NOTICES
GOVERNOR'S OFFICE
Regulatory Review
[28 Pa.B. 700] Executive Order 1996-1, which was signed by Governor Ridge on February 6, 1996, requires all agencies under the jurisdiction of the Governor to submit for publication an agenda of regulations under development or consideration. The following is the fourth publication of the Administration's regulatory agenda, grouped by agency. Subsequent agendas will be published on the first Saturdays in February and July.
The agendas are compiled to provide members of the regulated community advanced notice of regulatory activity. It is the intention of the Administration that these agendas will serve to increase public participation in the regulatory process.
Agency contacts should be contacted for more information regarding the regulation and the procedure for submitting comments.
This Agenda represents the Administration's present intentions regarding future regulations. The nature and complexity of an individual regulation obviously will determine whether and when any particular regulation listed below (as well as any considered subsequent to publication of this Agenda) is published.
Regulation Being Proposed Date Agency Considered for Promulgation Need and Legal Basis for Action Contact ADMINISTRATION
No regulations being developed or considered at this date. AGING PA Code Title VI Chapter 11 Older Adult Daily Living Centers April 1998, as proposed. This regulation is in the process of revision to conform to the requirements of Acts 169-96 and 13-97 and will receive final review by stakeholders. Review is occurring as a result of these Acts and of Executive Order 1996-1. Robert Hussar 717-783-6207 PA Code Title VI Chapter 15 Protective Services For Older Adults July 1998, as proposed. This regulation is being reviewed as a result of Executive Order 1996-1 and of Acts 169-96 and 13-97; it will receive initial review by stakeholders in early 1998. Robert Hussar 717-783-6207 PA Code Title VI Chapter 21 Domiciliary Care Services for Adults September 1998, as proposed. This regulation is in the process of review by interested parties. Review is occurring as a result of Executive Order 1996-1. Robert Hussar 717-783-6207 PA Code Title VI Chapter 3 Fair Hearings and Appeals June 1998, as proposed. This regulation is being sent for initial review by stakeholders. Review is occurring as a result of Executive Order 1996-1. Robert Hussar 717-783-6207 AGRICULTURE Agricultural Land Conservation Assistance Grant Program
7 Pa. Code Chapter 138hJune 1998, as proposed. This regulation will amend current regulations to refine the criteria pursuant to which the Department awards grants for farmland protection projects of Statewide scope. Raymond Pickering (717)783-3167 ''Clean and Green'' Regulations
7 PA.Code Chapter 137September 1998, as proposed. County Assessors have primary enforcement authority under the ''Clean and Green'' Act (72 P. S. .§§ 5490.1-5490.13), and favor a revision of current regulations to promote uniform and consistent interpretation and enforcement of the Act statewide. The current regulations have not been revised in 15 years. The Pennsylvania Farmland and Forest Land Assessment Act of 1974, known commonly as the ''Clean and Green'' Act (72 P. S. §§ 5490.1-5490.13) is the statutory basis for the regulation. Raymond Pickering
(717) 783-3167Consolidation/Update of Retail Food Store Regulations July 1998, as proposed. This regulation would provide the retail food industry needed and requested guidance for the safe handling of food. The Food Act (31 P. S. § 20.1-20.18) is the statutory basis for this regulation. Charles Radle (717) 772-3234 Food Employee Certification
7 Pa. Code Chapter 83April 1998, as final. This regulation is required by the Food Employee Certification Act (3 Pa. C.S. Sections 6501-6510), and will establish standards for training of certain food industry personnel. Martha Melton (717) 782-8354 Maple Products June 1998, as proposed. This regulation is required by the Maple Products Act (3 Pa. C.S. §§ 6101-6112). This regulation would establish standards, product quality practices and facility requirements relating to the production of maple syrup and maple products. Charles Radle (717) 772-3234 Harness racing commission September 1998, as proposed. This regulation is necessary to update current regulations, make them more user-friendly and address conditions which exist in harness racing that did not exist when the current regulations were originally promulgated. This regulation is a long-term project and would amend 58 Pa. Code Chapters 181, 183, 185 and 186-190, including the general authority of the Commission and provisions relating to associations licensed to conduct pari-mutuel wagering, individual licensing, licensing of officials, rules of the conduct of races, veterinary practices, equine health and medication, wagering, due process and disciplinary action. Richard Sharbaugh
(717) 787-5196Horse racing commission. No publication anticipated in next 12 months. This commission plans an update of its regulatory authority (at 58 Pa. Code Chapters 161, 163, 165, 167, 171 and 173), for the same general reasons and on the basis of the same statutory authority cited by the Harness Racing Commission, above. Ben Nolt
(717) 787-1942Bureau of Market Development. Standards for Grading Veal Calves. March 1998, as proposed. The regulation would bring the Commonwealth's standards for grading veal calves into conformity with USDA standards. The regulation would amend current regulatory authority at 7 Pa. Code Chapter 101 by deleting standards for grading veal calves and adopting USDA standards by reference. Richard McDonald
(717) 787-5319Certification of Virus-Tested Geraniums. September 1998, as proposed. This regulation would amend the current regulatory authority to update the voluntary program pursuant to which geranium producers may obtain the Department's certification of virus-tested geraniums. This amendment would establish an inspection fee to help cover the Department's costs in inspecting and testing geraniums offered for certification. This regulation would amend 7 PA.Code Chapter 122 to: 1) expand the certification of virus-tested geraniums to include Culture-Indexed Geraniums, which are free from certain economically- important bacterial and fungal pathogens; and 2) establish a reasonable fee for the Department's inspection and certification services. Ruth Welliver (717) 787-5609 Dog Law June 1998, as proposed House Bill 397 of 1996 accomplished revisions of the Dog Law that will necessitate regulatory revisions. This regulation is a long-term project and would amend 7 Pa. Code Chapters 21,23,25 and 27 to bring them into greater conformity with statutory revisions. The Dog Law (3 P. S. §§ 459-10 et. seq.)is the statutory basis for this regulation. Richard Hess (717) 787-4833 Plant Industry Regulations
Land application of soil & groundwater contaminated with agricultural chemicals.June 1998, as proposed. This regulation is required under the Land Recycling and Environmental Remediation Standards Act, at 35 P. S. § 6026.101 et seq. This regulation would allow soil and groundwater contaminated with agricultural chemicals to be treated and re-applied upon agricultural lands. David Bingaman (717) 787-4843 Farm Safety and Occupational Health Grant Program February 1999, as proposed. This regulation is needed to replace an existing statement of policy published in the March 16, 1996 Pa. Bulletin. This regulation would formalize the statement of policy by which the Farm Safety and Occupational Health Grant Program operates. The Program awards grants to fund projects to increase the knowledge and awareness of farm safety measures and occupational health issues among the Commonwealth's rural youth. John Tacelosky (717) 787-4843 Fruit Tree Improvement Program. December 1998, as proposed. This regulation would facilitate interstate and international export of Pennsylvania-grown fruit tree nursery stock. This regulation would amend 7 Pa. Code Chapter 120, which provides testing and inspection standards and procedures pursuant to which fruit tree nursery stock can be certified as to quality, consistency and disease/ insect-free status. The regulation would be a technical update of current provisions, would bring this program into greater conformity with programs in other states and would provide more practical assistance to participating growers. Ruth Welliver (717) 787-5609 Rides and Measurement Standards July 1998, as proposed. Senate Bill 509 of 1996 was enacted into law as the Consolidated Weights and Measures Act at 3 Pa. C.S. §§ 4101-4193). This statute will necessitate regulatory revisions. This regulation is a long-term project intended to update regulatory authority. The Consolidated Weights and Measures Act (3 Pa. C.S. §§ 4101-4193) is the statutory basis for the regulation. Charles Bruckner
(717) 787-6772BANKING Secondary Mortgage Loan Act regulations. No publication anticipated in the next six months. The Secondary Mortgage Loan Act (''SMLA''), 7 P. S. § 6601 et seq., was passed in 1980 and most recently amended by Act 15 of 1995. The Department is evaluating the need for regulatory guidance to be provided to second mortgage residential lenders, brokers sponsoring brokers, and broker's agents under the SMLA. Laurie S. Kennedy,
(717) 787-1471''Other investments'' regulations for Pennsylvania state-chartered banking institutions. No publication anticipated in the next six months. Sections 103(a) and 315(g) of the Banking Code of 1965, as amended, 7 P. S. §§ 103(a) and 315(g), provide authority for the Department to promulgate regulations to allow Pennsylvania state-chartered banking institutions to make investments not otherwise authorized by the Banking Code. The Department is evaluating the need for such regulatory guidance and authority in the context of modernizing investment authority for Pennsylvania state-chartered banking institutions. Reginald S. Evans
(717) 787-1471Amendments to the Leeway Investments regulations for Pennsylvania state-chartered banking institutions. No publication anticipated in the next six months. The existing leeway investments regulations are located at 10 Pa. Code §§ 27.1 - 27.4 and have been effective since March 9, 1974. These regulations were promulgated pursuant to authority stated in sections 103(a), 307, 311(d)(vi), and 504(b)(x) of the Banking Code of 1965, as amended, 7 P. S. §§ 103(a), 307, 311(d)(vi), and 504(b)(x), and can be amended pursuant to the same statutory authority. Leeway investments are made by Pennsylvania state-chartered banks in stock, bonds, notes, or debentures of corporations formed to promote the public welfare and community development, expand the economy, or provide for social reform. The Department is evaluating the need for additional regulatory guidance in the context of modernizing leeway investment authority for Pennsylvania state-chartered banking institutions, including amending the parameters for Pennsylvania state-chartered banking institutions to make leeway investments. David H. Bleicken
(717) 787-1471BUDGET No regulations being developed or considered at this date. COMMUNITY & ECONOMIC DEVELOPMENT Certified Provider Spring, 1998, as proposed. In accordance with the Job Enhancement Act of 1996, the regulation will establish professional and organizational standards that must be met in order for providers to continue packaging loans on behalf of the department. Russell C. Bellavance
(717) 783-8452Pennsylvania Industrial Development Authority
12 Pa. Code Chapter 73 (review for amending and deleting)Spring, 1998, as proposed. The regulation will delete those portions of the existing regulation of The Pennsylvania Industrial Development Authority Board which ought to be in policies or guidelines rather than in regulation and, if any portion of the regulation remains, it will be brought current to comport with actual administration of the PIDA program Gerald W. Kapp, Jr.
(717) 787-6245COMMISSION ON CRIME AND DELINQUENCY No regulations being developed or considered at this date. CONSERVATION & NATURAL RESOURCES Conservation of Native Wild Plants September 1998, as proposed. This proposal is being developed to update existing native wild plant regulations. The legal basis for these regulations is the Wild Resource Conservation Act of 1982. This update is necessary to change the status of various plants to reflect field work completed during the last three years. Recommendations of the Rare Plant Committee and the Vascular Plant Technical Committee will be considered during the development of this proposed rulemaking. Daniel A. Devlin (717) 787-3444 State Forest Rules and Regulations June 1998, as final. This proposal is an update of existing regulations regarding conduct on State Forest land. The legal basis for these regulations is Section 301 of Act 18 of 1995. This update also includes changes to improve compliance where roads are closed to vehicular access, to provide for better protection of designated hiking trails, and to establish special activity agreements for commercial use of state forest roads. Warren A. Ely (717) 787-2014 State Forest Picnic Areas Rules and Regulations June 1998, as proposed. This proposal is an update of existing regulations regarding conduct in State Forest Picnic Areas. The legal basis for these regulations is Section 301 of Act 18 of 1995. Warren A. Ely (717) 787-2014 CORRECTIONS Motivational Boot Camp Act
61 P. S. Section 1221 et seq.June 1998, as proposed. The regulations will address boot camp administration, establishment of selection committees, inmate selection criteria, programming and supervision, inmate discipline and staff training. Kathleen Gnall (717) 975-4860 Prison Medical Service Program January 1998, as final. The regulations are mandated by the Prison Medical Service Act, of May 16, 1996, Act No. 1996-40, and will enable the Department to require inmates to pay a fee for medical services. The regulations will describe the services which will and will not be subject to a fee, establish the fees and provide a mechanism for collection of the fees. Kathleen Zwierzyna
(717) 731-7031Revisions to the existing regulations governing county correctional facilities, 37 Pa. Code Chapter 95. June 1998, as proposed. The regulation will be revised to eliminate unnecessary regulations and modernize necessary regulations, particularly those affecting the transfer of inmates between state and county correctional facilities. William M. Reznor
(717 975-4876Amendment of Media Relations regulations January 1998, as final. The regulations will be repealed because other internal departmental policies will enable media access to the inmate population. Repeal under such circumstances is consistent with the general principle of Executive Order 1996-1 that viable non-regulatory alternatives are preferred over regulations. Roger H. Baumgarten
(717) 975-4862Review and/or revision of all current Department of Corrections regulations contained in Title 37 of the Pennsylvania Code. Spring/Summer 1998, as proposed. The purpose of the review is to ensure that the Department's regulations are consistent with current legal standards concerning prison administration and operation. The legal basis for the action is found at Section 506 of the Administrative Code of 1929, 71 P. S. § 186, which grants the Commissioner of Corrections the authority to prescribe regulations for the Department that are not inconsistent with law. J.D. Shutt
(717) 975-4860EDUCATION Pupil Personnel Services Pupil Attendance Students
22 Pa. Code, Chapters 7, 11, 12May 1998, as proposed. These proposed revisions to existing chapters of regulations are necessary to align provisions of Chapter 12 in compliance with recently-enacted legislation and court decisions; to accurately reflect current practices; delete nonregulatory language; and eliminate non-regulatory provisions. 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) 787-3787Special Education Services and Programs
22 Pa. Code, Chapter 14July 1998, as proposed. These regulations are necessary to establish procedures for the identification of students who are in need of special education services and programs and to set forth requirements and procedures for the delivery of those services and programs. The review of these current regulations will focus on current federal and state law regarding special education services and programs to ensure compliance, consistent and accurate terminology and application of existing provisions. Peter Garland
(717) 787-3787School Buildings
22 Pa. Code, Chapter 21May 1998, as proposed. These regulations are necessary to provide uniform standards and procedures for seeking Departmental approval in school building projects. The proposed revisions are necessary to provide clarification and to reflect current practice. 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. Peter Garland
(717) 787-3787Higher Education General Provisions Foreign Corporation Standards Institutional Approval
22 Pa. Code, Chapters 31, 36, 40July 1998, as proposed. These regulations are necessary to establish procedures for the approval and operation of institutions of higher education in the Commonwealth. Specific revisions to Chapters 31 and 40 are necessary to clarify the intent of the chapters and to modify the time frame during which new institutions must achieve accreditation. 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) 787-3787Branch Campuses for State-supported Institutions Program Approval
22 Pa. Code, Chapters 34, 42August 1998, as proposed. These regulations are necessary to establish procedures for the approval of branch campuses and for the approval of programs offered by institutions. Review and revision are necessary to ensure that the regulations are consistent with current practice and terminology. 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) 787-3787Academic Standards and Assessment
22 Pa. Code, Chapter 4April 1998, as proposed. These regulations are proposed to establish rigorous academic standards and assessments for the public schools of the Commonwealth. These proposed regulations are designed to replace current Chapters 3 (School Profiles), 5 (Curriculum) and 6 (Vocational Education). 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) 787-3787Gifted Education
22 Pa. Code, Chapter 16February 1998, as proposed. These regulations are proposed to establish separate rules for programs and services for gifted students apart from those established for other special needs students. Current special education regulations (Chapters 14 and 342) are largely driven by federal action. Gifted education is a state program. Separation of enabling regulations will permit greater efficiency and effectiveness in program operations. 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) 787-3787Extended School Year Services
22 Pa. Code, Chapter 14, §§ 14.1, 14.34 & Chapter 342, § 342.34February 1998, 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) 783-2311Certification of Professional Personnel
22 Pa. Code, Chapter 49May 1998, as proposed. 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) 787-3787General Standards for Preparation of Professional Educators
22 Pa. Code, Chapter 352January 1998, as proposed. These regulations will provide general standards for the preparation of professional educators for the Commonwealth. Pennsylvania colleges and universities must meet these standards to obtain or retain Pennsylvania Department of Education approval to conduct professional educator programs leading to Pennsylvania certification. These regulations are being promulgated under authority of 22 Pa. Code, Chapter 49. Samuel Marcus
(717) 783-6794Private Driver Training Schools
22 Pa. Code, Chapter 101April 1998, 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) 783-6595EMERGENCY MANAGEMENT AGENCY No regulations being developed or considered at this date. ENVIRONMENTAL HEARING BOARD 25 PA Code §§ 1021 March 1998, 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 June 1998, as final to the 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. EPA promulgated regulations for Pennsylvania in December 1996. The Reg Neg Group included representatives of conservation groups, the regulated community, public interest groups and government. The EQB received over 1,700 comments on its proposal. The Department has considered and responded to comments and is preparing final amendments. The Water Resources Advisory Committee (WRAC) will be briefed on the final rulemaking. Carol Young, 717-787-4686 Stream Redesignations - French Creek, et al. (Part A) Clean Streams Law March 1998, as final to the EQB. This proposal evaluates 26 water bodies in 15 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), and Cove Creek (Bedford County), were evaluated as a result of petitions submitted to the Environmental Quality Board (EQB). Part B of the package contains recommendations for Browns Run (Warren County) and Trout Run (York County) and will be restudied by the EQB and considered in early 1999. Tom Barron, 717-787-9637 Chapters 91, 97 & 101 - Wastewater Management Clean Streams Law April 1998, as final to 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 DEEP 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. The proposal was discussed with the Agricultural Advisory Board (AAB) in October 1997. WRAC and the AAB will review the draft final rulemaking in early 1998. Milt Lauch, 717-787-8184 Chapter 94 - Municipal Wasteload Management Clean Streams Law April 1998, as final to 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. WRAC will review the draft final rulemaking in early 1998. Milt Lauch, 717-787-8184 Chapters 92, 93, 95, 96 & 97 - Water Quality Amendments Clean Streams Law March 1998, 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. The draft proposal was discussed with the AAB in December 1997. Carol Young, 717-787-4686 Chapter 102, Erosion Control Clean Streams Law Fall 1998, as final to the EQB. This proposal includes 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 WRAC and the AAB will review drafts of the final rulemaking. Ken Murin, 717-787-6827
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