KRS 77.185: Public hearing to be held before enactment of orders, rules, or regulations --

Adoption of procedural rules for the promulgation of regulations.

(1) The air pollution control board shall not enact any order, rule, or regulation until it

first holds a p ublic hearing thereon. It shall give notice of the public hearing by

publication pursuant to KRS Chapter 424.

(2) The air pollution control board shall, by regulation, adopt procedural rules for the

promulgation of regulations. These rules shall provide th e public with a fair and

reasonable opportunity for review of and comment on all proposed actions on

regulations and shall ensure that the board provides full consideration to all written

and oral comments prior to promulgating final regulations. The rules shall, at a

minimum, provide the public with:

(a) At least thirty (30) days' notice prior to a public hearing on proposed actions

on regulations;

(b) Copies of the proposed actions at the time of the notice;

(c) A written response to all comments submitted on the proposed actions;

(d) A written statement explaining the basis for any substantive amendments

made to a proposed action on regulations after its initial proposal; and

(e) An assessment of the regulatory impact on the regulated community and the

public of each proposed action on regulations. The regulatory impact

assessment shall include the estimated costs and savings associated with the

action, the feasibility of all alternatives considered, and a comparison with any

minimum or uniform standards u nder the Clean Air Act of 1963 as amended

by the Clean Air Act Amendments of 1990 or any other federal requirement.

The board may rely on reasonably available information in assessing the

regulatory impact of its regulatory actions. The regulatory impact a ssessment

required by this subsection need not be developed when the proposed

regulatory action is substantively identical to federal standards or

requirements.