WYOMING REGULATORY PROGRAM

AGENCY 020    DEPARTMENT OF ENVIRONMENTAL QUALITY   
SUB-AGENCY 040   LAND QUALITY
COAL MINING RULES AND REGULATIONS   (2002)

CHAPTER 9   VARIANCES FOR SURFACE COAL MINING OPERATIONS
   Section 1   Content of Requests.
   Section 2   Procedures for Variance.

NOTE: Cross references to OSM's federal statute and regulations appear in double braces to the right of the
Wyoming regulation section numbers, e.g.,
"Section 3     APPLICABILITY.           {{ SMCRA 528; 30 CFR 700.11, 707.11 }}".  
The cross references were compiled using the preambles to OSM's approval of amendments to the Wyoming
regulatory program published in the Federal Register, the Wyoming File in the COALEX Library in LexisNexis and
Side-by-Side Forms provided by the Wyoming Regulatory Authority.

Section 1 CONTENT OF REQUESTS.          {{ 30 CFR 785.13, 785.16, 816.133, 817.133 }}
(a)  All requests for a variance authorizing departures in individual cases from the environmental protection
performance standards generally applicable to surface coal mining and reclamation operations shall describe:
     (i)  The nature of the departure from the standard;
     (ii)  How the variance:
          (A)  Is from a State standard that is more stringent than the corresponding Federal regulation and
does not result in less stringent requirements than provided for by that Federal regulation; or
          (B)  Encourages advances in mining and reclamation technology for experimental or research
purposes.  This experimental practice request shall include a demonstration:
               (I)  That the proposed mining and reclamation operation is limited to determine the
effectiveness and economic feasibility of the experimental practice;
               (II)  That the experimental practice is potentially more or at least as environmentally
protective, during and after the proposed mining and reclamation operations, as those required under Chapter 4, and
that equivalent protection is afforded the public health and safety;
               (III)  That the applicant will conduct special monitoring with respect to the experimental
practice during and after the operations involved so that sufficient and reliable data are collected and reported for
comparison with other practices and to assure protection of the environment and public health and safety; and
               (IV)  The reclamation practices which will be implemented if the proposed operation is a
failure.

Section 2 PROCEDURES FOR VARIANCE. {{ 30 CFR 785.13, 785.16, 816.133, 817.133 }}
(a)  All variances:
     (i)  Any person intending to request a variance under this Chapter may obtain an initial determination from
the Administrator on the advisability of pursuing the variance by submitting information addressing Section
1(a)(ii)(A), (a)(ii)(B) and (a)(ii)(B)(I) of this Chapter.  Within 60 days from receipt of this information, the
Administrator shall make an initial determination and, if favorable, generally specify the information, tests or other
requirements which will be necessary to satisfy Section 1(a)(ii)(B)(II)-(IV).
     (ii)  All variances shall be specifically identified through the newspaper advertisements required by W.S.
Sec. 35-11-406(j) and the written notifications by the Administrator required by Chapter 12, Section 1(a)(ii)(B).
     (iii)  Any variance relating to prime farmlands shall require consultation with the Soil Conservation Service.
     (iv)  The special procedures of this Chapter shall apply to permit applications, renewals, or revisions which
include any variance proposal.

(b)  Experimental practice variances:
     (i)  No experimental practice variance shall be approved without the written approval of the Administrator
and Director of the Department, and the Director of the Office of Surface Mining Reclamation and Enforcement after
a finding that (a)(ii)(B) of Section 1 will be achieved.  The results of the experimental practice variance will be
specifically reviewed by the Division at the annual report period.
     (ii)  In accordance with W. S. Sec. 35-11-411, results of special monitoring shall be submitted and reviewed
by the Administrator to assure that an approved experimental practice variance is being conducted in accordance
with the minimum requirements of the Act and the contents of the request.  If the Administrator determines upon a
review of the data that the experimental practice is a failure, the Administrator will request that the operator
implement alternative reclamation practices.