The Administrative Regulation Review Subcommittee met on Tuesday, May 8, 2007, at 10:00 AM, in Room 149 of the Capitol Annex. Representative Robert R. Damron, 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 Joey Pendleton, and Gary Tapp; Representatives Danny Ford, Jimmie Lee, and Ron Weston.
Guests: Richard Casey, Becky Gilpatrick, and Melissa Justice, Kentucky Higher Education Assistance Authority; Pamela Luce, Kentucky Department of Veterans Affairs; Sarah Ball Johnson and Katie Dunnigan, Kentucky State Board of Elections; Renelle Grubbs and Edna Lowery, Kentucky Community Crisis Response Board; Michael Burleson, Kentucky Board of Pharmacy; James Grawe, Dr. Ed Hall, and Claude Wagner, Kentucky Board of Veterinary Examiners; James Grawe and Claude Wagner, Kentucky Board of Licensed Professional Counselors; Morgain Sprague and Don Walker, Kentucky Department of Fish and Wildlife Resources; Justin Dearinger, Sandy Gruzesky, Donna Marlin, Allan Bryant, Dale Burton, Dennis Giles, Mike Guffey, Tony Hatton, Michael Mullins, Lora Gowins, John Lyons, Lona Brewer, and Andrea Smith Department for Environmental Protection; Dana Fugazzi, Kathy Woods and Cass Napier, Transportation Cabinet; Kevin Brown, David Couch, Karen Dodd, and Mike Leadingham, Kentucky Board of Education; John Ackerson and John Forgy, Board of Tax Appeals; Michael Bennett, George Mann, Shane Peck, Tim House and Richard Peddicord, Office of Housing, Buildings and Construction; Carrie Banahan and Glenn Jennings, Department for Medicaid Services.
LRC Staff: Dave Nicholas, Emily Caudill, Kara Daniel, Emily Harkenrider, Donna Little, Jennifer Beeler and Ellen Steinberg.
The Administrative Regulation Review Subcommittee met on Tuesday, May 8, 2007 and submits this report:
Other Business:
Senator Pendleton stated that he had received complaints that law enforcement officers had stopped farm vehicles on the roadways and threatened to issue citations for failure to comply with certain federal regulations. He stated that both state and federal law exempted farm vehicles from these requirements. A motion was made and seconded that the subcommittee review 601 KAR 1:005. Without objection, it was ordered that the subcommittee will review the administrative regulation at its June meeting.
Administrative Regulations Reviewed by the Subcommittee:
KENTUCKY HIGHER EDUCATION ASSISTANCE AUTHORITY: Division of Student and Administrative Services: Authority
11 KAR 4:080. Student aid applications. Richard Casey, general counsel, and Becky Gilpatrick, branch manager, represented the authority.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 and 2 to comply with the drafting requirements of KRS Chapter 13A and to correct typographical errors. Without objection, and with agreement of the agency, the amendments were approved.
KHEAA Grant Programs
11 KAR 5:033. KTG student eligibility requirements.
In response to a question by Co-Chair Roeding, Mr. Casey stated that this administrative regulation mirrored the federal requirements and required a borrower who defaulted on a federal loan to establish a satisfactory payment plan before eligibility for the Kentucky Tuition Grant program was restored.
A motion was made and seconded to approve the following amendment: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendment was approved.
11 KAR 5:034. CAP grant student eligibility.
A motion was made and seconded to approve the following amendment: to amend Section 1 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendment was approved.
11 KAR 5:140. KTG award determination procedure.
KHEAA Work-Study Program
11 KAR 6:010. KHEAA Work-Study Program.
A motion was made and seconded to approve the following amendments: to amend Sections 4 to 6 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Early Childhood Development Scholarship Program
11 KAR 16:010. Early Childhood Development Scholarship Program applicant selection process.
A motion was made and seconded to approve the following amendments: 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.
11 KAR 16:070. Dual enrollment under consortium agreement.
A motion was made and seconded to approve the following amendments: to amend Sections 1, 3, and 4 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
GOVERNOR’S OFFICE: Kentucky Department of Veterans Affairs: Tuition Waiver Program
17 KAR 1:020. Eligibility for tuition waiver programs related to veterans. Pamela Luce, field operations branch manager, represented the department.
In response to questions by Co-Chair Roeding, Ms. Luce stated that the department has taken steps to publicize the application requirements for tuition waiver by sending letters to affected schools and students, by issuing a press release, and by posting information on the department’s Web site.
A motion was made and seconded to approve the following amendments: (1) to amend the title to more accurately reflect the subject matter of this administrative regulation; (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 Section 1 to provide the definition of "honorable discharge"; (4) to amend Section 2 to establish the application requirements for tuition waiver; (5) to amend Section 3 to provide that a certification shall be issued to an approved applicant and a written notification shall be issued if the application is denied; (6) to amend Section 4 to establish the application requirements for requesting an extension of tuition waiver benefits pursuant to KRS 164.507 and 164.515; and (7) to amend Section 5 to comply with the drafting and format requirements of KRS Chapter 13A and to incorporate by reference the affidavit and application for extension request. Without objection, and with agreement of the agency, the amendments were approved.
KENTUCKY STATE BOARD OF ELECTIONS: Statewide Voter Registration
31 KAR 3:010. Current address of Kentucky registered voters and distribution of voter registration lists. Sarah Johnson, executive director, and Katie Dunnigan, general counsel, represented the board.
In response to a question by Co-Chair Roeding, Ms. Johnson stated the board would forward the revised form to members of the legislature and post it on the board’s Web site.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to add definitions of “sale”, “statewide voter registration database”, and “voter registration list”; (2) to amend Sections 2, 3, 4, and 5 to correct terminology; (3) to amend Section 3 to delete repetitive language; and (4) to amend Sections 1 through 4, and 6 through 8 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Forms and Procedures
31 KAR 4:100. Evaluation of precinct election officers.
In response to a question by Senator Tapp, Ms. Johnson stated this administrative regulation incorporated by reference a form that had been in use for years and no changes were made that would make it more difficult to obtain precinct officers.
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 1 to correct a statutory citation; and (3) to amend Section 3 to correct punctuation. Without objection, and with agreement of the agency, the amendments were approved.
GENERAL GOVERNMENT CABINET: Department of Military Affairs: Kentucky Community Crisis Response Board
106 KAR 5:005. Definitions for 106 KAR Chapter 5. Renelle Grubbs, executive director, represented the board.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to add a statutory citation; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to comply with the drafting requirements of KRS Chapter13A; and (3) to amend Section 1 to add the term “membership committee”, delete terms that are not used in the administrative regulations, and comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
106 KAR 5:010. Application and renewal requirements for Response Team membership.
In response to a question by Senator Tapp, Ms. Grubbs stated that applicants for team membership were required to provide three references and undergo a background check.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to delete 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 1 to clarify the number of members on and the role of the membership committee; (4) to amend Sections 2 and 3 to clearly state the requirements for response team membership and the application process, and to delete repetitive language; (5) to amend the material incorporated by reference to use language consistent with this administrative regulation; and (6) to amend the TITLE, and Sections 1, 2, and 3 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
106 KAR 5:020. KCCRT educational and training requirements.
In response to a question by Co-Chair Roeding, Ms. Grubbs stated that the board had never had a problem getting team members. She stated that 15 percent of the volunteer members were employed in faith-based occupations, 22 percent provided behavioral health services, and other members came from law enforcement, fire and emergency medical services, medical health, and emergency management.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to delete a statutory citation; (2) to amend Section 1 to clearly state the number of members on and the role of the education and training committee; (3) to amend Section 4 to clearly state the education and training requirements for team members; (4) to amend the material incorporated by reference to use language consistent with this administrative regulation; and (5) to amend Sections 1 through 4 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
106 KAR 5:030. KCCRT member disciplinary actions.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to delete statutory citations; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to make technical corrections; (3) to amend Section 1 to clearly state the grounds for discipline of team members; (4) to amend Section 2 to clarify the disciplinary process, the right to appeal a disciplinary decision, and the factors that will be considered when deciding a disciplinary case; (5) to amend Section 3 to clearly list the possible sanctions; (6) to delete Section 4 in its entirety because it repeated statutory language; and (7) to amend Sections 1 through 3 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
106 KAR 5:040. Initiation of a crisis or disaster response.
In response to a question by Co-Chair Roeding, Ms. Grubbs stated that the process to initiate a response described in this administrative regulation had been in use since the agency was created in 1997. She stated that the highest ranking official in an organization must contact the agency to request its services or, if the governor declared a state of emergency, the state deployed the agency.
In response to questions by Co-Chair Damron, Ms. Grubbs stated that the crash of flight 5191, the flood of 1997, the Heath High School shooting, and the Murray State University dorm fire were all examples of crises to which the agency responded. She stated that the agency could travel out of state in accordance with the emergency management compact.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to delete citations; (2) to amend Section 1 to clarify the methods to initiate crisis services; and (3) to amend Sections 1 and 2 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Kentucky Board of Pharmacy: Pharmacy
201 KAR 2:260. Automated Pharmacy System in Residential Hospice Facilities. Michael Burleson, executive director, represented the board.
In response to questions by Senator Tapp, Mr. Burleson stated that all types of medication were dispensed through the automated system but many were controlled substances. He stated the automated system was a better mechanism to timely provide medication to hospice patients and only nurses had access to the medications.
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; (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 Sections 1 to 3 to comply with the formatting and drafting requirements of KRS Chapter 13A; and (4) to amend Section 3 to insert two additional requirements established in statute. Without objection, and with agreement of the agency, the amendments were approved.
Kentucky Board of Licensed Professional Counselors: Certification for Professional Counselors
201 KAR 36:070. Education Requirements. Claude Wagner, director, Division of Occupations and Professions, and James Grawe, general counsel, represented the board.
COMMERCE CABINET: Kentucky Department of Fish and Wildlife Resources: Game
301 KAR 2:122. Hunting seasons, methods, and limits for small game. Morgain Sprague, general counsel, and Don Walker, assistant director, represented the department.
301 KAR 2:185. Hunter Education.
In response to a question by Co-Chair Roeding, Ms. Sprague stated that the primary target of the education program was children ages nine through twelve. She stated that children are not eligible to attend state conservation camps until age nine and that younger children would be under the control of their parents.
A motion was made and seconded to approve the following amendments: to amend Sections 2 to 5 to comply with the formatting and drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
301 KAR 2:251. Hunting and trapping seasons and limits for furbearers.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 and 3 to correct minor drafting errors. Without objection, and with agreement of the agency, the amendments were approved.
ENVIRONMENTAL AND PUBLIC PROTECTION CABINET: Department for Environmental Protection: Division of Water: Water Quality
401 KAR 5:201. Repeal of 401 KAR 5:200. Justin Dearinger, regulations coordinator; Sandy Gruzesky, assistant director; and Donna Marlin, division branch manager, represented the department.
Public Water Supply
401 KAR 8:040. Laboratory certification.
In response to a question by Co-Chair Roeding, Ms. Gruzesky stated that the certification program had been in place for several years and would not create problems for smaller water districts.
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; (3) to amend Sections 1 to 7 and 9 to 11 to comply with the drafting and format requirements of KRS Chapter 13A; and (4) to amend Section 7 to clarify that laboratories shall make provisions to receive and test analytical samples twenty-four (24) hours a day during emergencies. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 8:070. Public notification.
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; (3) to amend Sections 1 to 5 and 7 to 10 to comply with the drafting and format requirements of KRS Chapter 13A; (4) to amend Section 1 to clarify that public notice shall be given by a drinking water system in violation of 401 KAR Chapter 8 and that the violation number is printed on the Notice of Violation; and (5) to amend Section 3 to correct the title of a federal regulation. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 8:075. Consumer confidence reports.
In response to a question by Co-Chair Roeding, Ms. Gruzesky stated that the consumer confidence report is an annual report that a water system is required to provide to each of its customers. The report provides information about the water system’s functioning in the past year and how well it protected public health.
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; (3) to amend Sections 1 to 4 to comply with the drafting and format requirements of KRS Chapter 13A; and (4) to amend Section 1 to clarify that the Consumer Confidence Report shall be submitted to the drinking water system's customers and to the cabinet by the annual deadline. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 8:150. Disinfection, filtration, and recycling.
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 Sections 1 to 4 and 6 to 7 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 8:160. Enhanced filtration and disinfection for large systems serving at least 10,000 people.
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; (3) to amend Sections 1 to 7 to comply with the drafting and format requirements of KRS Chapter 13A; and (4) to amend Section 3 to clarify that sigma is the correct symbol for use in calculating CT values. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 8:162. Enhanced filtration and disinfection for small systems serving less than 10,000 people.
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 Sections 1 to 8 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 8:250. Inorganic chemical sampling, analytical techniques and maximum contaminant levels.
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 Sections 1 to 6 and 9 to 17 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 8:501. Repeal of 401 KAR 8:500.
401 KAR 8:510. Disinfectant residuals, disinfection byproducts, and disinfection byproduct precursors.
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 Sections 1 to 9 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 8:550. Radionuclides.
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 Sections 1 to 5 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Division of Waste Management: General Administrative Procedures
401 KAR 30:005. Definitions related to 401 KAR Chapter 30. Michael Mullins, section supervisor; Tony Hatton, assistant director; and Mike Guffey, environmental scientist, represented the division.
Senator Tapp stated that it was impossible to read and understand the large number of administrative regulations filed by the division in the short period of time available to the subcommittee members. He stated he was concerned that some of the administrative regulations may have a negative impact but that there was insufficient time to review them all. He stated that cabinets should not bring such a large number of administrative regulations before the subcommittee at one time.
Mr. Hatton stated that it was a very large number of administrative regulations because it was a program with a broad reach. He stated that it was a mature regulatory program that had been in place since 1980, that very few comments were received, and that the administrative regulations did not contain new requirements. He stated that most of these administrative regulations were no less stringent than federal regulations and in the few areas in which they were more stringent than federal regulations, it was primarily due to statutory requirements.
Senator Pendleton stated that it was impossible to read such a large volume of material in the time available.
Representative Weston stated that he agreed that this was a large volume of material that was difficult to digest. He stated that there were situations in each state that sometimes warranted administrative regulations that were more stringent than the federal regulations.
Co-Chair Damron stated that he shared some of the members’ concerns about the large number of administrative regulations from a single cabinet. He stated that these administrative regulations were filed several months ago, went through the publication process, and there was an opportunity to discuss any problems. He stated that the subcommittee had the authority the revisit any of these administrative regulations if necessary.
A motion was made and seconded to approve the following amendments: (1) to amend the TITLE and Sections 1 and 2 to comply with the drafting and format requirements of KRS Chapter 13A; (2) to amend the RELATES TO paragraph to correct statutory citations; (3) 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 (4) to amend Section 2 to correct the tables showing the appropriate cross-references between the federal regulations and the state administrative regulations. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 30:020. General provisions.
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; (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 to 9 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 30:035. Rulemaking petitions.
In response to a question by Co-Chair Roeding, Mr. Guffey stated that the fee was required by statute and had not been changed. Additionally, Mr. Hatton stated that there were no fee changes in any of the administrative regulations in this package.
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; (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 3, 10, and 11 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 30:040. Transfer of regulatory responsibility.
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 to 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.
401 KAR 30:071. Repeal of 401 KAR 30:010, and 30:070.
A motion was made and seconded to approve the following amendments: (1) to amend the TITLE to show that 401 KAR 30:080 is also being repealed by this administrative regulation; and (2) to amend the RELATES TO paragraph to correct a statutory citation. Without objection, and with agreement of the agency, the amendments were approved.
Identification and Listing of Hazardous Waste
401 KAR 31:005. Definitions related to 401 KAR Chapter 31.
A motion was made and seconded to approve the following amendments: (1) to amend the TITLE and Sections 1 and 2 to comply with the drafting and format requirements of KRS Chapter 13A; (2) to amend the RELATES TO paragraph to correct statutory citations; (3) 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 (4) to amend Section 2 to correct the tables showing the appropriate cross-references between the federal regulations and the state administrative regulations. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 31:010. General provisions for hazardous wastes.
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; (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, 2, 4, 6, 8, and 10 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 31:020. Criteria for identifying the characteristics of hazardous waste and criteria for listing.
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; (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.
401 KAR 31:030. Characteristics of hazardous waste.
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 2 and 4 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 31:040. Lists of hazardous wastes.
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; (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 6 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 31:050. General provisions for special wastes.
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.
401 KAR 31:070. Delisted hazardous waste streams.
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, 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.
401 KAR 31:100. Representative sampling methods.
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, as required by KRS 13A.220. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 31:110. Method 1311 toxicity characteristic leaching procedure.
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, as required by KRS 13A.220. Without objection, and with agreement of the agency, the amendments were approved.
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.
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, as required by KRS 13A.220. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 31:170. Appendix on hazardous waste constituents.
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, as required by KRS 13A.220. Without objection, and with agreement of the agency, the amendments were approved.
Standards Applicable to Generators of Hazardous Waste
401 KAR 32:005. Definitions related to 401 KAR Chapter 32.
A motion was made and seconded to approve the following amendments: (1) to amend the TITLE and Sections 1 and 2 to comply with the drafting and format requirements of KRS Chapter 13A; (2) to amend the RELATES TO paragraph to correct statutory citations; (3) 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 (4) to amend Section 2 to correct the tables showing the appropriate cross-references between the federal regulations and the state administrative regulations. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 32:010. General provisions for generators.
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; (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, 3, and 4 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 32:020. Manifest system.
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, as required by KRS 13A.220. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 32:030. Pretransport requirements.
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; (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 5 and 6 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 32:040. Recordkeeping and reporting.
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; (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, 3, 4, and 7 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 32:050. Special conditions.
In response to a question by Co-Chair Roeding about this administrative regulation differing from the federal regulation, Mr. Guffey stated this administrative regulation required an annual report rather than a biennial report in order to be consistent with a state statute that required annual reporting of hazardous waste assessments.
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; (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 7 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 32:060. Farmers.
In response to a question by Senator Pendleton, Mr. Guffey stated this administrative regulation cited the federal regulation and did not make any substantive change.
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, as required by KRS 13A.220. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 32:065. Transfrontier shipments of hazardous waste for recovery within the OECD.
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; (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.
401 KAR 32:100. Appendix on hazardous waste manifest and instructions.
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; (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 and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Standards Applicable to Transporters of Hazardous Waste
401 KAR 33:005. Definitions related to 401 KAR Chapter 33.
A motion was made and seconded to approve the following amendments: (1) to amend the TITLE and Sections 1 and 2 to comply with the drafting and format requirements of KRS Chapter 13A; (2) to amend the RELATES TO paragraph to correct statutory citations; (3) 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 (4) to amend Section 2 to correct the tables showing the appropriate cross-references between the federal regulations and the state administrative regulations. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 33:010. General provisions for transporters.
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; (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 2 and 4 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 33:020. Compliance with the manifest system and recordkeeping.
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, as required by KRS 13A.220. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 33:030. Hazardous waste discharges during transportation.
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; (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 3 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Standards for Owners and Operators of Hazardous Waste Storage, Treatment and Disposal Facilities
401 KAR 34:005. Definitions related to 401 KAR Chapter 34.
In response to a question by Co-Chair Roeding, subcommittee staff stated that terms used for federal officials, agencies, and publications had been replaced with the corresponding terms for Kentucky officials, agencies, and publications.
A motion was made and seconded to approve the following amendments: (1) to amend the TITLE and Sections 1 and 2 to comply with the drafting and format requirements of KRS Chapter 13A; (2) to amend the RELATES TO paragraph to correct statutory citations; (3) 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 (4) to amend Section 2 to correct the tables showing the appropriate cross-references between the federal regulations and the state administrative regulations. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 34:010. General provisions for facilities.
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; (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 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.
401 KAR 34:020. General facility standards.
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; (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 9 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 34:030. Preparedness and prevention.
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; (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 5 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 34:040. Contingency plan and emergency procedures.
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; (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 2 to 5 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 34:050. Manifest system, recordkeeping and reporting.
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; (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, 6, 7, and 8 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 34:060. Releases from solid waste management units.
In response to a question by Co-Chair Roeding, Mr. Hatton stated that the purpose of this administrative regulation was to make it clear that clean-up under the hazardous waste program should be conducted pursuant to a clear, transparent process, similar to other clean-up programs.
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; (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 3, 5, 8, 12, and 13 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 34:070. Closure and postclosure.
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; (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 3, 4, 5, 8, and 9 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 34:180. Use and management of containers.
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, as required by KRS 13A.220. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 34:190. Tank systems.
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; (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 Section 3 to comply with the drafting and format requirements of KRS Chapter 13A; and (4) to create a new Section 12 to establish provisions governing effective dates that are different in federal regulations. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 34:200. Surface impoundments.
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; (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 2 and 6 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 34:210. Waste piles.
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; (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 2 and 9 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 34:220. Land treatment.
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, as required by KRS 13A.220. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 34:230. Landfills.
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; (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 2 and 12 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 34:240. Incinerators.
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; (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 to 8 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 34:245. Containment buildings.
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; (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 and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 34:250. Miscellaneous units.
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; (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 to 4 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 34:275. Air emission standards for process vents.
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; (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 2 to 4 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 34:280. Air emission standards for equipment leaks.
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; (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 2 to 13 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 34:281. Air emission standards for tanks, surface impoundments, and containers.
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; (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, 2, and 4 to 7 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 34:285. Drip pads.
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; (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 3 and 4 to comply with the drafting and format requirements of KRS Chapter 13A; and (4) to create a new Section 7 to establish provisions governing effective dates that are different in federal regulations. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 34:287. Special provisions for cleanup.
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; (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 2 to 5 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 34:290. Recordkeeping instructions.
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, as required by KRS 13A.220. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 34:320. Cochran's approximation to the Behrens-Fisher Students' T-Test.
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, as required by KRS 13A.220. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 34:330. Examples of potentially incompatible waste.
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, as required by KRS 13A.220. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 34:360. List of hazardous constituents for groundwater monitoring.
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, as required by KRS 13A.220. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 34:370. Hazardous waste munitions and explosives storage.
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; (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 and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
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.
A motion was made and seconded to approve the following amendments: (1) to amend the TITLE and Sections 1 and 2 to comply with the drafting and format requirements of KRS Chapter 13A; (2) to amend the RELATES TO paragraph to correct statutory citations; (3) 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 (4) to amend Section 2 to correct the tables showing the appropriate cross-references between the federal regulations and the state administrative regulations. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 35:010. General provisions for facilities
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; (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.
401 KAR 35:020. General facilities standards (Interim Status).
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; (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 the TITLE and Section 4 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 35:030. Preparedness and prevention (Interim Status).
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; (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 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.
401 KAR 35:040. Contingency plan and emergency procedures (Interim Status).
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; (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 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.
401 KAR 35:050. Manifest system, recordkeeping and reporting (Interim Status).
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; (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 to 8 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 35:060. Groundwater monitoring (Interim Status).
In response to a question by Co-Chair Roeding, Mr. Hatton stated that there were no federal forms on this topic and that the state forms were available on the division’s Web site.
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; (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 5 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 35:070. Closure and postclosure (Interim Status).
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; (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 2, 3, 4, 9, and 10 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 35:180. Use and management of containers (Interim Status).
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, as required by KRS 13A.220. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 35:190. Tank systems (Interim Status).
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; (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 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.
401 KAR 35:200. Surface impoundments (Interim Status).
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; (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 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.
401 KAR 35:210. Waste piles (Interim Status).
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, as required by KRS 13A.220. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 35:220. Land treatment (Interim Status).
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, as required by KRS 13A.220. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 35:230. Landfill (Interim Status).
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; (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 2 and 4 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 35:240. Incinerators (Interim Status).
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, as required by KRS 13A.220. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 35:245. Containment buildings (Interim Status).
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; (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 and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 35:250. Thermal treatment (Interim Status).
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, as required by KRS 13A.220. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 35:260. Chemical, physical, and biological treatment (Interim Status).
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, as required by KRS 13A.220. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 35:270. Underground injection (Interim Status).
A motion was made and seconded to approve the following amendments: (1) to amend the TITLE to comply with the drafting requirements of KRS Chapter 13A; (2) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to correct statutory citations; and (3) 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. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 35:275. Air emission standards for process vents (Interim Status).
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; (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 3 and 4 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 35:280. Air emission standards for equipment leaks (Interim Status).
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; (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 2 to 12 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 35:281. Air emission standards for tanks, surface impoundments, and containers (Interim Status).
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; (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 2, 4, and 6 to 9 to comply with the drafting and format requirements of KRS Chapter 13A; and (4) to create a new Section 12 to establish provisions governing effective dates that are different in federal regulations. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 35:285. Drip pads (Interim Status).
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; (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, 3, and 4 to comply with the drafting and format requirements of KRS Chapter 13A; and (4) to create a new Section 7 to establish provisions governing effective dates that are different in federal regulations. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 35:290. Appendix on recordkeeping instructions (Interim Status).
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, as required by KRS 13A.220. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 35:310. Appendix on interim primary drinking water standards (Interim Status).
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, as required by KRS 13A.220. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 35:320. Appendix on tests for significance (Interim Status).
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, as required by KRS 13A.220. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 35:330. Appendix on examples of potentially incompatible waste (Interim Status).
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, as required by KRS 13A.220. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 35:340. Appendix on Compounds with Henry's Law Constant less than 0.1 Y/X (Interim Status).
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, as required by KRS 13A.220. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 35:350. Hazardous waste munitions and explosives storage (Interim Status).
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; (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 the TITLE and Section 1 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
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.
A motion was made and seconded to approve the following amendments: (1) to amend the TITLE and Sections 1 and 2 to comply with the drafting and format requirements of KRS Chapter 13A; (2) to amend the RELATES TO paragraph to correct statutory citations; (3) 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 (4) to amend Section 2 to correct the tables showing the appropriate cross-references between the federal regulations and the state administrative regulations. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 36:020. Hazardous waste burned in boilers and industrial furnaces.
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; (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 and 2 to comply with the drafting and format requirements of KRS Chapter 13A; and (4) to create a new Section 15 to establish provisions governing effective dates that are different in federal regulations. Without objection, and with agreement of the agency, the amendments were approved.
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.
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; (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 to 12 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 36:030. Recyclable materials used in a manner constitution disposal.
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; (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 to 4 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 36:060. Recyclable materials used for precious metal recovery.
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; (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 and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 36:070. Spent lead-acid batteries being reclaimed.
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; (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 and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 36:080. Military munitions.
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; (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 2, 3, 5, and 6 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 36:090. Conditional exemption for low-level mixed waste storage and disposal.
A motion was made and seconded to approve the following amendments: (1) to amend the TITLE to more accurately reflect the content of this administrative regulation; (2) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs and Section 2 to correct statutory citations; and (3) 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. Without objection, and with agreement of the agency, the amendments were approved.
Land Disposal Restrictions
401 KAR 37:005. Definitions related to 401 KAR Chapter 37.
A motion was made and seconded to approve the following amendments: (1) to amend the TITLE and Sections 1 and 2 to comply with the drafting and format requirements of KRS Chapter 13A; (2) to amend the RELATES TO paragraph to correct statutory citations; (3) 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 (4) to amend Section 2 to correct the tables showing the appropriate cross-references between the federal regulations and the state administrative regulations. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 37:010. General provisions for land disposal restrictions.
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; (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, 3, 4, and 6 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 37:020. Schedule for land disposal prohibition and establishment of treatment standards.
A motion was made and seconded to approve the following amendments: (1) to amend the TITLE to more accurately reflect the content of this administrative regulation; (2) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to correct statutory citations; and (3) 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. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 37:030. Prohibitions on land disposal.
In response to a question by Co-Chair Roeding, Mr. Hatton stated that this administrative regulation was stricter than the federal regulation governing metal emissions. He stated that there was only one facility in Kentucky that would be affected by this administrative regulation and that the facility staff indicated that there would be no problem with meeting the stricter standard. Mr. Hatton stated that no fees would be raised.
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; (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 11 to comply with the drafting and format requirements of KRS Chapter 13A; and (4) to create a new Section 12 to establish provisions governing effective dates that are different in federal regulations. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 37:040. Treatment standards.
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; (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, 2, 3, and 10 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 37:050. Prohibitions on storage.
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; (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 and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 37:060. Appendix to 401 KAR Chapter 37.
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; (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 the TITLE and Section 1 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Hazardous Waste Permitting Process
401 KAR 38:005. Definitions related to 401 KAR Chapter 38.
A motion was made and seconded to approve the following amendments: (1) to amend the TITLE and Sections 1 and 2 to comply with the drafting and format requirements of KRS Chapter 13A; (2) to amend the RELATES TO paragraph to correct statutory citations; (3) 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 (4) to amend Section 2 to correct the tables showing the appropriate cross-references between the federal regulations and the state administrative regulations. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 38:010. General provisions for permitting.
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; (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 to 4 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 38:020. Interim status provisions.
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; (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 and 3 to comply with the drafting and format requirements of KRS Chapter 13A; and (4) to create a new Section 5 to establish provisions governing effective dates that are different in federal regulations. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 38:025. Permit review and determination timetables.
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; (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 4 to comply with the drafting and format requirements of KRS Chapter 13A; and (4) to delete Section 5, to delete outdated provisions that applied only under a prior amendment to this administrative regulation. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 38:030. Conditions applicable to all permits.
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; (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 and 3 to comply with the drafting and format requirements of KRS Chapter 13A; and (4) to amend Section 1 to establish requirements for immediate reporting. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 38:040. Changes to permits; expiration of permits.
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; (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 to 7 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 38:050. Public information procedures.
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; (3) to amend Sections 1 to 12, 14, 14, and 16 to comply with the drafting and format requirements of KRS Chapter 13A; and (4) to amend Section 10 to establish requirements for re-opening a public comment period. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 38:060. Special types of permits.
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; (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 to 4 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 38:070. Application procedures.
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; (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, 2, 3, 6, 8, and 9 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 38:080. Contents of Part A application.
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; (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 to 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.
401 KAR 38:090. General contents of Part B application.
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; (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 2 to 4 to comply with the drafting and format requirements of KRS Chapter 13A; and (4) to create a new Section to specify that the subject matter “location information” shall be governed by 40 C.F.R. 270.14(b)(11). Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 38:101. Repeal of 401 KAR 38:100.
401 KAR 38:150. Specific Part B requirements for containers.
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, as required by KRS 13A.220. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 38:160. Specific Part B information requirements for tanks.
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, as required by KRS 13A.220. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 38:170. Specific Part B requirements for surface impoundments.
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; (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.
401 KAR 38:180. Specific Part B requirements for waste piles.
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, as required by KRS 13A.220. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 38:190. Specific Part B requirements for incinerators.
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, as required by KRS 13A.220. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 38:200. Specific Part B requirements for land treatment facilities.
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, as required by KRS 13A.220. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 38:210. Specific Part B requirements for landfills.
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, as required by KRS 13A.220. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 38:230. Specific Part B requirements for miscellaneous units.
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, as required by KRS 13A.220. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 38:240. Specific Part B requirements for process vents.
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, as required by KRS 13A.220. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 38:250. Specific Part B requirements for equipment.
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, as required by KRS 13A.220. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 38:260. Specific Part B requirements for boilers and industrial furnaces burning hazardous waste.
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, as required by KRS 13A.220. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 38:270. Specific Part B information requirements for drip pads.
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, as required by KRS 13A.220. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 38:290. Specific Part B information requirements for air emission control for tanks, surface impoundments, and containers.
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; (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 the TITLE and Section 1 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 38:300. Specific Part B information requirements for postclosure permits.
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; (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 and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 38:310. Permit denial.
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, as required by KRS 13A.220. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 38:320. Remedial action plans.
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, as required by KRS 13A.220. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 38:330. Integration with Maximum Achievable Control Technology (MACT) standards.
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, as required by KRS 13A.220. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 38:500. Provisions for approval by the local government or the Kentucky Regional Integrated Treatment and Disposal Facility Siting Board.
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 to 4 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Standards for Special Collection System Wastes
401 KAR 43:005. Definitions related to 401 KAR Chapter 43.
A motion was made and seconded to approve the following amendments: (1) to amend the TITLE and Sections 1 and 2 to comply with the drafting and format requirements of KRS Chapter 13A; (2) to amend the RELATES TO paragraph to correct statutory citations; (3) 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 (4) to amend Section 2 to correct the tables showing the appropriate cross-references between the federal regulations and the state administrative regulations. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 43:010. General standards for universal waste.
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; (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 2 to 6 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 43:020. Standards for small quantity handlers of universal waste.
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; (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 2, 4, and 11 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 43:030. Standards for large quantity handlers of universal waste.
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; (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, 3, 5, and 9 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 43:040. Standards for universal waste transporters.
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; (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 and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 43:050. Standards for destination facilities.
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; (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 and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 43:060. Import requirements.
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, as required by KRS 13A.220. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 43:070. Petitions to include other wastes under 401 KAR Chapter 43.
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; (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 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.
Waste Tires
401 KAR 44:005. Definitions related to 401 KAR Chapter 44.
A motion was made and seconded to approve the following amendments: (1) to amend the TITLE and Sections 1 and 2 to comply with the drafting and format requirements of KRS Chapter 13A; (2) to amend the RELATES TO paragraph to correct statutory citations; (3) 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 (4) to amend Section 2 to correct the tables showing the appropriate cross-references between the federal regulations and the state administrative regulations. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 44:010. Applicability.
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, as required by KRS 13A.220. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 44:020. Standards for used oil generators.
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; (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 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.
401 KAR 44:030. Standards for used oil collection centers and aggregation points.
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; (3) to amend Section 2 to comply with the drafting and format requirements of KRS Chapter 13A; and (4) to create a new Section 4 to incorporate by reference the required “Used Oil Collection Center Registration and Annual Reporting Form”. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 44:040. Standards for used oil transporter and transfer facilities.
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; (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, 2, 3, 5, 6, and 7 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 44:050. Standards for used oil processors and re-refiners.
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; (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, 2, 5, and 8 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 44:060. Standards for used oil burners who burn off-specification used oil for energy recovery.
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; (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, 3, and 5 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 44:070. Standards for used oil fuel marketers.
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; (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 3 and 4 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 44:080. Standards for use as a dust suppressant and disposal of used oil.
In response to a question by Co-Chair Roeding, Mr. Guffey stated that an existing statute prohibited the use of used oil as a dust suppressant.
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, as required by KRS 13A.220. Without objection, and with agreement of the agency, the amendments were approved.
Division for Air Quality: Attainment and Maintenance of the National Ambient Air Quality Standards
401 KAR 51:220. CAIR NOx Ozone Season Trading Program. John Lyons, director, and Lona Brewer, manager, represented the division.
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, as required by KRS 13A.220; and (2) to amend Sections 1 to 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.
New Source Performance Standards
401 KAR 60:020. Mercury Budget Trading Program.
In response to a question by Co-Chair Roeding, Mr. Lyons stated that mercury was a neurotoxin that was harmful to small children and women of child-bearing age. He stated that this administrative regulation was consistent with the federal rule except for the allotment of mercury credits to existing industry. Under the federal rule, 95 percent of the credits were for existing sources and 5 percent were for new sources. This administrative regulation allotted 98 percent for existing utilities and 2 percent for new sources.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to add a statutory citation; and (2) to amend Section 3 to comply with the formatting and drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
TRANSPORTATION CABINET: Department of Highways: Right-of-way
603 KAR 4:045. Cultural and recreational supplemental guide signs and boundary signs. Dana Fugazzi, attorney; Kathy Woods, executive advisor; and Tom Napier, division of maintenance, represented the department.
A motion was made and seconded to approve the following amendments: to amend Section 1 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
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. Kevin Brown, assistant general counsel, and David Couch, associate commissioner for technology, represented the board.
In response to questions by Co-Chair Roeding, Mr. Brown stated that a district’s unmet need was funded by the department and any other sources the district has. He stated the district tracks the funding sources and reports its technology expenditures. Under this administrative regulation, a district’s technology plan was incorporated into its education plan. Every year, each district provides the board with a report of unmet need and a technology survey.
ENVIRONMENTAL AND PUBLIC PROTECTION CABINET: Department of Public Protection: Board of Tax Appeals: Tax Appeals
802 KAR 1:010. Hearing procedures. Jon Ackerson, attorney, and John Forgy, general counsel, represented the board.
In response to questions by Representative Ford, Mr. Ackerson stated that the board tried to be taxpayer-friendly and that the required forms were available to appellants. He stated that he did not have statistics available on the number of cases won by appellants, but that the board accepted appeals from anyone and provided a hearing. He stated that the Kentucky Supreme Court required a legal entity to be represented by an attorney although an individual could represent himself.
In response to a question by Co-Chair Roeding, Mr. Ackerson stated that subpoenas can be necessary to obtain the cooperation of witnesses.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the function of this administrative regulation; (2) to amend Section 2 to add a statutory citation and delete repetitive language; (3) to amend Section 3 to add a citation; and (4) to amend Sections 2, 4, and 6 through 10 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Office of Housing, Buildings and Construction: Elevator Safety
815 KAR 4:010. Annual inspection of passenger elevators. Mike Bennett, staff attorney; Richard Peddicord, chief deputy state fire marshal; Shane Peck, chief inspector; and Tim House, division director, represented the office.
In response to questions by Senator Tapp, Mr. Bennett stated that all of these administrative regulations were reviewed by the appropriate advisory committee before they were brought before the subcommittee. He stated that there were no comments received on any of these administrative regulations.
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 Sections 1 to 3 to comply with the drafting and format requirements of KRS Chapter 13A; and (3) to amend Sections 1 and 3 to correct titles of manuals incorporated by reference. Without objection, and with agreement of the agency, the amendments were approved.
Building Code
815 KAR 7:120. Kentucky Building Code.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 1 to 3 and 5 to comply with the drafting and format requirements of KRS Chapter 13A; and (2) to amend Section 5 to delete a document incorporated by reference that should have been incorporated in 815 KAR 7:125. Without objection, and with agreement of the agency, the amendments were approved.
Standards of Safety
815 KAR 10:060. Kentucky standards of safety.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 1 and 3 to 9 to comply with the drafting and format requirements of KRS Chapter 13A; and (2) to amend Section 9 to correct a publication number for a document incorporated by reference. Without objection, and with agreement of the agency, the amendments were approved.
Plumbing
815 KAR 20:015. Fees and refunds.
In response to a question by Co-Chair Roeding, Mr. House stated that the plumbing regulations made two changes regarding fees. He stated that a standard refund form was incorporated by reference and that a $35 fee was instituted for the return of a cold check.
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 1 through 3 to make technical corrections and comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
815 KAR 20:020. Parts and materials list.
815 KAR 20:110. Traps and clean-outs.
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 1, 6 through 11, and 14 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
815 KAR 20:120. Water supply and distribution.
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, 4 through 6, 9, 10, 15, and 18 to make technical corrections and comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
815 KAR 20:130. House sewers and storm water piping; methods of installation.
A motion was made and seconded to approve the following amendments: to amend Sections 1, 2, 4, 8, 9, 11, 12, 21, and 29 to make technical corrections and comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
815 KAR 20:150. Inspection and tests.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 3, 4, and 6 to make technical corrections and comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Electrical Inspectors
815 KAR 35:060. Licensing of electrical contractors, electricians, and master electricians pursuant of KRS 227A.060.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to add a statutory citation; (2) to amend Section 3 to clarify that a reinstatement fee for a lapsed license must be paid in addition to a renewal fee; (3) to amend Section 10 to correct the edition dates of the forms incorporated by reference; (4) to amend the Electrical Contractor’s License Application incorporated by reference to delete language that was deleted from the administrative regulation; and (5) to amend Sections 2 through 4, and 8 through 10 to make technical corrections and comply with the drafting and formatting 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 Medicaid Services: Division of Long Term Care and Community Alternatives: Medicaid
907 KAR 1:025 & E. Payment for services provided by an intermediate care facility for individuals with mental retardation or a developmental disability, a dually-licensed pediatric facility, an institution for mental diseases, or a nursing facility with an all-inclusive rate unit. Glenn Jennings, commissioner, represented the department.
A motion was made and seconded to approve the following amendments: to amend Section 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.
GENERAL GOVERNMENT CABINET: Kentucky Board of Veterinary Examiners: Examiners
201 KAR 16:010. Code of ethical conduct. Dr. Ed Hall, board member; Claude Wagner, director, Division of Occupations and Professions; and James Grawe, general counsel represented the board.
201 KAR 16:060. Complaint processing procedures.
In response to questions by Representative Lee about the requirement that complaints be written and notarized despite the societal trend toward paperless communication, Mr. Hall stated that a notarized complaint was required in an effort to ensure the credibility of the complaint. Representative Lee stated that a notary vouched that the named person signed the document, not that the document was accurate or truthful. Dr. Hall stated that the issue could be taken back to the board for reconsideration. A motion was made and seconded to defer consideration of this regulation and 201 KAR 16:010 to the subcommittee’s June agenda. Without objection and with agreement of the agency, the administrative regulations were deferred.
ENVIRONMENTAL AND PUBLIC PROTECTION CABINET: Department for Natural Resources: Miner Training, Education and Certification
805 KAR 7:010. Definitions for 805 KAR Chapter 7.
805 KAR 7:100. Requirements for belt examiner.
Drugs Workplace Certification
805 KAR 11:001. Definitions for 805 KAR Chapter 11.
805 KAR 11:010. Requirements for application for certification of drug-free workplace.
805 KAR 11:020. Requirements for certification of drug-free workplace.
CABINET FOR HEALTH AND FAMILY SERVICES: Department for Public Health: Diseases
902 KAR 2:080. Sexually transmitted diseases.
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 June 7, 2007 at 10 a.m.