[31 Pa.B. 3601]

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	Proposed Date of
Regulation Being Considered	Promulgation	Need and Legal Basis for Action	Agency Contact
ENVIRONMENTAL PROTECTION
Stream Redesignations-- Little Bush Kill, et al. Clean Streams Law	December 2001, as final.	This stream redesignation package includes five streams or portions thereof that were evaluated for redesignation as High Quality (HQ) or Exceptional Value (EV) Waters. The Little Bush Kill (Pike Co.) was evaluated in response to a petition from Bushkill Falls. West Penn Township (Schuylkill Co.) petitioned for redesignation of Lizard Creek. Smithtown Creek (Bucks Co.) was studied as a result of a petition from the Smithtown Creek Watershed Association. The Pennsylvania Fish and Boat Commission (PFBC) requested evaluations of Oswayo Creek (Potter Co.) and Browns Run (Warren Co.). Minor corrective amendments are also included for Buck Hill Creek (Monroe Co.) and Slate Run (Lycoming Co.).	Bob Frey, (717) 787-9637
Stream Redesignations-- Class A Wild Trout Streams Clean Streams Law	September 2001, as proposed.	Nearly 70 streams were evaluated in response to a request from the PFBC under Section 93.4b of DEP's antidegradation regulations, which includes in subsection (a)(2)(ii) that a surface water designated as a Class A wild trout stream by the PFBC following public notice and comment qualifies for HQ designation. DEP independently reviewed the trout biomass data in the PFBC reports for these streams to ensure that the Class A criteria were met. A 45-day public comment period will be recommended.	Bob Frey, (717) 787-9637
Stream Redesignations Clean Streams Law	Dates undetermined.	DEP has an ongoing program to evaluate streams for possible redesignation in the Water Quality Standards in Chapter 93. Evaluations are undertaken in response to petitions to the EQB as well as requests from the PFBC or DEP staff. DEP publishes a notice of assessment in the Pennsylvania Bulletin and local newspapers and requests technical information on each stream. A list of evaluations undertaken or needed and the status of each one can be found on the Bureau of Water Supply and Wastewater Management web page on DEP's website at www.dep.state.pa.us. Following completion of a draft evaluation report, and if a redesignation is proposed, the recommendations will be presented to the EQB as proposed rulemaking either individually or as part of a group of streams.	Bob Frey, (717) 787-9637
Stream Redesignations-- Oysterville Creek, et al. Clean Streams Law	November 2001, as proposed.	This stream redesignation package includes nine streams or segments that were evaluated for redesignation as HQ or EV Waters. Brinton, Wylie and Renwick Runs (Chester and Delaware Cos.) were evaluated in response to a petition from the Birmingham Township Recreation, Parks and Open Space Committee. Oysterville Creek and a portion of the West Branch Perkiomen Creek (Berks Co.) were petitioned by the Berks County Conservancy and District Township. Two private citizens submitted a rulemaking petition for Trout Run (York Co.). Another private citizen petitioned for the redesignation of an unnamed tributary to Chester Creek (Delaware Co.). Rambo Run (York Co.) was evaluated in response to a request from the PFBC. The lower reaches of Cove Creek (Bedford Co.), previously petitioned by Friends of Cove Creek, was restudied based on DEP's recent change to the Percent Dominant Taxon biological metric used in HQ/EV evaluations. A 45-day public comment period will be recommended.	Robert Frey, (717) 787-9637
Chapter 93--Great Lakes Initiative (GLI) Federal Clean Water Act	September 2001, as proposed.	The proposed regulatory amendment to Section 93.8a(j) (relating to requirements for the Great Lakes System) consists of the elimination of the words ''except Subpart C'' in the current GLI to provide consistency with the federal guidance promulgated by USEPA on November 15, 2000, for the Great Lakes System. The proposed rulemaking will provide greater protection for the Great Lakes System by eliminating the use of mixing areas for discharges of toxic and persistent chemicals knows as bioaccumulative chemicals of concern (BCCs). Examples of BCCs are mercury, PCBs and dioxin. The Water Resources Advisory Committee (WRAC) is reviewing the proposal. A 30-day public comment period will be recommended.	Carol Young, (717) 783-2952
Chapter 96--Water Quality Standards Implementation Clean Streams Law	November 2001, as proposed.	Chapter 96 is proposed for amendment to make the application of the sulfate and chloride criteria consistent with that already provided for total dissolved solids, nitrate, phenol and fluoride under Section 96.3(d). WRAC will review the draft proposal.	Carol Young, (717) 783-2952
Chapter 109--Safe Drinking Water Amendments (Public Notification/Consumer Confidence Report) Safe Drinking Water Act	July 2001, as proposed.	This proposal will incorporate into DEP's Safe Drinking Water regulations recently-adopted federal initiatives, including the provisions of the Federal Consumer Confidence Report (CCR) Rule, revisions to the Public Notification (PN) regulations, and minor changes to the Lead and Copper Rule. The CCR and PN rules expand and clarify requirements that deal with the public's right to know what is in the water they receive from a regulated public water supplier. The proposal also includes several technical changes to address differences between state and federal regulations at 40 CFR 141 which involve primacy concerns. In addition, the proposal will require regulated entities to submit self-monitoring test data electronically to the Department. The Small Water Systems Technical Assistance Center (TAC) and WRAC reviewed drafts of the proposal. A 30-day public comment period will be recommended.	Jeffrey Gordon, (717) 772-4018
Radionuclides Rule Safe Drinking Water Act	February 2002, as proposed.	This proposal will amend Chapter 109 to incorporate the provisions of the recently-published federal Radionuclides Rule, which establishes a new Maximum Contaminant Level (MCL) for uranium and retains the current existing MCLs for gross alpha, combined radium-226/228 and beta and photon activity and establishes new monitoring requirements. The Radionuclides Rule applies to community water systems and does not include radon. WRAC and TAC will review drafts of the proposed amendments. A 30-day public comment period will be recommended.	John Wroblewski, (717) 772-4018
Filter Backwash Recycling Rule Safe Drinking Water Act	February 2002, as proposed.	This proposal will amend Chapter 109 to incorporate the provisions of the recently-promulgated Federal Filter Backwash Recycling Rule, which governs the recycling of the filter backwash water within the treatment process of public water systems (PWSs). The Rule applies to all PWSs that use a surface water source or groundwater under the direct influence of surface water, utilize direct or conventional filtration and recycle spent filter backwash water, sludge thickener supernatant or liquids from dewatering processes. The EPA anticipates publishing the final rule in the near future. WRAC and TAC will review drafts of the proposed amendments. A 30-day public comment period will be recommended.	John Wroblewski, (717) 772-4018
Chapter 105--Dam Safety and Waterway Management Clean Streams Law; Dam Safety and Encroachments Act	January 2002, as proposed.	Revisions will be proposed to simplify and clarify the regulations, streamline the process for minor wetland encroachments, establish discretion to issue expedited permit decisions during site visits, simplify the application fee schedule, and clarify the Chapters 105 and 106 programs by consolidating rules and procedures for stream channels, floodways and floodplains into one regulation. The Wetlands Protection Advisory Committee (WetPAC) is thoroughly reviewing the issues. The Agricultural Advisory Board (AAB) will also be briefed on developments. The date for EQB consideration of a proposed rulemaking remains tentative at this time pending WetPAC's deliberations.	Ken Reisinger, (717) 787-6827
Chapter 250--Land Recycling Program Amendments Land Recycling and Environmental Remediation Standards Act; Solid Waste Management Act	September 2001, as final.	These amendments clarify the existing regulations and update several provisions to reflect current science. The revisions are necessary to provide clear direction to those undertaking the cleanup of a contaminated site and the cleanup standards they must meet. DEP worked with the Cleanup Standards Scientific Advisory Board (CSSAB) in developing these amendments.	Dave Hess, (717) 783-7816
Storage Tank and Spill Prevention Program--Integration of Act 2 Provisions Land Recycling and Environmental Remediation Standards Act	September 2001, as final.	These amendments integrate the provisions of the Land Recycling and Environmental Remediation Standards Act (Act 2 of 1995) into Chapter 245 (Administration of the Storage Tank and Spill Prevention Program). The rulemaking changes definitions in Subchapter A for consistency between the two programs. Subchapter D incorporates procedures for selecting and attaining one or more of the Act 2 remediation standards into the corrective action process for regulated storage tanks, eliminating language that was based on implementation of the Department's Groundwater Protection Strategy, which was in effect when Subchapter D was adopted in 1993. DEP worked with the Storage Tank Advisory Committee (STAC) in developing these amendments.	Charles Swokel, (717) 783-7509
Chapter 245--Storage Tank Amendments Storage Tank and Spill Prevention Act	May 2002, as proposed.	With the exception of Subchapter D (Corrective Action Process), this proposal represents comprehensive amendments to all other aspects of the Storage Tank and Spill Prevention Program provisions of Chapter 245, which was last updated in 1997. The amendments have been identified through implementation of the program over the past five years. In addition, a general review of Chapter 245--which is necessary to obtain state program authorization for the underground storage tank program from the USEPA--occurred in the past year, and this review identified other potential revisions. STAC will review the draft amendments.	Ray Powers, (717) 772-5551
Household Hazardous Waste Collection and Disposal Small Business and Household Pollution Prevention Program Act; Solid Waste Management Act	July 2001, as final.	This rulemaking further clarifies the household hazardous waste regulations in Chapters 261a, 271 and 272, makes the language consistent with that used in the Small Business and Household Pollution Prevention Program Act, and ensures that waste collected as part of a household hazardous waste program is properly managed as hazardous waste rather than as part of the municipal waste stream. SWAC reviewed the draft final rulemaking.	Tom Hyatt, (717) 787-8686
Provisions for the Management of Safe Fill Solid Waste Management Act; Clean Streams Law; Land Recycling and Environmental Remediation Standards Act	September 2001, as proposed.	This proposal would revise Chapter 287 of the residual waste regulations to address the unrestricted use of uncontaminated soil, including rock and stone, as safe fill provided that the soil has not been subject to a spill or release and there are no visible staining, odors or other sensory nuisances associated with the soil. The current definition of ''clean fill'' would be replaced with a new definition for ''safe fill.'' The proposal will also include permit-by-rule requirements allowing restricted use of contaminated soils resulting from urbanization, pesticide use in fruit orchards, historic fill materials and Act 2 remediated soils.	William Pounds, (717) 787-7381
Amendments to the Hazardous Waste Regulations Solid Waste Management Act; Clean Streams Law	September 2001, as proposed.	Minor modifications are proposed to the hazardous waste amendments that were finalized on May 1, 1999, to address changes in the Federal regulations since that time and for EPA approval as a Federally authorized program. The modifications include minor ''housekeeping'' issues such as exceptions to the blanket substitution of DEP for USEPA where the Federal authority cannot be delegated to a state. Other changes include correcting typographical errors and adding clarification or consistency in certain sections. SWAC reviewed a draft of the proposal. A 30-day public comment period will be recommended.	Rick Shipman, (717) 787-6239
Architectural and Industrial Maintenance (AIM) Coatings Air Pollution Control Act	October 2001, as proposed.	The Pennsylvania Ozone Stakeholder Working Groups recommended that DEP consider a number of additional emission reduction strategies, including lower limits on the volatile organic compound (VOC) content of architectural and industrial maintenance (AIM) coatings, to address the ground-level ozone air quality problem in Pennsylvania. In addition, the states in the Ozone Transport Region (OTR) have evaluated a number of VOC and oxides of nitrogen (NOx) control strategies and developed draft model regulations that will help the states address the emission reduction shortfalls identified by EPA. This proposal will set specific VOC content limits (in grams/liter) for 47 AIM coating categories and require compliance by January 1, 2005. Compliance with these new limits would be reached through either reformulating products or substituting products with compliant coatings that are currently on the market. The Air Quality Technical Advisory Committee (AQTAC) is reviewing the proposal.	Terry Black, (717) 787-9495
Portable Fuel Containers Air Pollution Control Act	September 2001, as proposed.	The states in the OTR have evaluated a number of VOC and NOx control strategies and developed draft model rules to help states address the emission reduction shortfalls identified by EPA. This proposal will apply to all portable fuel containers and/or spouts except: 1) containers with a capacity of less than or equal to one quart; 2) rapid re-fueling devices with capacities greater than or equal to 4 gallons, provided they are designed for use in officially sanctioned off-road motorcycle competitions; and 3) safety cans and portable marine fuel tanks that operate in conjunction with outboard engines. The proposal includes design specifications for portable fuel containers and/or spouts that are intended to significantly reduce the possibility of gasoline spillage, thereby reducing emissions. AQTAC reviewed a draft of the proposal. A 60-day public comment period and three public hearings will be recommended.	Terry Black, (717) 787-9495
Consumer Products Air Pollution Control Act	September 2001, as proposed.	This proposal is also in response to the Pennsylvania Ozone Stakeholder Working Groups' recommendation to address the ground-level ozone problem in Pennsylvania as well as the OTR attempts to address the emission reduction shortfalls identified by EPA. This proposal will set specific VOC content limits for approximately 80 consumer product categories, and it will apply more stringent VOC content limits than the Federal rule. The compliance date for the limits would be January 1, 2005. Manufacturers would ensure compliance with the limits by reformulating products and substituting products with compliant products that are currently available. The proposal will include some flexibility options. AQTAC reviewed a draft of the proposal. A 60-day public comment period and three public hearings will be recommended.	Terry Black, (717) 787-9495
Emission Limits for Heavy-Duty Highway Diesel Vehicles Air Pollution Control Act	July 2001, as proposed.	This proposal will adopt California regulations to require 2005 and 2006 model year heavy-duty highway diesel engines to meet the same standards in effect for model years 2002 through 2004. The 2002--2004 standards resulted from consent decrees signed by the U.S. Department of Justice, the EPA and the California Air Resources Board (CARB) with seven of the largest heavy-duty diesel engine manufacturers who violated certification regulations. The consent decrees require the manufacturers to meet new lower emission standards by October 1, 2002, for the two-year period. EPA has proposed supplemental standards and test procedures for 2004 and later model year engines, but will not be able to require them until model year 2007. Adopting the California regulations by Pennsylvania and other states will create a de facto national standard that would maintain the lower emission standards for 2005 and 2006 model year engines. AQTAC reviewed a draft of the proposal. A 60-day public comment period and three public hearings will be recommended.	Arleen Shulman, (717) 787-9495
Small Sources of NOx Air Pollution Control Act	November 2001, as proposed.	The states in the OTR have evaluated a number of NOx control strategies and developed draft model regulations that will help address the emission reduction shortfalls identified by EPA for three ozone nonattainment areas. This proposal would achieve NOx reductions from small sources that are not included in the Chapter 145 NOx reduction program. Many portions of the draft model regulation developed by the OTR are based on states' Reasonably Available Control Technology (RACT) rules. The 1994 Southeast Pennsylvania Stakeholders Working Group also recommended similar controls on a subset of these sources. AQTAC will review a draft of the proposal.	Dean Van Orden (717) 787-9495
Open Burning of Recyclable Waste Air Pollution Control Act	October 2001, as proposed.	This proposal will revise the open burning provisions of Section 129.14(c) to prohibit the burning of leaves, yard wastes and other recyclable materials in areas that have curbside recycling programs. AQTAC will review a draft of the proposal.	Terry Black, (717) 787-9495
Solvent Cleaning Operations Air Pollution Control Act	September 2001, as final.	This rulemaking resulted from recommendations of the Southwest and Southeast Ozone Stakeholder Working Groups that DEP adopt programs to reduce VOC emissions from degreasing operations. A stakeholder group consisting of degreaser manufacturers and operators, solvent suppliers and environmental groups met several times over an eight-month period to develop the proposal. The rulemaking establishes additional requirements for solvent cleaning operations and new requirements for operations not presently regulated by the provisions of Section 129.63. AQTAC reviewed the draft final amendments.	Terry Black, (717) 787-9495
Control of NOx from Cement Kilns and Stationary Internal Combustion Engines Air Pollution Control Act	October 2001, as proposed.	This proposal establishes a program to limit the emissions of NOx from cement kilns and large stationary internal combustion engines. These provisions are proposed to be included in Chapter 145 (Interstate Ozone Transport Reduction). These regulations were previously proposed as part of an earlier rulemaking, but are being re-proposed for additional public comment. NOx emission reductions are needed to help achieve ozone health-based standards in the eastern United States. AQTAC will review a draft of the proposal.	Dean Van Orden, (717) 787-9495
New Source Review Air Pollution Control Act	Contingent on EPA action.	The Department's existing new source review regulations will be reorganized and reformatted to make the requirements clear to the regulated community and to facilitate the creation and use of emission reduction credits (ERCs). The Department will incorporate proposed changes in the Federal new source review requirements as necessary. Drafts of the proposal will be reviewed by the AQTAC. EPA has proposed in its draft new source review (NSR) regulations a number of mechanisms related to generation and use of ERCs and the use of an ''area wide'' plant-wide applicability limit (PAL) to address trading issues. The proposed rules were issued in July 1996; however, EPA has not yet issued final rules. With the uncertainty of the nature of the final rules, the Department cannot proceed with revisions of the existing trading regulations until the final EPA rule is promulgated.	Terry Black, (717) 787-9495
Amendments to Radiological Health Chapters 221, 227 and 228 Radiation Protection Act	September 2001, as final.	This rulemaking contains minor changes to Chapter 221 to clarify requirements for X-ray use in the healing arts and to improve consistency with federal regulations. A new section on Radiation Safety Requirements for X-ray Calibration Systems is added to Chapter 227. A change to Chapter 228 modifies the radiation monitoring requirements to better accommodate existing equipment. RPAC reviewed the draft final rulemaking.	Steve Williams, (717) 783-9730
Amendments to Radiological Health Chapter 218, Fees Radiation Protection Act	September 2001, as final.	This rulemaking contains a revised fee structure for registrations, licenses, and inspections of radiation-producing machines and radioactive material. Current fees no longer cover the registration, licensing and inspection costs required by regulation. In addition, DEP's responsibilities will expand to include more complex licensing and inspection when Pennsylvania becomes an Agreement State. With Agreement State status, DEP will assume responsibility for licensing and oversight of decommissioning of a number of sites formerly licensed by the NRC. Authority for actual cost recovery is established in these amendments. RPAC reviewed the draft final rulemaking.	Ray Urciuolo, (717) 783-9730
Chapters 86-88 and 90--Coal Mine Permits/Road Requirements Surface Mine Conservation and Reclamation Act; Coal Refuse Disposal Control Act; Clean Streams Law	July 2001, as proposed.	This proposal modifies Chapters 86, 87, 88 and 90 for clarity and consistency with federal regulations. The proposed changes relate to criteria for approval/denial of coal mine permits and to requirements concerning coal mine roads at surface coal mines and coal refuse disposal operations. The Mining and Reclamation Advisory Board (MRAB) reviewed a draft of the proposal. A 30-day public comment period will be recommended.	Nevin Strock, (717) 787-6842
Chapter 207--Underground Noncoal Mines General Safety Law	September 2001, as proposed.	This proposal consolidates the regulatory provisions implementing Section 2(f) of the General Safety Law, which regulates worker safety in noncoal mines, into Chapter 207 (Noncoal Mines). Most of these provisions were promulgated by the Department of Labor and Industry over 30 years ago and are found at Title 34, Pennsylvania Code, Chapter 33. DEP's Chapter 207 addresses the use of explosives at noncoal mines and has not been amended since its adoption in 1972. The amendments address effective safety practices in noncoal mines based on changes in the industry and DEP's administration of the program. The proposal incorporates by reference the U.S. Mine Safety and Health Administration's (MSHA) regulations found at 30 CFR Part 57 and adds provisions to address certification of foremen as well as the licensing and duties of blasters. A 30-day public comment period will be recommended.	Richard Stickler, 724-439-7469
GENERAL SERVICES
Responsibility 4 Pa. Code Chapter 60	September 2001, as proposed.	This chapter must be amended to conform with the legislative changes required by Act 57 and to provide for uniform Commonwealth agency debarment and suspension procedures.	Gary F. Ankabrandt (717) 783-1982
Instructions to Bidders 4 Pa. Code, Chapter 61	September 2001, as proposed	This Chapter has been superseded and should be repealed because such instructions should not be set out in regulatory form. There is a need for flexibility, which can be of benefit to the Department as well as bidders.	Merle H. Ryan (717) 787-7095
General Conditions of the Construction Contract 4 Pa. Code, Chapter 63	September 2001, as proposed	See comment for Chapter 61.	Merle H. Ryan (717) 787-7095
State Art Commission 4 Pa Code, Chapter 65	September 2001, as final	The legislation creating the State Art Commission was sunsetted.	Merle H. Ryan (717) 787-7095
Contract Compliance 4 Pa. Code, Chapter 68	September 2001, as proposed	Executive Order 1996-8 transferred the contract compliance responsibilities to the Department of General Services	John R. McCarty (717) 783-8720

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