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CHAPTER 16 PROPOSED ADOPTION OF RULES FOR AN ALTERNATIVE BONDING SYSTEM FOR COAL MINING OPERATIONS Hearing held on January 7, 1983. Glenn Goss, Hearing Examiner. Statement of Principal Reasons for Adoption signed on May 15, 1983 by John Crow.

CHAPTER 6, SECTION 6 PROPOSED REVISION OF THE BLASTING FOR SURFACE COAL MINING OPERATIONS RULES Hearing held on February 22, 1985. John Davenport, Hearing Examiner.

CHAPTER 12 PROPOSED REVISIONS BY ARCH MINERAL CORP. TO SELF-BONDING PROGRAM. Hearing held on April 11, 1985. John Schiffer, Hearing Examiner. Statement of Principal Reasons for Adoption signed by Harold Bergman on October 25, 1985.

CHAPTERS I, II, & IV., PROPOSED REGULATION CHANGES TO ALLOW ESTABLISHMENT OF BLUFFS AS FINAL MINED LAND RECLAMATION AT COAL MINES IN WYOMING. Hearing held on October 7, 1988. Harold Bergman, Hearing Examiner. Statement of Reasons for overruling the Comments of LeRoy Grams signed on January 25, 1989 by Harold Bergman and 4 other Council members.

CHAPTERS I, II, IV, XI, XII, XIII, XIV, XXI PROPOSED NEW AND AMENDED RULES 1^st round of hearing held on May 22, 1990. 2^nd round of hearing was held on August 14, 1990. John Darrington, Hearing Examiner. Statement of Principle Reasons for Adoption signed on May 1, 1991.

CHAPTERS I, II, IV, V, VI, VII, IX, XII, XIII, XIV, XVI, XVII, XVIII, XX .PROPOSED CHANGES AND AMENDMENTS Fred Carr, Hearing Examiner. Statement of Principle Reasons for Adoption signed on January 25, 1989 by Fred Carr.

CHAPTERS II, IV, APPENDIX A, APPENDIX B  PROPOSED REVISION OF THE LQD RULES RELATED TO RECLAIMED SHRUB DENSITY ON COAL MINES  Hearing held on September 5, 1990. John Schiffer, Hearing Examiner. Statement of Principal Reasons for Adoption to Rules Related to Coal Mining Operations signed on October 22, 1992 by John Schiffer. Statement of Principal Reasons for Adoption/Proposed Revision of Rules Related to Coal Mining Operations signed May 8, 1992 by John Schiffer.

 CHAPTERS 1 (COAL) & CHAPTER 14 (SURFACE COAL) - Hearing held July 8, 1992. H. Bergman, hearing examiner. Statement of Principle Reasons for Adoption was signed by H. Bergman on July 30, 1992.

CHAPTER I AND CHAPTER XIII  PROPOSED REVISION OF LQ RULES RELATED TO THE REGULATION OF SURFACE COAL AND NONCOAL MINING, This rulemaking was approved by the Council on July 8, 1992. However, at the time of that approval previously promulgated rules (approved by the Sec. of State on June 16, 1992) regarding wildlife monitoring on coal mined lands had not been incorporated into the reorganized rules. Subsequently, the public did not have an opportunity to review the reorganized coal rules with the wildlife monitoring rules included. Therefore, the DEQ felt it was necessary to republish this rule package with the wildlife monitoring rules and Appendix B properly incorporated into the reorganized version of the coal only rules. The Statement of Principal Reasons for Adoption was signed by Kim Cannon on October 22, 1992.

CHAPTERS I, II, AND IV; CHANGES TO CHAPTERS II AND XIV (COAL RULES); CHANGES TO APPENDIX B, WILDLIFE MONITORING (COAL RULES) REPEAL OF BLUFF REGULATIONS FROM COAL RULES Hearing held on January 28, 1994. John Darrington, Hearing Examiner. Statement of Principal Reasons for Adoption of the Proposed Revision of LQD Rules Related to the Regulation of Noncoal mining signed on January 28, 1994 by John Darrington.

REORGANIZED NONCOAL RULES CHANGES TO APPENDIX B, WILDLIFE MONITORING - COAL RULES (1C). Hearing held on June 24, 1994. Kim Cannon, Hearing Examiner. Statement of Principal Reasons for Adoption signed on June 24, 1994.

CHAPTER 11 AND 13 COAL) Statement of Principal Reasons for Adoption signed by John Morris on September 21, 1995

CHAPTERS 1, 2, 4, 8, 12, 16 AND APPENDIX A (COAL) - Rule package 1K - Miscellaneous and Technical Issues - hearing held via videoconferencing, December 11, 1997. LQ also tape recorded the hearing. Steve Williams, hearing examiner. Statement of Principal Reasons for Adoption was signed by Steve Williams on March 2, 1998.

CHAPTERS 1,2,3,7,8,9,10 AND 13, NONCOAL RULES,  DOCKET NO. 99-4100: This package of rules is being referred to as "Noncoal Miscellaneous." It has been divided into the following categories: General Housekeeping; Tailings and Heap Leaching; Limited Mining Operations; Fish and Wildlife Habitat; and Bentonite Mining. This rulemaking is the result of a periodic review and update. It will correct improper citations caused by changes to the EQA and topographic errors. The Statement of Principal Reasons was signed Robert Rawlings on May 2, 2000.

CHAPTERS 2, 3, 4, AND APPENDIX A, COAL RULES -  DOCKET NO. 01-4100: The Council held a hearing on April 16, 2001 in Cheyenne, WY relating to groundwater and surface water hydrology, coal mine waste impoundments and alluvial valley floors in accordance with the comparable federal rules. Appendix A is modified, as a state initiative, to update the current list of threatened or endangered plant species listed by the U.S. Fish and Wildlife Service. OSM has previously notified LQD of deficiencies existing in the WY program specific to groundwater and surface water monitoring, probably hydrologic consequences evaluations, coal mine waste impoundments and alluvial valley floor determinations. OSM asked the State to submit proposed amendment to address these deficiencies. A Statement of Principal Reasons for Adoption was signed on April 17, 2001 by Bob Rawlings.

 Chapters 1,2,4,11,12,13, & 15, Coal Rules, "Identification of Interest; Placement of Spoil Outside the Mined-out Area; Self-bonding; Permit Revisions; Incremental Bonds; Incidental Changes to Permits; and Termination of Jurisdiction" - Pkg. 1-0, Docket No. 01-4101: In order to maintain Wyoming’s approved State Program for the environmental regulation of coal mining, as well as maintain Federal funding for Wyoming AML program, the State must keep its laws, regulations, and policies consistent with and as stringent as the Federal laws and regulations. OSM has notified Wyoming that various portions of its regulations are no longer as effective as the Federal regulations. The proposed rule revisions in this package are intended to address those identified deficiencies regarding placement of spoil outside of the mined-out area, clarification of self-bonding requirements, approving permit revisions, incremental bonds, incidental operation changes and termination of jurisdiction. A hearing was held on 12-7-01. The Statement of Principal Reasons for Adoption stated that these rules and regulations are necessary and appropriate to protect the public health, safety, welfare, and environment of the State of Wyoming. It was signed on 2-22-02. 

Chapters 1,2,4,12,18, & Appendix A Coal Rules "Roads, Mine Facilities, Excess Spoil and Threatened and Endangered Plant Species" - Pkg. 1J, Docket No. 02-4100: On 4-4-02, the DEQ submitted a request for rulemaking hearing. This package proposes to modify coal rules regarding road classification, performance and reclamation standards, as well as mine facility performance and reclamation standards in accordance with comparable Federal rules. Rules regarding excess spoil and threatened and endangered plant species are also being proposed for revision by State initiative. The portion of this package dealing with roads and mine facilities was the subject of an October 2, 2000 memo from D. Hemmer asking for a hearing date to be scheduled for these rules. However, on 12-12-00, Mr. Hemmer wrote to the Council asking that the package be withdrawn from consideration. The original portion of this package which was subject of the 10-2-00 memo had been developed prior to the reopening of the contested case hearing for the RAG Shoshone, Shoshone #1Mine. This case has now been decided and the rules now being proposed reflect the decision made by the EQC to maintain the rail spur as part of the Cyprus Shoshone permit area. A hearing was held on 9-20-02 and transcript of the hearing is on file. The Statement of Principal Reasons for Adoption was signed the same date. Governor Jim Geringer vetoed Appendix A, Appendix IV, therefore it was not included in this rulemaking.

CHAPTERS 1, 4, & 10 – PKG. 1R – HIGHWALL RETENTION PROHIBITION & COAL EXPLORATION – DOCKET NO. 03-4100: Hearing was held on 1-16-04 via videoconference system, sites located in Buffalo, Cheyenne, Casper, Laramie, Rock Springs, & Gillette. The hearing was continued. The second hearing was then held on 2-24-04. On 8-6-96 the DEQ was notified by OSM that various portions of DEQ’s regulations are no longer as effective as the Federal regulations. The proposed rule repeal regarding highwall retention is being proposed as an administrative change because this particular section of the rules were carried over when the coal and noncoal rules were divided into separate rules. These regulations are necessary and appropriate to preserve and exercise the primary responsibilities and rights of the state; to retain for the state the control over its air, land, and water resources and secure cooperation between agencies of the state and federal govt. These rules and regulations are necessary and appropriate to protect the public health, safety, welfare, and environment of the state. The Statement of Principal Reasons was signed on 3-17-04.

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