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Two‑Acre Exemption Repealed
Kentucky repealed 405 KAR 26:001, which had allowed certain mining operations on two (2) acres or less.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.'
Your PRIA Score
Personalized for You
How does this regulation affect your finances?
Sign up for a PRIA Policy Scan to see your personalized alignment score for this federal register document and every other regulation we track. We analyze your financial profile against policy provisions to show you exactly what matters to your wallet.
Key Dates
Department and Agencies
Related Federal Register Documents
2025-21443 — Rescission of Fee Rates
The Office of Surface Mining is officially wiping away old coal fee rates that covered 2012 to 2021 because they’re outdated. New fee rates have been in place since October 1, 2021, and this rule makes it official starting January 27, 2026—unless folks speak up by December 29, 2025. This change mainly affects coal producers and keeps the fee system fresh and fair for years to come.
2026-06892 — Wyoming Regulatory Program
Wyoming wants to update its coal mining rules to make it easier to adjust reclamation bond estimates without treating them as bond release requests. This change affects coal companies and regulators by clarifying how bonds are handled, with no new costs expected. You can share your thoughts by May 11, 2026, and there might be a public hearing on May 4 if enough people ask for it.
2026-06197 — Backfilling and Grading
The Office of Surface Mining is officially removing an old rule about how quickly mining sites must be backfilled and graded, a rule that’s been on the books but never really used since 1992. After checking public feedback, they found no big issues and confirmed the rule change will take effect on March 30, 2026. This update affects mining companies by giving them clearer, simpler guidelines without extra deadlines or costs.
2025-21782 — West Virginia Regulatory Program
The Office of Surface Mining gave West Virginia’s coal mining rules a thumbs-up with some tweaks! They approved most changes, gave a cautious nod to a few, and said no to one. These updates kick in January 2, 2026, affecting coal miners and regulators, keeping mining safer and cleaner without extra costs.
2025-21791 — West Virginia Regulatory Program
The Office of Surface Mining has approved some updates to West Virginia’s rules for coal mining permits, focusing on bonding, topsoil care, and land cleanup. These changes affect mining companies renewing permits or managing inactive sites and start on January 2, 2026. The updates aim to keep mining safer and cleaner without adding big costs or delays.
2025-14720 — Montana Regulatory Program
Montana wants to update its mining rules to let companies use smart predictions and monitoring data when asking for bond releases, and to keep some bond money if certain pollution issues pop up. These changes come after a new state law passed in 2025 and could affect mining companies and the environment. The public can comment or ask for a hearing before the updates take effect.
Previous / Next Documents
Previous: 2026-10200 — Fisheries of the Caribbean, Gulf of America, and South Atlantic; Reef Fish Fishery of the Gulf of America; 2026 Recreational Season Announcement and Harvest Closure for Gag
Next: 2026-10253 — Schedules of Controlled Substances: Temporary Placement of 2-Fluorodeschloroketamine in Schedule I
Starting May 22, 2026, the DEA is putting 2-fluorodeschloroketamine (2-FDCK) into Schedule I, meaning it’s now treated like the most dangerous drugs. This affects anyone who makes, sells, or uses it, adding strict rules and serious penalties. The temporary ban lasts two years, giving the government time to decide if it should stay permanent.