HB 140 proposed changes to the regulation of two types of mines: (1) 10-acre "exemptions"; and (2) "small mines."

Currently, the Wyoming Environmental Quality Act imposes only minor regulations on surface mining operations for sand, gravel, scoria, limestone, dolomite, shale, ballast, or feldspar mines affecting fewer than 10 acres of land for the life of the mine. These operations are referred to as "10-acre exemptions."

The operator of a 10-acre exemption must have written permission from the owner and lessee (if any) of the surface, and must post a reclamation bond of $1000 per acre of affected land. The administrator of the Wyoming Department of Environmental Quality (WDEQ) may also require an additional bond of $100 per acre if necessary to ensure reclamation.

HB 140 expanded the 10-acre exemption to include "all nonmetallic material except coal." It also eliminated the provision allowing the additional reclamation bonding.

Small mines, defined as mines involving less than 10,000 yards of overburden and ten acres of affected land in any one year, have to comply with a significantly scaled-down version of the regulations for large mines.

By changing the definition of "overburden," HB 140 allowed small mines to become larger ones while avoiding large mine regulations. Current law includes topsoil in the calculation of 10,000 yards of overburden; HB 140 excluded topsoil, thereby allowing small mines to disturb considerably more land without more regulation.

The proposed change in the definition of overburden resulted from a case heard before the Environmental Quality Council, which ruled against an operator who wished to remove more than 10,000 yards of overburden a year and still remain in the small mine category by not counting topsoil as overburden.

Proponents of HB 140 argued that an emerging market for decorative rock necessitated broadening the definition of mines eligible for the 10-acre exemption. They also maintained that bonding was not needed for mining decorative rock.

Opponents countered that expanding

the definition of eligible mines would obviously allow more mines to utilize the 10-acre exemption, and that the reclamation bonds on 10-acre exemptions are often forfeited, forcing the state to assume additional reclamation costs beyond the existing bonds.

Opponents also argued that omitting topsoil from the calculation of overburden for small mines would allow these mines to become larger without appropriate regulatory oversight.

HB 140 failed to receive the 40 votes needed for a non-budget item to be introduced in a budget session, 37-22 (1 excused).