The following agenda does not take into consideration all of the administrative regulations that may be deferred by the promulgating agency or that may be removed in order to complete the public comment process.
ADMINISTRATIVE REGULATION REVIEW SUBCOMMITTEE
AGENDA, March 13, 2007, at 9:30 a.m. in Room 149, Capitol Annex
PERSONNEL CABINET
Classified
101 KAR 2:210 & E. Summary Plan Descriptions for the Public Employee Health Insurance Program. ("E" expires 6/20/07.)
FINANCE AND ADMINISTRATION CABINET
Department of Revenue
Inheritance Tax
103 KAR 2:020. Lien on "Qualified Real Estate".
103 KAR 2:030. Policies and circulars relating to inheritance tax.
Sales and Use Tax; Service and Professional Occupations
103 KAR 26:010. Service enterprises in general.
Sales and Use Tax; Miscellaneous Retailer Occupations
103 KAR 27:150. Repairers and reconditioners of personal property.
103 KAR 27:220. Miscellaneous restaurant transactions.
103 KAR 27:230. Automotive body shops and suppliers.
103 KAR 27:240. Reporting of sales tax relating to equine breeding fees.
Sales and Use Tax, Miscellaneous Retail Transactions
103 KAR 28:010. Admissions.
103 KAR 28:030. Producing, fabricating, and processing.
103 KAR 28:141. Repeal of 103 KAR 28:140.
103 KAR 28:170. Sales of dirt and sod.
Sales and Use Tax; General Exemptions
103 KAR 30:140. Energy and energy-producing fuels.
103 KAR 30:250. Property used in the publication of newspapers.
103 KAR 30:260. Pollution control facilities exemption.
103 KAR 30:270. Oil and gas extraction machinery.
103 KAR 30:280. Sales to water haulers.
103 KAR 30:290. Security lighting.
Sales and Use Tax; Administration and Accounting
103 KAR 31:111. Sales and purchases for resale.
Selective Excise Tax; Cigarettes
103 KAR 41:140. Circular relating to cigarette licenses and taxes.
103 KAR 41:150. Cigarette subjobber licenses.
103 KAR 41:160. Unstamped cigarettes damaged in transit.
Selective Excise Tax; Motor Fuels
103 KAR 43:320. Policies and circulars relating to motor fuels taxes.
103 KAR 43:330. Measurement of compressed natural gas (CNG) in gallons.
Selective Excise Tax; Motor Vehicle Usage
103 KAR 44:090. Policies and circulars relating to motor vehicle usage tax.
103 KAR 44:100 & E. Procedures for refund based on vehicle condition. ("E" expires 6/19/07.)
103 KAR 44:120. Incorrect statement of origin.
Selective Excise Tax; Miscellaneous
103 KAR 45:015. Circular relating to the legal process tax and the Spouse Abuse Shelter Fund.
GENERAL GOVERNMENT CABINET
Board of Architects
Board
201 KAR 19:085. Fees.
Board of Nursing
Board
201 KAR 20:163. Standards for approved evaluators.
201 KAR 20:225. Reinstatement of license.
201 KAR 20:390. Nursing Incentive Scholarship Fund.
COMMERCE CABINET
Department of Fish and Wildlife Resources
Game
301 KAR 2:049. Small game and furbearer hunting on public areas.
301 KAR 2:081. Transportation and holding of native wildlife.
301 KAR 2:082. Transportation and holding of exotic wildlife.
301 KAR 2:084. Importation of game birds.
301 KAR 2:122. Hunting seasons, methods, and limits for small game.
DEPARTMENT OF AGRICULTURE
Marketing and Product Promotion
302 KAR 39:020 & E. Kentucky Small Farm Wineries Support Fund. ("E" expires 7/3/07.)
ENVIRONMENTAL AND PUBLIC PROTECTION CABINET
Department for Environmental Protection
Division of Water
Public Water Supply
401 KAR 8:040. Laboratory certification. (Not Amended After Comments)
401 KAR 8:070. Public notification. (Amended After Comments)
401 KAR 8:075. Consumer confidence reports. (Amended After Comments)
401 KAR 8:150. Disinfection, filtration, and recycling. (Deferred from January)
401 KAR 8:160. Enhanced filtration and disinfection for large systems serving at least 10,000 people. (Amended After Comments)
401 KAR 8:162. Enhanced filtration and disinfection for small systems serving less than 10,000 people. (Deferred from January)
401 KAR 8:250. Inorganic chemical sampling, analytical techniques and maximum contaminant levels. (Amended After Comments)
401 KAR 8:501. Repeal of 401 KAR 8:500. (Deferred from January)
401 KAR 8:510. Disinfectant residuals, disinfection byproducts, and disinfection byproduct precursors. (Amended After Comments)
401 KAR 8:550. Radionuclides. (Amended After Comments)
Department for Environmental Protection
Division of Waste Management
General Administrative Procedures
401 KAR 30:005. Definitions related to 401 KAR Chapter 30.
401 KAR 30:020. General provisions.
401 KAR 30:035. Rulemaking petitions.
401 KAR 30:040. Transfer of regulatory responsibility.
401 KAR 30:071. Repeal of 401 KAR 30:010, and 30:070.
Standards Applicable to Transporters of Hazardous Waste
401 KAR 33:005. Definitions related to 401 KAR Chapter 33.
401 KAR 33:010. General provisions for transporters.
401 KAR 33:020. Compliance with the manifest system and recordkeeping.
401 KAR 33:030. Hazardous waste discharges during transportation.
Interim Status Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities
401 KAR 35:005. Definitions related to 401 KAR Chapter 35.
401 KAR 35:010. General provisions for facilities (Interim Status).
401 KAR 35:020. General facilities standards (Interim Status).
401 KAR 35:030. Preparedness and prevention (Interim Status).
401 KAR 35:040. Contingency plan and emergency procedures (Interim Status).
401 KAR 35:050. Manifest system, recordkeeping and reporting (Interim Status).
401 KAR 35:060. Groundwater monitoring (Interim Status).
401 KAR 35:070. Closure and postclosure (Interim Status).
401 KAR 35:180. Use and management of containers (Interim Status).
401 KAR 35:190. Tank systems (Interim Status).
401 KAR 35:200. Surface impoundments (Interim Status).
401 KAR 35:210. Waste piles (Interim Status).
401 KAR 35:220. Land treatment (Interim Status).
401 KAR 35:230. Landfill (Interim Status).
401 KAR 35:240. Incinerators (Interim Status).
401 KAR 35:245. Containment buildings (Interim Status).
401 KAR 35:250. Thermal treatment (Interim Status).
401 KAR 35:260. Chemical, physical, and biological treatment (Interim Status).
401 KAR 35:270. Underground injection (Interim Status).
401 KAR 35:275. Air emission standards for process vents (Interim Status).
401 KAR 35:280. Air emission standards for equipment leaks (Interim Status).
401 KAR 35:281. Air emission standards for tanks, surface impoundments, and containers (Interim Status).
401 KAR 35:285. Drip pads (Interim Status).
401 KAR 35:290. Appendix on recordkeeping instructions (Interim Status).
401 KAR 35:310. Appendix on interim primary drinking water standards (Interim Status).
401 KAR 35:320. Appendix on tests for significance (Interim Status).
401 KAR 35:330. Appendix on examples of potentially incompatible waste (Interim Status).
401 KAR 35:340. Appendix on Compounds with Henry's Law Constant less than 0.1 Y/X (Interim Status).
401 KAR 35:350. Hazardous waste munitions and explosives storage (Interim Status)
Standards for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities
401 KAR 36:005. Definitions related to 401 KAR Chapter 36.
401 KAR 36:020. Hazardous waste burned in boilers and industrial furnaces.
401 KAR 36:025. Tables and procedures associated with the standards for the management of specific hazardous wastes and specific types of hazardous waste management facilities.
401 KAR 36:030. Recyclable materials used in a manner constitution disposal.
401 KAR 36:060. Recyclable materials used for precious metal recovery.
401 KAR 36:070. Spent lead-acid batteries being reclaimed.
401 KAR 36:080. Military munitions.
401 KAR 36:090. Conditional exemption for low-level mixed waste storage and disposal.
Land Disposal Restrictions
401 KAR 37:005. Definitions related to 401 KAR Chapter 37.
401 KAR 37:010. General provisions for land disposal restrictions.
401 KAR 37:020. Schedule for land disposal prohibition and establishment of treatment standards.
401 KAR 37:030. Prohibitions on land disposal.
401 KAR 37:040. Treatment standards.
401 KAR 37:050. Prohibitions on storage.
401 KAR 37:060. Appendix to 401 KAR Chapter 37.
Hazardous Waste Permitting Process
401 KAR 38:005. Definitions related to 401 KAR Chapter 38.
401 KAR 38:010. General provisions for permitting.
401 KAR 38:020. Interim status provisions.
401 KAR 38:025. Permit review and determination timetables.
401 KAR 38:030. Conditions applicable to all permits.
401 KAR 38:040. Changes to permits; expiration of permits.
401 KAR 38:050. Public information procedures.
401 KAR 38:060. Special types of permits.
401 KAR 38:070. Application procedures.
401 KAR 38:080. Contents of Part A application.
401 KAR 38:090. General contents of Part B application.
401 KAR 38:101. Repeal of 401 KAR 38:100.
401 KAR 38:150. Specific Part B requirements for containers.
401 KAR 38:160. Specific Part B information requirements for tanks.
401 KAR 38:170. Specific Part B requirements for surface impoundments.
401 KAR 38:180. Specific Part B requirements for waste piles.
401 KAR 38:190. Specific Part B requirements for incinerators.
401 KAR 38:200. Specific Part B requirements for land treatment facilities.
401 KAR 38:210. Specific Part B requirements for landfills.
401 KAR 38:230. Specific Part B requirements for miscellaneous units.
401 KAR 38:240. Specific Part B requirements for process vents.
401 KAR 38:250. Specific Part B requirements for equipment.
401 KAR 38:260. Specific Part B requirements for boilers and industrial furnaces burning hazardous waste.
401 KAR 38:270. Specific Part B information requirements for drip pads.
401 KAR 38:290. Specific Part B information requirements for air emission control for tanks, surface impoundments, and containers.
401 KAR 38:300. Specific Part B information requirements for postclosure permits.
401 KAR 38:310. Permit denial.
401 KAR 38:320. Remedial action plans.
401 KAR 38:330. Integration with Maximum Achievable Control Technology (MACT) standards.
401 KAR 38:500. Provisions for approval by the local government or the Kentucky Regional Integrated Treatment and Disposal Facility Siting Board.
Standards for Special Collection System Wastes
401 KAR 43:005. Definitions related to 401 KAR Chapter 43.
401 KAR 43:010. General standards for universal waste.
401 KAR 43:020. Standards for small quantity handlers of universal waste.
401 KAR 43:030. Standards for large quantity handlers of universal waste.
401 KAR 43:040. Standards for universal waste transporters.
401 KAR 43:050. Standards for destination facilities.
401 KAR 43:060. Import requirements.
401 KAR 43:070. Petitions to include other wastes under 401 KAR Chapter 43.
Waste Tires
401 KAR 44:005. Definitions related to 401 KAR Chapter 44.
401 KAR 44:010. Applicability.
401 KAR 44:020. Standards for used oil generators.
401 KAR 44:030. Standards for used oil collection centers and aggregation points.
401 KAR 44:040. Standards for used oil transporter and transfer facilities.
401 KAR 44:050. Standards for used oil processors and re-refiners.
401 KAR 44:060. Standards for used oil burners who burn off-specification used oil for energy recovery.
401 KAR 44:070. Standards for used oil fuel marketers.
401 KAR 44:080. Standards for use as a dust suppressant and disposal of used oil.
Division for Air Quality
New Source Performance Standards
401 KAR 60:020. Mercury Budget Trading Program.
Office of Administrative Hearings
Environmental Protection
401 KAR 100:010. General administrative hearing practice provisions.
EDUCATION CABINET
Office of Vocational Rehabilitation
Administration
781 KAR 1:020. General provisions for operation of the office of vocational rehabilitation. (Deferred from February)
781 KAR 1:040. Rehabilitation technology services. (Deferred from February)
Office for the Blind
Department for the Blind
782 KAR 1:010. Federal vocational rehabilitation program. (Deferred from February)
782 KAR 1:020. Definition of terms for 782 KAR Chapter 1. (Deferred from February)
782 KAR 1:030. Scope and nature of services. (Deferred from February)
782 KAR 1:051. Repeal of 782 KAR 1:050. (Deferred from February)
Department for Workforce Investment
Unemployment Insurance
787 KAR 1:020. Change of status; discontinuance of business. (Deferred from February)
787 KAR 1:030. Employer contributions. (Deferred from February)
787 KAR 1:050. Social Security number required of employees. (Deferred from February)
787 KAR 1:060. Separation for cause; reports. (Deferred from February)
787 KAR 1:070. Reasonable time for protesting claim. (Deferred from February)
787 KAR 1:080. Labor dispute or strike; notification. (Deferred from February)
787 KAR 1:090. Unemployed worker's reporting requirements. (Deferred from February)
787 KAR 1:110. Appeals. (Deferred from February)
787 KAR 1:140. Unemployment insurance fund payments. (Deferred from February)
787 KAR 1:150. Interstate claimants. (Deferred from February)
787 KAR 1:170. Cash value of board and lodging, board and lodging provided for convenience of employing unit. (Deferred from February)
787 KAR 1:180. Employer's records. (Deferred from February)
787 KAR 1:190. Recoupment and recovery. (Deferred from February)
787 KAR 1:210. Employer contribution rates. (Deferred from February)
787 KAR 1:220. Required reports and due dates. (Deferred from February)
787 KAR 1:230. Date of receipt of documents defined. (Deferred from February)
787 KAR 1:240. Fraud disqualifications. (Deferred from February)
787 KAR 1:250. Release of notice of levy. (Deferred from February)
787 KAR 1:260. Voluntary election of coverage. (Deferred from February)
787 KAR 1:270. Covered employment. (Deferred from February)
787 KAR 1:300. Successorship. (Deferred from February)
787 KAR 1:310. Claimant profiling. (Deferred from February)
ENVIRONMENTAL AND PUBLIC PROTECTION CABINET
Department of Public Protection
Office of Insurance
Health Insurance Contracts
806 KAR 17:480. Uniform evaluation and reevaluation of providers. (Amended After Comments)
ENVIRONMENTAL AND PUBLIC PROTECTION CABINET
Kentucky Horse Racing Authority
Thoroughbred Racing
810 KAR 1:080. International wagering hubs. (Amended After Comments) (Deferred from June)
Harness Racing
811 KAR 1:035. Claiming races. (Deferred from October)
811 KAR 1:045. Entries. (Deferred from October)
811 KAR 1:055. Declaration to start; drawing horses. (Amended After Comments) (Deferred from November)
811 KAR 1:075. Racing and track rules. (Deferred from October)
811 KAR 1:085. Conduct of racing. (Deferred from October)
811 KAR 1:090. Medication; testing procedures; prohibited practices. (Amended After Comments) (Deferred from November)
811 KAR 1:095. Disciplinary Measures and Penalties. (Not Amended After Comments) (Deferred from November)
811 KAR 1:100. Protests. (Deferred from October)
811 KAR 1:110. Timing and records. (Deferred from October)
Quarter Horse, Appaloosa, and Arabian Racing
811 KAR 2:120 & E. Kentucky Horse Breeders' Incentive Fund. ("E" expires 6/13/07) (Deferred from February)
CABINET FOR HEALTH AND FAMILY SERVICES
Department for Public Health
Radiation Operators Certification
902 KAR 105:040. General radiation operator requirements. (Deferred from January)
902 KAR 105:061. Repeal of 902 KAR 105:060. (Deferred from January)
902 KAR 105:070. Violations and endorsement. (Deferred from January)
Department for Medicaid Services
Medicaid Services
907 KAR 1:160 & E. Home and community based waiver services. ("E" expires 4/29/2007) (Amended After Comments)(Deferred from February)
Payment and Services
907 KAR 3:183 & E. Instate inpatient hospital special reimbursement. ("E" expires 6/25/07.)
Department for Community Based Services
K-TAP, Kentucky Works, Welfare to Work, State Supplementation
921 KAR 2:015 & E. Supplemental programs for persons who are aged, blind, or have a disability. ("E" expires 6/25/07.)
WILL BE REMOVED FROM FEBRUARY 2007 AGENDA TO
COMPLETE PUBLIC COMMENT PROCESS OR DUE TO DEFERRAL REQUEST
ENVIRONMENTAL AND PUBLIC PROTECTION CABINET
Department for Environmental Protection
Division of Waste Management
Identification and Listing of Hazardous Waste
401 KAR 31:005. Definitions related to 401 KAR Chapter 31. (Hearing/Written Comments)
401 KAR 31:010. General provisions for hazardous wastes. (Hearing/Written Comments)
401 KAR 31:020. Criteria for identifying the characteristics of hazardous waste and criteria for listing. (Hearing/Written Comments)
401 KAR 31:030. Characteristics of hazardous waste. (Hearing/Written Comments)
401 KAR 31:040. Lists of hazardous wastes. (Hearing/Written Comments)
401 KAR 31:050. General provisions for special wastes. (Hearing/Written Comments)
401 KAR 31:070. Delisted hazardous waste streams. (Hearing/Written Comments)
401 KAR 31:100. Representative sampling methods. (Hearing/Written Comments)
401 KAR 31:110. Method 1311 toxicity characteristic leaching procedure. (Hearing/Written Comments)
401 KAR 31:121. Repeal of 401 KAR 31:060, 31:120, and 31:190. (Hearing/Written Comments)
401 KAR 31:160. Appendix on basis for listing hazardous waste. (Hearing/Written Comments)
401 KAR 31:170. Appendix on hazardous waste constituents. (Hearing/Written Comments)
Standards Applicable to Generators of Hazardous Waste
401 KAR 32:005. Definitions related to 401 KAR Chapter 32. (Hearing/Written Comments)
401 KAR 32:010. General provisions for generators. (Hearing/Written Comments)
401 KAR 32:020. Manifest system. (Hearing/Written Comments)
401 KAR 32:030. Pretransport requirements. (Hearing/Written Comments)
401 KAR 32:040. Recordkeeping and reporting. (Hearing/Written Comments)
401 KAR 32:050. Special conditions. (Hearing/Written Comments)
401 KAR 32:060. Farmers. (Hearing/Written Comments)
401 KAR 32:065. Transfrontier shipments of hazardous waste for recovery within the OECD. (Hearing/Written Comments)
401 KAR 32:100. Appendix on hazardous waste manifest and instructions. (Hearing/Written Comments)
Standards for Owners and Operators of Hazardous Waste Storage, Treatment and Disposal Facilities
401 KAR 34:005. Definitions related to 401 KAR Chapter 34. (Hearing/Written Comments)
401 KAR 34:010. General provisions for facilities. (Hearing/Written Comments)
401 KAR 34:020. General facility standards. (Hearing/Written Comments)
401 KAR 34:030. Preparedness and prevention. (Hearing/Written Comments)
401 KAR 34:040. Contingency plan and emergency procedures. (Hearing/Written Comments)
401 KAR 34:050. Manifest system, recordkeeping and reporting. (Hearing/Written Comments)
401 KAR 34:060. Releases from solid waste management units. (Hearing/Written Comments)
401 KAR 34:070. Closure and postclosure. (Hearing/Written Comments)
401 KAR 34:180. Use and management of containers. (Hearing/Written Comments)
401 KAR 34:190. Tank systems. (Hearing/Written Comments)
401 KAR 34:200. Surface impoundments. (Hearing/Written Comments)
401 KAR 34:210. Waste piles. (Hearing/Written Comments)
401 KAR 34:220. Land treatment. (Hearing/Written Comments)
401 KAR 34:230. Landfills. (Hearing/Written Comments)
401 KAR 34:240. Incinerators. (Hearing/Written Comments)
401 KAR 34:245. Containment buildings. (Hearing/Written Comments)
401 KAR 34:250. Miscellaneous units. (Hearing/Written Comments)
401 KAR 34:275. Air emission standards for process vents. (Hearing/Written Comments)
401 KAR 34:280. Air emission standards for equipment leaks. (Hearing/Written Comments)
401 KAR 34:281. Air emission standards for tanks, surface impoundments, and containers. (Hearing/Written Comments)
401 KAR 34:285. Drip pads. (Hearing/Written Comments)
401 KAR 34:287. Special provisions for cleanup. (Hearing/Written Comments)
401 KAR 34:290. Recordkeeping instructions. (Hearing/Written Comments)
401 KAR 34:320. Cochran's approximation to the Behrens-Fisher Students' T-Test. (Hearing/Written Comments)
401 KAR 34:330. Examples of potentially incompatible waste. (Hearing/Written Comments)
401 KAR 34:360. List of hazardous constituents for groundwater monitoring. (Hearing/Written Comments)
401 KAR 34:370. Hazardous waste munitions and explosives storage. (Hearing/Written Comments)
ENVIRONMENTAL AND PUBLIC PROTECTION CABINET
Department of Public Protection
Board of Tax Appeals
Tax Appeals
802 KAR 1:010. Hearing procedures. (Written Comments Received)
CABINET FOR HEALTH AND FAMILY SERVICES
Department for Public Health
Office of the Inspector General
906 KAR 1:150. Uniform evaluation and reevaluation of a health care professional. (Written Comments Received)