In the July 17, 2003 Federal Register, the Office of Surface Mining disapproved a proposed Kentucky mining program regulation change that would have reduced inspection and examination requirements for impoundments that o not have embankments. KRC argued, and OSM agreed, that embankment failure was not the only mechanism by which an excised impoundment could fail. OSM approved the remainder of the state regulatory changes in sediment pond and impoundment regulations, some of which had been previously clarified by the state to address KRC's concerns