[28 Pa.B. 700]
[Continued from previous Web Page]
Regulation Being Proposed Date Agency Considered for Promulgation Need and Legal Basis for Action Contact Chapter 105, Dam Safety and Waterway Management Clean Streams Law, Dam Safety and Encroachment Act December 1998, 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 floodplains into one regulation. The Wetlands Protection Advisory Committee (WetPAC) and the AAB are reviewing drafts of the proposal. Ken Reisinger, 717-787-6827 Chapter 171, Schools Administrative Code of 1929 June 1998, 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. The Department is working with these agencies to ensure that all regulatory programs continue to be administered in schools. 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 Systems Permit by Rule Safe Drinking Water Act March 1998, 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. DEEP 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 WRAC have reviewed the draft amendments. John Wroblewski, 717-787-9037 Chapters 260-270 - Comprehensive Hazardous Waste Amendments Solid Waste Management Act September 1998, as final 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 reviewed the draft proposed rulemaking and will review the draft final amendments. The proposed rulemaking was published December 6, 1997. The public comment period closed February 4, 1998. Rick Shipman, 717-787-6239 Municipal Waste Revisions Solid Waste Management Act April 1998, as proposed to the EQB. This proposal changes the environmental assessment requirements to evaluate harms or potential harms vs. benefits; revises the criteria for permit issuance or denial based upon harms vs. benefits; includes revisions to ICW permit by rule and general permit requirements; includes standards for odor, noise and other nuisance control; modifies the closure requirements, and assessment and abatement standards to be consistent with the Act 2 regulations and federal Subtitle D criteria; revises the planning and grant procedures; revises isolation distances; 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; revises the facility design and operating standards for composting facilities to be more performance based; 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 draft proposal was reviewed by SWAC. Bill Pounds, 717-787-7564 Residual Waste Revisions Solid Waste Management Act March 1998, as proposed to the EQB. The proposal changes the definition of waste and related terms to be similar to the solid waste definitions in RCRA Subtitle C; revises definitions and final closure standards to be consistent with the Act 2 regulations; allows for industry wide coproduct determinations and recycling of scrap metal; revises the assessment and abatement procedures to be consistent with the Act standards; includes standards for odor, noise and other nuisance control; revises isolation distances; modifies the environmental assessment requirements; 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; 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; modifies the attenuating soil requirements at landfills to allow for equivalency modeling based upon site specific conditions. The draft proposal was reviewed by SWAC. Bill Pounds, 717-787-7564 Waste Oil Amendments Solid Waste Management Act April 1998, as proposed to the EQB. This proposal consolidates the requirements for the management of used oil into one chapter. The SWAC reviewed the draft amendments in January 1998. Bill Pounds, 717-787-7564 Aerospace Manufacturing and Rework - VOC Emission Limitations Air Pollution Control Act May 1998, as final to the EQB. This proposal establishes 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 is 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 also deletes the requirement from Section 129.51 which requires that all equivalencies be submitted to EPA as revisions to the State Implementation Plan (SIP). The Air Quality Technical Advisory Committee (AQTAC) reviewed the draft proposal and will review the draft final amendments. Terry Black, 717-787-4310 New Motor Vehicle Emissions Control Program Air Pollution Control Act September 1998, as final to the EQB. This proposal establishes the mechanism for Pennsylvania to opt into the National Low Emission Vehicle (NLEV) program. It allows NLEV to be a fully acceptable compliance alternative to state emission limitations established for certain new vehicles sold after a specified model year. Should the state program be implemented, the applicable model year will be determined based on the time of adoption of the final rule; however, the model year cannot be earlier than the second model year following final adoption. The state emission limitations for nonmethane organic compounds (NMOG) and oxides of nitrogen (NOx) must be identical to those in effect for those applicable to cars sold in California. Each manufacturer must also meet a fleet emissions average for NMOG which gets increasingly more stringent over the years until 2003. This allows the manufacturer to vary the mix of vehicles according to market demand. The program will not require ''California fuels'' nor a zero emissions vehicle (ZEV) mandate. The AQTAC reviewed this proposal and will review the final amendments. The proposed rulemaking was published November 29, 1997. Arleen Shulman, 717-787-4310 Control of VOCs from Gasoline Dispensing Facilities (Stage II) Air Pollution Control Act April 1998, as final to the EQB. DEP formed stakeholder groups to assist the Department in selecting air quality control strategies to address ozone nonattainment in the Pittsburgh and Philadelphia areas. The stakeholders evaluated control strategies to address and resolve the problem. The Pittsburgh area proposed strategies resulted in proposed regulations regarding Stage II. This proposal will result in a revision to the SIP. The AQTAC was briefed in the development of the final rulemaking. Terry Black, 717-787-4310 Air Quality Amendments - RBI #2 Air Pollution Control Act April 1998, as final to the EQB. These amendments are the second in a series of regulatory proposals implementing changes to DEP's air resource regulations resulting from the RBI. The proposal deletes portions of Chapter 128 which established alternative emission reduction limitations for certain air contamination sources; allows 45 days in Section 129.56 for repairs of defective seals on floating roof storage tanks of 40,000 gallons or more; revises Section 129.67(b)(2) to insert the term ''less water'' which was inadvertently deleted in a previous rulemaking; deletes the perchloroethylene (perc) requirements for dry cleaning facilities in Section 129.70 since EPA no longer considers perc a volatile organic compound (VOC); and deletes the Pennsylvania ambient air quality standards for sulfates, hydrogen fluoride and hydrogen sulfide in Chapters 131 and 139 because they are not required under the Clean Air Act. The ATAC will review the draft final amendments. Terry Black, 717-787-4310 Malodors - RBI #3 Air Pollution Control Act June 1998, as final to the EQB. The malodor regulations will be modified to clarify the definition of ''malodor,'' add a definition for ''odor investigation'' and add a technology limitation to resolve malodor problems. Drafts of the final rulemaking will be reviewed by AQTAC. Terry Black, 717-787-4310 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. The Department will propose a separate rulemaking package regarding emission reduction credits. In addition, 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 ERC's, and the use of an ''area wide'' plantwide applicability limit (PAL) to address trading issues. The proposed rules were issued in July 1996, and EPA indicates that final rules are to be issued in mid 1998. 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, 717-787-4310 Surface Coating Processes Air Pollution Control Act April 1998, as proposed to the EQB. This regulation will simplify the calculation procedure for determining compliance with Chapter 129 and consider small source exemptions to the extent possible without degrading air quality. The AQTAC will review the draft regulations. Terry Black, 717-787-4310 Mobile Equipment Repair and Refinishing
Air Pollution Control ActDecember 1998, as final to the EQB. The Southwest and Southeast Ozone Stakeholder Working Groups recommended that DEP adopt programs to reduce VOC emissions from automobile refinishing. The proposed regulations will establish maximum VOC content levels for automobile refinish materials used in the Commonwealth. The proposed regulation will also establish permitting requirements, pollution prevention and work practice standards. The AQTAC reviewed the draft proposed regulations. Terry Black, 717-787-4310 Degreasing Operations Air Pollution Control Act June 1998, as proposed to the EQB. The Southwest and Southeast Ozone Stakeholder Working Groups recommended that DEP adopt programs to reduce VOC emissions from degreasing operations. The proposed regulations will establish requirements for solvent cleaning operations not presently regulated by the provisions of Section 129.63. The AQTAC will review the draft proposed rulemaking. Terry Black, 717-787-4310 Emissions Trading - NOx and VOCs (ERCs) July 1998, as proposed to the EQB. The proposed regulations will modify the existing program for emissions trading of NOx and VOCs. The AQTAC will review a draft of the proposed rulemaking. The proposed rule will address the generation of ERCs from pre-1994 source shutdowns; the elimination of VOC offset requirements in certain attainment counties; elimination of offset requirements for NOx MOU covered sources; and issues related to enhanced BAT. Terry Black, 717-787-4310 Chapter 240, Radon Certification Radon Certification Act December 1998, as proposed to the EQB. DEP conducted workshops attended by selected individuals from the Pennsylvania certified radon community to discuss possible amendments to the current regulations which appear to be of concern to the regulated community and which do not fully address new technologies that were developed since the effective date of the 1991 radon certification regulations in Chapter 240. Draft regulations are anticipated to be developed by July 31, 1998. Michael Pyles, 717-783-3594 Low-Level Radioactive Waste - Waste Minimization
Low-Level Radioactive Waste Disposal ActMarch 2000, as proposed to the EQB. DEP prepared a draft waste minimization issues (WM) paper which identifies ideas and options pertaining to waste minimization plan requirements for low-level radioactive waste generators. This document was presented to the Low-Level Waste Advisory Committee (LLWAC) in September 1997. The WM issues paper was subsequently converted into draft WM criteria and was presented to the LLWAC on December 12. The draft WM criteria document is anticipated to be finalized by June 1998. Rich Janati, 717-787-2163 Radiological Health (Chapters 216, 218, 221, 223, 227, 228) Radiation Protection Act July 1998, as final to the EQB. The Department is developing amendments to its radiological health regulations which were last revised in 1983. The amendments will address technological advances, mostly in the medical profession, which have occurred since that time. Issues to be addressed include new diagnosis and treatment methods, and particle accelerators which have changed in design and function. The amendments will offer increased protection to both employees and patients for medical diagnosis and treatment applications and address health and safety concerns, including the reduction in unnecessary exposure to patients and employees/operators. The Department consulted with its Radiation Protection Advisory Committee (RPAC) to solicit input on a draft of the regulations. RPAC will review the draft final regulations in April 1998. Stuart Levin, 717-787-3720 Radiological Health (Chapters 215, 217, 219, 220, 224, 225, 226, 230 and 232) Radiation Protection Act November 1998, as final to the EQB. The Department is updating its regulations for the control of radioactive material in preparation for becoming an Agreement State with the U.S. Nuclear Regulatory Commission (NRC). One of the NRC requirements for the agreement is to have and maintain compatible regulations with the NRC. The proposed regulations address industrial radiography, well logging, irradiators, medical uses, transportation and packaging, protection standards and licensing. The Department consulted with RPAC to solicit input on a draft of the regulations. Stuart Levin, 717-787-3720 Chapter 86, Subchapters A and D - General Provisions and Areas Unsuitable for Mining Surface Mining Conservation and Reclamation Act, Clean Streams Law, Coal Refuse Disposal Control Act Fall 1998, as final to the EQB. The amendments address regulations which are more stringent than federal requirements, lack clarity, and which are inconsistent with language used in federal regulations. This proposal was reviewed by the MRAB and is anticipated to be published in February. David Hogeman, 717-787-4761 Chapter 89 - Mine Subsidence Control, Damage Repair (Act 54) Surface Mining Conservation and Reclamation Act, Clean Streams Law, Coal Refuse Disposal Control Act, Bituminous Mine Subsidence and Land Conservation Act March 1998, as final to the EQB. Various sections of Chapter 89 are obsolete and are being 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, there was no advisory committee review. Harold Miller, 717-783-8845 GENERAL SERVICES Instructions to Bidders 4 Pa. Code, Chapter 61 Spring, 1998, 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) 787-7095General Conditions of the Construction Contract 4 Pa. Code, Chapter 63 Spring, 1998, as proposed. See comment for Chapter 61. Merle H. Ryan
(717) 787-7095State Art Commission 4 Pa Code, Chapter 65 Spring, 1998, as proposed. The legislation creating the State Art Commission was sunsetted. Merle H. Ryan
(717) 787-7095Emergency Construction Repairs 4 Pa. Code, Chapter 67 Summer, 1998, as proposed. The regulation should be amended to more accurately reflect present practice and to delete contract provisions. Such provisions should not be in regulatory form and their deletion will serve the same purpose as noted for Chapter 61. Merle H. Ryan
(717) 787-7095Contract Compliance 4 Pa. Code, Chapter 68 Spring, 1998, as proposed. Executive Order 1996-8 transferred the contract compliance responsibilities to the Department of General Services John R. McCarty
(717) 783-8720Commonwealth Parking Facilities 4 Pa. Code, Chapter 71 Summer, 1998, as proposed. Amendments are required because parking locations have been changed. Ronald L. Coy
(717) 783-5028Commonwealth Automotive Fleet 4 Pa. Code, Chapter 73 Summer, 1998, as proposed. The regulation will be amended to eliminate the requirement for a Pennsylvania license to drive a state vehicle and will permit out-of-state licenses. Gary Ankabrandt
(717) 783-1982Processing Subscriptions and Sales of Pennsylvania Code and Related Publications 4 Pa. Code, Chapter 81 Fall, 1998, as proposed. These regulations should be repealed since the Department of General Services' Bureau of Management Services no longer has responsibility for the processing of subscriptions and orders for the Pennsylvania Code. The Pennsylvania Code contractor is now responsible for Pennsylvania Code subscriptions. New regulations will be developed to address sales of Commonwealth publications in general. John R. McCarty
(717) 783-8720First Amendment Rights Amendment to 4 Pa. Code, Chapter 86 Spring, 1998, as proposed. The amendment will extend coverage of the statement of policy to the Philadelphia State Office Building, Pittsburgh State Office Building, Scranton State Office Building, and Reading State Office Building. Gregory C. Santoro
(717) 787-5599Death Benefits for Survivors of Firemen and Law Enforcement Officers 4 Pa. Code, Chapter 89 Summer, 1998, as proposed. Since Act 101 of June 24, 1976 (P. L. 424) was amended by Act 161 of 1994 (P. L. 1373), the regulations must be amended to reflect the legislative changes. Ronald L. Coy
(717) 783-5028HEALTH Emergency Medical Services 28 Pa. Code § 1001.1 et seq. July 1998, as proposed. The proposed amendments to the current regulations for the operation of the Emergency Medical System in the Commonwealth pursuant to the Emergency Medical Services Act, 35 P. S. §§ 6921-6938. Kenneth Brody 717-783-2500 Communicable Diseases 28 Pa. Code § 27.1 et seq. October 1998, as proposed. The amendments to existing regulations to make them consistent with current public health practices for the control of communicable and other reportable conditions. Currently under review by Bureau of Community Health, Bureau of Preventive Health, Bureau of Epidemiology and Bureau of Maternal and Child Health. Suzanne Craig 717-783-2500 Personnel Administration in County Health Departments, 28 Pa. Code § 13.1 et seq.; State Aid to Local health Departments, 28 Pa. Code § 15.1 et seq. October 1998, as proposed. The amendments to existing regulations to make them consistent with current local health administration practices. Currently under review by Bureau of Community Health. Suzanne Craig 717-783-2500 Drug and Alcohol Confidentiality 4 Pa. Code § 255.1 et seq. and § 257.1 et seq. July 1998, as proposed. These regulations are being reviewed for updating and to address concerns regarding availability of records of patients being treated for drug and alcohol related problems. Keith Fickel 717-783-2500 Newborn Screening 28 Pa. Code § 28.1 et seq. No publication anticipated in the next six months. These regulations are to address amendments to the Newborn Child Testing Act regarding procedures and time frames for the drawing of blood and filing of reports and the addition of two reportable diseases. Authority for these regulations is set forth in the Newborn Child Testing Act, 35 P. S. § 621.1 et seq. Yvette Kostelac 717-783-2500 Amendments to the List of Drugs Which Optometrists May Use in the Course of Their Practice 28 Pa. Code Ch. 6 March 1998, as proposed. These amendments to the regulations currently set out at 28 Pa. Code Ch. 6 are intended to comport with the expansion of the definition of the practice of optometry in the Optometric Practice and Licensure Act, (P. L. 197, No. 57) (63 P. S. § 244.1 et seq.). That act was amended by the Act of October 30, 1996, (P. L. 721, No. 130) to permit the administration and prescription of legend and nonlegend drugs as approved by the Secretary of Health for treatment of certain areas of the visual system, and under certain conditions. These proposed regulations include an expanded list of drugs approved by the Secretary for use by optometrists in the course of their practice. Yvette Kostelac 717-783-2500 Environmental Health Assessment
28 Pa. Code § 17.1 et seq.July 1998, as proposed. These amendments are necessitated by the transfer of authority for certain environmental regulations from the Department of Environment Protection to the Department of Health. The DOH has met with consumer groups to obtain stakeholder input. Nan Lipton 717-783-2500 Dental Laboratories
28 Pa. Code § 25.301 et seq.March 1998, as proposed. These new regulations are needed to establish standards for the operation of laboratories in dental offices, as required by the Controlled Substances, Drug Device and Cosmetic Act at 35 P. S. § 780-101 et seq. Laurie McGowan 717-783-2500 Managed Care Organizations
28 Pa. Code §§ 9.1-9.227July 1998, as proposed. Amendment and update of regulations for Health Maintenance Organizations and Preferred Provider Organizations. Howard Burde Laurie McGowan 717-783-2500 Head Injury Program February 1998, as proposed. Regulations will facilitate the implementation of this program. Lawrence Otter 717-783-2500 Health Facility Licensure-- Ambulatory Surgical Facilities
28 Pa. Code § 551.1 et seq.March 1998, as final. Amendment and update of regulations for ambulatory surgical facilities. Review occurred due to sunset of Certificate of Need James T. Steele, Jr. 717-783-2500 Health Facility Licensure-- Long Term Care Facilities & 28 Pa. Code § 201.1 et seq. April 1998, as final. Amendment and update of regulations for long term care facilities. Review occurred due to sunset of Certificate of Need James T. Steele, Jr. 717-783-2500 Health Facility Licensure-- General & Special Hospitals & Health Planning
28 Pa. Code § 101.1 et seq.
28 Pa. Code § 301.1 et seq.
28 Pa. Code § 401.1 et seq.March 1998, as proposed. Amendment and update of regulations for general and acute care hospitals, emergency services and psychiatric services. Also, the chapters on health planning are proposed for repeal. Review occurred due to sunset of Certificate of Need James T. Steele, Jr. 717-783-2500 Health Facility Licensure-- General Administrative Chapter & General and Special Hospitals
28 Pa. Code § 51.1 et seq. 28 Pa. Code § 101.1 et seq.February 1998, as final. Addition of general administrative chapter providing regulations relevant to all health care facilities; and addition of chapters to the general and special hospital regulations detailing requirements for the provision of specific types of services: open heart surgery, cardiac catheterization, organ transplantation surgery and neonatal care. Review occurred due to sunset of Certificate of Need. James T. Steele, Jr. 717-783-2500 HOUSING FINANCE AGENCY No regulations being developed or considered at this date. INFRASTRUCTURE INVESTMENT AUTHORITY Pennsylvania Infrastructure Investment Authority Financial Assistance, (relating generally to Letters of No Prejudice).
25 Pa Code Chapter 963.17(b)Summer 1998, as proposed. These amendments to Chapter 963 will notify the public of certain less onerous regulatory requirements for obtaining a Letter of No Prejudice. The Letter of No Prejudice is an exception to PENNVEST's refinancing limitation allowing the applicant or potential applicant to proceed to construction provided a satisfactory financial plan to interim fund the project is approved and the construction is necessary to accomplish an objective delineated in Section 963.17(b)(2) of PENNVEST's regulations. These amendments will eliminate the need to demonstrate why the Letter of No Prejudice is necessary, leaving that decision with local government. As a result, the Letter of No Prejudice shall be issued upon request provided the applicant or potential applicant has a satisfactory financial plan approved by PENNVEST. The grant of authority to issue amendments to 25 Pa. Code§ 963.17(b) 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 Jayne B. Blake
(717) 783-6776Individual On-Lot Sewage Disposal System Program.
25 Pa Code Chapter 967Summer 1998, as proposed. The On-Lot 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 aforementioned regulations set forth the terms and conditions for obtaining financial assistance from the On Lot Program and are necessary to instruct the individual homeowners on the particulars of the On-Lot Program. For example, the On-Lot Program regulations will inform the homeowners on how to apply for assistance, funding eligibility criteria and on how the Program is administered. The On-Lot Program regulations are a collaborative effort of the United States Environmental Protection Agency, the Department of Environmental Protection , the Pennsylvania Housing Agency and PENNVEST. 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 Jayne B. Blake
(717) 783-6776INSPECTOR GENERAL No regulations being developed or considered at this date.
[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.
