The Administrative Regulation Review Subcommittee met on Tuesday, April 10, 2007, at 10:00 AM, in Room 149 of the Capitol Annex. Senator Dick Roeding, Chair, called the meeting to order, and the secretary called the roll.
Present were:
Members: Senator Dick Roeding, Co-Chair; Representative Robert R. Damron, Co-Chair; Senators Alice Forgy Kerr, Joey Pendleton, and Gary Tapp; Representatives Danny Ford, Jimmie Lee, and Ron Weston.
Guests: Jill LeMaster, Executive Branch Ethics Commission; Alicia Sneed, Education Professional Standards Board; Betsy Johnson and Thomas Stephens, Personnel Cabinet; Shellee Hein, Eddie Mattingly, Angela Robinson and Deveria Pupplewell, Finance and Administration Cabinet; Vaughn Murphy, Environmental and Public Protection Cabinet; Karen Howard, Major Glynn Powers, Amy Barker and James Van Nort, Justice and Public Safety Cabinet; Dana Fugazzi and Kathy Woods, Transportation Cabinet; David Stumbo, Kentucky Department of Labor; John Forgy, Marc Guilfoil, Ken Jackson, Dr. Andrew Roberts and Lisa Underwood, Kentucky Horse Racing Authority; Steve Davis, Carrie Banahan and Glenn Jennings, Cabinet for Health and Family Services; William Evans, Mary Hass and Alma Owens, Brain Injury Association; Anne Marie Regan, Office of Kentucky Legal Services Program; Heidi Schissler, Protection and Advocacy; Arthur Campbell Jr., Patty Dempsey, Charla Dewitt, Pat Evans, Debbie Gilbert, Judy Harrison, Gail Lowe, Matt Lowe, Brian Newsome, Michael Newsome, Brian Shofner and Marsha Van Hook.
LRC Staff: Dave Nicholas, Emily Caudill, Kara Daniel, Emily Harkenrider, Donna Little, Mark Matics, Jennifer Beeler and Ellen Steinberg.
The Administrative Regulation Review Subcommittee met on Tuesday, April 10, 2007 and submits this report:
Other Business:
Subcommittee staff stated that pursuant to KRS 13A.020(1), the respective appointing authorities had reappointed all members of the subcommittee to serve another two (2) years. The subcommittee's first order of business was the election of co-chairs.
Representative Lee made a motion, seconded by Representative Weston, to nominate Representative Damron as the House subcommittee co-chair. A motion was made that nominations cease and that Representative Damron be elected by acclamation. By acclamation, it was ordered that Representative Damron would be the House subcommittee co-chair.
Senator Pendleton made a motion, seconded by Senator Tapp, to nominate Senator Roeding as the Senate subcommittee co-chair. A motion was made that nominations cease and that Senator Roeding be elected by acclamation. By acclamation, it was ordered that Senator Roeding would be the Senate subcommittee co-chair.
Senator Roeding assumed the chair.
Administrative Regulations Reviewed by the Subcommittee:
GENERAL GOVERNMENT: Executive Branch Ethics Commission: Commission
9 KAR 1:040. Registration and expenditure statements; financial transactions and termination forms; handbook; and enforcement. Jill LeMaster, executive director, represented the commission.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation; (2) to amend Section 3 to correct a statutory citation; (3) to amend Section 4 to correctly state the title of a form incorporated by reference; and (4) to amend the materials incorporated by reference to correct typographical errors. Without objection, and with agreement of the agency, the amendments were approved.
EDUCATION PROFESSIONAL STANDARDS BOARD: Assessment
16 KAR 6:010. Written examination prerequisites for teacher certification. Alicia Sneed, director, represented the board.
In response to questions by Senator Tapp, Ms. Sneed stated that the required test scores were changed to correct typographical errors and ensure that a diverse population could enter the teaching profession. She stated that in addition to meeting the minimum test scores, new teachers must also successfully complete the teacher education preparation program and an internship program.
A motion was made and seconded to approve the following amendments: (1) to amend Section 2 to re-insert the specialty test and passing score for school psychologists; and (2) to amend Sections 2 and 3 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
PERSONNEL CABINET: Classified
101 KAR 2:210 & E. Summary Plan Descriptions for the Public Employee Health Insurance Program. Thomas Stevens, executive director, and Betsy Johnson, deputy director, represented the cabinet.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to correct statutory citations; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; and (3) to amend Section 1 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
FINANCE AND ADMINISTRATION CABINET: Office of the Secretary: General Administration
103 KAR 1:051E. Repeal of 103 KAR 1:050. Eddie Mattingly, legislative liaison, and Angela Robinson, attorney, represented the cabinet.
In response to questions by Senator Tapp and Co-Chair Roeding, Mr. Mattingly stated that the changes would not negatively impact tax preparers and would separate the forms that had been incorporated by reference in a single administrative regulation into five administrative regulations. He stated that the change would allow the cabinet to update the forms more timely and efficiently.
Department of Revenue: Forms
103 KAR 3:010 & E. General Administrative Forms Manual.
A motion was made and seconded to approve the following amendments: to amend Sections 1 and 2 to: (1) comply with the drafting and format requirements of KRS Chapter 13A; and (2) correct the names of forms incorporated by reference to match the names on the forms. Without objection, and with agreement of the agency, the amendments were approved.
103 KAR 3:020 & E. Sales and Telecommunications Forms Manual.
A motion was made and seconded to approve the following amendments: to amend Sections 1, 2, and 3 to: (1) comply with the drafting and format requirements of KRS Chapter 13A; and (2) correct the names and edition dates of forms incorporated by reference to match the names and dates on the forms. Without objection, and with agreement of the agency, the amendments were approved.
103 KAR 3:030 & E. Property and Severance Forms Manual.
A motion was made and seconded to approve the following amendments: to amend Sections 1, 2, and 3 to: (1) comply with the drafting and format requirements of KRS Chapter 13A; and (2) correct the names and edition dates of forms incorporated by reference to match the names and dates on the forms. Without objection, and with agreement of the agency, the amendments were approved.
103 KAR 3:040 & E. Income Tax Forms Manual.
A motion was made and seconded to approve the following amendments: to amend Sections 1, 2, and 3 to: (1) comply with the drafting and format requirements of KRS Chapter 13A; and (2) correct the names and edition dates of forms incorporated by reference to match the names and dates on the forms. Without objection, and with agreement of the agency, the amendments were approved.
103 KAR 3:050 & E. Miscellaneous Taxes Forms Manual.
A motion was made and seconded to approve the following amendments: to amend Sections 1 to 11, 13, and 15 to: (1) comply with the drafting and format requirements of KRS Chapter 13A; (2) correct the names and edition dates of forms incorporated by reference to match the names and dates on the forms; and (3) add missing forms to the list of tax forms incorporated by reference. Without objection, and with agreement of the agency, the amendments were approved.
ENVIRONMENTAL AND PUBLIC PROTECTION CABINET: Department for Environmental Protection: Office of Administrative Hearings: Environmental Protection
401 KAR 100:010. General administrative hearing practice provisions. Vaughn Murphy, executive director, represented the department.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to correct a citation; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation; and (3) to amend Sections 3, 5, 7, 9, 13, 15, and 17 to comply with the formatting and drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
JUSTICE AND PUBLIC SAFETY CABINET: Kentucky Vehicle Enforcement: Enforcement
500 KAR 14:010. Motor carrier safety requirements. Karen Howard, counsel, and Maj. Glynn Powers represented the cabinet.
A motion was made and seconded to approve the following amendment: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation. Without objection, and with agreement of the agency, the amendment was approved.
500 KAR 14:020. Administrative penalties and appeals process for motor carrier safety violations.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation; and (2) to amend Section 1 to correct a statutory citation. Without objection, and with agreement of the agency, the amendments were approved.
Department of Corrections: Office of the Secretary
501 KAR 6:190. Approval process for mental health professionals performing comprehensive sex offender presentence evaluations and treatment of sex offenders. Amy Barker, assistant general counsel; and James Van Nort, chair, Sex Offenders Risk Assessment Advisory Board, represented the department.
In response to questions by Co-Chair Damron, Mr. Van Nort stated that the board had received a complaint about an approved provider who used his credentials to evaluate an individual who had not been charged with a sex crime. He stated that the misuse of the credentials could potentially prejudice a judge’s decision-making.
A motion was made and seconded to approve the following amendments: to amend Sections 3, 5, and 7 to comply with the formatting and drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
ENVIRONMENTAL AND PUBLIC PROTECTION CABINET: Department of Public Protection: Department of Labor: Occupational Safety and Health
803 KAR 2:306. Occupational health and environmental controls. David Stumbo, health standards specialist, represented the department.
In response to a question by Representative Weston, Mr. Stumbo stated that none of these administrative regulations contained stricter safety requirements than the federal regulations, and the changes to these administrative regulations would not weaken the protections that are in place.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to correct a statutory citation; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation; (3) to amend Section 2 to comply with the formatting and drafting requirements of KRS Chapter 13A; and (4) to amend Section 3 to delete text no longer needed. Without objection, and with agreement of the agency, the amendments were approved.
803 KAR 2:308 & E. Personal protective equipment.
803 KAR 2:319. Commercial diving operations.
In response to questions by Senator Kerr, Mr. Stumbo stated that this administrative regulation was updated to refer to the most recent federal regulation. He stated that commercial diving referred to any underwater work such as to construct bridges or dams.
A motion was made and seconded to approve the following amendment: to amend the RELATES TO paragraph to correct a statutory citation. Without objection, and with agreement of the agency, the amendment was approved.
803 KAR 2:320 & E. Toxic and hazardous substances.
803 KAR 2:403 & E. Occupational health and environmental controls.
803 KAR 2:418. Underground construction, caissons, cofferdams, and compressed air.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to correct statutory citations; and (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation. Without objection, and with agreement of the agency, the amendments were approved.
803 KAR 2:424. Commercial diving operations.
A motion was made and seconded to approve the following amendments: (1) to amend the TITLE of the administrative regulation to clearly describe the subject matter; (2) to amend the RELATES TO paragraph to correct a statutory citation; and (3) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation. Without objection, and with agreement of the agency, the amendments were approved.
803 KAR 2:425 & E. Toxic and hazardous substances.
803 KAR 2:500 & E. Maritime employment.
Kentucky Horse Racing Authority: Thoroughbred Racing
810 KAR 1:080. International wagering hubs. John Forgy, general counsel; Marc Guilfoil, director of standardbred racing; Ken Jackson, member of the authority; Dr. Andrew Roberts, veterinarian; and Lisa Underwood, executive director, represented the authority.
In response to questions by Representative Damron, Ms. Underwood stated that the statute limited the total possible hubs to four and the total possible fees per hub were capped at $350,000. She stated that seventy-five (75) percent of the fees would be retained by the authority and twenty-five (25) percent would go to the general fund. She stated she did not know if any hubs would be established and what their revenue would be. She stated she thought the authority’s portion of the fees would go into its operating budget.
Subcommittee staff stated that the authority would have to go through the appropriations and revenue committee or wait until the next session of the General Assembly to obtain authorization before spending the money.
A motion was made and seconded to approve the following amendments: (1) to amend Section 2(2) to refer to the correct form to be submitted for hub applications; (2) to amend Section 2(4) to clarify that terms of agreements entered into under KRS 230.779(5) shall be included in the plan of operations, and set forth the information that shall be included in those agreement terms; (3) to amend Section 2(5) to clarify the term "undertaking"; (4) to amend Section 3(1) to include the potential effect on revenue to the Commonwealth as a factor for application approval; (5) to amend Section 4 to set forth fees required or allowed by statute and to allow the Authority to retain seventy-five (75) percent of those fees, including: (a) an application fee of $200 per day the hub plans to operate; and (b) a supplemental fee to be calculated by one of three methods chosen by the hub operator; (6) to amend Section 5(1) to include factors considered when setting a surety bond amount, and clarify that the bond shall be no more than the financial obligations due in a monthly period; (7) to amend Section 5(2) to clarify that a dispute case shall not be heard by the stewards before assignment to the hearing officer; (8) to amend Section 6(3) to clarify that disputes are adjudicated in accordance with KRS Chapter 13B; and (9) to amend Sections 2 through 6, 9, 10, and 12 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Harness Racing
811 KAR 1:035. Claiming races.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation; and (2) to amend Sections 2 to 10 to comply with the formatting and drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
811 KAR 1:075. Racing and track rules.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation; (2) to amend Section 5 to require the judges to substitute a driver if they have reason to doubt the competence or reliability of the original driver; and (3) to amend Sections 1, 2, 4 through 7, 9 through 12, 14, 18, 20, 21, 22, and 23 to comply with the formatting and drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
811 KAR 1:085. Conduct of racing.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 2, 9, 12, and 13 to comply with the drafting and formatting requirements of KRS Chapter 13A; and (2) to amend Section 8 to delete the provision prohibiting possession of a firearm. Without objection, and with agreement of the agency, the amendments were approved.
811 KAR 1:090. Medication; testing procedures; prohibited practices.
A motion was made and seconded to approve the following amendments: (1) to amend Section 6 to prescribe how the cost of administering furosemide will be determined; (2) to amend Section 7 to clarify that the form requesting termination of furosemide must be submitted to the authority veterinarian; (3) to amend Section 8 to add ketoprofen as an authorized non-steroidal anti-inflammatory drug; (4) to amend Section 12 to use the correct title of the material incorporated by reference; (5) to amend Section 20 to extend from 72 to 120 hours, the maximum length of guarded quarantine time available and to allow the administration of furosemide while in quarantine; and (6) to amend Sections 1 through 4, 6, 8, 11, 13, 14, 16, 17, 19, 21, and 22 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
811 KAR 1:095. Disciplinary Measures and Penalties.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to correct a typographical error; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation; (3) to amend Section 2 to provide that evidence of compliance with the withdrawal guidelines shall be considered as a mitigating factor in determining violations and penalties; (4) to amend Sections 5 and 6 to clarify that a purse is to be forfeited if the winning horse had been administered prohibited drugs and to establish definite penalty ranges for drug violations; (5) to amend Section 7 to correct a citation; (6) to amend Section 9 to state the circumstances under which a judge may disqualify a horse from a race; (7) to amend Section 9 to state the circumstances under which the authority may eject a person from association grounds; and (8) to amend Sections 1, 2, 3, 4, 7, 8, 9, 11, and 12 to comply with the formatting and drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
CABINET FOR HEALTH AND FAMILY SERVICES: Department for Public Health:
Office of the Inspector General
906 KAR 1:150. Uniform evaluation and reevaluation of a health care professional. Steve Davis, acting inspector general, represented the department.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to correct statutory citations; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for, and function served by, this administrative regulation, as required by KRS 13A.220; and (3) to amend Sections 1 and 2 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Department for Medicaid Services: Medicaid Services
907 KAR 1:160 & E. Home and community based waiver services. Glenn Jennings, commissioner; and Carrie Banahan, deputy commissioner, represented the department. Heidi Schissler, legal director, Protection and Advocacy; William Evans, Mary Hass, and Alma Owens, Brain Injury Association; and Anne Marie Regan, attorney, Office of Kentucky Legal Services Program, appeared in opposition to provisions of this administrative regulation. Brian Shofner; Arthur Campbell, Jr.; Judy Harrison; Brian Newsome; and Marsha Van Hook, individuals who may benefit from the consumer-directed option (CDO) program, appeared in opposition to provisions of this administrative regulation.
Ms. Schissler stated that her agency opposed two provisions of this administrative regulation. The first provision limited reimbursement for CDO services to no more than the amount the department allowed for reimbursement for the same or similar service. Ms. Schissler stated that it could be difficult to find someone willing to accept the rate the department would pay and that the consumer should have the choice to pay more so long as he or she stayed within the overall budget. The second provision based an individual’s CDO budget on his or her historical usage. She stated that an individual’s past usage may not fairly show the individual’s true need if the services were limited or unavailable in the past.
Mr. Shofner stated he was 36 years old and had received home and community-based waiver services for 17 years. He stated that he recently moved out of his parents’ home and into his own apartment and that he needs more personal and attendant care assistance. He requested more services through the CDO program but was denied. His aging parents could not continue to care for him so, without CDO, his only option would be a nursing home. Providing services to help him live in the community would be less costly than paying the cost of a nursing home.
Mr. Campbell stated he had lived in his own apartment for 24 years and had a home health aide for one hour per day. He needed 22 to 28 hours per week. Medicare payments would not pay for what he needs. He stated that if a cap was placed on services, some people wouldn’t receive enough help and would have to be institutionalized.
Ms. Harrison stated that the CDO program had improved life for her and her disabled son. Before the program, there were never enough nurses to provide services and they would not allow her, a nurse, to provide services and hire someone to assist her at less cost. With the program, there is less cost to the state and better care for her son. If the program were capped based on historical usage, they would receive nothing because they had no historical usage.
Mr. Newsome stated he had applied for the consumer-directed option but had not received it. He stated that he was told that no new applications were being accepted and there was a monetary cap. He stated that if he did not receive money from the program, he would have to be institutionalized which was a violation of the Americans with Disabilities Act.
Ms. Van Hook stated that both she and her father have disabilities and her needs change from day to day which makes it difficult to let an agency know what she will need the following week.
Ms. Regan stated she supported the program but has concerns with some of its provisions. She stated that the way budgets were set up under the program was inconsistent with the spirit of the law. Services should be covered based on an individual’s current functional needs and plan of care, not based on historical use or the plan of care from the previous year. The maximum amount allowed should be increased to equal the cost of nursing home care. There should be more flexibility in the budget and more allowance for what individuals need to stay in their homes.
Ms. Haas stated that the Brain Injury Association’s main concern was the basing of budgets on historical usage. She stated that budgets should be based on current needs.
Ms. Owens stated that her son needed individual care and that a Supports for Community Living waiver had helped her provide that care and keep him out of an institution.
Mr. Evans stated that his daughter, Holly, required 24-hour care and she received better care at home than she would in an institution. He stated his family would benefit from using the CDO program but that basing it on historical usage would prevent her from receiving any services. He stated they would like to hire Holly’s elder sister to provide care for her.
Mr. Michael Newsome stated he had difficulty obtaining the appropriate level of care prior to receiving the CDO program funding. He did not qualify for the Supports for Community Living services because he had no mental disability and he was placed in a nursing home. The new funding gave him a new beginning and should not be cut.
In response to the comments, Mr. Jennings stated that the department did a poor job when it first began implementing the program but that the department had listened to critics, made improvements, and was working to communicate the program’s policies to the brokers and personnel in each of the area development districts. He stated that, pursuant to changes made in the program policies, a family member could be paid to provide care and that budgets could be increased to reflect the fact that services were not previously accessed because they weren’t available. He stated that an exception process has been created to individually approve budgets that require additional consideration. He stated this was the beginning of the CDO program and he hoped to move the program forward.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraph to correct statutory citations; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for, and function served by, this administrative regulation, as required by KRS 13A.220; (3) to amend Sections 1 to 3 and 5 to 8 to comply with the drafting and format requirements of KRS Chapter 13A; (4) to amend Section 1 to add definitions for blended services, covered services and supports, patient liability, and plan of care; (5) to amend Section 5 to clearly establish the requirements for prior authorization and for the plan of treatment; (6) to amend Section 6 to create a new section establishing requirements for the consumer directed options, including adding language to provide that: (a) if no historical cost exists for the consumer, the consumer’s budget shall equal the average per capita historical costs of HCB recipients minus five (5) percent; and (b) a support broker may conduct an assessment or reassessment for a CDO participant; and (7) to amend Section 8 to update the material incorporated by reference. Without objection, and with agreement of the agency, the amendments were approved.
Payment and Services
907 KAR 3:183 & E. Instate inpatient hospital special reimbursement. Glenn Jennings, commissioner, and Carried Banahan, deputy commissioner, represented the department.
A motion was made and seconded to approve the following amendments: to amend Sections 1, 2, and 3 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
The following administrative regulations were deferred to the next meeting of the Subcommittee:
GOVERNOR’S OFFICE: Kentucky Department of Veterans Affairs: Tuition Waiver Program
17 KAR 1:020. Eligibility for tuition waiver programs related to veterans.
GENERAL GOVERNMENT: Department of Military Affairs: Kentucky Community Crisis Response Board
106 KAR 5:005. Definitions for 106 KAR Chapter 5.
106 KAR 5:010. Application and renewal requirements for Response Team membership.
106 KAR 5:020. KCCRT educational and training requirements.
106 KAR 5:030. KCCRT member disciplinary actions.
106 KAR 5:040. Initiation of a crisis or disaster response.
COMMERCE CABINET: Department of Fish and Wildlife Resources: Game
301 KAR 2:122. Hunting seasons, methods, and limits for small game.
ENVIRONMENTAL AND PUBLIC PROTECTION CABINET: Department for Environmental Protection: Division of Water: Public Water Supply
401 KAR 8:040. Laboratory certification.
401 KAR 8:070. Public notification.
401 KAR 8:075. Consumer confidence reports.
401 KAR 8:150. Disinfection, filtration, and recycling.
401 KAR 8:160. Enhanced filtration and disinfection for large systems serving at least 10,000 people.
401 KAR 8:162. Enhanced filtration and disinfection for small systems serving less than 10,000 people.
401 KAR 8:250. Inorganic chemical sampling, analytical techniques and maximum contaminant levels.
401 KAR 8:501. Repeal of 401 KAR 8:500.
401 KAR 8:510. Disinfectant residuals, disinfection byproducts, and disinfection byproduct precursors.
401 KAR 8:550. Radionuclides.
Department for Environmental Protection: Division of Waste Management: General Administrative Procedures
401 KAR 30:005. Definitions related to 401 KAR Chapter 30.
401 KAR 30:020. General provisions.
401 KAR 30:035. Rulemaking petitions.
401 KAR 30:040. Transfer of regulatory responsibility.
401 KAR 30:071. Repeal of 401 KAR 30:010, and 30:070.
Identification and Listing of Hazardous Waste
401 KAR 31:005. Definitions related to 401 KAR Chapter 31.
401 KAR 31:010. General provisions for hazardous wastes.
401 KAR 31:020. Criteria for identifying the characteristics of hazardous waste and criteria for listing.
401 KAR 31:030. Characteristics of hazardous waste.
401 KAR 31:040. Lists of hazardous wastes.
401 KAR 31:050. General provisions for special wastes.
401 KAR 31:070. Delisted hazardous waste streams.
401 KAR 31:100. Representative sampling methods.
401 KAR 31:110. Method 1311 toxicity characteristic leaching procedure.
401 KAR 31:121. Repeal of 401 KAR 31:060, 31:120, and 31:190.
401 KAR 31:160. Appendix on basis for listing hazardous waste.
401 KAR 31:170. Appendix on hazardous waste constituents.
Standards Applicable to Generators of Hazardous Waste
401 KAR 32:005. Definitions related to 401 KAR Chapter 32.
401 KAR 32:010. General provisions for generators.
401 KAR 32:020. Manifest system.
401 KAR 32:030. Pretransport requirements.
401 KAR 32:040. Recordkeeping and reporting.
401 KAR 32:050. Special conditions.
401 KAR 32:060. Farmers.
401 KAR 32:065. Transfrontier shipments of hazardous waste for recovery within the OECD.
401 KAR 32:100. Appendix on hazardous waste manifest and instructions.
Standards Applicable to Transporters of Hazardous Waste
401 KAR 33:005. Definitions related to 401 KAR Chapter 33.
401 KAR 33:010. General provisions for transporters.
401 KAR 33:020. Compliance with the manifest system and recordkeeping.
401 KAR 33:030. Hazardous waste discharges during transportation.
Standards for Owners and Operators of Hazardous Waste Storage, Treatment and Disposal Facilities
401 KAR 34:005. Definitions related to 401 KAR Chapter 34.
401 KAR 34:010. General provisions for facilities.
401 KAR 34:020. General facility standards.
401 KAR 34:030. Preparedness and prevention.
401 KAR 34:040. Contingency plan and emergency procedures.
401 KAR 34:050. Manifest system, recordkeeping and reporting.
401 KAR 34:060. Releases from solid waste management units.
401 KAR 34:070. Closure and postclosure.
401 KAR 34:180. Use and management of containers.
401 KAR 34:190. Tank systems.
401 KAR 34:200. Surface impoundments.
401 KAR 34:210. Waste piles.
401 KAR 34:220. Land treatment.
401 KAR 34:230. Landfills.
401 KAR 34:240. Incinerators.
401 KAR 34:245. Containment buildings.
401 KAR 34:250. Miscellaneous units.
401 KAR 34:275. Air emission standards for process vents.
401 KAR 34:280. Air emission standards for equipment leaks.
401 KAR 34:281. Air emission standards for tanks, surface impoundments, and containers.
401 KAR 34:285. Drip pads.
401 KAR 34:287. Special provisions for cleanup.
401 KAR 34:290. Recordkeeping instructions.
401 KAR 34:320. Cochran's approximation to the Behrens-Fisher Students' T-Test.
401 KAR 34:330. Examples of potentially incompatible waste.
401 KAR 34:360. List of hazardous constituents for groundwater monitoring.
401 KAR 34:370. Hazardous waste munitions and explosives storage.
Interim Status Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities
401 KAR 35:005. Definitions related to 401 KAR Chapter 35.
401 KAR 35:010. General provisions for facilities (Interim Status).
401 KAR 35:020. General facilities standards (Interim Status).
401 KAR 35:030. Preparedness and prevention (Interim Status).
401 KAR 35:040. Contingency plan and emergency procedures (Interim Status).
401 KAR 35:050. Manifest system, recordkeeping and reporting (Interim Status).
401 KAR 35:060. Groundwater monitoring (Interim Status).
401 KAR 35:070. Closure and postclosure (Interim Status).
401 KAR 35:180. Use and management of containers (Interim Status).
401 KAR 35:190. Tank systems (Interim Status).
401 KAR 35:200. Surface impoundments (Interim Status).
401 KAR 35:210. Waste piles (Interim Status).
401 KAR 35:220. Land treatment (Interim Status).
401 KAR 35:230. Landfill (Interim Status).
401 KAR 35:240. Incinerators (Interim Status).
401 KAR 35:245. Containment buildings (Interim Status).
401 KAR 35:250. Thermal treatment (Interim Status).
401 KAR 35:260. Chemical, physical, and biological treatment (Interim Status).
401 KAR 35:270. Underground injection (Interim Status).
401 KAR 35:275. Air emission standards for process vents (Interim Status).
401 KAR 35:280. Air emission standards for equipment leaks (Interim Status).
401 KAR 35:281. Air emission standards for tanks, surface impoundments, and containers (Interim Status).
401 KAR 35:285. Drip pads (Interim Status).
401 KAR 35:290. Appendix on recordkeeping instructions
401 KAR 35:310. Appendix on interim primary drinking water standards (Interim Status).
401 KAR 35:320. Appendix on tests for significance (Interim Status).
401 KAR 35:330. Appendix on examples of potentially incompatible waste (Interim Status).
401 KAR 35:340. Appendix on Compounds with Henry's Law Constant less than 0.1 Y/X (Interim Status).
401 KAR 35:350. Hazardous waste munitions and explosives storage (Interim Status).
Standards for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities
401 KAR 36:005. Definitions related to 401 KAR Chapter 36.
401 KAR 36:020. Hazardous waste burned in boilers and industrial furnaces.
401 KAR 36:025. Tables and procedures associated with the standards for the management of specific hazardous wastes and specific types of hazardous waste management facilities.
401 KAR 36:030. Recyclable materials used in a manner constitution disposal.
401 KAR 36:060. Recyclable materials used for precious metal recovery.
401 KAR 36:070. Spent lead-acid batteries being reclaimed.
401 KAR 36:080. Military munitions.
401 KAR 36:090. Conditional exemption for low-level mixed waste storage and disposal.
Land Disposal Restrictions
401 KAR 37:005. Definitions related to 401 KAR Chapter 37.
401 KAR 37:010. General provisions for land disposal restrictions.
401 KAR 37:020. Schedule for land disposal prohibition and establishment of treatment standards.
401 KAR 37:030. Prohibitions on land disposal.
401 KAR 37:040. Treatment standards.
401 KAR 37:050. Prohibitions on storage.
401 KAR 37:060. Appendix to 401 KAR Chapter 37.
Hazardous Waste Permitting Process
401 KAR 38:005. Definitions related to 401 KAR Chapter 38.
401 KAR 38:010. General provisions for permitting.
401 KAR 38:020. Interim status provisions.
401 KAR 38:025. Permit review and determination timetables.
401 KAR 38:030. Conditions applicable to all permits.
401 KAR 38:040. Changes to permits; expiration of permits.
401 KAR 38:050. Public information procedures.
401 KAR 38:060. Special types of permits.
401 KAR 38:070. Application procedures.
401 KAR 38:080. Contents of Part A application.
401 KAR 38:090. General contents of Part B application.
401 KAR 38:101. Repeal of 401 KAR 38:100.
401 KAR 38:150. Specific Part B requirements for containers.
401 KAR 38:160. Specific Part B information requirements for tanks.
401 KAR 38:170. Specific Part B requirements for surface impoundments.
401 KAR 38:180. Specific Part B requirements for waste piles.
401 KAR 38:190. Specific Part B requirements for incinerators.
401 KAR 38:200. Specific Part B requirements for land treatment facilities.
401 KAR 38:210. Specific Part B requirements for landfills.
401 KAR 38:230. Specific Part B requirements for miscellaneous units.
401 KAR 38:240. Specific Part B requirements for process vents.
401 KAR 38:250. Specific Part B requirements for equipment.
401 KAR 38:260. Specific Part B requirements for boilers and industrial furnaces burning hazardous waste.
401 KAR 38:270. Specific Part B information requirements for drip pads.
401 KAR 38:290. Specific Part B information requirements for air emission control for tanks, surface impoundments, and containers.
401 KAR 38:300. Specific Part B information requirements for postclosure permits.
401 KAR 38:310. Permit denial.
401 KAR 38:320. Remedial action plans.
401 KAR 38:330. Integration with Maximum Achievable Control Technology (MACT) standards.
401 KAR 38:500. Provisions for approval by the local government or the Kentucky Regional Integrated Treatment and Disposal Facility Siting Board.
Standards for Special Collection System Wastes
401 KAR 43:005. Definitions related to 401 KAR Chapter 43.
401 KAR 43:010. General standards for universal waste.
401 KAR 43:020. Standards for small quantity handlers of universal waste.
401 KAR 43:030. Standards for large quantity handlers of universal waste.
401 KAR 43:040. Standards for universal waste transporters.
401 KAR 43:050. Standards for destination facilities.
401 KAR 43:060. Import requirements.
401 KAR 43:070. Petitions to include other wastes under 401 KAR Chapter 43.
Waste Tires
401 KAR 44:005. Definitions related to 401 KAR Chapter 44.
401 KAR 44:010. Applicability.
401 KAR 44:020. Standards for used oil generators.
401 KAR 44:030. Standards for used oil collection centers and aggregation points.
401 KAR 44:040. Standards for used oil transporter and transfer facilities.
401 KAR 44:050. Standards for used oil processors and re-refiners.
401 KAR 44:060. Standards for used oil burners who burn off-specification used oil for energy recovery.
401 KAR 44:070. Standards for used oil fuel marketers.
401 KAR 44:080. Standards for use as a dust suppressant and disposal of used oil.
TRANSPORTATION CABINET: Department of Highways: Right-of-way
603 KAR 4:045. Cultural and recreational supplemental guide signs and boundary signs. Dana Fugazzi, attorney, and Kathy Woods represented the department.
In response to questions by Senator Tapp, Representative Ford, and Senator Pendleton, Ms. Woods stated the proposed changes to the requirements for cultural and recreational signs would allow some agribusiness sites to qualify but not local farmers’ markets. She stated that farmers’ markets were considered a retail attraction that may qualify for tourist-oriented directional signs, which cost $200 to $400 per year. She stated that unlike farmers’ markets, agribusinesses were more for entertainment and relaxation and the sale of produce was incidental.
In response to questions by Co-Chair Damron and Co-Chair Roeding, Ms. Woods stated that the brown agribusiness signs cost $1,300 to $2,500 and the applicant was responsible for the cost of installation while the blue, tourist-oriented directional signs were paid for through a yearly contract. She stated the department would review the administrative regulations and determine where signs for farmers’ markets would best fit.
Senator Tapp made a motion, seconded by Senator Pendleton, that this administrative regulation be deferred until May. Ms. Fugazzi stated that the department agreed to the deferral request. Without objection and with agreement between the subcommittee and the agency, this administrative regulation was deferred.
EDUCATION CABINET: Kentucky Board of Education: Office of Chief State School Officer
701 KAR 5:110. Use of local monies to reduce unmet technology need.
ENVIRONMENTAL AND PUBLIC PROTECTION CABINET: Department of Public Protection: Board of Tax Appeals: Tax Appeals
802 KAR 1:010. Hearing procedures.
CABINET FOR HEALTH AND FAMILY SERVICES: Department for Public Health: Radiation Operators Certification
902 KAR 105:040. General radiation operator requirements.
902 KAR 105:061. Repeal of 902 KAR 105:060.
902 KAR 105:070. Violations and endorsement.
The subcommittee adjourned until May 8, 2007 at 10 a.m.