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Energy and Environment Cabinet

Division of Water

Division of Water
Regulations in Process

Regulation Promulgation Process

Promulgation is the formal process of putting an administrative regulation into effect. The document below, prepared by DOW, is an informal interpretation of the process for promulgating administrative regulations, as governed by KRS Chapter 13A. It is not a complete legal interpretation of the statute. KRS Chapter 13A is available through the Web site of the LRC. Please see the explanation of the LRC Web site at the top of this page.

Regulation Promulgation Process 

Newly Effective Administrative Regulations

Several administrative regulations have recently completed the promulgation process.  The official version of these administrative regulations will be available on the LRC Title 401 Web site.

Please click here for a table of newly effective regulations.

Status of Division of Water Administrative Regulations

Division of Water is proposing amendments to the following administrative regulations:

Wastewater Laboratory Certification Program

The DOW filed the Wastewater Laboratory Certification Program regulation (401 KAR 5:320) with the Legislative Research Commission (LRC) on June 14, 2013. On July 9, the Administrative Regulation Review Subcommittee (ARRS) of the LRC took up the proposed regulation and approved the technical amendments to the regulation. On Aug. 7, the proposed regulation will be referred for consideration to the appropriate jurisdictional committee, namely, the Interim Joint Committee on Natural Resources and Environment. The joint committee will have 30 days to take up the regulation. See below for the amended regulation, Statement of Consideration, amended technical manual and amended application.

Water Quality Standards Regulations

The Division of Water filed these proposed amended administrative regulations with the Legislative Research Commission (LRC) on Aug. 15, 2012:

The public hearing for these proposed administrative regulations was held on Sept. 27, 2012; several members of the public attended this public hearing, and one individual provided verbal comments.  Written comments were accepted through Oct. 1, 2012; the cabinet received numerous written comments.  The Statements of Consideration were filed with LRC on Nov. 14, 2012 along with amendments to 401 KAR 10:031. The DOW filed an additional Statement of Consideration and amendments to 401 KAR 10:031 with LRC on Feb. 5, 2013.  The regulations were taken up by the Administrative Regulation Review Subcommittee (ARRS) with the exception of 401 KAR 10:030, which has been deferred to continue to address issues raised by the stakeholders. The remaining regulations were adopted into law on the following dates:

Chapter Title ​Effective Date
​401 KAR 10:001 ​Definitions for KAR Chapter 10 ​April 5, 2013
​401 KAR 10:026 ​Designation of uses of surface waters ​April 5, 2013
​401 KAR 10:031 ​Surface water standards ​May 31, 2013

The DOW submitted these regulations for EPA’s approval, in accordance with 33 U.S.C. § 1313 (c)(1) and 40 CFR 131.20(a) on May 23, 2013.  Kentucky received EPA's final decisionEPA's final decision on Nov. 15, 2013. EPA has approved all changes to Kentucky’s water quality standards with the exception of one item.

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