Laws and Regulations

Mining laws and regulations of the federal, state and, sometimes, local governments require permits, licenses, plans, etc. for various aspects of all coal mining operations. Although coal mine supervisors and foremen are not often involved in the engineering, development, or filing of these documents, they are frequently responsible for compliance with the terms and provisions contained in them. Other day-to-day activities such as maintaining entries in the direction of mining according to projections, marking cross-cuts, and accurate posting of the mine map at the end of each production shift are also responsibilities of the foreman. Furthermore, supervisors of workers are responsible for ensuring that those whom they supervise are trained in their duties and that these workers are aware of the safety and health aspects of the jobs they are performing.

Every supervisor or foreman should be knowledgeable about which permits, licenses, plans, etc. pertain to their particular duties and responsibilities. Furthermore, foremen should review the appropriate provisions of these documents with the workers they supervise to better ensure worker safety and health, as well as environmental compliance.

Kentucky Agencies

Kentucky Department for Natural Resources (DNR), #2 Hudson Hollow Frankfort, KY 40601, Phone: 502-564-6940.   Through its divisions and partnerships, provides technical assistance, educational programs and funding to assist the general public, landowners, institutions, industries and communities in conserving and sustaining Kentucky's natural resources.

Division of Mine Reclamation and Enforcement (DMRE), The Division of Mine Reclamation and Enforcement (DMRE) is responsible for inspecting all surface and underground coal mining permits in the state to assure compliance with the 1977 Federal Surface Mining Control Act (SMCRA).

There are 6 DMRE Offices serving Kentucky, as follows:

Division of Mine Permits, 2 Hudson Hollow Road, Frankfort, KY 40601, Phone: 502-564-2320.  This agency evaluates applications, including mining and reclamation plans, and issues permits to ensure that all surface coal mining operations in Kentucky meet the minimum performance standards for environmental and public protection and reclamation as required by the federal Surface Mining Control and Reclamation Act (SMCRA) of 1977.

Division of Abandoned Mine Lands (AML), 2521 Lawrenceburg Road, Frankfort, KY 40601, Phone: 502-564-2141 ext 157.  This agency works throughout the state’s coal fields to protect the public from health and safety problems caused by mining that occurred prior to 1982.

Office of Mine Safety and Licensing, 1025 Capital Center Drive, Frankfort, KY 40601, Phone: 502-573-0140.  To facilitate the mine inspection duties of the Office, the coal fields have been divided into six inspection districts. A mine rescue station which serves as the district office is centrally located in each district. The Kentucky coal field is divided into six districts, with mine rescue stations located at Barbourville, Harlan, Hazard, Madisonville, Martin and Pikeville.

Division of Water, 14 Reilly Road, Frankfort, KY 40601. Phone (502) 564-3410. This agency regulates activities impacting surface and ground water. Of interest to the coal industry are the Water Withdrawal Permit (for pumping more than 10,000 gallons of water per day from a mine), the Kentucky Pollutant Discharge Elimination System (KPDES) Permit needed for preparation plants, the Storm Water Discharge Permit, and the Groundwater Protection Plan.

Division of Waste Management, 14 Reilly Road, Frankfort, KY 40601. Phone (502) 564-6716. This agency requires permits for disposing of solid and hazardous waste.

Division for Air Quality, 803 Schenkel Lane, Frankfort, KY 40601. Phone (502) 573-3382. Web site address is. This agency issues various air pollution permits (in particular for coal preparation plants, crushers, thermal dryers, and load out facilities).

Transportation Cabinet, 200 Mero Street, Frankfort, KY 40622, Phone (502) 564-4890. This agency regulates coal trucking and compiles ton-miles of coal transported by truck.

Department of Revenue, Property Tax, 200 Fair Oaks Lane Frankfort KY 40602, Phone (502) 564-8338. This agency processes the ad valorem property tax returns for unmined coal.

Department of Revenue, Business, 200 Fair Oaks Lane, Frankfort, KY 40620, Phone (502) 564-5170. This agency is responsible for severance tax, corporate income and license tax, the sales and use tax, the motor fuel tax, and other taxes unique to the coal industry.

Office of Workers Claims, 657 Chamberlin Avenue Frankfort, KY 40601, Phone: (502) 564-5550 ext 4423.  Every coal company is required to have workers' compensation insurance coverage at all times.  This agency oversees Kentucky's workers' compensation system in general.

Federal Agencies

Mine Safety and Health Administration (MSHA), 1100 Wilson Boulevard, 21st Floor, Arlington, VA 22209-3939, Phone (202) 693-9400.  MSHA is responsible for the issuance of a federal mining identification number and all federally required plans, approvals, certifications, and licenses relating to mine safety.

There are 3 MSHA Districts Offices serving Kentucky, as follows:

• District 6 - Coal Mine Safety and Health (Eastern Kentucky), 100 Fae Ramsey Lane Pikeville, Kentucky 41501, Phone (606) 432-0943.

• District 7 - Coal Mine Safety and Health (Central Kentucky, North Carolina, South Carolina, and Tennessee), Barbourville District, District Manager's Office, 3837 S. U.S. Hwy. 25E Barbourville, KY 40906, Phone (606) 546-5123.

• District 10 - Coal Mine Safety and Health (Western Kentucky), Madisonville District Office, 100 YMCA Drive Madisonville, KY 42431, Phone (270) 821-4180.

Office of Surface Mining Reclamation and Enforcement (OSM), 1951 Constitution Avenue N.W., Washington, D.C. 20240. Phone (202) 208-2719.  The Lexington Field Office address is 2675 Regency Road, Lexington, KY 40503. Phone (859) 260-8402. OSM generally oversees the Kentucky DSMRE in its regulation of surface coal mining operations.

Environmental Protection Agency (EPA) – Region IV, Sam Nunn Atlanta Federal Center, 61 Forsyth Street, S.W., Atlanta, GA 30303-8960, Phone (404) 562-9900.  EPA generally regulates the environmental issues of air, water, and waste. For coal mining, EPA will regulate underground injection of fluids and toxic chemicals associated with coal mining.

Army Corp of Engineers, This agency regulates activities (discharges, dredging or fills) impacting streams or wetlands.

There are 4 Corp of Engineers Districts serving Kentucky, as follows:

• Upper Ohio River and Big Sandy River Basin - Huntington District, CELRH, Huntington 502 eighth street Huntington, WV 25701, Phone (304) 399-5353.

• Lower Ohio River and Licking, Kentucky, Salt and Green River Basins - Louisville District, 600 Dr Martin Luther King Place, Louisville, KY 40202, Phone (502) 315-6100.

• Tennessee, Lower and Upper Cumberland River Basin - Nashville District, CELRN-PA P.O. Box 1070 Nashville, TN 37202-1070, Phone (615) 736-7161.

• Mississippi River Basin - Memphis District, 167 North Main Street Memphis, TN  38002,  Phone (901) 544-3005.

Internal Revenue Service, Internal Revenue Service Center, Cincinnati, OH 45999-0009.  This agency collects (Form 720 – Quarterly Federal Excise Tax Return), the tax is imposed at two rates, depending on whether the coal is from underground (deep) or surface mines.  The tax on deep mined coal is the lower of $1.10 a ton or 4.4 percent of the sales price. The tax on surface mined coal is the lower of $.55 a ton or 4.4 percent of the sales price.  Therefore, coal will be taxed at the 4.4 percent rate if the selling price is less than $25/ton for deep coal or less than $12.50/ton for surface coal.

Information and Services

The following section contains a listing of state and federal agencies that compile various data and information typically used by the mining industry.

Kentucky State Agencies

Kentucky Heritage Council, 300 Washington Street, Frankfort, Kentucky 40601, Phone (502) 564-7005, Fax (502) 564-5820

Department of Fish and Wildlife Resources, 1 Sportsman's Lane Frankfort, KY  40601,  Phone 800-858-1549.  Assists the DSMRE in developing post-mining land use reclamation plan for fish and wildlife.

Kentucky State Nature Preserves Commission, 801 Schenkel Lane, Frankfort, KY 40601, Phone (502) 573-2886.  Environmental database on plants and animals in Kentucky.

Kentucky Geological Survey, 228 Mining and Mineral Resources Building University of Kentucky Lexington, Kentucky 40506-0107, Phone (859) 257-5500.  Extensive mineral and water resources database and coal quality lab analysis.

Governor's Office of Energy Policy, 500 Mero Street 12th Floor, Capital Plaza Tower Frankfort, KY 40601, Phone: (502) 564-7192.  The Office of Energy Policy’s mission is to oversee the implementation of Kentucky’s comprehensive energy strategy (Kentucky's Energy:  Opportunities for our Future), as developed by the Governor’s Energy Policy Task Force.

Kentucky Secretary of State, The Capitol Building 700 Capital Avenue Suite 152 Frankfort, KY 40601, Phone (502) 564-3490.  Corporate filings and corporate records are maintained at this site.

General information on Kentucky state government

Alphabetical List of Kentucky State Government Information

Federal Agencies

U.S. Department of Energy, 1000 Independence Ave., SW, Washington, DC 20585,  Phone (202) 586-4403.  Database of coal statistics.

NIOSH, Hubert H. Humphrey Bldg. 200 Independence Ave., SW Room 715H Washington, DC 20201, Phone 1-800-356-4674.  Mine safety research data and studies.

U. S. Fish and Wildlife Service, 3761 Georgetown Rd. Frankfort, KY  40601, Phone: 502-695-0468 .  This agency provides ecological services for Kentucky on threatened and endangered plant and animal species and is a data base source of biological information.

The above listing of state and federal agencies is provided for informational purposes only and may not be inclusive of all agencies regulating coal mining in the Commonwealth of Kentucky.  The phone numbers and addresses are current as of June 2007.