Kentucky Polishes Its Surface Mining Regulations
Published Date: 5/21/2026
Rule
Summary
Kentucky’s surface mining rules just got a fresh update! The state fixed some old rules, removed temporary ones, and cleaned up wording to keep things clear and smooth. These changes kick in on June 22, 2026, affecting coal mining companies and regulators, but won’t cost anyone extra.
Analyzed Economic Effects
5 provisions identified: 1 benefits, 4 costs, 0 mixed.
Two‑Acre Exemption Repealed
Kentucky repealed 405 KAR 26:001, which had allowed certain mining operations on two (2) acres or less. That repeal is now part of the approved State program and takes effect June 22, 2026.
Existing Structures Must Meet Permanent Standards
Kentucky deleted the prior Section 4 in 405 KAR 7:040 and removed the option to use interim standards; permit applicants must now show existing structures meet the performance standards in 405 KAR Chapters 16–20 or provide a compliance plan and monitoring. This approval is effective June 22, 2026.
Stricter Reporting for Coal Waste Sites
Kentucky revised 405 KAR 7:050, Section 2(2)(b) so that if a coal waste disposal facility's failure could cause damage to life, property, or the environment, KEEC shall require operators to submit additional plans, analysis, investigations, or testing. The change is approved and effective June 22, 2026.
More Inspections and Maintenance for Impoundments
Kentucky amended 405 KAR 16:100 and 18:100 to allow impoundment inspections more often than quarterly when there is evidence of structural weakness or hazardous conditions, and added maintenance duties such as cutting vegetation, cleaning ditches and spillways, and removing combustible material. These revisions are approved and effective June 22, 2026.
Agency Finds No Major Economic Impact
The Department determined under the Regulatory Flexibility Act that this approval 'will not have a significant economic impact on a substantial number of small entities.' The rule was also determined not to be a 'major rule' under the Congressional Review Act and 'does not have an annual effect on the economy of $100 million.'
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Key Dates
Department and Agencies
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