Noncoal Program Fees

Applicable Regulations Chapter 77 (Noncoal Mining) Chapter 102 (Erosion and Sedimentation Control) Chapter 105 (Dam Safety and Waterways Management) Chapter 92 (NPDES) and 93 (Water Quality Standards) Chapter 96 (Water Quality Standards Implementation) Chapters 121, 123, 127 and 129 (Air) Chapter 209 (Surface Mine Safety) and 211 (Explosives)

Permittees-as of the end of 2009 There were 1547 entities that hold permits

Existing Permits-as of the end of 2009 Large –691 Active –31 Inactive 10,000 Ton –291 Active –6 inactive Small (<=2000 Ton) –1231 Active –32 Inactive

Permits About 600 applications a year are processed

Inspections Calendar Year 2008 –6069 Routine Inspections –425 Blasting Inspections Calendar Year 2009 –6308 Routine Inspections –397 Blasting Inspections

Noncoal Act Fee Language The department is authorized to charge and collect from persons a reasonable filing fee, which shall not exceed the cost of reviewing, administering and enforcing the permit.

What do other states do? Ohio New York Maryland West Virginia

Ohio Filing fee $500 on approval $500/yr with annual report, Small (10,000 tons) is $250 Renewal fee $1000 Reclamation fee $75/ac.

New York Permit fee per year: –$400 minor –$700 (up to 5 acres) –$900 (5-10 ac) –$1500 (10-20 ac) –$4000 (20-30 ac) –$8000 (30+ ac)

Maryland Right of entry recording fee $40 Permit fee per year $12/ac ($1000 max) Reclamation fee $30/ac

West Virginia Permit application $1000 $1000 at permit issuance Renewal/transfer/major rev. $500 Minor rev. $200 NPDES-new and renewal $1,000 Annual NPDES permit fee $1,000

Draft Fee Proposal Fees to pay for the cost of: –Permit review –Inspection (administering the permit) Calculations based on Workload Analysis –Hours for Review –Inspection Time –Personnel Costs (salary & benefits)

Rulemaking Process Amend Chapter 77 to incorporate new fees –Proposed Rulemaking (EQB) –Subject to comments Public Legislative Committees Independent Regulatory Review Commission –Public Hearings –Response to Comments (C & R document) –Published as Final Rulemaking

Timeline The Draft Regulation is now in the DEP internal review process Environmental Quality Board-June 15 Pa Bulletin in August (?) Hearings in September (?) Final to EQB in 2011

NSMCRA Fund Noncoal Surface Mining Conservation and Reclamation Fund … shall be used by the secretary for the purpose of the revegetation or reclaiming of land affected by surface mining of any minerals, for restoration or replacement of water supplies affected by surface mining operations or for any other conservation purposes provided by this act; and, for such purposes, are specifically appropriated to the department by this act.

Penalty Revenue Fiscal YearAmount 04-05$67, $137, $193, $144, $114,597.00

Environmental Education Fund 5% of penalties are required to go to the EEF.

Enforcement Some enforcement costs are captured through civil penalty assessments (Cost to the Commonwealth) However, only a fraction of the violations (~20%) result in payments

Other Revenue Sources Fiscal YearLicense FeeInterest 04-05$233,356.00$417, $231,373.38$740, $216,280.00$771, $221,100.00$626, $218,800.00$343,837.47

Program Data-Last FY 140 employees 40 Full Time Equivalents About $1.5 M per year for salary costs 40% for benefits puts the personnel costs at about $2.2 M per year Total program cost is about $ 3 M per year

Fee Calculation Basis Workload Analysis –Assigns hours to tasks –Used to manage staff levels Wage Rates Benefits –40% of salary Overhead –About 40% of personnel costs

Workload Analysis Permits –Small Permit-9 hours –Large Permit Groundwater-300 hours No groundwater-200 hours Blast Plan-8 hours Completion Report-10 hours

Inspection Workload Numbers Large –4 per year –7 hours per inspection Small –2 per year –2 hours per inspection

Fee Calculation Example Large permit that will encounter groundwater Workload Time-300 hours Wage Rate-$37.44 per hour 40% benefits 40% overhead 300 X $37.44 X 1.4 X 1.4=$22, Round to $22,025

Other Permit Fee Calculations Small Noncoal$525 Blast Plan$475 Completion Report$600 Large Major Amend-GW$3,850 Large Major Amend-Not GW$1,600 Large Transfer$900

Annual Administration Fee Paid each year Based on type of permit (small or large) Inspection Frequency

Administration Fee Calculation Example Large Noncoal with Blasting 4 inspections per year by the inspector 1 inspection per year by the Blasting Inspector 7 hours per inspection $28.75 per hour for inspector $32.83 for the Blasting Inspector 4 X 7 X $28.75 X 1.4 X 1.4=$ ($1,450) 1X 7 X $32.83 X 1.4 X 1.4=$ ($400) $1,850 per year

Administrative Fee Calculations Permit Category-Permit StatusAnnual Fee Large Surface Mining Permit-Active$1, Large Surface Mining Permit-Active with Blasting$1, Small Surface Mining Permit-Active$ Small Surface Mining Permit-Active with Blasting$ Underground Mining Permit-Active$1, General Permit-Short Term Construction$ All Permits-Not Started$ All Permits-Inactive$100.00

How does the proposal compare with the other states?

Questions, Comments or Suggestions