[26 Pa.B. 3170]

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Chapter 86, Subchapter K - Mine Operator's License
Surface Mining Conservation and Reclamation Act November 1996, as proposed. These amendments are necessary to reflect Act 43 of 1996 amendments to Pennsylvania SMCRA with regard to licensing of underground coal mine operators. Evan Shuster, 717-787-7846 Chapter 89 - Underground Mining of Coal and Coal Preparation Facilities
Surface Mining Conservation and Reclamation Act, Clean Streams Law, Coal Refuse Disposal Control Act, Bituminous Mine Subsidence and Land Conservation Act October 1996, as proposed. Various sections of Chapter 89 are obsolete and will be addressed along with amendments which are necessary to bring Pennsylvania's program into conformance with 1994 amendments to Pennsylvania law (Act 54) and 1995 amendments to Federal regulations. These changes involve subsidence damage and water loss due to underground bituminous coal mining. These changes do not fall within the purview of the MRAB; therefore, no advisory committee review is anticipated. Harold Miller, 717-783-8845 Chapter 77 - Noncoal Mining Noncoal Surface Mining
Conservation and Reclamation Act December 1996, as proposed. These amendments will clarify the standards for exemption from preblast surveys, delete obsolete regulations, and provide less prescriptive regulations for bond releases, hydrologic and geologic information, treatment facilities and sediment controls. The proposal will also simplify exploration requirements, bond adjustments and forfeitures, and clarify public notice requirements on permit revisions and setback waivers. These changes do not fall within the purview of the MRAB; therefore, no advisory committee review is anticipated. Thomas Whitcomb, 717-783-8845 Chapter 86, Subchapter C - Small Operator Assistance Program
Surface Mining Conservation and Reclamation Act January 1997, as proposed. These amendments are necessary to provide clarification of program requirements and eliminate redundant language in this section. Mick
McCommons, 717-787-4761 Chapter 86, Subchapter D - Areas Unsuitable for Mining
Surface Mining Conservation and Reclamation Act, Coal Refuse Disposal Control Act, Clean Streams Law January 1997, as proposed. These amendments are necessary to provide clarification and ensure efficient processing of requests for designation of areas as unsuitable for mining. Mick
McCommons, 717-787-4761 Chapters 86-90, Coal Mine Permitting and Performance Standards
Surface Mining Conservation and Reclamation Act, Clean Streams Law January 1997, as proposed. These amendments are necessary to address requirements which may be placing undue restrictions on the Pennsylvania coal mining industry and which may be hampering the industry's ability to compete effectively with coal mining in other states. In all chapters, the amendments involve information requirements for permits and performance standards. Specifically, the amendments will clarify requirements relating to casing and sealing drill holes, administrative requirements relating to coal exploration and regrading, and minimize fish and wildlife impacts. Nevin Strock, 717-783-8845 Shade Township (Somerset County) Unsuitable for Mining Designation Request
Surface Mining Conservation and Reclamation Act, Clean Streams Law, Coal Refuse Disposal Control Act October 1996, as proposed. A petition (#56959901) was received to designate a 565-acre portion of Shade Township (Somerset County) as unsuitable for surface coal mining operations. The basis for the petition is that surface and underground mining could result in the degradation or loss of surface and ground water resources, including aquifers and aquifer recharge areas. A public hearing on the petition is scheduled for July 10, 1996, in Central City, Pa. The Department will complete a technical study of the petition area and make a recommendation on whether to designate this area as unsuitable for coal mining. If a designation is proposed, the Department will prepare a proposed rulemaking for the designation. The MRAB will review the Department's recommendation prior to EQB action. Mick
McCommons, 717-787-4761 Chapter 86, Subchapter D - Procedures for Designating Areas Unsuitable for Mining
Surface Mining Conservation and Reclamation Act, Clean Streams Law, Coal Refuse Disposal Act August 1996, as final. The amendments correct typographical errors and clarify ambiguous language concerning the term ''surface mining activities'' which are prohibited within designated areas through the petition process. The MRAB recommended approval of the draft final rulemaking Mick
McCommons, 717-787-4761 Designation of Area Unsuitable for Coal Mining - Squaw Run
Surface Mining Conservation and Reclamation Act, Clean Streams Law, Coal Refuse Disposal Control Act August 1996, as final. This proposal will designate a 450-acre tract of land in Slippery Rock and Wayne Townships, Lawrence County, as unsuitable for surface coal mining activities. The designation will provide protection of surface water and ground water quality and quantity where on-lot wells are used for domestic water supplies. The amendments are necessary to ensure compliance with state and Federal laws. This action was initiated through the petition process. A public hearing was held on March 16, 1994, in Elwood City. The MRAB recommended approval of the draft final rulemaking. Mick
McCommons, 717-787-4761 Post-Mining Discharges/Licensing and Bonding
Surface Mining Conservation and Reclamation Act October 1996, as final. These amendments implement the 1992 amendments to Act 173 relative to the licensing of coal mine operators, bonding requirements and post-mining discharges. The proposal also updates the insurance requirements and revises license fees based on the tons of coal mined as required by the Act. The MRAB will review the draft final rulemaking. Peter Slack, 717-787-5103 Chapters 78 (Oil and Gas Wells), 79 (Well Drilling and Use) and 80 (Gas Well Classification)
Oil and Gas Act, Clean Streams Law, Solid Waste Management Act March 1997, as proposed. These amendments are being initiated to repeal obsolete provisions relating to gas well classification, clarify certain provisions, and to make other provisions less prescriptive. The Oil and Gas Technical Advisory Board (TAB) will be involved in developing these amendments. James Erb, 717-772-2199 GENERAL SERVICES
Instructions to Bidders
4 Pa. Code, Chapter 61 August 1996, as proposed. This Chapter has been rendered obsolete by contract documents and will be nominated for repeal. Merle H. Ryan (717) 787-7095 General Conditions of the Construction Contract
4 Pa. Code, Chapter 63 August 1996, as proposed This Chapter has been rendered obsolete by contract documents and will be nominated for repeal. Merle H. Ryan (717) 787-7095 Emergency Construction Repairs
4 Pa. Code, Chapter 67 August 1996, as proposed. The regulation will be amended to more accurately reflect present practice and to delete obsolete contract provisions. Merle H. Ryan (717) 787-7095 Exercise of First Amendment Rights on Commonwealth Property
4 Pa. Code, Chapter 85 September 1996, as proposed. The exercise of first amendment rights on Commonwealth property is an issue of great sensitivity. On the basis of recent occurrences on Commonwealth property, the Department feels the need to thoroughly review this Chapter with a view towards a uniform policy which does not infringe on the exercise of first amendment rights, but which establishes a uniform approach to regulating the site and nature of activities. Gary F. Ankabrandt
(717) 783-1982 Use of the Forum Building
4 Pa. Code, Chapter 87 September 1996, as proposed. The Department is evaluating the merits of revising this Chapter. Serious consideration is being given to expanding this Chapter to cover use of all Commonwealth buildings and the Department is considering the possibility of combining it with Chapter 85. Gary F. Ankabrandt
(717) 783-1982 HEALTH
Procedural Rules for the Health Policy Board December 1996, as proposed. The regulations will set forth the rules of procedure for bringing appeals before the Board pursuant to Act 10 of 1996, which transfers the appellate review function for the Health Care Facilities Act to the Health Policy Board. James Steele,
Esq.
(717) 783-2500 Emergency Medical Systems
28 PA Code § 1001 September 1, 1996, as proposed. The proposed amendments to the current regulations for the operation of the Emergency Medical System in the Commonwealth are pursuant to the Emergency Medical Services Act, 35 P.S. § 6921 to 6938. Earl Gettinger (717) 783-3865 Head Injury Program
28 PA Code Chapter 4 September 1, 1996, as proposed. This regulation is needed to administer the Health Injury Program as required by the Emergency Medical Services Act of 1985, 35 P.S. § 6921. Elaine Terrell (717) 772-4959 Newborn Screening
28 PA Code Chapter 28 July 1997, as proposed. This regulation would add the additional screening test for galactosemia, a metabolic condition that causes severe mental retardation and other serious health problems in children. Mary Little
(717) 787-7192 Dental Laboratory Rules September 1, 1996, as proposed. This new regulation is needed to establish standards for operation of laboratories in dental offices as required by the Controlled Substances, Drug Device and Cosmetic Act. Charles Ludwig, DDS
(717) 783-1760 Communicable Diseases
28 PA Code Chapter 27 July 1997, as proposed. The amendments to existing regulations would be consistent with current public health practices for the control of communicable and other reportable conditions. Current regulations have not been updated since 1987. Joel Hersh
(717) 783-4677 HOUSING FINANCE AGENCY
No regulations being developed or considered at this date. INFRASTRUCTURE INVESTMENT AUTHORITY Pennsylvania Infrastructure Investment Authority Financial Assistance
25 Pa Code Chapter 963
 
Water Pollution Control Revolving Fund
Chapter 965 November 1996, as final. The amendments establish the Water Pollution Control Revolving Fund (''WPCRF'') in accordance with the federal requirements set forth in the Water Quality Act of 1987 (33 U.S.C.A. §§ 1251-1387). This fund is a revolving loan fund used for the construction of environmental infrastructure. Currently, the WPCRF program is operating without regulations and the need for regulations on eligibility and administration are evident. These amendments are a collaborative effort of the Department of Environmental Protection (''DEP''), the U.S. Environmental Protection Agency (''EPA'') and PENNVEST. The grant of authority to issue these regulations is set forth in Sections 5(c) and 6(4), (6) of the Pennsylvania Infrastructure Investment Authority Act 35 P.S. § 751.5(c)(2) and 751.6(4) and (6). Brion Johnson (717) 783-6798 Individual On-Lot Sewage Disposal System Program
25 Pa Code Chapter 967 November 1996, as proposed. The aforementioned proposed regulations set forth the terms and conditions for financial assistance from the Individual On Lot Sewage System Program (''Program''). This Program affords citizens of the Commonwealth a means to finance and comply with environmental sewage disposal regulations in rural areas where households are not and will not be served by a centralized sewage disposal system. The regulations are necessary to instruct the individual homeowners on how to apply for assistance, on funding eligibility criteria and on how the Program is administered. PENNVEST, the DEP, the EPA and the Pennsylvania Housing Agency the The grant of authority to issue these regulations is set forth in Section 6(4)(i) of the Pennsylvania Infrastructure Investment Authority Act 35 P.S. § 751.6(4)(i). Brion Johnson (717) 783-6798 INSPECTOR GENERAL
No regulations being developed or considered at this date. INSURANCE
No-Fault Motor Vehicle Insurance, #11-136 October 1996, as proposed. Repeal of 31 Pa. Code, Chapter 66, obsolete regulations relating to no-fault automobile insurance. The No-Fault Automobile Insurance Law was repealed in 1984. Helfried LeBlanc 717-787-6174 Stock Ownership Statements, #11-137 December 1996, as proposed. Repeal of 31 Pa. Code, Chapter 21. The regulations provide guidelines for filing statements with the Insurance Department relating to stock ownership by insurance companies. The authorizing statute (40 P.S. § 422.1) was enacted in 1965 and is no longer useful or necessary. The purpose and intent of the statute has been superseded by the Pennsylvania Securities Law (70 P.S. §§ 1-609) enacted in 1972 and the Insurance Holding Company Law (41 P.S. §§ 991.1401-1413) most recently amended in 1992. Will Smith 717-787-2735 Notice of Increase in Premium, #11-130 December 1996, as proposed. This proposed regulation revises 31 Pa. Code, Chapter 113, to make the current regulations consistent with 1995 amendments to Act 86 of 1986. Act 86 governs the termination of commercial property and casualty insurance policies. The amendments, in Act 10 of 1995, reduce the period for advance notice of policy termination from 60 to 30 days and eliminate the requirement that companies provide insureds with notice of estimated increases in premium. The proposed revisions to Chapter 113 reflect these statutory changes. Chapter 113 is also being amended to clarify various other provisions of Act 86 . Helfried LeBlanc 717-787-6174 Producer Licensing, #11-134 December 1996, as proposed This proposal amends 31 Pa. Code, Chapter 37, Agent Certificates of Qualification and Broker Licenses. The proposal amends the method for determining anniversary and renewal dates for insurance agent and broker licenses. Anniversary and renewal dates are currently determined using an agent's or broker's date of birth. The amendment establishes the anniversary and renewal dates on the date of the original license. In the past, the Department has returned up to 70% of the applications received because the application fee was not properly pro-rated to the applicant's birth date. Peter Salvatore 717-783-2181 Disclosure of Material Transactions, #11-132 December 1996, as proposed The regulation proposes to adopt 31 Pa. Code, Chapter 27. Under § 320 of The Insurance Company Law of 1921 (40 P.S. § 443), insurers transacting business in the Commonwealth are required to file financial statements with the Department on an annual basis, and the Department has the discretion to require additional statements as necessary. The proposed regulation requires domestic insurers to file interim statements of specific transactions which may have an effect on the financial condition of the company. The general types of transactions required to be filed are acquisitions and disposition of assets that are non-recurring and not in the ordinary course of business, and nonrenewals, cancellations or revisions of reinsurance agreements. The regulation is required for continued accreditation by the National Association of Insurance Commissioners (NAIC). Stephen Johnson 717-783-4312 Credit for Reinsurance, #11-135 December 1996, as proposed. This regulation proposes to adopt 31 Pa. Code, Chapter 163, Requirements for Funds Held as Security for the Payment of Obligations of Unlicensed, Unqualified Reinsurers. Reinsurance is an agreement where risk of loss assumed by an insurer (the ceding insurer) is transferred to an assuming insurer or reinsurer. When a reinsurer is not licensed by the Department or is not included on the Department's list of qualified reinsurers, the obligations of the reinsurer must be secured in order for the ceding insurer to take credit for the reinsurance in its financial statements. The proposed regulation provides both ceding insurers and reinsurers with formal guidelines for what constitutes forms of security acceptable to the Department. This regulation is required to maintain NAIC accreditation. Stephen Johnson 717-783-4312 Underground Storage Tank Indemnification Fund - Commercial Heating Oil Tanks, #11-128 December 1996, as proposed. Act 16 of 1995 exempts Commercial Heating Oil Tanks (CHOT) owners from mandatory coverage by the Underground Storage Tank Indemnification Fund and provides for optional coverage. The regulation sets forth criteria and procedures for opting-in to coverage. Ronald A. Gallagher 717-783-8093 Medical Malpractice Insurance December 1996, as proposed. The proposed regulation would govern medical malpractice insurance to prohibit the discounting of medical malpractice insurance premiums and retroactive premium calculation. This regulation may be needed to prevent the erosion of the revenue stream of the Professional Liability Medical Catastrophe Loss Fund. The CAT Fund's revenue are based upon premiums; thus, discounting and retroactive premium plans cause fluctuation and uncertainty in the revenue of the CAT Fund. Gregory Martino 717-783-5079 Peer Review Organizations December 1996, as proposed. Act 6 of 1990 amended 75 Pa. C.S., Chapter 17 (relating to the Motor Vehicle Financial Responsibility Law). Act 6 contains provisions for peer review of medical treatments provided to victims of automobile accidents. In December 1991, the Insurance Department promulgated regulations (31 Pa. Code, Chapter 69) establishing a process for the peer review of medical treatments to guide insurers, medical practitioners, claimants and peer review organizations (PROs). Currently, many PROs have been approved by the Department, but are not conducting any business in the Commonwealth. It is a burden on the Commonwealth to maintain records regarding these inactive companies. Amendments to 31 Pa. Code, Chapter 69, would require PROs to demonstrate activity in the Commonwealth to maintain the status of an approved PRO. Helfried LeBlanc 717-787-6174 Underground Storage Tank Indemnification Fund - Claims Regulation December 1996, as proposed. The proposed regulation would establish requirements for underground storage tank owners to file claims with the Underground Storage Tank Indemnification Fund. The regulation would require that underground storage tank owners be in compliance with certain leak detection standards in order to obtain coverage from the Fund Ronald Gallagher 717-783-8093 Credit Insurance December 1996, as proposed. The current credit insurance regulations, 31 Pa. Code, Chapters 71 and 73, relate specifically to credit life and accident and health insurance. Because legislation passed in July 1994 expanded the Insurance Department's regulatory authority over credit unemployment insurance, the current credit insurance regulations will be expanded to include credit unemployment insurance. Additionally, the regulations will be revised to provide for less burdensome rating and rate deviation procedures, for new prima facie rates, and to incorporate and update numerous current credit insurance ''breast pocket'' notices and guidelines. Gregory Martino (717) 787-5079 LABOR AND INDUSTRY
Employe Provisions
Retirement Pensions & Annuities
34 PA.Code § 65.101-107 Spring 1997, as proposed. The regulations in this subpart are being replaced in order to bring them into conformity with the U.S. Department of Labor's (USDOL) interpretation of Section 3304(a)(15) of the Federal Unemployment Tax Act. The proposed regulations will accomplish several purposes:
1)  Remove the $40 per week floor on the portion of pensions which may be deducted in § 65.101.
2)  Provide clarification regarding those retirement pensions which are deductible.
3)  Remove the regulation which provides for the non-deductibility of periodic payments made because an individual is permanently and involuntarily separated from employment prior to retirement age. Pete Cope
(717) 787-3547 Referees' Rules
Workmen's Compensation Appeal Board Rules No promulgation anticipated in the next 12 months. Revising/updating rules of procedures for use before Workers' Compensation Judges and Workmen's Compensation Appeal Board. Thomas Kuzma (717) 783-4467 Act 44 Implementation
34 Pa. Code Chapter 129 Spring 1997, as proposed. Regulations dealing with:
(a)  work-place safety committee certification;
(b)  evaluation of accident/illness prevention services and programs of insurers and self-insureds;
(c)  qualifications of accident/illness prevention service providers. Len Negley
(717) 772-1917 Workers' Compensation
34 Pa. Code Chapter 125 Spring 1997, as proposed. Amending current regulations to permit group self-insurance funds to use individual loss cost multipliers to recoup operating expenses and to allow the establishment of one board of trustees to govern the operation of general funds. This regulation is being done in response to comments from the employer community. George Knehr (717) 783-4476 General Requirements
34 Pa. Code, Part VI, Chapter 101
Telephone Hearings
Subchapter E - §§ 1107.127 - 101.133 August 1996, as final The former regulations governing hearings conducted via telephone sunsetted on April 8, 1994, although telephone hearings continue to be conducted with the consent of all parties. The Commonwealth Court held in Knisley v. Unemployment Compensation Board of Review, 93 Pa. Cmwlth. 519, 501 A.2d 1180 (1985), that absent promulgated regulations which safeguard the minimum due process rights of parties and also ensure that all hearings are conducted uniformly, evidence obtained via telephone, if properly objected to, will be stricken from the record. Carol Shaffner (717) 787-5122 Elevators and Lifting Devices Late 1996 or early 1997, as proposed. The new regulation will amend the current standards to include American National Standards Institute/American Society of Mechanical Engineers A17.1, B20.1 and other national consensus standards. There is a need to update standards to bring them in line with national standards. These new standards will provide greater public safety. Act of May 2, 1929, P.L. 1518, No. 452, 35 P.S. § 1341. HB1128 (Uniform Construction Code) would repeal this Act. The Building Officials and Code Administrators National Building Code would apply. James Varhola (717) 787-3329 Underground Storage Facilities January 1997, as proposed. This regulation will address requirements for natural or man-made caverns used for LPG storage. Regulations are mandated by the ''Underground Storage Act.'' James Varhola (717) 787-3329 Dry Cleaning January 1997, as proposed. This regulation is to regulate the construction, operation and maintenance of dry cleaning plants. Regulations are mandated by the H.B. 1128 (Uniform Construction Code) would repeal this Act. Edward Leister (717) 787-3323 Lead-Based Paint Occupations Accreditation and Certification January 1997, as final. This regulation sets up the Department's lead-based paint accreditation of training providers and the worker certification program. It is based on the Environmental Protection Agency's model plan. Act of July 6, 1995, P.L. 291, No. 44, 35 P.S. § 5901, et seq. Sharon Lawson (717) 772-3396 Asbestos Occupations Accreditation and Certification July 1996, as proposed. This regulation established the Department's worker certification and training provider accreditation program. It also sets up training course requirements. It is based on the Environmental Protection Agency's model plan. Sharon Lawson (717) 772-3396 MEDICAL PROFESSIONAL LIABILITY CATASTROPHE LOSS FUND
Payment and Collection of Fund Surcharge
31 PA.Code §§ 242.1 et. seq. August 1997, as proposed. This regulations will further clarify the basis upon which the Medical Professional Liability Catastrophe Loss Fund's surcharge is to be paid. The regulation will be consistent with the statute as it relates to the procedure for levying, payment and collection of the surcharge, and the date on which it is to be remitted to the Fund. Statutory authority 40 P.S.§§ 1301.701 et.seq. Arthur McNulty 717-783-3770 MILITARY AND VETERANS AFFAIRS
No regulations being developed or considered at this date. PROBATION AND PAROLE
No regulations being developed or considered at this date. PUBLIC WELFARE Subsidized child day care July 1996, as proposed. This regulation adds in-home care as a child care service option to a family eligible for the subsidized child day care program. This amendment is mandated by the child care and development block grant (CCDBG) and the at-risk block grant and applies to all subsidized day care funding sources. Tom Vracarich (717) 783-2209

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