ALABAMA ADMINISTRATIVE MONTHLY
VOLUME XXXIV, ISSUE NO. 1

OCTOBER 30, 2015

DATE OF PUBLICATION


FILINGS BY AGENCY

ACCOUNTANCY, BOARD OF PUBLIC
Miscellaneous Notice:
Public Notice Change in location of Public Hearing for Amendment to the Chapter 30-X-1, Examinations, Qualifications of Candidates, Applications, Passing Grades, Conditioned Subjects, Transfer of Credits, Issuance of Certificates

ATHLETIC COMMISSION
Proposed Amended Rules:
165-X-1-.04 Medical Requirements
165-X-2-.04 Medical Requirements
165-X-3-.04 Medical Requirements

CHIROPRACTIC EXAMINERS, BOARD OF
Proposed Amended Rules:
190-X-1-.11 Records
190-X-1-.13 Directory of Licensees Published
190-X-2-.17 Non Licensed Chiropractic Practice Ownership
190-X-7-.01 Preceptor Doctor

Certified Amended Rules:
190-X-1-.02 Composition and Selection of Board
190-X-1-.18 Fees
190-X-2-.01 Requirements for Licensure by Examination
190-X-2-.08 Verification of Licensure
190-X-2-.11 Renewal of License
190-X-2-.12 Reinstatement of Lapsed License/Clinic Permit
190-X-2-.13 Replacement License/Permit, Name Change or Duplicate
190-X-2-.14 Retirement of License
190-X-5-.12 Aiding Unauthorized Practice Prohibited

Certified Repealed Rule:
190-X-4-.08 Restoration of a Refused, Revoked or Cancelled License


CONSERVATION AND NATURAL RESOURCES, DEPARTMENT OF
Certified Amended Rule:
220-2-.55 Wildlife Management Areas, Community Hunting Areas, Public Hunting Areas, and Refuges of Alabama

DOCKS, STATE
Miscellaneous Filing:
General Cargo/Intermodal Tariff 1-E
The Bulk Division Tariff No. 2
Terminal Railway Tariff No. 8017 Supplement 73

EDUCATION, DEPARTMENT OF
Certified Amended Rules:
290-2-1-.01 Annual Apportionment of the Foundation Program Funds
290-2-1-.02 Annual Apportionment of Current Units
290-2-1-.05 Annual Apportionment of At-Risk Funds
290-3-1-.02 Regulations Governing Public Schools

ENVIRONMENTAL MANAGEMENT, DEPARTMENT OF
Proposed Amended Rules:
335-14-1-.02 Definitions and References
335-14-1-.03 Petitions for Equivalent Testing or Analytical Methods
335-14-2-.01 General
335-14-2-.04 Lists of Hazardous Waste
335-14-2-.05 Exclusions/Exemptions
335-14-3-.03 Pre-Transport Requirements
335-14-3-.05 Exports of Hazardous Waste
335-14-3-.08 Special Requirements for Generators of Waste Destined For Disposal at Commercial Hazardous Waste Disposal Facilities Located in the State of Alabama
335-14-5-.07 Closure and Post-Closure
335-14-5-.15 Incinerators

Proposed New Rules:
335-14-2-.08 Financial Requirements for Management of Excluded Hazardous Secondary Materials
335-14-2-.09 Use and Management of Containers
335-14-2-.10 Tank Systems
335-14-2-.13 Emergency Preparedness and Response for Management of Excluded Hazardous Secondary Materials
335-14-2-.27 Subpart AA – Air Emission Standards for Process Vents
335-14-2-.28 Subpart BB – Air Emission Standards for Equipment Leaks
335-14-2-.29 Subpart CC – Air Emission Standards for Tanks, Surface Impoundments, and Containers
Chapter 335-14-2 Appendix IX - Wastes Excluded Under 335-14-1-.03(2)

Certified Amended Rules:
335-3-1-.02 Definitions
335-3-10-.01 General
335-3-10-.02 Designated Standards of Performance
335-3-10-.03 Appendices to 40 CFR 60
335-3-11-.01 General
335-3-11-.02 Designated Emission Standards
335-3-11-.03 Appendices to 40 CFR 61
335-3-11-.06 National Emission Standards for Hazardous Air Pollutants for Source Categories
335-3-11-.07 Appendices to 40 CFR 63
335-3-11A-.01 General
335-3-11A-.02 Designated Emission Standards
Division 335-3 Appendix C – EPA Regulations Reference Documents for New Source Performance Standards and National Emission Standards for Hazardous Air Pollutants

Certified New Rules:
335-3-5-.06 TR SO2 Trading Program – Purpose and Definitions
335-3-5-.07 TR SO2 Trading Program – Applicability
335-3-5-.08 TR SO2 Trading Program – Retired Unit Exemption
335-3-5-.09 TR SO2 Trading Program – Standard Requirements
335-3-5.-10 TR SO2 Trading Program – Computation of Time
335-3-5-.11 Administrative Appeal Procedures
335-3-5-.12 SO2 Trading Budgets and Variability Limits
335-3-5-.13 TR SO2 Allowance Allocations
335-3-5-.14 Authorization of Designated Representative and Alternate Designated Representative
335-3-5-.15 Responsibilities of Designated Representative and Alternate Designated Representative
335-3-5-.16 Changing Designated Representative and Alternate Designated Representative, Changes in Owners and Operators, Changes in Units at the Source
335-3-5-.17 Certificate of Representation
335-3-5-.18 Objections Concerning Designated Representative and Alternate Designated Representative
335-3-5-.19 Delegation by Designated Representative and Alternate Designated Representative
335-3-5-.21 Establishment of Compliance Accounts, Assurance Accounts, and General Accounts
335-3-5-.22 Recordation of TR SO2 Allowance Allocations and Auction Results
335-3-5-.23 Submission of TR SO2 Allowance Transfers
335-3-5-.24 Recordation of TR SO2 Allowance Transfers
335-3-5-.25 Compliance with TR SO2 Emissions Limitation
335-3-5-.26 Compliance with TR SO2 Assurance Provisions
335-3-5-.27 Banking
335-3-5-.28 Account Error
335-3-5-.29 Administrator’s Action on Submissions
335-3-5-.31 General Monitoring, Recordkeeping, and Reporting Requirements
335-3-5-.32 Initial Monitoring System Certification and Recertification Procedures
335-3-5-.33 Monitoring System Out-of-Control Periods
335-3-5-.34 Notifications Concerning Monitoring
335-3-5-.35 Recordkeeping and Reporting
335-3-5-.36 Petitions for Alternatives to Monitoring. Recordkeeping, or Reporting Requirements
335-3-8-.07 TR NOX Annual Trading Program – Purpose and Definitions
335-3-8-.08 TR NOX Annual Trading Program - Applicability
335-3-8-.09 TR NOX Annual Trading Program – Retired Unit Exemption
335-3-8-.10 TR NOX Annual Trading Program – Standard Requirements
335-3-8-.11 TR NOX Annual Trading Program – Computation of Time
335-3-8-.12 Administrative Appeal Procedures
335-3-8-.13 NOX Annual Trading Budgets and Variability Limits
335-3-8-.14 TR NOX Annual Allowance Allocations
335-3-8-.16 Authorization of Designated Representative and Alternate Designated Representative
335-3-8-.17 Responsibilities of Designated Representative and Alternate Designated Representative
335-3-8-.18 Changing Designated Representative and Alternate Designated Representative; Changes in Owners and Operators; Changes in Units at the Source
335-3-8-.19 Certificate of Representation
335-3-8-.20 Objections Concerning Designated Representative and Alternate Designated Representative
335-3-8-.21 Delegation by Designated Representative and Alternate Designated Representative
335-3-8-.23 Establishment of Compliance Accounts, Assurance Accounts, and General Accounts
335-3-8-.24 Recordation of TR NOX Annual Allowance Allocations and Auction Results
335-3-8-.25 Submission of TR NOX Annual Allowance Transfers
335-3-8-.26 Recordation of TR NOX Annual Allowance Transfers
335-3-8-.27 Compliance with TR NOX Annual Emissions Limitation
335-3-8-.28 Compliance with TR NOX Annual Assurance Provisions
335-3-8-.29 Banking
335-3-8-.30 Account Error
335-3-8-.31 Administrator’s Action on Submissions
335-3-8-.33 General Monitoring, Recordkeeping, and Reporting Requirements
335-3-8-.34 Initial Monitoring System Certification and Recertification Procedures
335-3-8-.35 Monitoring System Out-of-Control Periods
335-3-8-.36 Notifications Concerning Monitoring
335-3-8-.37 Recordkeeping and Reporting
335-3-8-.38 Petitions for Alternatives to Monitoring. Recordkeeping, or Reporting Requirements
335-3-8-.39 TR NOX Ozone Season Trading Program – Purpose and Definitions
335-3-8-.40 TR NOX Ozone Season Trading Program – Applicability
335-3-8-.41 TR NOX Ozone Season Trading Program – Retired Unit Exemption
335-3-8-.42 TR NOX Ozone Season Trading Program – Standard Requirements
335-3-8-.43 TR NOX Ozone Season Trading Program – Computation of Time
335-3-8-.44 Administrative Appeal Procedures
335-3-8-.45 NOX Ozone Season Trading Budgets and Variability Limits
335-3-8-.46 TR NOX Ozone Season Allowance Allocations
335-3-8-.48 Authorization of Designated Representative and Alternate Designated Representative
335-3-8-.49 Responsibilities of Designated Representative and Alternate Designated Representative
335-3-8-.50 Changing Designated Representative and Alternate Designated Representative; Changes in Owners and Operators; Changes in Units at the Source
335-3-8-.51 Certificate of Representation
335-3-8-.52 Objections Concerning Designated Representative and Alternate Designated Representative
335-3-8-.53 Delegation by Designated Representative and Alternate Designated Representative
335-3-8-.55 Establishment of Compliance Accounts, Assurance Accounts, and General Accounts
335-3-8-.56 Recordation of TR NOX Ozone Season Allowance Allocations and Auction Results
335-5-8-.57 Submission of TR NOX Ozone Season Allowance Transfers
335-3-8-.58 Recordation of TR NOX Ozone Season Allowance Transfers
335-3-8-.59 Compliance with TR NOX Ozone Season Emissions Limitation
335-3-8-.60 Compliance with TR NOX Ozone Season Assurance Provisions
335-3-8-.61 Banking
335-3-8-.62 TR NOX Ozone Season Trading Program – Account Error
335-3-8-.63 TR NOX Ozone Season Trading Program – Administrator’s Action on Submissions
335-3-8-.65 General Monitoring, Recordkeeping, and Reporting Requirements
335-3-8-.66 Initial Monitoring System Certification and Recertification Procedures
335-3-8-.67 Monitoring System Out-of-Control Periods
335-3-8-.68 Notifications Concerning Monitoring
335-3-8-.69 Recordkeeping and Reporting
335-3-8-.70 Petitions for Alternatives to Monitoring, Recordkeeping, or Reporting Requirements

FIRE COLLEGE AND PERSONNEL STANDARDS COMMISSION
Proposed Amended Rules:
360-X-7-.02 Certified Fire Apparatus Operator: Pumper (Formerly Rule 360-X-7-.01)
360-X-7-.03 Certified Fire Apparatus Operator: Aerial (Formerly Rule 360-X-7-.02)
360-X-7-.04 Certified Fire Apparatus Operator: Aircraft Rescue and Firefighting (Formerly Rule 360-X-7-.03)
360-X-7-.05 Certified Apparatus Operator: Mobile Water Supply (Formerly Rule 360-X-7-.04)

Proposed New Rule:
360-X-7-.01 Certified Emergency Vehicle Driver

HEALTH, DEPARTMENT OF PUBLIC
Proposed Amended Rules:
420-5-1-.03 Patient Care
Chapter 420-7-2 Appendix A – Controlled Substances List

Certified New Rule:
420-3-26-.15 Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material


HEATING, AIR CONDITIONING AND REFRIGERATION CONTRACTORS, BOARD OF
Certified Amended Rule:
440-X-3-.15 Background Checks

Certified New Rules:
440-X-3-.10 Fees and Charges
440-X-3-.16 Duct Air Tightness Testing Contractor

HISTORICAL COMMISSION
Proposed Amended Rule:
Chapter 460-X-24 Fees

HUMAN RESOURCES, DEPARTMENT OF
Proposed Repealed Rule:
660-5-22-.06 Subsidized Adoption

Proposed New Rule:
660-5-22-.06 Subsidized Adoption

Emergency Repealed Rule:
660-5-22-.06 Subsidized Adoption

Emergency New Rule:
660-5-22-.06 Subsidized Adoption

INSURANCE, DEPARTMENT OF
Proposed Amended Rules:
482-1-110-.06 Education Provider Requirements
Chapter 482-2-103 Fire Protection Sprinkler Requirements
Chapter 482-3-002 Preneed Fees and Fines 25

Proposed Repealed Rule:
Chapter 482-2-104 Explosives Safety Act Variation Fee

Proposed New Rules:
Chapter 482-1-160 Adjustment of Service Contract Provider and Premium Finance Company Fees
Chapter 482-2-105 Fireworks Permit Fees
Chapter 482-2-106 Explosives Permit Fees
Chapter 482-2-107 Cigarette Certification Fee
Chapter 482-2-108 Fire Alarm Permit Fee

LABOR, DEPARTMENT OF
Proposed Amended Rule:
480-7-5-.08 Existing Installations

LIQUEFIED PETROLEUM GAS BOARD
Certified Amended Rule:
530-X-2-.04 Procedures for Liquefied Petroleum Gas Filling Stations

Certified Repealed Rules:
530-X-2-.05 Procedures for Reporting Incidents
530-X-2-.17 Flame Effects Before a Proximate Audience

Certified New Rule:
530-X-2-.05 Reporting Incidents/Vehicle Accidents/Complaints

MEDICAID AGENCY
Proposed Amended Rule:
Chapter 560-X-33 Recoupments, Estate Recoveries and Liens 27

Proposed New Rule:
560-X-62-.25 Surplus Notes

Miscellaneous Notices:
Public Notice Amendment to the Alabama State Plan for Medical Assistance
Public Notice Amendment to the Alabama State Plan for Medical Assistance

MEDICAL EXAMINERS, BOARD OF
Proposed Amended Rules:
540-X-7-.01 Definitions
540-X-7-.23 Requirements for Supervised Practice – Physician Assistants (P.A.)
540-X-7-.24 Covering Physicians for Physician Assistants (P.A.)
540-X-7-.28 Prescriptions and Medication Orders – Physician Assistants (P.A.)
540-X-19-.05 Training Requirements, Medical Director, Other Requirements

Certified Amended Rules:
540-X-7-.26 Limitations upon Utilization of Physician Assistants
Chapter 540-X-12 Appendix B – Renewal of a Qualified Alabama Controlled Substances Certificate
Chapter 540-X-18 Appendix B - Renewal of a Qualified Alabama Controlled Substances Certificate


PHARMACY, BOARD OF
Proposed Amended Rules:
680-X-2-.07 Mail Order Prescriptions
680-X-2-.18 Institutional Pharmacies

REAL ESTATE APPRAISERS BOARD
Certified Amended Rules:
780-X-17-.09 Appraiser Qualifications
780-X-17-.11 Appraiser Competency
780-X-17-.18 Business Practices

Certified New Rule:
780-X-1-.17 Study of Customary and Reasonable Fee for Appraisals of Alabama Properties

REVENUE, DEPARTMENT OF
Proposed Amended Rule:
810-5-1.-470 Reciprocity Trip Permits

Certified Amended Rules:
810-4-1.-09 Valuation of Aircraft
810-4-1.-18 Synchronization of Taxation and Registration System – Assessment Procedures

SECRETARY OF STATE, OFFICE OF THE
Proposed New Rule:
820-2-2-.30 Report of Voter’s Change of Residence or Death Form

Emergency New Rule:
820-2-2-.30 Report of Voter’s Change of Residence or Death Form

Certified Amended Rule:
Chapter 820-1-1 Organization of the Office of the Secretary of State and Construction of the Rules

TRANSPORTATION, DEPARTMENT OF
Proposed Amended Rule:
Chapter 450-3-1 Maintenance

MISCELLANEOUS NOTICES

EMERGENCY RULES

CERTIFIED ADOPTED RULES

MISCELLANEOUS FILING