Coal Program Rulemaking Initiative

The Colorado Division of Reclamation, Mining and Safety’s (DRMS) Coal Program submitted a formal program amendment (CO-040-FOR) to the Office of Surface Mining Reclamation and Enforcement (OSMRE) on April 11, 2011.  This formal program amendment request was a result of OSMRE’s notification to DRMS of deficiencies in the Regulations of the Mined Land Reclamation Board for Coal Mining (Rules).  Public comments regarding the proposed program amendments were solicited from stakeholders, including other government agencies, mine operators, environmental groups, and mining organizations on December 21, 2010, in advance of the April 11, 2011 submittal. A public meeting was held on February 8, 2011, allowing stakeholders to comment on the proposed program amendment.  After numerous rounds of review comments from OSMRE, DRMS resubmitted the revised formal program amendment (CO-040-FOR) on October 1, 2014. 
 
On March 20, 2019, OSMRE notified DRMS that headquarters was signing the Federal Register Final Rule Notice, and the Colorado formal amendment package would be forwarded to the Executive Secretary for review.  The Colorado formal amendment package was approved by OSMRE and published in the Federal Register on August 29, 2019.  The formal amendment package became effective on October 3, 2019.
 
With the Federal approval of formal amendment package CO-040-FOR, DRMS will initiate the Colorado State Rulemaking process.  DRMS is requesting the Mine Land Reclamation Board initiate proceedings for rulemaking pursuant to Rule 1.06 at the November 13, 2019 Board Meeting.   If this petition is approved, a notice will be published in the Colorado Register in early December 2019.  A formal public hearing regarding the proposed Rule changes will be held in early 2020 (probably in February). 
 
Please contact Jim Stark, Coal Program Director, at jim.stark@state.co.us if you have any questions or need any additional information.

CO-040-FOR  Documents