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Natural Resources

This page contains Public Hearing notices for promulgations of administrative regulation amendments.  These notices comply with the notification requirements of KRS 13A and will be removed once an administrative regulation completes the promulgation process.

Public Hearing

There are no upcoming public hearings at this time.

Administrative Regulations

Division of Conservation

416_KAR_1_010.pdf This administrative regulation establishes criteria for participation in the Kentucky Soil Erosion and Water Quality cost-share program and is being amended to increases the maximum amount of cost-share funds that can be received by an applicant from $7,500 to $20,000.  The amendments also updates methods in the administrative regulation that are no longer used by the Division in the management of cost-share funds.

Office of Administrative Hearings

400_KAR_1_110.pdf This administrative regulation is being amended to reinforce the Office of Administrative Hearings' existing practice of generally allowing regulated entities to challenge both fact of violation and penalty in a Penalty Assessment Hearing if the fact of violation has not already been adjudicated.  The amendment also provides the Office of Administrative hearings the authority to send out notice of assessment conference by standard mail rather than certified mail.

Division of Oil and Gas

805 KAR 1:160 – KRS 353.646 requires well operators to display danger signs on oil tank batteries while KRS 353.500 directs the cabinet to promulgate administrative regulations to protect the property, health, and safety of the citizens of the Commonwealth.  These amendments introduces the requirement for oil and gas operators to post identification signs on oil tank batteries in addition to the danger signs.

805_KAR_1_001.pdf This administrative regulations is being created to consolidate most of the definitions for terms used in 805 KAR Chapter 1 into one administrative regulation.
     805_KAR_1_001AAC.pdf The administrative regulation was amended in response to comment to include a definition of “pit”.

805_KAR_1_020.pdf This administrative regulation is being amended to introduce requirements related to coalbed methane drilling and updates material incorporated by reference.
     805 KAR 1:020AAC - The administrative regulation was amended in response to comment to clarify the Division’s office hours are to be interpreted as Eastern Prevailing Time.

805_KAR_1_030.pdf This administrative regulation is being amended to introduce requirements related to coalbed methane drilling related to plat requirements.

805_KAR_1_050.pdf This administrative regulation is amended to provide options that are available to oil and gas operators related to bonding oil and gas wells including coalbed methane wells and updates material incorporated by reference.
     805 KAR 1:050AAC - The administrative regulation was amended in response to comment to clarify that the surety will receive a copy of any notice of noncompliance sent to an operator.

805_KAR_1_060.pdf This administrative regulation is being amended in order to incorporate by reference the Kentucky Abandoned Storage Tank and Orphan Well fund prioritization schedule.
     805 KAR 1:060AAC - The administrative regulation was amended in response to comment to simply changes the term “wells” to “a well” in order to clarify that a notice must include, if more than one well is proposed for plugging, the permit number, location, and fixed time for commencement for each well.

805_KAR_1_080.pdf This administrative regulation administrative incorporates information related to coal bed methane wells drilled through gas storage reservoirs.
     805 KAR 1:080AAC - The administrative regulation was amended in response to comment to simply inserts the statutory citation where the authorizing language can be found related to setting the time and place for a hearing.

805_KAR_1_110.pdf This administrative regulation is being amended to provide information on what happens if a mechanical integrity test (MIT) results in a failure and incorporates updated and new forms.
     805 KAR 1:110AAC - The administrative regulation was amended in response to comment to clarify the Division’s office hours are to be interpreted as Eastern Prevailing Time.

805_KAR_1_120.pdf This administrative regulation is being amended in order to introduce requirements related to coalbed methane wells related to drilling or operating a well deeper than the permitted depth.

805_KAR_1_140.pdf This administrative regulation is being amended to incorporate information related to permitting directional and horizontal wells for the purpose of coalbed methane extraction.  This amendment also updates the form incorporated by reference.
     805 KAR 1:140AAC - The administrative regulation was amended in response to comment to clarify the Division’s office hours are to be interpreted as Eastern Prevailing Time.

805_KAR_1_170.pdf This amendment clarifies coalbed methane wells now fall under the provisions of this administrative regulation and updates material incorporated by reference. 
     805 KAR 1:170AAC - The administrative regulation was amended in response to comment to insert construction, operation, and closure requirements for oil and gas pits.

805_KAR_1_180.pdf This administrative regulation is being amended to incorporate information related to production reporting for coalbed methane wells and update the form incorporated by reference. 
     805 KAR 1:180AAC - The administrative regulation was amended in response to comment to insert a requirement for oil and gas operators to include tank battery locations on their annual production report.

805_KAR_1_190.pdf This administrative regulation is being amended to incorporate information related to gathering lines and updates forms incorporated by reference
     805 KAR 1:190AAC - The administrative regulation was amended in response to comment to insert a requirement to include the location of a tank battery associated with a gathering line on the map required as part of the permit application.

805_KAR_1_200.pdf This administrative regulation is being amended to introduce general permitting, bonding, and fee information and includes information related to testing permits.  This amendment also updates forms incorporated by reference.
     805 KAR 1:200AAC - The administrative regulation was amended in response to comment to clarify the Division’s office hours are to be interpreted as Eastern Prevailing Time.

805_KAR_9_011.pdf This administrative regulation repeals 805 KAR Chapter 9.  This chapter held information related to the coalbed methane program that has now been incorporated by reference in 805 KAR Chapter 1.


Division of Mine Safety

KRS 351.070 provides the Department for Natural Resources the authority to promulgate administrative regulations deemed necessary and suitable for the proper administration of the mine safety program.  This administrative regulation repeals 805 KAR 7:100 (Requirements for Belt Examiner).  805 KAR 7:100 was established to establish the conduct of examinations, to test each applicant's knowledge and understanding of the instruction for belt examination.   The administrative regulation is no longer needed because the training, testing, and examination requirements are the same as those for an assistant mine foreman. 

805_KAR_3_100.pdf This administrative regulation is being amended to correct an issue regarding rollover protection for excavators that were manufactured prior to 2011.

805_KAR_3_110.pdf The amendment to the administrative regulation will require miners to wear 100 square inches of reflective material in underground coal mines and 50 square inches of reflective material on surface mines.  The amendment also requires miners in underground mines to wear a flashing personal safety light while on foot and are on an active working section.

Division of Mine Permits

405_KAR_10_001.pdf This administrative regulation is being amended to define the term “Long term treatment”.

405_KAR_10_015.pdf This administrative regulation is being amended to alter the Cabinet’s approach to address long term treatment costs by changing the multiplier applied when calculating the additional bond for sites with long-term treatment drainage.  The amendment also removes language that allows the permittee to submit a remediation plan in lieu of the additional bond.

405_KAR_10_001_AAC.pdf Amended After Comments – This administrative regulation was amended in response to a comment received during the public comment period.

405_KAR_Chapter 10_SOC.pdf Statement of Consideration of 405 KAR 10:001 and 10:015 – The Statement of Consideration includes the Department’s response to comments received and a summary of actions taken.

Division of Mine Reclamation and Enforcement

KRS 351.330 requires blasters to keep records of each blast conducted by the blaster. This administrative regulation specifies what records are to be kept. This amendment requires blasters that do not have a permit issued pursuant to KRS Chapter 350 or an agreement with the department, to provide notice of its blasting operations to the Department for Natural Resources.

The permanent program administrative regulations for the coal mining program in the Commonwealth are located in 405 KAR Chapters 7-24.  After the repeal of the interim program administrative regulations in 2018 the department noticed references to the interim program administrative regulations in the permanent program administrative regulations.  Therefore, the department filed these administrative regulations in order to correct these issues.

405_KAR_5_002

405_KAR_5_032

405_KAR_7_040 

405_KAR_7_050

405_KAR_8_010 

405_KAR_8_030

405_KAR_10_050

405_KAR_16_100

405_KAR_16_210

405_KAR_18_100

405_KAR_18_220

405_KAR_20_040 

405_KAR_26_011