[27 Pa.B. 3294]
[Continued from previous Web Page]
Regulation Being Considered
Proposed Date
Need and Legal Basis for Action
Agency
for Promulgation Contact Extended School Year Services
22 Pa. Code, Chapter 14, §§ 14.1, 14.34 & Chapter 342, § 342.34September 1997, as final. These revisions are proposed under authority of the Public School Code of 1949 (P. L. 30, No. 14) Article XXVI-B, §§ 26-2601-B--26-2606-B. These amendments are necessary to ensure that Commonwealth regulations and standards are consistent with federal law and judicial decisions affecting extended school year services for eligible students and to provide guidance to local educational agencies when determining whether or not eligible students under Chapter 14 are entitled to extended school year services. Additional legal basis is found in 20 U.S.C. Section 1400 et seq. known as the Individuals with Disabilities Education Act, and implementing regulations at 34 CFR Part 300. William Penn (717) 783-2311 Certification of Professional Personnel
22 Pa. Code, Chapter 49September 1997, as final. These regulations and revisions are necessary to ensure that those individuals preparing to be teachers receive a quality education and are competent to teach in the disciplines and areas for which they are certified. These regulations are promulgated under authority of the Public School Code of 1949 (P. L. 30, No. 14) Article XXVI-B, §§ 26-2601-B--26-2606-B. Peter Garland (717) 787-3787 Private Driver Training Schools
22 Pa. Code, Chapter 101July 1997, as final. These regulations provide an updated set of rules and regulations for private driver training schools. The current regulations were adopted in 1970. Robert Roush (717) 783-6595 Community College Standards
22 Pa. Code, Chapter 335June 1997, as final. 24 P. S. § 19-1913-A9(b)(1.2), which states in part that ''The Secretary of Education, in consultation with the community colleges, shall promulgate standards for credit courses and for noncredit courses that will be eligible for Commonwealth reimbursement. The standards shall specifically exclude from eligibility for reimbursement any course or program in a vocational or recreational pursuits.'' Barbara Senier (717) 787-4313 EMERGENCY MANAGEMENT AGENCY
No regulations being developed or considered at this date. ENVIRONMENTAL HEARING BOARD
25 PA Code §§ 1021 Fall 1997, as proposed. The regulations are being reviewed and revised on an ongoing basis. The revisions and additions to Chapter 1021 are meant to improve the practice and procedure before the Board and to provide the regulated community, the Department of Environmental Protection, and other potential litigants with more specific guidance on how to represent their interests before the Board. The legal basis for the regulation is § 5 of the Environmental Hearing Board Act (35 P. S. § 7515). Kimberly Hafner 717-787-3483 ENVIRONMENTAL PROTECTION
Special Protection Waters (Antidegradation) Program Clean Streams Law November 1997, as final to the Environmental Quality Board (EQB). The proposal has been developed to streamline and improve the existing program and to address EPA disapproval issues. The Department utilized a regulatory negotiation (Reg Neg) process to develop program changes at proposed rulemaking; however, expediting the regulation changes has been given a high priority as a result of a Federal Court order that EPA promulgate Federal regulations to correct program disapproval issues. The Reg Neg Group, now defunct, included representatives of conservation groups, the regulated community, public interest groups and government. The Water Resources Advisory Committee (WRAC) will be briefed on the final rulemaking. Carol Young, 717-787-8104 Stream Redesignation--French Creek, et al.
Clean Streams LawJanuary 1998, as final to the EQB. This proposal evaluates 18 water bodies in 18 counties for addition, deletion or modification to the Special Protection use designations or for addition of use designations for streams which were not previously listed in Chapter 93. The changes will allow wastewater treatment requirements for dischargers to be consistent with water uses actually or potentially supportable by these streams. French Creek (Chester County), Sutton Creek (Luzerne County), Cedar Run and Slate Run (Lycoming and Tioga Counties), Cove Creek (Bedford County), and Trout Run (York County) were evaluated as a result of petitions submitted to the Environmental Quality Board (EQB). Tom Barron, 717-787-9637 Storage Tank Technical Standards
Storage Tank and Spill Prevention ActJuly 1997, as final to the EQB. This proposal consists of definitional changes, the removal of language adopting the Federal underground storage tank regulations which are proposed to be codified in new Subchapter E, adoption by reference of the Federal regulations relating to lender liability, and the creation of new subchapters to establish a permitting program for storage tanks as well as separate technical and operational standards for aboveground storage tanks. The Storage Tank Advisory Committee (STAC) participated in the development of this rulemaking. Glenn Rider, 717-772-5800 Corrections to Drainage Lists Clean Streams Law Adopted April 1997, as final to the EQB. This final rulemaking contains corrections to 64 streams or stream segments found in Chapter 93 in response to requests from DEP regional staff, the Pennsylvania Fish and Boat Commission, and the public. These nonsubstantive, corrective amendments address all or portions of streams found in 17 of the 26 drainage lists. Publication of the final rulemaking is anticipated in July 1997. Tom Barron, 717-787-9637 Chapter 93--Modifications to Water Quality Standards
(Great Lakes Initiative)
Clean Streams LawSeptember 1997, as final to the EQB. These revisions will incorporate changes needed to implement the Federal Great Lakes Water Quality Initiative (GLI). The WRAC and interested stakeholders in the Great Lakes Basin will be consulted in the development of this rulemaking. Edward Brezina, 717-787-9637 Stream Redesignations--Hay Creek, et al. Clean Streams Law Adopted June 1997, as proposed to the EQB. This proposal evaluates 17 streams or stream segments for addition, deletion, or modification to the Special Protection use designations. Edward Brezina, 717-787-9637 Chapters 91, 97 & 101--Wastewater Management Clean Streams Law Adopted June 1997, as proposed by the EQB. This proposal has been developed as a result of the Regulatory Basics Initiative (RBI) and Executive Order 1996-1 and consolidates references to related water pollution control requirements into a single source, Chapter 91. The proposal will provide the regulated community and DEP greater flexibility in implementing pollution prevention measures and will provide authority for DEP to issue general water quality management permits. The former Water Subcommittee of the Air and Water Quality Technical Advisory Committee (AWQTAC), which has been renamed the Water Resources Advisory Committee (WRAC), reviewed this proposal in February 1997. WRAC will review the draft final rulemaking later this year. Milt Lauch, 717-787-8184 Chapter 94--Municipal Wasteload Management Clean Streams Law Adopted June 1997, as proposed by the EQB This proposal was developed as a result of the RBI and Executive Order 1996-1 and deletes regulations related to implementation of the federal pretreatment program. These references are unnecessary because DEP has not accepted delegation of this EPA program, nor does it plan to seek delegation in the foreseeable future. The proposal also provides clarity with respect to annual reporting requirements for municipal wastewater facility permittees. Milt Lauch, 717-787-8184 Chapter 103, Municipal Financial Assistance
Clean Streams LawSeptember 1997, as final to the EQB. These revisions will eliminate obsolete provisions relating to the Federal sewerage construction grants program due to the phase-out of the Federal program, and update regulations relating to the use of Land and Water Conservation Act funds for municipal sewage needs. There is currently no advisory committee established to review these funding programs. Pete Slack, 717-787-3481 Act 149 Sewage Facilities Amendments
Act 149 amendments to the Sewage Facilities Act (Act 537)Adopted April 1997, as final by the EQB. The second of two rulemakings to address Act 149 amendments, this proposal offers local agencies incentives by increasing reimbursement for qualifying municipalities to administer on-lot system permitting programs and delegating the new land development planning program to local agencies. The proposal includes several exemptions and waivers from current requirements and makes numerous changes to local agency permitting procedures. Six public hearings were held throughout Pennsylvania during the 60-day public comment period which closed May 29. The Sewage Advisory Committee (SAC) has been involved in the development of this rulemaking. Milt Lauch, 717-787-8184 Stream Redesignations--Tinicum Creek, et al.
Clean Streams LawJuly 1997, as final to the EQB. Eleven streams were studied in this proposal. Five streams--Tinicum, Unami, Pine, Sideling Hill, and Lofty Creeks--were studied as a result of petitions. With the exception of Lofty Creek, which was recommended to retain its current designation of Cold Water Fishes, all streams would be provided Special Protection status. Tom Barron, 717-787-9637 Stream Redesignations--Buck Hill Creek, et al.
Clean Streams LawOctober 1997, as proposed to the EQB. This proposal evaluates 11 streams or stream segments. Ten of these involve the addition or modification of Special Protection designation. One evaluates the proper use designation of a stream not currently listed in Chapter 93. Four of the requests were the result of petitions submitted to the EQB: Buck Hill Creek, Tohickon Creek, an unnamed tributary to the Delaware River (Smithtown Creek), and Trout Run. Bob Frey, 717-787-9637 Chapters 92, 93 & 95--Water Quality Amendments
Clean Streams LawOctober 1997, as proposed to the EQB. These revisions will address several of the principles of the RBI and Executive Order 1996-1. The revisions will reorganize these chapters into permitting, water quality standards and implementation chapters respectively and will make several modifications to the programs. The WRAC reviewed drafts of the proposed rulemaking. Carol Young, 717-787-4686 Chapter 102, Erosion Control Clean Streams Law August 1997, as proposed to the EQB. This proposal will include minor revisions such as eliminating obsolete terms, simplifying technical requirements for control facilities, updating and clarifying permit requirements to reflect current Federal NPDES permit requirements for construction activities, revising requirements that may be interpreted as more restrictive than Federal requirements, and establishing a minimum area of disturbance to require the development of an erosion and sedimentation control plan. The AWQTAC and the Agricultural Advisory Board (AAB) reviewed drafts of the proposed rulemaking. Ken Murin, 717-787-6827 Chapter 105, Dam Safety and Waterway Management
Clean Streams Law, Dam Safety and Encroachment ActSeptember 1997, as proposed to the EQB. 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 flood plains into one regulation. The Wetlands Protection Advisory Committee (WetPAC) and the AAB will review drafts of the proposal. Ken Reisinger, 717-787-6827 Chapter 171, Schools Administrative Code of 1929 December 1997, as final to the EQB. The Department proposes to eliminate these regulations concerning general sanitation at private and public schools because of the transfers of the Eating and Drinking Program to the Department of Agriculture and the Bathing Place Program to the Department of Health. Most basic sanitation requirements such as adequate sewage disposal, safe drinking water and proper solid waste disposal are provided by existing programs in DEP. Joseph Hoffman, 717-787-5017 Bottled Water Permit by Rule Safe Drinking Water Act December 1997 as proposed to the EQB. These amendments to Chapter 109 would incorporate a permit by rule for bottled water systems meeting specified criteria to streamline the permitting process. DEP formed a working group of stakeholders and other interested parties to assist in identifying and selecting implementation options. The draft amendments will also include some changes pertaining to streamlining approval of new labels and clarifying reporting requirements as well as changes resulting from the RBI and Executive Order 1996-1. The Technical Assistance Center for Small Water Systems and the WRAC will review the draft amendments. John Wroblewski, 717-787-9037 Land Recycling and Environmental Remediation Standards
The Land Recycling and Environmental Remediation Standards ActAdopted June 1997, as final by the EQB. The Land Recycling and Remediation Standards Act (Act 2 of 1995) requires the adoption of statewide health standards, appropriate mathematically valid statistical tests to define compliance with the Act, and other regulations necessary to implement the Act. The regulations will provide clear direction concerning the cleanup standards required to be met to those undertaking the cleanup of a contaminated site. The regulations will establish the test used to demonstrate compliance with these cleanup standards. The regulations will also encourage the voluntary cleanup of contaminated sites that can be reused for industrial purposes rather than siting industrial activity on land which has not previously been used for those purposes. The Cleanup Standards Scientific Advisory Board (CSSAB), created by the Act, has assisted in the development of these regulations. Final publication is anticipated in August 1997. Tom Fidler, 717-783-7509 Chapters 270--299, Municipal and Residual Waste Amendments--Reporting Requirements/County Municipal Waste Plan Revisions
Solid Waste Management ActSeptember 1997, as final to the EQB. This proposal will contain revisions to the reporting requirements of the municipal and residual waste regulations, including elimination of 16 reporting forms by relying on information already contained in the files, other reports, or onsite facility operational reports; providing for the electronic transfer of data; deleting notary certification requirements for waste reports; and eliminating unnecessary information from existing reports. The overall volume of reporting forms is expected to be reduced by 50 percent. The proposal also allows counties to add or delete a facility to or from their county municipal waste plan through a non-substantive plan revision as recommended by the Municipal Waste Stakeholders Group. The Solid Waste Advisory Committee (SWAC) has been involved in the development of this proposal. Keith Kerns, 717-787-7382 Chapters 260--270--Comprehensive Hazardous Waste Amendments
Solid Waste Management ActAugust 1997, as proposed to the EQB. The amendments are a major initiative to update Pennsylvania's hazardous waste regulations and to bring the state program into conformance with the federal RCRA program by adopting large portions of the federal regulations by reference. The SWAC has reviewed the draft proposed rulemaking. Rick Shipman, 717-787-6239 Municipal Waste Revisions
Solid Waste Management ActDecember 1997, as proposed to the EQB. The proposal changes the equivalency review procedure for municipal waste permits so that once approval is given, it may be applicable statewide; revises the mandatory site inspection schedules to reduce inspections at facilities with successful environmental management programs; reduces the permit application fee and simplifies the approval process for municipal waste demonstration facilities; revises the facility design and operating standards for composting facilities to be more performance based; expand the current permit-by-rule provisions to create opportunities to reuse ''clean wastes''; revises the composting siting requirements of greater than 4 feet from the seasonal high water table; removes the prohibition of siting of some facilities within 50 feet of a property line if the adjacent landowner provides a waiver; moves the landfill liner specifications from regulations to guidance to allow for flexibility based upon technological advancements; revises leachate sampling requirements to delete parameters from quarterly sampling if not detected by monitoring; allows for leachate holding tanks and trucking for some processing facilities in lieu of connection to sewer systems or building treatment plants. The proposal will be reviewed by SWAC. Bill Pounds, 717-787-7564 Residual Waste Revisions
Solid Waste Management ActNovember 1997, as proposed to the EQB. This proposal revises the mandatory site inspection schedules to reduce inspections at facilities with successful environmental management programs; reduces the permit application fee and simplifies the approval process for demonstration facilities; revises the facility design and operating standards for composting facilities to be more performance based; expands the current permit-by-rule provisions to create opportunities to reuse ''clean wastes''; removes the prohibition of siting some facilities within 50 feet of a property line if the adjacent landowner provides a waiver; moves the landfill liner specifications from regulations to guidance to allow for flexibility based upon technological advancements; revises leachate sampling requirements to delete parameters from quarterly sampling if not detected by monitoring; allows for leachate holding tanks and trucking for some processing facilities in lieu of connection to sewer systems or building treatment plants; allows for water resistant instead of waterproof covers; modifies the minimum for 4 feet of alternating soil requirements at landfills to allow for equivalency modeling based upon site specific conditions; clarifies when a pad is required for residual waste storage. The proposal will be reviewed by SWAC. Bill Pounds, 717-787-7564 Used Oil Amendments
Solid Waste Management ActJanuary 1998, as proposed to the EQB. This proposal consolidates the requirements for the management of used oil into one chapter. The SWAC will review the draft amendments in September 1997. Bill Pounds, 717-787-7564 NOx Emission Reduction Requirements
Air Pollution Control ActSeptember 1997, as final to the EQB. This proposal implements a nitrogen oxides (NOx) emissions budget program consistent with the Ozone Transport Commission's (OTC) Memorandum of Understanding (MOU) on Phase II NOx reductions for the 12 Northeast Ozone Transport Region (OTR) states and the District of Columbia. This regulation will require reductions in ozone season NOx emissions from fossil-fired utility and large industrial combustion facilities in Pennsylvania in order to achieve the health-based National Ambient Air Quality Standard (NAAQS) for ozone. DEP worked with the former Air Subcommittee of AWQTAC in the development of the proposed regulation, and will brief the new Air Technical Advisory Committee (ATAC) on the final amendments. Terry Black, 717-787-4310 Aerospace Manufacturing and Rework--VOC Emission Limitations
Air Pollution Control ActJuly 1997, as proposed to the EQB. This proposal will establish surface coating, adhesive, solvent cleaning, and housekeeping requirements specific to the aerospace manufacturing and rework industry. Presently, these operations are regulated, where applicable, by the general surface coating limitations contained in Section 129.52. The proposed regulation will be based on the provisions of an EPA draft Control Techniques Guidance (CTG) which specifies minimum performance levels. The CTG and the companion maximum achievable control technology (MACT) document stress pollution prevention in use, reuse/recycling, handling, storage and disposal of solvents. The EPA CTG and MACT also specify application techniques which may be used. These requirements acknowledge the unique nature of the aerospace coatings and coating processes and provide for the use of some materials which have higher VOC levels than are permissible under existing regulations. The proposal would also delete the requirement from Section 129.51 which requires that all equivalencies be submitted to EPA as revisions to the State Implementation Plan (SIP). The former Air Subcommittee of AWQTAC reviewed this proposal in April. Terry Black, 717-787-4310
[Continued on next Web Page]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
