NOTICES
Sunset Review Schedule for 1997
[27 Pa.B. 53] This schedule includes the Department of Environmental Protection's regulations, by chapter, which will undergo a sunset review in 1997. The Department will publish an annual sunset schedule which will contain the Pennsylvania Code chapters which will be reviewed by the Department. Each regulation will be reviewed to determine whether the regulation effectively fulfills the goals for which it was intended and remains consistent with the following principles contained in Executive Order 1996-1 (regarding Regulatory Review and Promulgation):
1. Regulations shall address a compelling public interest.
2. Costs of regulations shall not outweigh their benefits.
3. Regulations shall be written in clear, concise and, when possible, nontechnical language.
4. Regulations shall address definable public health, safety or environmental risks.
5. Where Federal regulations exist, Pennsylvania's regulations shall not exceed Federal standards unless justified by a compelling and articulable Pennsylvania interest or required by State law.
6. Compliance shall be the goal of all regulations.
7. Where viable nonregulatory alternatives exist, they shall be preferred over regulations.
8. Regulations shall be drafted and promulgated with early and meaningful input from the regulated community.
9. Regulations shall not hamper Pennsylvania's ability to compete effectively with other states.
10. All agency heads shall be held directly accountable for regulations promulgated by their respective agencies.
The chapters listed below have been under review by the Department since August 1995 as part of the Department's Regulatory Basics Initiative. These chapters were reviewed to identify regulations which contain standards or requirements more stringent than Federal law; impose disproportionate economic costs; have a history of significant noncompliance; are prescriptive or technology specific; inhibit the application of new green technologies; do not support a pollution prevention approach; are obsolete or redundant; or lack clarity. This Initiative will result in proposed rulemakings which will be listed on the Department's Regulatory Agenda, which is published semiannually in February and July.
Both the Sunset Review Schedule and the Regulatory Agenda are available on the Department's World Wide Web site at http://www.dep.state.pa.us (choose Public Participation Center).
Chapter 71. Administration of Sewage Facilities Planning Program
Chapter 72. Administration of Sewage Facilities Permitting Program
Chapter 73. Standards for Sewage Disposal Facilities
Chapter 76. Solid Waste-Resource Recovery Development
Chapter 77. Noncoal Mining
Chapter 78. Oil and Gas Wells
Chapter 79. Oil and Gas Conservation
Chapter 80. Gas Well Classification
Chapter 85. Bluff Recession and Setback
Chapter 86. Surface and Underground Coal Mining: General
Chapter 87. Surface Mining of Coal
Chapter 88. Anthracite Coal.
Chapter 89. Underground Mining of Coal and Coal Preparation Facilities
Chapter 90. Coal Refuse Disposal
Chapter 91. General Provisions
Chapter 92. National Pollutant Discharge Elimination System
Chapter 93. Water Quality Standards
Chapter 94. Municipal Wasteload Management
Chapter 95. Wastewater Treatment Requirements
Chapter 97. Industrial Wastes
Chapter 101. Special Water Pollution Regulations
Chapter 102. Erosion Control
Chapter 103. Financial Assistance
Chapter 105. Dam Safety and Waterway Management
Chapter 106. Flood Plain Management
Chapter 109. Safe Drinking Water
Chapter 111. Storm Water Management--Grants and Reimbursement
Chapter 121. General Provisions--Air Resources
Chapter 122. National Standards of Performance for New Stationary Sources
Chapter 123. Standards for Contaminants
Chapter 124. National Emission Standards for Hazardous Air Pollutants
Chapter 126. Standards for Motor Fuels
Chapter 127. Construction, Modification, Reactivation and Operation of Sources
Chapter 128. Alternative Emission Reduction Limitations
Chapter 129. Standards for Sources
Chapter 131. Ambient Air Quality Standards
Chapter 133. Local Air Pollution Agencies
Chapter 135. Reporting of Sources
Chapter 137. Air Pollution Episodes
Chapter 139. Sampling and Testing
Chapter 141. Variances and Alternate Standards
Chapter 143. Disbursements from the Clean Air Fund
Chapter 207. Noncoal Mines
Chapter 209. Coal Mines
Chapter 210. Use of Explosives
Chapter 211. Storage, Handling and Use of Explosives
Chapter 215. General Provisions
Chapter 216. Registration of Radiation-Producing Machines
Chapter 217. Licensing of Radioactive Material
Chapter 218. Fees
Chapter 219. Standards for Protection Against Radiation
Chapter 220. Notices, Instructions and Reports to Workers; Inspections
Chapter 221. X-rays in the Healing Arts
Chapter 223. Veterinary Medicine
Chapter 224. Medical Use of Radioactive Materials
Chapter 225. Radiation Safety Requirements for Industrial Radiographic Operations
Chapter 226. Radiation Safety Requirements for Wireline Service Operations and Subservice Tracer Studies
Chapter 227. Radiation Safety Requirements for Analytical X-ray Equipment, X-ray Gauging Equipment and Electron Microscopes
Chapter 228. Radiation Safety Requirements for Particle Accelerators
Chapter 230. Packaging and Transportation of Radioactive Material
Chapter 236. Low-Level Radioactive Waste Management and Disposal
Chapter 237. Rebuttable Presumption of Liability of the Operator of the Regional Low-Level Waste Facility
Chapter 240. Radon Certification
Chapter 241. Designer's Reports for Regulated Facilities
Chapter 243. Nuisances
Chapter 245. Administration of the Storage Tank and Spill Prevention Program
Chapter 260. Definitions and Requests for Determination
Chapter 261. Criteria, Identification and Listing of Hazardous Waste
Chapter 262. Generators of Hazardous Waste
Chapter 263. Transporters of Hazardous Waste
Chapter 264. New and Existing Hazardous Waste Management Facilities Applying for a Permit
Chapter 265. Interim Status Standards for Hazardous Waste Management Facilities and Permit Program for New and Existing Hazardous Waste Management Facilities
Chapter 266. Special Standards for the Management of Certain Hazardous Waste Activities
Chapter 267. Financial Responsibility Requirements for Hazardous Waste Storage, Treatment and Disposal Facilities
Chapter 269. Siting.
Chapter 270. Permit Program
Chapter 271. Municipal Waste Management--General Provisions
Chapter 272. Municipal Waste Planning, Recycling and Waste Reduction
Chapter 273. Municipal Waste Landfills
Chapter 275. Land Application of Sewage Sludge
Chapter 277. Construction/Demolition Waste Landfills
Chapter 279. Transfer Facilities
Chapter 281. Composting Facilities
Chapter 283. Resource Recovery and Other Processing Facilities
Chapter 285. Storage, Collection and Transportation of Municipal Waste
Chapter 287. Residual Waste Management--General Provisions
Chapter 288. Residual Waste Landfills
Chapter 289. Residual Waste Disposal Impoundments
Chapter 291. Land Application of Residual Waste
Chapter 293. Transfer Facilities for Residual Waste
Chapter 295. Composting Facilities for Residual Waste
Chapter 297. Incinerators and Other Processing Facilities
Chapter 299. Storage and Transportation of Residual Waste
The Department will publish a sunset review schedule on an annual basis. Regulations in future years will be evaluated using the principles outlined above.
For additional information, please contact Sharon Freeman, DEP Regulatory Coordinator, P. O. Box 2063, Harrisburg, PA 17105-2063, telephone (717) 783-1303; or e-mail Freeman.Sharon@a1.dep.state.pa.us.
JAMES M. SEIF,
Secretary
[Pa.B. Doc. No. 97-16. Filed for public inspection January 3, 1997, 9:00 a.m.]
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