Wyoming Regulatory Program, 2614-2621 [2025-00198]

Agencies

• DEPARTMENT OF THE INTERIOR
• Office of Surface Mining Reclamation and Enforcement

[Federal Register Volume 90, Number 7 (Monday, January 13, 2025)]
[Rules and Regulations]
[Pages 2614-2621]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00198]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 950

[SATS No. WY-049-FOR; Docket No. OSM-2021-0003; S1D1S SS08011000 
SX064A000 245S180110; S1D1S SS08011000 SX064A000 24XS501520]


Wyoming Regulatory Program

AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.

ACTION: Final rule; approval of amendment.

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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement 
(OSMRE), are approving an amendment to the Wyoming regulatory program 
(hereinafter, the Wyoming Program or Program) under the Surface Mining 
Control and Reclamation Act of 1977 (SMCRA or the Act). On its own 
initiative, the Wyoming Land Quality Division (LQD), in response to 
State legislative changes enacted in 2020, proposed rules to its 
Program that facilitate the disposal of inert decommissioned wind 
turbine blades and towers as backfill in end walls or the final pit 
voids in surface coal mining operations. In addition, Wyoming has 
updated Chapter 2 of its Coal Rules, titled ``Permit Application 
Requirements for Surface Coal Mining Operations,'' to provide 
consistency with the Wyoming Secretary of State's Rules on Rules, as 
well as correct grammatical errors.

DATES: Effective February 12, 2025.

FOR FURTHER INFORMATION CONTACT: Attn: Jeffrey Fleischman, Field Office 
Director, Office of Surface Mining Reclamation and Enforcement, 100 
East B Street, Casper, Wyoming 82602, Telephone: (307) 261-6550, Email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Background on the Wyoming Program
II. Submission of the Amendment
III. OSMRE's Findings
IV. Summary and Disposition of Comments
V. OSMRE's Decision
VI. Statutory and Executive Order Reviews

I. Background on the Wyoming Program

    Section 503(a) of the Act permits a State to assume primacy for the 
regulation of surface coal mining and reclamation operations on non-
Federal and non-Indian lands within its borders by demonstrating that 
its program includes, among other things, State laws and regulations 
that govern surface coal mining and reclamation operations in 
accordance with the Act and consistent with the Federal regulations. 
See 30 U.S.C. 1253(a)(1) and (7).
    On the basis of these criteria, the Secretary of the Interior 
conditionally approved the Wyoming program on November 26, 1980. You 
can find background information on the Wyoming program, including the 
Secretary's findings, the disposition of comments, and conditions of 
approval in the November 26, 1980, Federal Register (45 FR 78637). You 
can also find later actions concerning Wyoming's program and program 
amendments at 30 CFR 950.11, 950.12, 950.15, 950.16, and 950.20.

II. Submission of the Amendment

    By letter dated June 4, 2021 (Administrative Record No. WY-49-01), 
Wyoming LQD sent us an amendment to its program under SMCRA (30 U.S.C. 
1201 et seq.). Wyoming submitted the amendment in response to 
legislative changes made through Wyoming House Bill HB0129 during the 
2020 legislative session, to Wyoming Statute (W.S.) Sec.  35-11-
402(a)(xiii). These changes outlined rules regarding how noncoal, non-
mining waste, in the form of inert decommissioned wind turbine blades 
and towers, could be used as backfill in open surface coal mine pits in 
order to facilitate disposal of those materials. The proposed revisions 
to Chapter 2 of the Program allow for inert wind turbine blades and 
towers to be placed in the final pit voids or end walls of surface coal 
mining operations during reclamation. In addition, Wyoming has proposed 
grammatical changes to Chapter 2 as well as minor edits to provide 
consistency with the Wyoming Secretary of State's Rules on Rules.
    Wyoming stated in its submission that the Wyoming Legislature 
tasked LDQ with developing rules and regulations about the disposal of 
noncoal, non-mining-generated solid wastes at surface coal mining and 
reclamation operations because of the large volume of decommissioned 
wind turbine blades and towers, a lack of scalable recycling

[[Page 2615]]

methods to facilitate their disposal, and limited guidance in SMCRA 
about this type of disposal. Wyoming's submission seeks to address 
issues associated with the resulting stockpile of decommissioned wind 
turbine blades and towers as a result of wind energy generation, 
upgrades, and routine maintenance.
    We announced receipt of the proposed amendment in the August 4, 
2021, Federal Register (86 FR 41907). With that announcement, we opened 
the public comment period and provided an opportunity for a public 
hearing or meeting on the adequacy of the proposed amendment. We did 
not hold a public hearing or meeting because none was requested. We did 
not receive any comments regarding the amendment. The public comment 
period ended on September 3, 2021.
    On September 27, 2024, OSMRE sent a letter to the Environmental 
Protection Agency's Office of Land and Emergency Management (EPA) for 
comment on Wyoming's proposed amendment. On October 24, 2024, EPA 
responded that it does not see a conflict between Wyoming's proposed 
revisions and the Resource Conservation and Recovery Act (RCRA) as long 
as the facilities are permitted and subject to Wyoming's Construction 
and Demolition Landfill Regulations under Chapter 4 of Wyoming's Solid 
Waste Division Rules, and meet the Federal criteria at 40 CFR 257, 
Subpart A. To further assist us in making a final determination on 
Wyoming's submission, by letter dated November 26, 2024, OSMRE sent 
Wyoming a letter requesting clarification on certain issues 
(Administrative Record No. WY-049-12; www.regulations.gov Docket No. 
OSM-2021-0003-0009). Wyoming responded by letter dated December 3, 2024 
(``Clarification Letter'') (Administrative Record No. WY-049-13; 
www.regulations.gov Docket No. OSM-2021-0003-0010).

III. OSMRE's Findings

    We are approving the revisions to Wyoming's State program. We made 
the following findings about Wyoming's amendment as provided under 
SMCRA and the Federal regulations at 30 CFR 730.5, 732.15, and 732.17.

1. Discussion of Regulatory Changes Submitted by Wyoming

a. WCWR 020-0006-2 Section 1(a); Section 2(a); Section 3 (b)-(d), (f), 
(j)-(k); Section 4(a); and Section 5(a)--Minor corrections
    In these sections, Wyoming proposed grammatical changes to Chapter 
2 as well as minor edits to provide consistency with the Wyoming 
Secretary of State's Rules on Rules. These revisions were non-
substantive changes. Therefore, we are approving Wyoming's proposed 
changes to WCWR 020-0006-2 Section 1(a); Section 2(a); Section 3 (b)-
(d), (f), (j)-(k); Section 4(a); and Section 5(a) because they are 
consistent with SMCRA and no less effective than the Federal 
regulations.
b. WCWR 020-0006-2 Section 6--Wind Turbine Blades and Towers as 
Backfill
    Wyoming's proposed rule changes WCWR 020-0006-2 Section 6(b)(ii), 
primarily by adding paragraph (F), which describes what information is 
required in the reclamation plan where an operator intends to dispose 
of ``inert decommissioned wind turbine blades and towers'' as backfill. 
Neither SMCRA nor the Federal regulations expressly provide for the 
disposal of noncoal, non-mining solid waste, such as inert 
decommissioned wind turbine blades and towers, on surface coal mining 
and reclamation operations as part of reclamation. The lack of Federal 
counterpart, however, does not automatically determine whether 
Wyoming's proposed changes to its State program are consistent with 
SMCRA and no less effective than the Federal regulations. Any material 
placed in mine pits or otherwise used to reclaim a permitted mine site 
must comply with SMCRA permitting requirements and performance 
standards, regardless of whether the material originates within the 
permit area or whether it is imported from outside the permit area, and 
the regulatory authority has the authority to establish monitoring and 
analysis requirements for those materials. See, e.g., Pacific Coal Co. 
v. OSM, Civ. No. 03-0260Z, (W.D. Wash. Feb. 2, 2004). So, to ensure 
Wyoming's proposed amendment meets our approval standards, we must 
conduct a comparison of Wyoming's proposed rules to SMCRA and the 
Federal regulations.
    WCWR 020-0006-2 Section 6(b)(ii)(F) has six requirements, which 
specify: (I) that ``only inert base material from decommissioned wind 
turbine blades and towers'' are allowed to be disposed of in the 
backfill; (II) ``[n]acelles and nacelle housings'' and ``mechanical, 
electrical, and other materials'' are not permitted to be disposed of 
in the backfill and must be removed before disposal; (III) as described 
in more detail below, the material disposed of may only be placed in 
approved locations that meet certain criteria with certain disclosures; 
(IV) certain placement requirements, including how the material must be 
placed in the pits and groundwater monitoring; (V) final surface 
reclamation requirements; and (IV) the operator pay Wyoming, on a 
quarterly basis, 25 percent of any revenues collected by the operator 
for disposal of this material.
    WCWR 020-0006-2 Section 6(b)(ii)(F)(I) and (II) simply describe the 
types of noncoal, non-mining solid wastes that may be placed in the 
backfill under this section. As proposed, WCWR 020-0006-2 Section 
6(b)(ii)(F)(III) contains six requirements for locations where inert 
decommissioned wind turbine blades and towers are authorized as part of 
the backfill. The first two requirements provide the location within 
the backfill area in which inert decommissioned wind turbine blades and 
towers may be placed. Specifically, these materials can be placed in 
``end walls'' or ``final pit voids'' and placed ``a minimum of twenty 
feet above the pre-mining potentiometric surface of the coal aquifer 
and a minimum of twenty feet below the final regraded spoils 
surface[.]'' WCWR 020-0006-2 Section 6(b)(ii)(F)(III)(1.) and (2.)
    Neither SMCRA nor the Federal regulations nor Wyoming's regulations 
contain definitions of ``end wall'' or ``final pit voids.'' However, 
the end wall and final pit are commonly understood to refer to the 
final cut of an open pit or the last pit excavation in a mining area. 
Therefore, OSMRE interprets this to mean that Wyoming intends to allow 
disposal of certain types of inert decommissioned wind turbine blades 
and towers in the open space, or void, left in the final mining cut and 
not the first or middle cuts on a mine site.
    Similarly, SMCRA, the Federal regulations, and Wyoming's 
regulations do not contain a definition or explanation of the phrase 
``pre-mining potentiometric surface of the coal aquifer.'' OSMRE 
interprets this to mean that any disposal would only be allowed in the 
area 20 feet above the pre-mining potentiometric surface of the coal 
aquifer. If the disposal is occurring above a pre-mining unconfined 
coal aquifer, OSMRE interprets this to mean that the material would be 
placed at least 20 feet above the top of the coal seam aquifer. It is 
OSMRE's understanding that this is designed to ensure that when 
groundwater returns to the backfilled area, the wind turbines and 
blades will not come in contact with groundwater. As such, we find that 
these provisions are in accordance with SMCRA and consistent with the 
Federal regulations; any implementation of this phrase by Wyoming that 
is inconsistent

[[Page 2616]]

with this interpretation may require OSMRE to reevaluate this approval.
    Because SMCRA and the Federal regulations do not contemplate 
disposal of any noncoal, non-mine waste in backfill areas on SMCRA 
sites, there are no existing corresponding statutory or regulatory 
requirements for this type of disposal. While this type of disposal is 
not explicitly authorized under SMCRA, the fact that Wyoming's proposed 
changes do not exempt the areas accepting this waste material from any 
other requirements of either SMCRA or the Federal regulations indicates 
that the practice should not result in mining or reclamation that is 
not in accordance with the minimum requirements of SMCRA or 
inconsistent with the Federal regulations. Furthermore, the proposed 
changes requiring that the specific types of waste be placed only in 
limited areas, a minimum of 20 feet above the pre-mining potentiometric 
surface of the coal aquifer and a minimum of 20 feet below the final 
regraded spoils surface should reduce the potential for this material 
to come into contact with water. This requirement should reduce the 
potential for leachate and not conflict with the existing SMCRA 
performance standards.
    WCWR 020-0006-2 Section 6(b)(ii)(F)(III) sections (3.) and (5.) 
require that the backfill disposal location be mapped with a legal 
description, with backfill locations and groundwater monitoring 
locations updated annually, and that a disclosure be placed on the real 
property deed for the described lands before final bond release. Again, 
because SMCRA and the Federal regulations do not contemplate disposal 
of such noncoal, non-mine waste in backfill areas on SMCRA sites, there 
are no corresponding Federal statutory or regulatory requirements for 
this type of disposal under SMCRA. Instead, OSMRE evaluated this 
proposal to ensure that Wyoming's proposed changes are in accordance 
with SMCRA and consistent with the Federal regulations, which raised 
two potential concerns.
    First, the wording of WCWR 020-0006-2 Section 6(b)(ii)(F) appears 
to require all applicants to include a plan to dispose of inert 
decommissioned towers and blades in their reclamation plan. For 
example, WCWR 020-0006-2 Section 6(b)(ii)(B) and (C) each contain a 
preface that reclamation plans for terraces & benches and permanent 
water impoundments are required only when those features ``are 
proposed'' by the applicant; in contrast, WCWR 020-0006-2 Section 
6(b)(ii)(F) has no such preface. In the Clarification Letter, Wyoming 
stated that disposal of inert decommissioned wind turbine blades and 
towers on a SMCRA mine site is ``a voluntary requirement'' and will 
only be included in the reclamation plan if ``the operator chooses to 
accept and use the towers and blades as backfill.''
    Second, the proposed rules do not address what would happen if a 
mineral or surface owner does not consent to a proposal to place inert 
decommissioned wind turbine blades and towers in the excavated pits. In 
the Clarification Letter, Wyoming responded that: ``[t]he rules apply 
regardless of surface ownership (private, state or federal) but surface 
owner consent would be required before the disposal of any wind turbine 
blades or towers would be allowed under WS Sec.  35-11-406(b)(xi) and 
(xii).'' See, e.g., WS Sec.  35-11-406(b)(xii) (which ``requires an 
instrument of consent from the surface landowner, if different from the 
owner of the mineral estate, be included to the mining and reclamation 
plans. If consent cannot be obtained, the applicant can request a 
hearing on the issue before the Environmental Quality Council. The 
Council is required to issue an order in lieu of consent if certain 
findings are made.''). Wyoming also noted that WCWR 020-0006-2 Section 
6(b)(ii)(F)(III)(5.) would require that where inert decommissioned wind 
turbine blades and towers have been disposed of on a SMCRA site, a 
disclosure of such must be placed on the real property deed, ``which 
would also require surface owner consent.'' Furthermore, Wyoming has 
clarified that consent from surface owners, including the Federal 
government, is required before such disposal can occur. We note, 
however, that Federal lands, as defined in SMCRA, applies to ``any 
land, including mineral interests, owned by the United States . . . .'' 
30 U.S.C. 1291(4). To the extent that Wyoming seeks to apply this rule 
to Federal lands (including lands with either Federal surface or 
mineral ownership) through its State-Federal Cooperative Agreement (30 
CFR 950.20), Wyoming must receive all necessary Federal agency 
approvals before any disposal occurs.
    After clarification of these two points, we find that these 
provisions are in accordance with SMCRA and consistent with the Federal 
regulations; any implementation of this regulations by Wyoming that is 
inconsistent with these clarifications may require OSMRE to reevaluate 
this approval.
    WCWR 020-0006-2 Section 6(b)(ii)(F)(III)(4.) allows the reclaimed 
land above an approved backfill disposal location to be designated as a 
joint or alternative land use as long as the applicant provides the 
required demonstration in Section 6(b)(x)(C) of the same Chapter and 
the disposal supports the approved land use as required in Section 
6(b)(x).
    Under the Federal regulations at 30 CFR 816.133, all disturbed 
lands are required to be restored in a timely manner to conditions 
capable of supporting the uses they were capable of supporting before 
any mining or to a higher or better use. If the postmining land use is 
different than the pre-mining uses of land, a regulatory authority may 
approve an ``alternative land use'' if it is a higher or better use. 
Wyoming's currently approved regulations at WCWR 020-0006-2 Section 
6(b)(x)(B)-(C) are substantially similar to the Federal regulations. 
Wyoming's proposed amendment states that ``[t]he approved backfill 
disposal location may be designed as a joint or alternative land use in 
the approved reclamation plan (WCWR 020-0006-2 Sec. 6(b)(x)(B)). 
Approval of alternative land uses requires a demonstration as required 
in WCWR 020-0006-2 Sec. 6(b)(x)(C) [of WYDEQ's Coal Rules]. The 
disposal of inert towers and blades must support the postmining land 
use identified in accordance with the requirements of Section 6(x) of 
this Chapter.'' In its Clarification Letter, Wyoming confirmed that the 
inert decommissioned wind turbine tower and blade disposal will occur 
contemporaneously with reclamation and that it is not creating a new 
postmining land use for waste disposal areas. Specifically, Wyoming 
noted that the wind turbine blades and towers ``would only be part of 
the backfill plan and not contemporaneous with final reclamation.''
    We understand Wyoming's response to mean, as required by the 
proposed changes to their reclamation plan requirements, wind turbine 
blade and tower disposal would only occur during the backfill stage of 
the reclamation once the operation has met an end wall or final void. 
As required by the performance standards in both the Federal 
regulations at 30 CFR 816.100 and the Wyoming regulations at WCWR 020-
0006-4 Section 2(b)(i), all coal mine operators are required to reclaim 
land as contemporaneously as practicable with mining operations, 
including but not limited to backfilling, grading, topsoil replacement, 
and revegetation. Nothing in Wyoming's proposed amendment would remove 
or alter the existing contemporaneous reclamation requirement from 
Wyoming's performance standards. Operators who elect to dispose of wind 
turbine blades and towers must still reclaim their land as

[[Page 2617]]

contemporaneously as possible with their mining operation. Thus, with 
this understanding, Wyoming's proposed amendment is in accordance SMCRA 
and consistent with the Federal regulations in relation to 
contemporaneous reclamation requirements.
    WCWR 020-0006-2 Section 6(b)(ii)(F)(III)(6.) requires that any 
``backfill disposal location approved by the Division shall comply with 
Chapter 4, Section 4 of the Solid and Hazardous Waste Division Rules. 
As enacted in 1977, SMCRA states that ``[n]othing in this Act shall be 
construed as superseding, amending, modifying, or repealing . . . The 
Solid Waste Disposal Act . . .'' 30 U.S.C. 1292(a)(5). One year prior, 
RCRA amended the Solid Waste Disposal Act on October 21, 1976. Public 
Law 94-580, Oct. 21, 1976, 90 Stat. 2795. Therefore, SMCRA does not 
permit an action that has the effect of superseding, amending, 
modifying, or repealing RCRA or the Solid Waste Disposal Act.
    In Wyoming's June 4, 2021, submission letter for this proposed 
amendment, Wyoming stated that its proposed rules for the disposal of 
decommissioned inert towers and blades would be compliant with the 
Wyoming Solid Waste Diversion Rules Chapter 4 Construction and 
Demolition Landfill Regulations. However, Wyoming's proposed rules do 
not require a permit under the Construction and Demolition Landfill 
Regulations and only provide cross-references to Chapter 4, Sections 4 
and 8(b)(iv)(A) of the Solid and Hazardous Waste Division Rules, which 
are subsets of Wyoming's Construction and Demolition Landfill within 
WCWR 020-0009-4 Section 2(a) and the Federal requirements of 40 CFR 
part 257, subpart A.
    OSMRE acknowledges that an LQD permit issued pursuant to SMCRA can, 
in certain circumstances, substitute for the separate permit required 
by Wyoming's Construction and Demolition Landfill requirements. As 
noted earlier and as discussed below under ``Section IV. Summary and 
Disposition of Comments,'' OSMRE sought consultation from EPA because 
Wyoming's proposal would authorize disposal of waste material normally 
regulated under RCRA on SMCRA sites. EPA's response indicated that a 
facility receiving decommissioned inert towers and blades, including 
SMCRA coal mines, would need to meet all requirements of Wyoming's 
Construction and Demolition Landfill regulations within WCWR 020-0009-
4, Section 2(a), and the Federal criteria at 40 CFR part 257, subpart 
A. The EPA notes that Section 2(a) of Wyoming's Construction and 
Demolition Landfill regulations requires RCRA permit applications to 
contain applicable information related to Sections 3 through 17, which 
include criteria for the location, design and construction, operating, 
monitoring, and corrective action standards, among others. The EPA 
concluded that it does not see a conflict between Wyoming's proposed 
rule and the RCRA program, so long as these proposed rules are 
implemented such that they meet Wyoming's Construction and Demolition 
Landfill regulations within WCWR 020-0009-4, Section 2(a) and the 
Federal requirements of 40 CFR part 257, subpart A.
    In its Clarification Letter, Wyoming stated that ``[a]lthough 
specific sections of Solid Waste Rule, Chapter 4 are listed in the Land 
Quality Rule, facilities are required to meet all applicable standards 
in all rules.'' Based on this representation that all facilities, 
including SMCRA sites receiving wind turbine and blade waste materials, 
are required to satisfy all Construction and Demolition Landfill 
regulations within WCWR 020-0009-4 Section 2(a) and the Federal 
requirements of 40 CFR part 257, subpart A, OSMRE determined that these 
provisions would be in accordance with SMCRA and consistent with 
Federal regulations; any implementation of this section that is 
inconsistent with this interpretation may require OSMRE to reevaluate 
its approval.
    As proposed, WCWR 020-0006-2 Section 6(b)(ii)(F)(IV) contains three 
closure requirements for locations where inert decommissioned wind 
turbine blades and towers are authorized as part of the backfill. The 
first outlines how this material should be placed in lifts to prevent 
subsidence, the second outlines groundwater monitoring requirements, 
and the third relates to bond releases. WCWR 020-0006-2 Section 
6(b)(ii)(F)(IV).
    WCWR 020-0006-2 Section 6(b)(ii)(F)(IV)(1.) requires that inert 
decommissioned wind turbine blades and towers be placed in lifts not to 
exceed 10 feet and covered with a minimum of 15 feet of suitable 
backfill ``dry tomb placement.'' The Federal regulations at 30 CFR 
780.18(b)(3) require a plan for backfilling, soil stabilization, 
grading, and compacting, with contour maps or cross sections to show 
the anticipated final surface configuration in accordance with 30 CFR 
816.102. Federal regulation 30 CFR 816.102(c) requires the operator to 
compact spoil to ensure stability or to prevent leaching of toxic 
material. Under Wyoming's rules at WCWR 020-0006-2 Section 6(b)(ii)(E), 
a mine operator's reclamation plan must be designed to ensure stability 
of the reclaimed land surface.
    A lift is a method in which an operator puts dirt above and below 
an area or object. Typically, these areas are compacted. This placement 
configuration stabilizes the surrounding area and helps to prevent 
leaching of material throughout the surrounding soil; thus, assuming 
the lift uses compacted dirt, this section is in accordance with SMCRA 
and consistent with the Federal regulations.
    While lifts are helpful in preventing subsidence, Wyoming's 
proposed amendment does not specify whether this proposed regulation 
requires the lifts to be compacted or if loose fill is allowed. 
Wyoming's proposed regulations do not address if or how inert 
decommissioned wind turbine blades and towers will be processed before 
disposal. Inert towers and blade casings are generally rigid and hollow 
and are made of fiberglass and epoxy resin. While the material is 
durable, over an extended period of time it will break down. In 
addition, unprocessed inert turbine blades and casings are hollow, so 
the breakdown of material could potentially cause soil instability and 
subsidence, which could be worsened if multiple inert turbine blades 
and towers are stacked together. Therefore, there is potential that 
surface and postmining land use activities will be affected by a 
subsidence issue in the future, after bond release.
    In its Clarification Letter, Wyoming stated that Chapter 4, Section 
2(b) of the Wyoming's Coal Rules (Coal Chapter 2, Section 
6(b)(ii)(F)(IV)(1)), which details the requirements for a plan for 
backfilling, grading, and contouring all affected lands, requires an 
applicant to provide procedures for assuring stability of the reclaimed 
land surface. Wyoming's response indicates that Wyoming intends for its 
rules to require an operator to reclaim areas, including wind turbine 
disposal sites, in a way that prevents subsidence. Thus, Wyoming's 
proposed rules are in accordance with SMCRA and consistent with the 
Federal regulations in preventing subsidence in reclaimed areas; any 
implementation of this section that is inconsistent with this 
interpretation may cause OSMRE to reevaluate its approval.
    WCWR 020-0006-2 Section 6(b)(ii)(F)(IV)(2.) and (3.) require that 
the groundwater monitoring plan required by Wyoming's existing coal 
rules also include monitoring wells to be installed and monitored in

[[Page 2618]]

accordance with Chapter 4, Section 8(b)(iv)(A) of the Solid and 
Hazardous Waste Division Rules, and that this groundwater monitoring 
and vegetation monitoring continue until final bond release.
    Under SMCRA at 30 U.S.C. 1259, a coal mine operator is required to 
obtain a performance bond once their permit has been approved by the 
regulatory authority. The amount of the bond is calculated by 
determining the cost to fully reclaim a mine site. To obtain full 
release of its performance bond, an operator must meet the requirements 
of 30 CFR 800.40, which includes rules for re-vegetation and water 
monitoring, among others. Wyoming has equivalent requirements under its 
own Coal Program at WCWR 020-0006-15. Wyoming's proposed amendment does 
not explicitly require recalculating bond amounts to account for 
potential impacts or uncertainty related to the disposal of inert 
decommissioned wind turbines and towers on their permit.
    While Wyoming did not specifically indicate how the proposed 
amendment will affect its bonding calculations, Wyoming reiterated in 
its Clarification Letter that operators are required to meet all of the 
existing and approved bonding rules in WCWR 020-0006-11, as well as 
those prescribed by SMCRA and the Federal regulations. Under Wyoming's 
existing rules, if disposal of wind turbine blades or towers caused 
unanticipated impacts, Wyoming would be required to adjust the bond 
amounts and order an operator to correct the issue without any further 
revision to its regulations.
    Wyoming's proposal adds the requirement that any additional 
groundwater monitoring requirements under Chapter 4, Section 
8(b)(iv)(A) of the Solid and Hazardous Waste Division Rules be added to 
LDQ's permit. Wyoming's proposal does not remove any existing 
groundwater monitoring requirements or bond requirements already 
approved by OSMRE. Consequently, Wyoming's proposed amendment is in 
accordance with SMCRA and consistent with the Federal regulations with 
regard to groundwater monitoring and bonding.
    As proposed, WCWR 020-0006-2 Section 6(b)(ii)(F)(V) contains two 
final surface reclamation requirements. First, Section 
6(b)(ii)(F)(V)(1.) requires that the final reclamation surface must 
blend with the surrounding mine reclamation and have a permanent 
vegetative cover in accordance with Chapter 4, Section 2(d) of the 
Division's Coal Chapter 4 requirements. Second, Section 
6(b)(ii)(F)(V)(2.) requires that the final reclamation must drain 
properly and not impound water in accordance with the Division's Coal 
Chapter 4 requirements.
    Under the Federal regulations at 30 CFR 816.102, areas disturbed by 
surface coal mining operations must be backfilled and graded to achieve 
approximate original contour (AOC), except in limited cases. Wyoming's 
regulations, at WCWR 020-0006-4 Sec. 2 (b)(iii), also require all 
affected lands to be returned to AOC, with some exceptions. Wyoming 
defines AOC to mean ``surface configuration achieved by backfilling and 
grading of the mined areas so that the reclaimed land surface closely 
resembles the general surface configuration of the land prior to mining 
and blends into and complements the drainage pattern of the surrounding 
terrain.'' WCWR 020-0006-1 Sec. 2 (h). Under its proposed regulations 
for the disposal of inert towers and blades within surface coal mining 
sites, Wyoming would require the reclaimed surface to not exceed the 
approximate pre-mining slopes, WCWR 020-0006-2 Sec. 6 (b)(ii)(D), and 
the lands to blend with the surrounding mine reclamation. WCWR 020-
0006-2 Sec. 6 (b)(ii)(F)(V)(1). To clarify this matter, we asked 
Wyoming if it could describe how its proposed regulations will ensure 
that the surface configuration achieved by backfilling and grading of 
the areas receiving inert towers and blades will closely resemble the 
general surface configuration of the land prior to mining and blend 
into and complement the drainage pattern of the surrounding terrain. 
(Administrative Record No. WY-049-12).
    In its Clarification Letter, Wyoming confirmed that the 
requirements in Sections 6(b)(ii)(F)(V)(1.) and (2.) are in addition to 
the requirement that the entire mine, including areas receiving 
disposal of inert towers and blades, must achieve approximate original 
contour as required by Chapter 4, Section 2(b)(iii) of the Division's 
Coal Rules. Because this provision does not remove any existing 
requirements related to achieving approximate original contour and only 
adds the requirement that the disposal areas must blend with the 
surrounding mine and drain properly, Wyoming's proposed amendment is in 
accordance with SMCRA and consistent with the Federal regulations in 
ensuring that these sites will be reclaimed to achieve approximate 
original contour.

2. Conclusion

    As explained above, with the information contained in its initial 
submission and the Clarification Letter, we conclude that the proposed 
amendment is in accordance with SMCRA and consistent with the Federal 
regulations. We therefore approve Wyoming's changes to its State 
program.

IV. Summary and Disposition of Comments

Public Comments

    We asked for public comments on the amendment, but we did not 
receive any.

Federal Agency Comments

    On June 16, 2021, under 30 CFR 732.17(h)(11)(i) and section 503(b) 
of SMCRA, we requested comments on the amendment from various Federal 
agencies with an actual or potential interest in the Wyoming program 
(Administrative Record No. WY-49-04). We did not receive any comments.

Environmental Protection Agency (EPA) Concurrence and Comments

    Under 30 CFR 732.17(h)(11)(ii), we are required to get a written 
concurrence from EPA for those provisions of the program amendment that 
relate to air or water quality standards issued under the authority of 
the Clean Water Act (33 U.S.C. 1251 et seq.) or the Clean Air Act (42 
U.S.C. 7401 et seq.). None of the revisions that Wyoming proposed to 
make in this amendment pertain to air or water quality standards. 
Therefore, we did not ask EPA to concur on the amendment. However, on 
June 16, 2021, under 30 CFR 732.17(h)(11)(i), we requested comments 
from EPA Region 8 on the amendment (Administrative Record No. WY-049-
04). The EPA did not respond to this request.
    OSMRE identified that Wyoming's proposed amendment may have RCRA 
implications because Wyoming's proposal would authorize the disposal of 
waste material normally regulated under RCRA in SMCRA sites. So, 
pursuant to 30 CFR 732.17(h)(11)(i), on September 27, 2024, we sent a 
letter to the EPA's Office of Land and Emergency Management requesting 
comment. (Administrative Record No. WY-049-07). The EPA responded on 
October 24, 2024. (Administrative Record No. WY-049-10). These letters 
are posted on www.regulations.gov (Docket Nos. OSM-2021-0003-00007 and 
OSM-2021-0003-0008).
    The EPA commented that, under RCRA, the EPA establishes a national 
minimum standard for non-hazardous waste, the states are delegated the 
lead role in overseeing the disposal of non-hazardous waste, and the 
generator of waste is ultimately responsible for determining whether 
the waste qualifies as non-hazardous. The EPA explained that, if wind 
turbine blades and towers

[[Page 2619]]

are appropriately characterized as non-hazardous waste and no other 
waste is accepted at these wind turbine disposal facilities, then such 
facilities would be subject to 40 CFR part 257, subpart A, entitled 
``Classification of Solid Waste Disposal Facilities and Practices.''
    As explained in more detail above, the EPA interpreted Wyoming's 
proposed amendment to mean that the wind turbine disposal facilities 
are permitted and subject to Wyoming's Construction and Demolition 
Landfill Regulations under Chapter 4 of Wyoming's Solid Waste Division 
Rules. Accordingly, a facility under these proposed rules would need to 
meet both the Wyoming criteria and Federal criteria at 40 CFR part 257, 
subpart A. The EPA concluded its comment by stating that, so long as 
these criteria are met, it does not anticipate a conflict between 
Wyoming's proposed amendments and RCRA.
OSMRE Response
    OSMRE appreciates EPA's response. As explained above, SMCRA 
provides that nothing in SMCRA can be construed as superseding, 
amending, modifying, or repealing various environmental laws, including 
the Solid Waste Disposal Act, which RCRA amended. In its June 4, 2021, 
submission letter for this proposed amendment, Wyoming stated that its 
proposed rules for the disposal of decommissioned inert towers and 
blades would be compliant with Wyoming Solid Waste Diversion Rules 
Chapter 4, ``Construction and Demolition Landfill Regulations.'' In our 
November 26, 2024, letter to Wyoming, we asked Wyoming to describe how 
its proposed regulations will comply with all of Chapter 4 of Wyoming's 
Solid Waste Diversion Rules. Wyoming's Clarification Letter stated: 
``The standards found in Wyoming Solid Waste Rule Chapter 4 are state 
standards and there is no federal oversight for this type of waste 
disposal under [RCRA] and as verified in US EPA's October 24, 2024, 
letter. Although specific sections of Solid Waste Rule, Chapter 4 are 
listed in the Land Quality Rule, facilities are required to meet all 
applicable standards in all rules.''
    Based on EPA's response and Wyoming's commitment that ``facilities 
are required to meet all applicable standards in all rules[,]'' we 
conclude that this amendment does not supersede, amend, modify, or 
repeal RCRA so long as the disposal facilities authorized under this 
amendment are permitted and subject to all of Wyoming's Construction 
and Demolition Landfill Regulations under Chapter 4 of Wyoming's Solid 
Waste Division Rules and meet the Federal criteria at 40 CFR part 257, 
subpart A.

State Historical Preservation Officer (SHPO) and the Advisory Council 
on Historic Preservation (ACHP)

    Under 30 CFR 732.17(h)(4), we are required to request comments from 
the SHPO and ACHP on amendments that may have an effect on historic 
properties. On June 16, 2021, we requested comments on Wyoming's 
amendment (Administrative Record No. WY-054-04). We did not receive 
comments from the SHPO or ACHP. Nevertheless, OSMRE determined there 
will be no effect on historic or cultural resources as a result of this 
amendment because wind turbine blades and towers will be disposed of in 
pits as backfill material within the footprint of areas disturbed by 
coal mining activities.

V. OSMRE's Decision

    Based on the above findings, we are approving Wyoming's amendment 
submitted to us on June 4, 2021. To implement this decision, we are 
amending the Federal regulations at 30 CFR part 950, which codify 
decisions concerning the Wyoming program. In accordance with the 
Administrative Procedure Act, this rule will take effect 30 days after 
the date of publication. Section 503(a) of SMCRA requires that the 
State's program demonstrate that the State has the capability of 
carrying out the provisions of the Act and meeting its purposes. SMCRA 
requires consistency of State and Federal standards.

VI. Statutory and Executive Order Reviews

Executive Order 12630--Governmental Actions and Interference With 
Constitutionally Protected Property Rights

    This rule would not effect a taking of private property or 
otherwise have taking implications that would result in private 
property being taken for government use without just compensation under 
the law. Therefore, a takings implication assessment is not required.

Executive Order 12866--Regulatory Planning and Review, 13563--Improving 
Regulation and Regulatory Review, 14094--Modernizing Regulatory Review

    Executive Order 12866, as amended by Executive Order 14094, 
provides that the Office of Information and Regulatory Affairs in the 
Office of Management and Budget (OMB) will review all significant 
rules. Pursuant to OMB guidance dated October 12, 1993 (OMB Memo M-94-
3), the approval of state program amendments is exempted from OMB 
review under Executive Order 12866, as amended by Executive Order 
14094. Executive Order 13563, which reaffirms and supplements Executive 
Order 12866, retains this exemption.

Executive Order 12988--Civil Justice Reform

    The Department of the Interior has reviewed this rule as required 
by section 3 of Executive Order 12988. The Department determined that 
this Federal Register document meets the criteria of Section 3 of 
Executive Order 12988, which is intended to ensure that the agency 
review its legislation and proposed regulations to eliminate drafting 
errors and ambiguity; that the agency write its legislation and 
regulations to minimize litigation; and that the agency's legislation 
and regulations provide a clear legal standard for affected conduct 
rather than a general standard, and promote simplification and burden 
reduction. Because section 3 focuses on the quality of Federal 
legislation and regulations, the Department limited its review under 
this Executive Order to the quality of this Federal Register document 
and to changes to the Federal regulations. The review under this 
Executive Order did not extend to the language of the State regulatory 
program or to the program amendment that the State of Wyoming drafted.

Executive Order 13132--Federalism

    This rule has potential Federalism implications as defined under 
Section 1(a) of Executive Order 13132. Executive Order 13132 directs 
agencies to ``grant the States the maximum administrative discretion 
possible'' with respect to Federal statutes and regulations 
administered by the States. Wyoming, through its approved regulatory 
program, implements and administers SMCRA and its implementing 
regulations at the State level. This rule approves an amendment to the 
Wyoming program submitted and drafted by the State and, thus, is 
consistent with the direction to provide maximum administrative 
discretion to States.

Executive Order 13175--Consultation and Coordination With Indian Tribal 
Governments

    The Department of the Interior strives to strengthen its 
government-to-government relationship with Tribes through a commitment 
to consultation with Tribes and recognition of their right to self-
governance and tribal sovereignty. We have evaluated this rule

[[Page 2620]]

under the Department's consultation policy and under the criteria of 
Executive Order 13175 and have determined that, although no Indian 
lands, as defined under SMCRA, are implicated by this rule, this State 
program amendment may have substantial direct effects on 49 Federally-
recognized Tribes because of the potential implications for the Tribe 
or Tribal members, Tribal treaty rights, reserved rights, trust 
resources, or ancestral lands. Therefore, on September 27, 2024, we 
sent invitation letters to consult to these 49 Tribes (Administrative 
Record No. WY-049-08).
    In response to our invitation, we received one request for Tribal 
consultation, one request for an informational meeting, and two written 
comments. Despite the request for Tribal consultation, we did not 
receive a response to our follow-up communication to set up a date and 
time, so the Tribal consultation did not go forward. In response to the 
request for an informational meeting, we met with a representative of 
the Shoshone Paiute Tribe on October 28, 2024. During the meeting, we 
explained Wyoming's proposed amendment to the Tribe in further detail. 
At the end of the meeting, the Shoshone Paiute decided to not pursue 
Tribal consultation.
    We received a written comment from the Northern Cheyenne Tribe on 
October 22, 2024 (Administrative Record No. WY-049-09). The Tribe 
recognized that this proposed amendment would allow for the disposal of 
wind turbines and blades without the need to seek out any new 
undisturbed land; however, the Tribe expressed concern with how Tribal 
governments are included in the determination of potential impacts to 
archaeological resources. The Northern Cheyenne Tribe stated that 
Wyoming does not include Tribes as part of the state SMCRA permit 
review process and that the best outcome would be to include Tribes in 
the reviews and approvals on State-owned lands with the applicable coal 
mine areas for disposition of wind turbine blades and towers.
    We also received a written comment from the Comanche Nation on 
October 25, 2024 (Administrative Record No. WY-049-11). In their 
comment, the Comanche Nation's Historic Preservation Officer stated 
that no prehistoric or historic archaeological materials for the Tribe 
were identified within areas of mineable coal in Wyoming.

Executive Order 13211--Regulations That Significantly Affect the 
Supply, Distribution, or Use of Energy

    Executive Order 13211 requires agencies to prepare a Statement of 
Energy Effects for a rulemaking that is (1) considered significant 
under Executive Order 12866, and (2) likely to have a significant 
adverse effect on the supply, distribution, or use of energy. Because 
this rule is exempt from review under Executive Order 12866 and is not 
a significant energy action under the definition in Executive Order 
13211, a Statement of Energy Effects is not required.

National Environmental Policy Act

    Consistent with sections 501(a) and 702(d) of SMCRA (30 U.S.C. 
1251(a) and 1291 (d) respectively) and the U.S. Department of the 
Interior Departmental Manual, part 516, section 13.5(A), State program 
amendments are not major Federal actions within the meaning of section 
102(2)(C) of the National Environmental Policy Act (42 U.S.C. 
4332(2)(C)).

Paperwork Reduction Act

    This rule does not include requests and requirements of an 
individual, partner, or corporation to obtain information and report it 
to a Federal agency. As this rule does not contain information 
collection requirements, a submission to OMB under the Paperwork 
Reduction Act (44 U.S.C. 3507 et seq.) is not required.

Regulatory Flexibility Act

    Although there is no Federal counterpart for Wyoming's proposed 
amendment, based on OSMRE's collaboration with State regulatory 
authorities and years of experience, OSMRE certifies that this final 
rule will not have a significant economic impact on a substantial 
number of small entities under the Regulatory Flexibility Act (5 U.S.C. 
601 et seq.).

Small Business Regulatory Enforcement Fairness Act

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. This rule: (a) does not 
have an annual effect on the economy of $100 million; (b) will not 
cause a major increase in costs or prices for consumers, individual 
industries, Federal, State, or local government agencies, or geographic 
regions; and (c) does not have significant adverse effects on 
competition, employment, investment, productivity, innovation, or the 
ability of U.S.-based enterprises to compete with foreign-based 
enterprises.

Unfunded Mandates

    This rule does not impose an unfunded mandate on State, local, or 
Tribal governments or the private sector of $100 million per year. 
Although there is no Federal counterpart for Wyoming's proposed 
amendment, OSMRE's determination regarding unfunded mandates is based 
on OSMRE's collaboration with State regulatory authorities and years of 
experience.

List of Subjects in 30 CFR Part 950

    Intergovernmental relations, Surface mining, Underground mining.

David A. Berry,
Regional Director, Unified Regions, 5, 7-11.

    For the reasons set out in the preamble, 30 CFR part 950 is amended 
as set forth below:

PART 950--WYOMING

0
1. The authority citation for part 950 continues to read as follows:

    Authority: 30 U.S.C. 1201 et seq.


0
2. In Sec.  950.15 amend the table by adding a new entry in 
chronological order by ``Date of final publication'' to read as 
follows:


Sec.  950.15  Approval of Wyoming regulatory program amendments.

* * * * *

[[Page 2621]]



------------------------------------------------------------------------
 Original amendment submission    Date of final
             date                  publication      Citation/description
------------------------------------------------------------------------
 
                              * * * * * * *
June 4, 2021..................  January 13, 2025.  State initiative
                                                    outlining rules
                                                    regarding how
                                                    decommissioned wind
                                                    turbine blades and
                                                    towers can be used
                                                    as backfill in open
                                                    surface coal mine
                                                    pits, while updating
                                                    Chapter 2 Permit
                                                    Application
                                                    Requirements for
                                                    Surface Coal Mining
                                                    Operations to
                                                    provide consistency
                                                    with the Wyoming
                                                    Secretary of State's
                                                    Rules on Rules and
                                                    correct grammatical
                                                    errors.
------------------------------------------------------------------------


[FR Doc. 2025-00198 Filed 1-10-25; 8:45 am]
BILLING CODE 4310-05-P