ADEM holds hearing on proposed revisions to administrative code, adds proposed medical-waste chapter

The Alabama Department of Environmental Management held a public hearing May 6 in Montgomery to receive comment on proposed revisions to ADEM Administrative Code Division 335-17, including a proposed new Chapter 8 that would establish procedures and requirements for registration and permitting of medical waste facilities.

Tom Burks, the designated hearing officer for ADEM, opened the hearing and described the notice and recordkeeping steps for the rulemaking. Burks said the department published notice in the Call News, the Cullman Times, the Tuscaloosa News and the Montgomery Advertiser on March 19, 2025, and published the notice in the Alabama Administrative Monthly (Vol. 43, No. 6) on March 31, 2025. Burks also stated the department mailed the notice to 2,970 individuals and organizations that had requested advance notice of rulemaking.

Arnold Mayberry, chief of the assessment section of ADEM’s Land Division, summarized the department’s stated reasons for the revisions. Mayberry said the proposed changes would update and reorganize existing provisions to improve clarity and reflect lessons learned in implementing chapters 1–7 and 9. He said the proposal would add a new Chapter 8 to include procedures and requirements for registration and permitting of medical waste facilities. "The department welcomes your input," Mayberry said, and noted the department will consider technical comments before making a final decision and will respond to commenters who request notice of the department’s decisions.

Burks explained the administrative process for the record: copies of the proposed rules (submitted as Exhibit B-1) and a summary of reasons supporting adoption (Exhibit B-2) were placed into the hearing record, along with certification copies of the newspaper publications (Exhibits C-1 through C-4) and an affidavit from Othany Lathram of the Legislative Services Agency (Exhibit C-6). He said copies of the proposed rules were filed with the Administrative Procedures Division of the Legislative Services Agency and furnished to the Joint Committee on Administrative Rule Review. Burks reminded attendees that lengthy or technical statements should be submitted in writing and that the hearing is not a public question-and-answer session, although the hearing officer or department representatives may ask clarifying questions.

No one present offered oral testimony during the scheduled public comment portion of the hearing. Burks said the final hearing record will include the transcript, all written submissions and exhibits, and the department’s response to each relevant comment received. He stated written comments would be accepted until 5:00 p.m. Tuesday, May 6, 2025, at the ADEM offices in Montgomery. After considering oral and written comments, ADEM will prepare a response to relevant comments and forward a final draft of any revised rules, the hearing record and, if there are conflicting views submitted, a concise statement of principal reasons for and against adoption, to the Environmental Management Commission for its consideration and possible adoption.

The hearing was recorded by a court reporter and the transcript will be included in the public record. The hearing was adjourned following the administrative remarks.