The Kentucky Division of Waste Management promulgates regulations for four primary reasons:
     •   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

Below are the steps associated with the standard promulgation process. Links provide additional information for any given step. 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 KRS Chapter 13A. This statute should be consulted as the final authority on regulation promulgation.

1. The Division of Waste Management prepares a proposed regulation package and files it with the the Legislative Research Commission (LRC).

2. The LRC publishes the proposed regulation package in the Administrative Register of Kentucky.

3. The division holds a public hearing on the package at the public's request; verbal and written comments are received.

4. The division prepares a Statement of Consideration in response to public comments and amends the proposed regulation package as appropriate; the Statement of Consideration and proposed regulation package are then filed with the LRC and given to all commenters.

5. The LRC publishes the amended regulation package in the Administrative Register of Kentucky.

6. The Legislature's Administrative Regulation Review Subcommittee reviews the amended proposed package.

7. The Legislature's Agriculture and Natural Resources Committee reviews the amended proposed package.

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1.  The Division of Waste Management Prepares Proposed Regulation Package and Files Package with 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.  LRC Publishes Proposed Regulation Package. The proposed regulations and all the supporting documents (Regulatory Impact Analyses, Fiscal Note, etc.) are published in the Administrative Register of Kentucky.

3.  Division Holds Public Hearing on Proposed Regulation Package; Verbal and Written Comments 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 given 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 will 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. 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.  Division Prepares and Files Statement of Consideration and Amendments to Proposed Regulation Package. 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.  LRC Publishes Amended Regulation Package. 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. Administrative Regulation Review Subcommittee Reviews 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. Agriculture and Natural Resources Committee Reviews 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.