2025-00198Rule

Wyoming Turns Dead Wind Turbines Into Coal Mine Stuffing

Published Date: 1/13/2025

Rule

Summary

Wyoming’s mining rules just got a cool update! Now, old wind turbine blades and towers can be safely buried in coal mining sites, making cleanup smarter and greener. These changes kick in on February 12, 2025, and affect mining companies and the environment, with no extra costs expected.

Analyzed Economic Effects

6 provisions identified: 1 benefits, 4 costs, 1 mixed.

Wyoming OKs turbine blade burial in mine pits

Wyoming’s approved rule lets mining operators place ‘‘inert decommissioned wind turbine blades and towers’’ as backfill in end walls or final pit voids, subject to conditions. The rule requires placement at least 20 feet above the pre-mining potentiometric surface of the coal aquifer and at least 20 feet below the final regraded spoils surface, excludes nacelles and mechanical/electrical components, and is effective February 12, 2025.

25% revenue share to State for disposal

If an operator collects revenues for disposing of inert turbine blades or towers, the rule requires the operator to pay Wyoming 25 percent of any such revenues to the State on a quarterly basis.

Monitoring, permit, and bonding obligations

Operators who accept turbine blades/towers must include specified groundwater monitoring (including installing wells per Chapter 4, Section 8(b)(iv)(A)), vegetation monitoring, and other permit conditions; monitoring must continue until final bond release and operators must meet existing bonding requirements. Wyoming may require adjustments to bonds if disposal causes unanticipated impacts.

Must meet landfill and federal criteria (RCRA overlap)

Disposal facilities (including SMCRA sites receiving turbine blades/towers) must be permitted and meet Wyoming's Construction and Demolition Landfill Regulations in Chapter 4 and the Federal criteria at 40 CFR part 257, subpart A, as interpreted by EPA; OSMRE conditioned approval on meeting those standards.

Deed disclosure and surface-owner consent required

Where inert turbine blades and towers are disposed on a site, Wyoming requires a disclosure of that disposal be placed on the real property deed for the described lands before final bond release, and the State requires surface-owner consent before disposal; Federal lands require necessary Federal agency approvals.

Agency finds no significant small-entity impact

OSMRE certified under the Regulatory Flexibility Act that this final rule will not have a significant economic impact on a substantial number of small entities, and the rule is not a 'major rule' under the Small Business Regulatory Enforcement Fairness Act.

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Key Dates

Published Date
Rule Effective
1/13/2025
2/12/2025

Department and Agencies

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Independent Agency
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