Overview
Title
Wyoming Regulatory Program
Agencies
ELI5 AI
The government has decided that Wyoming can use old wind turbine parts to fill up holes left by coal mining, which helps get rid of these big pieces of junk. But some people are worried because they don't fully understand the new rules and are concerned about how this will affect the land and cultural sites.
Summary AI
The Office of Surface Mining Reclamation and Enforcement (OSMRE) has approved changes to Wyoming's regulatory program under the Surface Mining Control and Reclamation Act of 1977. These changes allow for the disposal of decommissioned wind turbine blades and towers as backfill in surface coal mining operations. The amendment aims to address the disposal challenges posed by the large number of wind turbine components while ensuring compliance with existing environmental standards. The rule will become effective on February 12, 2025, and does not impact air or water quality standards, so no further Environmental Protection Agency concurrence was needed.
Abstract
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.
Keywords AI
Sources
AnalysisAI
The Office of Surface Mining Reclamation and Enforcement (OSMRE) has approved amendments to Wyoming's regulatory program under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). This approval permits the use of decommissioned wind turbine blades and towers as backfill in coal mining operations. The decision, effective February 12, 2025, aims to address the disposal of substantial quantities of wind turbine components by integrating them into reclamation processes. This regulatory change reflects Wyoming's response to legislative directives and technological demands from renewable energy developments.
Document Overview
The document outlines the process by which these amendments were proposed by Wyoming and reviewed by OSMRE. The primary objective is to ensure compliance with both state regulations and federal law, specifically adhering to standards for reclamation and environmental protection. Importantly, the rule was deemed to have no discernible impact on air or water quality standards, alleviating the need for additional Environmental Protection Agency (EPA) concurrence.
Significant Issues and Concerns
One notable issue in the document is the ambiguity surrounding certain regulatory terms, such as "joint or alternative land use." This term and its application could benefit from further clarification to avoid confusion during implementation. Similarly, the interpretation of the "pre-mining potentiometric surface of the coal aquifer" lacks an explicit definition, which could result in varied understandings among stakeholders.
There is also a lack of initial clarity on whether including disposal plans for wind turbine blades in reclamation plans is voluntary or mandatory, leading Wyoming to provide further clarification. The description of reclamation techniques, such as the term "lift," needs refinement to ensure consistent application and prevent inadequate techniques from being employed.
Additionally, concerns have been raised regarding how this rule intersects with historical and cultural resources, with tribes expressing dissatisfaction about their exclusion from the permit review process. This highlights an ongoing need for improved Tribal consultation and inclusion, particularly regarding potential impacts on archaeological sites.
Public and Stakeholder Impact
From a broad perspective, the public and environmental advocates may be interested in how these changes contribute to efficient waste disposal and potentially reduce landfill use. However, the rule also brings to light worries about regulatory oversight. Specifically, there is uncertainty over how compliance with landfill regulations will be monitored and enforced, raising questions about the implementation's effectiveness.
Specific Stakeholder Impact
For the coal mining industry, this amendment provides a regulated avenue to repurpose non-traditional waste materials as part of mining reclamation, potentially reducing disposal costs. Renewable energy companies and environmental stakeholding groups might view this as a progressive step in addressing turbine waste management. Conversely, Tribal governments and members could have reservations, particularly regarding the lack of consultation involving cultural resources and lands.
Moreover, ambiguity surrounding financial assurances—such as performance bonds for reclamation obligations—suggests financial stakeholders may need to reassess the economic implications of reclamation activities involving these unconventional waste materials.
Overall, while the amendment signifies a meaningful advancement in tackling emerging waste disposal challenges, continued vigilance in regulatory enforcement and comprehensive stakeholder engagement will be necessary to fully realize its intended benefits and address lingering concerns.
Financial Assessment
The document under review contains significant information regarding the financial implications of a regulatory amendment for the Wyoming program, specifically related to the disposal of decommissioned wind turbine blades and towers within surface coal mining operations.
The amendment clarifies that the new rule does not have an annual effect on the economy of $100 million. This indicates that the financial impact of the rule is not expected to reach this substantial threshold, which helps mitigate concerns about excessive economic burden on the state or local industry. The rule is also noted not to cause a major increase in costs or prices for consumers, industries, or government agencies. This suggests that although regulating the disposal of wind turbine blades and towers may incur costs, these will not be significant enough to dramatically alter market conditions or governmental budgets.
Additionally, the rule clearly states that it does not impose an unfunded mandate on State, local, or Tribal governments or the private sector of $100 million per year. This specific mention reflects assurances that the regulatory changes should not require additional financial burdens on these entities beyond what is already covered by existing funding or reallocations.
In the context of the issues identified, it seems there is no explicit allocation of financial resources or monitoring systems delineated for overseeing compliance with Wyoming and Federal landfill regulations. This absence might lead to questions about how regulatory bodies will ensure adherence to these standards without specified or increased financial inputs. The reliance on existing frameworks presupposes adequate current resourcing, and without mention of additional appropriations, there could be concerns about enforcement capability.
Moreover, while the document does not mandate changes, it could potentially require recalculating performance bonds to cover the potential costs associated with disposing of turbine blades and towers. Financial assurance mechanisms, such as performance bonds, ensure that there are adequate financial resources to meet reclamation obligations. The document suggests that adjustments to these bonds will be dealt with under existing regulations, which may not explicitly account for this new type of disposal material. This could mean that financial assurances may not fully cover new reclamation obligations unless further clarified or adjusted.
Overall, while the document outlines no substantial economic impacts or unfunded mandates, the clarity and adequacy of financial provisions to ensure effective implementation and oversight of these new regulatory requirements could be an area for further development and assurance to stakeholders.
Issues
• The rule mentions 'joint or alternative land use' and the process for approval but does not provide a clear definition or examples, making it difficult to understand how this will be applied in practice.
• The clarity regarding 'pre-mining potentiometric surface of the coal aquifer' is based on interpretation rather than explicit definition, which might lead to inconsistent application or understanding.
• The distinction of voluntary vs. required inclusion of disposal plans for wind turbine blades and towers in reclamation plans is not clearly made initially, requiring further clarification from Wyoming.
• The description of the term 'lift' and whether it requires compacted dirt or allows loose fill is not explicitly defined, which could lead to misunderstandings or inadequate reclamation practices.
• Potential impacts on historical or cultural resources are not sufficiently addressed, as evidenced by Tribes' concern about exclusion from the SMCRA permit review process, raising potential consultation gaps.
• While referencing compliance with the Wyoming and Federal landfill regulations, the rule does not clearly state how compliance will be monitored or enforced to ensure these standards are met.
• The absence of additional considerations for recalculating performance bonds to account for wind turbine blade disposal introduces uncertainty about financial assurances for potential reclamation obligations.