ALABAMA ADMINISTRATIVE MONTHLY
VOLUME XXXV, ISSUE NO. 6

APRIL 28, 2017

DATE OF PUBLICATION


FILINGS BY AGENCY

AGRICULTURAL DEVELOPMENT AGENCY
Certified New Rules:
Chapter 108-1-1 Legal Authority
Chapter 108-1-2 Definitions
Chapter 108-1-3 Loan Programs
Chapter 108-1-4 Adoption of Rules and Regulations

ATHLETIC TRAINERS, BOARD OF
Proposed Amended Rules:
140-X-4-.02 Requisites for Renewal
140-X-4-.03 Continuing Education
140-X-5-.02 Administrative Fee Schedule

Proposed Repealed Rule:
Appendix A Continuing Education Guidelines and Form

Proposed New Rule:
Appendix A Continuing Education Guidelines and Form

CHIROPRACTIC EXAMINERS, BOARD OF
Certified Amended Rules:
190-X-1-.18 Fees
190-X-4-.06 Discipline

ECONOMIC AND COMMUNITY AFFAIRS, DEPARTMENT OF
Proposed Repealed Rule:
Chapter 305-6-1 ADECA Audit Policy

(Alabama Energy and Residential Codes Board)
Proposed Amended Rule:
305-2-4-.10 Residential Energy Code

Certified Amended Rules:
305-2-4-.02 Organization and Administration
305-2-4-.09 Residential Building Codes

Certified Repealed Rules:
305-2-4-.03 Administration
305-2-4-.04 Term Limits

Certified New Rules:
305-2-4-.03 Officers
305-2-4-.04 Subcommittees

EDUCATION, COMMISSION ON HIGHER
Certified Amended Rules:
300-4-2-.04 Definition of Terms
300-4-2-.05 Fund Allocation Procedure
300-4-2-.06 Awarding Procedures
300-4-2-.07 Refund and Repayment Requirements
300-4-3-.01 Definition of Terms
300-4-4-.04 Awarding Procedures

ENVIRONMENTAL MANAGEMENT, DEPARTMENT OF
Certified Amended Rules:
335-3-1-.02 Definitions
335-3-3-.05 Incineration of Commercial and Industrial Solid Waste
335-3-4-.08 Wood Waste Boilers
335-3-8-.39 TR NOX Ozone Season Trading Program – Purpose and Definitions
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-.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
335-3-8-.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
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
335-3-14-.01 General Provisions
335-3-14-.04 Air Permits Authorizing Construction in Clean Air Areas [Prevention of Significant Deterioration Permitting (PSD)]
335-3-14-.05 Air Permits Authorizing Construction in or Near Non-Attainment Areas
335-3-14-.06 Requirements for Control Technology [Determinations for Major Sources in Accordance with Clean Air Act Section 112(g)]
335-3-15-.05 Public Participation
335-3-16-.15 Permit Review by EPA, Affected States and Public
335-3-19-.01 Definitions
335-3-19-.02 General Provisions
335-3-19-.03 Standards for Existing Municipal Solid Waste Landfills
335-3-19-.04 Compliance Schedules
335-3-19-.05 Petition for Alternative Standards and Compliance Schedules
Division 335-3 Appendix C – EPA Regulations Reference Documents for New Source Performance Standards and National Emission Standards for Hazardous Air Pollutants

FINANCE, DEPARTMENT OF
(Real Property Management, Division of Construction Management)
Certified Amended Rule:
Chapter 355-10-1 Construction Industry Craft Training Fees

FORENSIC SCIENCES, DEPARTMENT OF
Certified New Rule:
370-4-1-.01 Determination of Tetrahydrocannabinol (THC) Content in Cannabidiol (CBD) or any Other Preparation Thereof

HEALTH, DEPARTMENT OF PUBLIC
Certified Repealed Rule:
Chapter 420-3-5 Solid Waste Collection and Transportation

Certified New Rule:
Chapter 420-3-5 Solid Waste Collection and Transportation

Disapproval of Rule by Joint Committee on Administrative Regulation Review:
Chapter 420-7-2 Appendix A – Controlled Substances List

INSURANCE, DEPARTMENT OF
Proposed Amended Rules:
482-1-071-.03 Applicability and Scope
482-1-071-.07 Minimum Benefit Standards for Pre-Standardized Medicare Supplement Benefit Plan Policies or Certificates Issued for Delivery Prior to March 25, 1996
482-1-071-.09-1 Standard Medicare Supplement Benefit Plans for 2010 Standardized Medicare Supplement Benefit Plan Policies or Certificates Issued for Delivery with an Effective Date for Coverage on or after January 1, 2010
482-1-071-.17 Required Disclosure Provisions
482-1-071-.19 Filing Requirements for Advertising
482-1-110-.06 Education Provider Requirements
482-1-138-.04 Annual Audit
482-1-159-.03 Grant Award Eligibility
482-1-159-.04 Grant Award Allocations
482-2-101-.01 Adoption of National Fire Codes® (2013 Ed.); Exceptions

Proposed New Rule:
482-1-071-.09-2 Standard Medicare Supplement Benefit Plans for 2020 Standardized Medicare Supplement Benefit Plan Policies or Certificates Issued for Delivery to Individuals Newly Eligible for Medicare on or after January 1, 2020

MEDICAID AGENCY
Proposed Amended Rule:
560-X-13-.17 Wheelchairs

Proposed New Rules:
560-X-64-.06 Solvency and Financial Requirements for Integrated Care Networks
560-X-64-.07 Service Delivery Network Requirements for Integrated Care Networks
560-X-64-.08 Active Supervision of Organizations with Probationary Certification

Miscellaneous Notices:
Public Notice Amendment to the Alabama State Plan for Medical Assistance (CMS-2345-FC)
Public Notice Amendment to the Alabama State Plan for Medical Assistance (Attachment 4.19-B)
Public Notice Notice of Intent to Submit a Family Planning Section §1115 Demonstration Waiver Extension

Emergency New Rules:
560-X-64-.06 Solvency and Financial Requirements for Integrated Care Networks
560-X-64-.07 Service Delivery Network Requirements for Integrated Care Networks
560-X-64-.08 Active Supervision of Organizations with Probationary Certification

MEDICAL EXAMINERS, BOARD OF
Proposed Amended Rule:
540-X-14-.10 Record Keeping Requirement (Continuing Medical Education)

Certified Repealed Rule:
Chapter 540-X-13 Alabama Physician Health Program

Certified New Rule:
Chapter 540-X-13 Alabama Physician Health Program

MENTAL HEALTH, DEPARTMENT OF
(Behavior Analyst Licensing Board)
Proposed New Rule:
Chapter 580-5-30B Behavior Analyst Licensing

NURSING, BOARD OF
Proposed Amended Rules:
610-X-7-.02 Delegation by School Nurses
610-X-7-.03 State of Alabama Independent Living (SAIL) Program
610-X-7-.06 Alabama Department of Mental Health Residential Community Programs

NURSING HOME ADMINISTRATORS, BOARD OF EXAMINERS OF
Proposed Amended Rules:
Appendix A Form 10 – AIT Program Outline – 1000 Hour
Appendix A Form 11 – AIT Program Outline – 2000 Hour
Appendix A Form 12 – Certification of Program Completion – 1000 Hour
Appendix A Form 13 – Certification of Program Completion – 2000 Hour
Appendix A Form 18 – AIT Program Outline – 200 Hour
Appendix A Form 19 – Certification of Program Completion – 200 Hour
Appendix A Form 20 – AIT Program Outline – 500 Hour
Appendix A Form 21 – Certification of Program Completion – 500 Hour

REAL ESTATE APPRAISERS BOARD
Proposed Amended Rule:
780-X-4-.08 Miscellaneous Fees

REAL ESTATE COMMISSION
Proposed Amended Rule:
790-X-1-.03 License Requirements

REVENUE, DEPARTMENT OF
Proposed New Rule:
810-7-1-.31 Procedures for Disposition of Confiscated Tobacco Products

Certified Amended Rules:
810-3-2-.03 Estates, Trusts and Fiduciaries Subject to Alabama Income Tax
810-3-25-.07 Estates and Trusts, Miscellaneous Information
810-3-174-.02 Built-in Gains Tax
810-3-175-.01 Passive Investment Income Tax

Certified Repealed Rule:
810-5-1-.202 Personalized License Tags – Rejection of Objectionable Language or Symbols

MISCELLANEOUS NOTICES

EMERGENCY RULES

CERTIFIED ADOPTED RULES

DISAPPROVAL OF RULE BY JOINT COMMITTEE ON ADMINISTRATIVE REGULATION REVIEW

RULES THAT SIGNIFICANTLY LESSEN COMPETITION UNDER
ACT 2016-256