Kentucky Administrative Regulations Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES
Here’s a detailed overview of Title 405 of the Kentucky Administrative Regulations (KAR), which governs the Energy and Environment Cabinet’s Department for Natural Resources, particularly its role in mining regulations:
🏛️ Title 405 Overview & Structure
According to the official Kentucky Legislative site, Title 405 covers mining and natural resource management under the Energy and Environment Cabinet—specifically the Department for Natural Resources. The current chapters include:
• Chap 2: General Coal Mining Practices
• Chap 5: Surface Effects of Noncoal Mining
• Chap 7: General Provisions
• Chap 8: Permits
• Chap 10: Bond & Insurance Requirements
• Chap 12: Inspection & Enforcement
• Chap 16: Performance Standards for Surface Mining
• Chap 18: Underground Mining Performance Standards
• Chap 20: Special Performance Standards
• Chap 24: Areas Unsuitable for Mining
• Chap 30: Oil Shale Operations (apps.legislature.ky.gov, law.cornell.edu)
Key Chapters & Highlights
Chapter 7 – General Provisions (405 KAR 7:001–7:110)
Defines essential terms (e.g., "acid drainage," "acid‑forming materials").
Specifies general obligations for permittees (e.g., engineering certifications, addressing environmental impacts).
Includes citizen-suit notifications, petitions for rulemaking, enforcement of penalties, and more (regulations.justia.com, regulations.justia.com).
Chapter 8 – Permits (405 KAR 8:001–8:050)
Defines permit-related terms and structures.
8:030 details requirements for surface coal mining permits, including legal, financial, environmental data, and technical sequencing through MSHA approval (govinfo.gov, apps.legislature.ky.gov).
Expanded to address "shadow areas" (surfaces above underground workings), revised definitions, and permit amendments post-2017 statutory updates (govinfo.gov).
Chapter 10 – Bond & Insurance Requirements
Covers bonding rules, insurance obligations, financial assurances for reclamation, and bond release protocols—last updated May 30, 2025 (apps.legislature.ky.gov).
Chapter 12 – Inspection & Enforcement
Outlines inspection schedules, enforcement procedures, penalties, and response requirements; final update was June 24, 2025 (apps.legislature.ky.gov).
Chapter 16 – Surface Mining Performance Standards
Provides standards for water management, impoundments, reclamation, and aesthetic considerations; updated June 24, 2025 (apps.legislature.ky.gov).
Chapter 18 – Underground Mining Performance Standards
Sets standards for coal recovery, slide prevention and remediation, and procedures for temporary/hard closure; latest edit Dec 15, 2021 (apps.legislature.ky.gov).
Chapter 20 – Special Performance Standards
Includes provisions for mining on prime farmland, wildlife habitat protection, and acid-forming material handling; updated March 24, 2025 (regulations.justia.com).
Chapter 24 – Areas Unsuitable for Mining
Lists restrictions on mining in certain terrain types (e.g., steep slopes, floodplains); last revised Dec 15, 2021 .
Chapter 30 – Oil Shale Operations
Defines terms and performance rules specific to oil shale mining (e.g., acid drainage, affected areas). Updated March 6, 2025 (regulations.justia.com).
🔍 Recent Updates & Context
Post-2017 statutory changes (effective June 29, 2017) from HB 234 prompted modifications in KAR—especially around permitting “shadow areas” and underground-mining definitions, with these changes incorporated in early 2018 (govinfo.gov).
Chapter updates through early 2025 reflect continuing regulatory refinement as of late June 2025 .
📚 Summary Table
| Chapter | Title | Focus |
|---|---|---|
| 2 | General Coal Mining Practices | Basic coal mining practices |
| 5 | Noncoal Mining Surface Effects | Soil/surface protection in noncoal mining |
| 7 | General Provisions | Definitions, certifications, enforcement |
| 8 | Permits | Permit applications, revisions, shadow areas |
| 10 | Bonding & Insurance | Reclamation financial assurance |
| 12 | Inspection & Enforcement | Compliance actions |
| 16 | Surface Mining Performance | Water, land, reclamation standards |
| 18 | Underground Mining Standards | Coal recovery, safety, closure |
| 20 | Special Standards | Farmland, habitat, acid drainage |
| 24 | Unsuitable Mining Areas | Protected or restricted terrain |
| 30 | Oil Shale Operations | Specific to oil shale mining |
✅ Next Steps
Interested in a specific chapter or section? I can summarize a regulation like 405 KAR 8:030 in detail or provide full text links.
Or, need guidance on how to petition for changes under Chapter 30's rulemaking procedure? Just let me know!
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