The promulgation process for regulations on this page only relates to regulations promulgated via the Division of Waste Management.
This page does not address the promulgation of emergency regulations or other exceptions to normal promulgation procedures. Also note that the promulgation process is controlled by Kentucky Revised Statute (KRS) Chapter 13A. This statute should be consulted as the final authority on regulation promulgation.
- As an effort to streamline processes or improve process efficiency.
- To keep up with advances in science or technology.
- To reflect changes in federal regulation.
- To reflect changes in Kentucky statutes.
1. The division prepares a proposed regulation package and files it with the the Legislative Research Commission (LRC).
The proposed regulations are developed based on goals set by division management, statutory requirements and limitations, a desire to maximize consistency with other regulatory programs, and the need to attain administrative efficiencies so that the program can be implemented effectively by the division and by the regulated public. The resulting proposed regulations, and a variety of supporting documents such as Regulatory Impact Analyses and Fiscal Note on Local Government, are filed with LRC. These documents then become available for public review.
2. The LRC publishes the proposed regulation package in the Administrative Register of Kentucky.
The proposed regulations and all the supporting documents (regulatory impact analyses, fiscal note, etc.) are published in the Administrative Register of Kentucky.
3. The division holds a public hearing on the proposed regulation package during which verbal and written comments are received.
A public hearing is automatically scheduled for every proposed regulation package. The division does not respond to comments at these hearings, since the comments must be reviewed internally before the division makes an official decision to accept or reject any suggestion given in a comment. The time and place of this hearing is reflected in a series of paragraphs at the end of each proposed regulation; however, the division may cancel the hearing if the public has not indicated any interest in participating in the hearing. Accordingly, you should not assume that a hearing that has been scheduled will, in fact, be held. Contact the division representative to verify whether the hearing will occur.
Regardless of whether the hearing takes place, the division accepts and encourages written comments on proposed regulations when received in the public comment period. Written comments can be submitted in accordance with instructions provided in the paragraphs following the proposed regulation. Written comments are given the same consideration as comments voiced at the hearing.
4. The division prepares and files a Statement of Consideration and amendments to the proposed regulation package in response to comments.
The Statement of Consideration is a document prepared by the division that provides a response to each comment received during the public comment period. Verbal and written comments receive equal consideration. If the division accepts a recommendation made by a commenter, appropriate changes are made to the proposed regulation package. When the statement is completed, it is filed with LRC, along with the amendments to the proposed regulation package. A copy of the statement and the amendments is then mailed to each person who commented on the proposed package.
5. The LRC publishes the amended regulation package in the Administrative Register of Kentucky.
The proposed regulation package, as amended in response to public comments, is published in the Administrative Register of Kentucky. Statements of Consideration are not published in the Administrative Register.
6. The Legislature's Administrative Regulation Review Subcommittee reviews the amended proposed package.
The Administrative Regulation Review Subcommittee is a body of the Kentucky Legislature supported by LRC staff. This subcommittee reviews all proposed regulations, regardless of subject matter. Regulation packages can be amended in front of this subcommittee, subject to certain statutory limitations imposed by KRS Chapter 13A.
7. The Legislature's Agriculture and Natural Resources Committee then reviews the amended proposed package.
After a regulation package is reviewed by the Administrative Regulation Review Subcommittee, the package is sent for review by a "jurisdictional" committee specializing in the subject matter of the proposed package. For the division’s regulations, this jurisdictional committee is normally the Agriculture and Natural Resources Committee. Regulation packages can be amended in front of this committee, subject to certain statutory limitations imposed by KRS Chapter 13A. Unless the Administrative Regulation Review Subcommittee or the Agriculture and Natural Resources Committee objects to a proposed regulation package, the package normally takes effect upon adjournment of the Agriculture and Natural Resources Committee meeting. If the regulation package is not placed on the Agriculture and Natural Resources Committee’s agenda it becomes effective 30 days from the date it was referred to the Agriculture and Natural Resources Committee from the Administrative Regulation Review Subcommittee.
