Administrative Rule Review Report  #AR09-031

Legislative Service Office

23-June-09

AGENCY: Department of Environmental Quality

DATE SUBMITTED: June 9, 2009.

SUBJECT: Rule Package 1-S:  Coal Chapters 1, 2, 4, 5 and Appendix A.

NATURE OF RULES:                    Legislative, Procedural

STATUTORY AUTHORITY:        W.S. 35-11-112(a)(i) and 35-11-401(f)

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO: 

Apparently complete to date.

SUMMARY OF RULES: 

Generally, these rules expand these Chapters to all coal mining operations from just applicable to  surface mining, modify and add definitions, eliminate Appendix A and address several miscellaneous deficiencies as identified by the Office of Surface Mining. 

More specifically: 

Chapter 1 – Revises existing definitions, provides new definitions and defines regulatory periods.

Chapter 2 – Clarifies permit requirements, provides for vegetation baseline requirements and for revegetation reclamation plan requirements.

Chapter 4 - Clarifies revegetation success standards, codifies normal husbandry practices and revises temporary water impoundments.

Chapter 4, Appendix 4A - Reorganizes and clarifies species diversity and shrub density requirements.

Chapter 5 – Eliminates the specific exemption for small acreages of prime farmland.

Appendix A – Eliminates the entire Appendix A because concepts or rules are placed in Chapters 1, 2 or 4.

FINDINGS: 

The rules appear to be within the scope of statutory authority and legislative intent.  Compliance with federal law has not been determined as it is assumed the Attorney General has provided such review.

Administrative Rule Review Report  #AR09-031

Legislative Service Office

23-June-09

Page 2

STAFF RECOMMENDATION: 

That the rules be placed on the Consent List and be approved by the Council as submitted by the Agency.

_______________________

Maxine R. Weaver

Staff Attorney

_______________________

Lynda G. Cook

Staff Attorney

MRW/