Coal, Hardrock, and Uranium Committee meeting summary

February 16, 2021

DRMS Update: Ginny Brannon provided a general Division update and Russ Means discussed the Hardrock rulemaking stakeholder process. The Division is accepting written comments then will release a new draft by May 1 with the formal rulemaking process beginning in June, with a public hearing occurring in July.

Russ informed the committee that the Division has moved completely (May 1) to ETF for Bond refunds.

Mine production reports have been posted on the Division’s website.

Hardrock Rulemaking: The Committee discussed CMA’s possible submission of comments to the Division.

TENORM Guidance: Stan described the CDPHE TENORM Guidance stakeholder meetings which occur bi-weekly.

Determination of background exposure for mining materials is a topic for further discussion with the Division (determine background concentrations, waste materials, what is considered “background,” etc.)

Other questions for further exploration:

Ask for meeting?

Wastewater sludge—ore, water, soils? Guidance focuses on soils at generator or disposal site?

Dianna—type of testing for mine water?

Air Quality Enterprise Fee Stakeholder Process: The Air Quality Enterprise Board and Division have initiated a stakeholder processes to design a fee to fund the Enterprise. The statute allows the Enterprise to raise $1 million dollars in its first year, up to $5 million in year five. The Board will adopt the fee likely in June. The Division has proposed that the largest 150 emission sources pay the fee. Other proposals may be offered.

The Committee discussed some of the aspects of the fee, which in five years could equal an amount of fees sources pay for the stationary source program.

Moving to emission fee approach, some emissions are excluded from statute.

4.7 million dollars 20% enterprise fee

Top 150 Fee payers $4000 – 150th

3 million – 60%

4 million – 80%

5 million – 100%

Enterprise Board – April meeting – June adoption hearing

Individual sources aggravated. Some sources could be included in the covered sources one year and out the next.

March 2 – Next Enterprise Board meeting

Division expects to release early version of the rule.

Stakeholder meeting – Week of March 8.

Legislative Report: The General Assembly reconvenes February 16.

Dianna outlined several bills to be debated during this legislative session.