NOTICES
GOVERNOR'S OFFICE
Regulatory Review
[29 Pa.B. 726] 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 sixth 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 (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 July 2000, as proposed. This regulation will, as part of the Cross-System Licensing Project, be consolidated with regulations from DPW and DOH and published as part of regulations to be proposed as Adolescent and Adult Day Center Licensing Regulations. Review is also occurring as a result of passage of Acts 169-96 and 13-97 and of Executive Order 1996-1. Robert Hussar 717-783-6207 PA Code Title VI Chapter 15 Protective Services For Older Adults September 1999, as proposed. This regulation is being reviewed as a result of passage of Acts 169-96 and 13-97 and of Executive Order 1996-1; it received preliminary stakeholder review in May, 1998; the Department will make a report to the General Assembly on this topic by June 30, 1999, as required by law. Robert Hussar 717-783-6207 PA Code Title VI Chapter 21 Domiciliary Care Services for Adults June 2000, as proposed. Review is occurring as a part of a Departmental evaluation and updating process for this community -based living arrangement. Robert Hussar 717-783-6207 PA Code Title VI Chapter 3 Fair Hearings and Appeals December 1999, as proposed. This regulation has been initially reviewed by stakeholders. Review is occurring in response to passage of Acts 169-96 and 13-97 and as a result of Executive Order 1996-1. Robert Hussar 717-783-6207 AGRICULTURE Agricultural Land Conservation Assistance Grant Program
7 Pa. Code Chapter 138hFebruary, 1999, 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. The draft proposed regulation is currently under review at the Office of General Counsel. Raymond Pickering
(717) 783-3167''Clean and Green'' Regulations 7 Pa. Code Chapter 137 July, 1999, as proposed. The Department plans to revise the regulations promulgated under the ''Clean and Green Law'' (72 P. S. §§ 5490.1-5490.13) to promote uniform and consistent interpretation and enforcement of the Act statewide. Act 156 of 1998 (effective December 21, 1998) revised the Act and established new responsibilities for the Department and county assessors. Raymond Pickering
(717) 783-3167Statement of Policy: Interim Guidelines under the ''Clean and Green Law'' Effective by June 19, 1999 The ''Clean and Green Law'' was recently amended, and requires the promulgation of interim guidelines by June 19, 1999 to implement the amendments. Formal regulations are required by April 30, 2001. Raymond Pickering
(717) 783-3167Agricultural Conservation Easement Purchase Program September, 1999, as proposed. Act 138 of 1998 amended the Agricultural Area Security Law by permitting local government unit participation in agricultural conservation easement purchases. The regulations at 7 Pa. Code Chapter 138e must be revised to implement this statutory change. Raymond Pickering
(717) 783-3167Consolidation/Update of Retail Food Store Regulations January, 2000, 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. Lenchen Radle (717) 772-3234 Food Employee Certification
7 Pa. Code Chapter 83June, 1999, as final. This regulation is required by the Food Employee Certification Act (3 Pa.C.S. §§ 6501-6510), and will establish standards for training of certain food industry personnel. Martha Melton (717) 782-8354 Maple Products July, 2000, 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. Lenchen Radle (717) 772-3234 Harness Racing Commission June, 1999, 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 April, 1999, as final. This regulation will revise several definitions, as well as clarify provisions related to ''coupled entries'' and trifecta races. Benjamin H. Nolt, Jr.
(717) 787-1942Bureau of Market Development. Standards for Grading Veal Calves March, 1999, 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. Bradley Jones (717) 787-6041 Land application of soil and groundwater contaminated with agricultural chemicals June 1999, 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. Phillip M. Pitzer (717) 772-5206 Farm Safety and Occupational Health Grant Program June, 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. Phillip M. Pitzer (717) 772-5206 Fruit Tree Improvement Program December, 2000, 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 Certification of Virus-Tested Geraniums September, 1999, 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 Swimming Pool Certification June, 1999, as proposed. This regulation will address the EPA's recent reclassification of Chlorine as an ''anti-microbial'' rather than a pesticide. Since the substance is no longer considered a pesticide the Department will no longer regulate persons who apply it. David M. Scott (717) 772-5214 Dog Law July, 1999, 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 Weights, Measures and Standards February, 1999, as final. This regulation is intended to update the Department's regulatory authority and make it consistent with the provisions of the Consolidated Weights and Measures Act (3 Pa.C.S. §§ 4101-4193). Charles Bruckner
(717) 787-6772Domestic Animals October, 1999, as proposed. This long-term project is intended to update the Department's regulatory authority to make it more consistent with the provisions of the Domestic Animal Law (3 Pa.C.S. §§ 2301-2389). John Enck, DVM (717) 783-6677 Aquaculture Development December, 1999, as proposed. This regulation will implement the requirements of the recently enacted Aquacultural Development Law. John Enck, DVM (717) 783-6677 BANKING
Secondary Mortgage Loan Act regulations. Summer 1999, as proposed. Section 16(1) of the Secondary Mortgage Loan Act (''SMLA''), 7 P. S. § 6616(1), provides authority for the Department to promulgate regulations applicable to licensees and applicants for licenses under the SMLA. The Department has evaluated 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) 787-1471Amendments to the Leeway Investments regulations for Pennsylvania state-chartered banking institutions. Spring 1999, as proposed. The existing leeway investments regulations are located at 10 Pa. Code §§ 27.1 - 27.4. 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 has evaluated 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. David H. Bleicken
(717) 787-1471Amendments to existing Consumer Discount Company Act regulations. Spring 1999, as proposed. Section 12 of the Consumer Discount Company Act (''CDCA'') 7 P. S. § 6212, provides authority for the Department to promulgate regulations applicable to consumer discount companies. Act 167 of 1998 amended section 13.Q of the CDCA in such manner as to warrant amendment of an existing regulation at 10 Pa. Code § 41.3(1). Reginald S. Evanst
(717) 787-1471''Other investments'' regulations for Pennsylvania state-chartered banking institutions. Spring 1999, as proposed. 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 has evaluated 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) 787-1471BUDGET No regulations being developed or considered at this date. COMMUNITY & ECONOMIC DEVELOPMENT
Tax-Exempt Bond Allocation Fall, 1999, as proposed. The existing regulation and statement of policy will be rescinded and replaced with new regulations as a result of the passage of Act 100 of 1998, which repealed the act of December 20, 1985 (P. L. 483, No. 113), known as the Tax-Exempt Bond Allocation Act and established new Tax-Exempt Bond Allocation provisions. Jill B. Busch (717) 720-7314 Commercial Motion Picture Sales; Tax Exemption Certificate
12 Pa.Code Chapter 33Fall 1999, as proposed. The regulation will prescribe a Pennsylvania Exemption Certificate (FORM REV-1220) as the form to be used by producers of commercial motion pictures, who are qualified to take advantage of the PA Sales and Use Tax exclusion provided by Section 204(54) of the Tax Reform Code of 1971. Jill B. Busch (717) 720-7314 COMMISSION ON CRIME AND DELINQUENCY No regulations being developed or considered at this date. CONSERVATION & NATURAL RESOURCES
Conservation of Native Wild Plants September 1999, 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 December 1999, as proposed. This proposal is an update to the State Forest Rules and Regulations which were published in the PA Bulletin December 5, 1998. Due to the controversy and confusion caused by two sections which had been in the proposed rulemaking of the State Forest Rules and Regulations - Section 21.26 (1) Horses and Pack Animals; Section 21.27 (1) Bicycles and Persons - Powered Vehicles, these sections were deleted from the final rulemaking of the State Forest Rules and Regulations in order to address these issues and concerns separately. The Department is currently in consultation with a user work group to redraft these two sections of the regulation. Michael Palko (717) 783-7941 CORRECTIONS
Motivational Boot Camp Act 61 P. S. Section 1221 et seq. February 1999, as proposed The regulations will address boot camp administration, establishment of selection committees, inmate selection criteria, programming and supervision, inmate discipline and staff training. Victoria S. Freimuth
(717) 975-4860Revisions to the existing regulations governing county correctional facilities, 37 Pa. Code Chapter 95. February 1999, 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) 975-4876Review and/or revision of all current Department of Corrections regulations contained in Title 37 of the Pennsylvania Code. Publication as proposed regulations is anticipated within next 6 months. 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, 12August 1999, 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 non-regulatory 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) 787-3787 Special Education Services and Programs 22 Pa. Code, Chapter 14 and 22 Pa. Code, Chapter 342 May 1999, 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. These regulations are promulgated under authority of the Public School Code of 1949 (P. L. 30, No. 14) (24 P. S. §§ 1-101--26-2606-B). Peter Garland (717) 787-3787 School Buildings 22 Pa. Code, Chapter 21 August 1999, 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) 787-3787 Higher Education General Provisions, Foreign Corporation Standards, Institutional Approval, Program Approval - 22 Pa. Code, Chapters 31, 36, 40, 42 February 1999, as proposed. These regulations are necessary to establish procedures for the approval and operation of institutions of higher education in the Commonwealth. Specific revisions are necessary to clarify the intent of the chapters, modify the time frame during which new institutions must achieve accreditation, update provisions for library and learning resources, and amend regulations to accommodate for-profit baccalaureate and higher 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) 787-3787 Branch Campuses for State-supported Institutions - 22 Pa. Code, Chapters 34 June 1999, as proposed. These regulations are necessary to establish procedures for the approval of branch campuses. 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) 787-3787 Gifted Education
22 Pa. Code, Chapter 16April 1999, as final. These regulations establish separate rules for programs and services for gifted students apart from those established for other special needs students. 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) 787-3787 Certification of Professional Personnel
22 Pa. Code, Chapter 49March 1999, 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 General Standards for Preparation of Professional Educators
22 Pa. Code, Chapter 354January 1999, as proposed. These standards will provide general requirements for programs which prepare professional educators in 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) 783-6794 College and University Security 22 Pa. Code, Chapter 33 March 1999, as proposed. These regulations govern the responsibility of institutions of higher education for the provisions of college and university security information and the collection and reporting of crime statistics. Revisions are necessary to incorporate provisions for the establishment of and access to daily campus crime logs. These regulations are promulgated under authority of the College and University Security Information Act (P. L. 443, No. 73)(24 P. S. §§ 2502-1 to 2502-5). Peter Garland (717) 787-3787 Program Standards and Eligibility Criteria for the Higher Education Opportunity Act 22 Pa. Code, Chapter 44 March 1999, as final. These regulations establish program requirements and eligibility criteria for Act 101 programs in colleges and universities. Revisions update eligibility criteria to reflect current income levels. These regulations are promulgated under authority of (P. L. 423, No. 101 § 3 and 4)(24 P. S. § 2510-303, § 2510-304). Peter Garland (717) 787-3787 Community Colleges 22 Pa. Code, Chapter 35 February 1999, as proposed. These regulations govern the establishment and operation of community colleges and technical institutes. Revisions to reflect current practice are proposed in the formula calculating Full-Time Equivalent (FTE) Enrollments for reimbursement purposes. 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
EMERGENCY MANAGEMENT AGENCY
4 Pa. Code Chapter 116 ''Radiation Emergency Response Fund'' July 1, 1999, as final. Needed to simplify grant program. Radiation Protection Act. Mark Goodwin 717-651-2010 4 Pa. Code Chapter 117 ''Radiation Transportation Emergency Response Fund'' July 1, 1999, as final. Needed to simplify grant program. Radiation Protection Act. Mark Goodwin 717-651-2010 4 Pa. Code Chapter 120b ''Public Safety Emergency Telephone Program'' December 1, 1999, as proposed. Required by Public Safety Emergency Telephone Act Mark Goodwin 717-651-2010 4 Pa. Code Chapter 120c ''Training and Certification Standards for 911 Emergency Communications Personnel'' December 1, 1999, as proposed. Required by Public Safety Emergency Telephone Act Mark Goodwin 717-651-2010 4 Pa. Code Chapter 120d ''911 performance Review and Quality Assurance Standards'' December 1, 1999, as proposed. Required by Public Safety Emergency Telephone Act Mark Goodwin 717-651-2010 ENVIRONMENTAL HEARING BOARD 25 PA Code §§ 1021 March 1999, as proposed. Revisions to the Board's Rules of Practice and Procedure have been proposed by the Board with the expectation that the proposals will be published in the Pennsylvania Bulletin this spring. These 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 May 1999, as final to the EQB. This proposal has been developed to streamline & improve the existing program and to address EPA disapproval issues. EPA promulgated regulations for Pennsylvania in December 1996. The EQB received over 1,700 comments on its proposed rulemaking which was published March 22, 1997. The Department considered and responded to the comments and published an Advance Notice of Final Rulemaking (ANFR) on January 23, 1999. The Water Resources Advisory Committee (WRAC) was briefed on the ANFR and will review the draft final rulemaking. Carol Young, 717-787-4686 Chapters 91, 97 & 101 - Wastewater Management Clean Streams Law August 1999, 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 DEP to issue general water quality management permits. The Water Resources Advisory Committee (WRAC) approved this proposal in February 1997. The proposal was discussed with the Agricultural Advisory Board (AAB) in October 1997. Several sections of this rulemaking pertain to animal manure (manure storage and land application). As a result, DEP delayed this final rulemaking until the Concentrated Animal Feeding Operation (CAFO) strategy was finalized. Milt Lauch, 717-787-8184 Chapter 72, Amendments to SEO Application Requirements for Certification Sewage Facilities Act December 1998, as proposed to the EQB. This proposal streamlines the application requirements for certification of sewage enforcement officers (SEOs) by reducing the 40-day time period in which applicants must wait to take the SEO exam following completion of successful precertification training. DEP plans to expand the precertification program and offer the opportunity for successful candidates to take the exam immediately following precertification training. The amendment is supported by the State Board for Certification of Sewage Enforcement Officers and the Sewage Advisory Committee. Publication of the proposed rulemaking is anticipated in February 1999 with a 30-day public comment period. Jay Africa, 717-783-2941 Chapters 92, 93, 95, 96 & 97 - Water Quality Amendments Clean Streams Law October 1999, as final to the EQB. These revisions address several of the principles of the RBI and Executive Order 1996-1. The revisions reorganize these chapters into permitting, water quality standards and implementation chapters respectively and will make several modifications to the programs. The WRAC will review drafts of the final rulemaking. The AAB will also be briefed on the draft final rulemaking. Carol Young, 717-787-4686 Chapter 102, Erosion Control Clean Streams Law May 1999, as final to the EQB. This rulemaking 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. An Advance Notice of Final Rulemaking will be published in February or March 1999. The WRAC and the AAB will review drafts of the final rulemaking. Ken Murin, 717-787-6827 Chapter 105, Dam Safety and Waterway Management Clean Streams Law, Dam Safety and Encroachment Act August 1999, 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) is thoroughly reviewing the issues. The AAB is also being briefed on developments. A date for EQB consideration of a proposed rulemaking remains uncertain at this time pending WetPAC's deliberations. Ken Reisinger, 717-787-6827 Bottled Water Systems Permit by Rule Safe Drinking Water Act February 1999, as final to the EQB. These amendments to Chapter 109 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 amendments 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 WRAC reviewed the draft final amendments. John Wroblewski, 717-787-9037 Chapters 260-270 - Comprehensive Hazardous Waste Amendments Solid Waste Management Act February 1999, 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 Solid Waste Advisory Committee (SWAC) reviewed the draft final amendments. Rick Shipman, 717-787-6239 Municipal Waste Amendments Solid Waste Management Act September 1999, as final to the EQB. This proposal changes the environmental assessment requirements to evaluate known and potential environmental harms vs. social and economic benefits; includes revisions to ICW permit by rule and general permit requirements; includes standards for nuisance minimization and 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 facility design and operating standards for composting facilities to be more performance based; revises leachate sampling requirements to delete parameters from quarterly sampling if groundwater protection will not be compromised; and allows for leachate holding tanks and trucking for some processing facilities in lieu of connection to sewer systems or building treatment plants. The draft final rulemaking will be reviewed by SWAC in March 1999. Bill Pounds, 717-787-7564 Residual Waste Amendments Solid Waste Management Act July 1999, as final to the EQB. This 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 performance standards for odor, noise and other nuisance control; revises isolation distances; modifies the environmental assessment requirements; revises 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; revises leachate sampling requirements to delete parameters from quarterly sampling if groundwater protection will not be compromised; allows for leachate holding tanks and trucking for some processing facilities in lieu of connection to sewer systems or building treatment plants; and modifies the attenuating soil requirements at landfills to allow for equivalency modeling based upon site specific conditions. The draft final regulations will be reviewed by SWAC in March 1999. Bill Pounds, 717-787-7564 Waste Oil Amendments Solid Waste Management Act February 1999, as proposed to the EQB. This proposal consolidates the requirements for the management of used oil into one chapter. The SWAC approved the draft amendments. Bill Pounds, 717-787-7564 Universal Waste Rule - Addition of Wastes Solid Waste Management Act May 1999, as proposed to the EQB. The Universal Waste Rule allows certain hazardous wastes to be managed under requirements that are less prescriptive than full RCRA hazardous waste Subtitle C regulation. This proposal adds fluorescent tubes, unbroken mercury lamps and mercury-containing devices to the list of wastes managed as universal wastes. These items were petitioned for inclusion by Advanced Environmental Recycling Corporation in August 1997. The draft final rulemaking will be reviewed by SWAC in March 1999. Rick Shipman, 717-787-6239 Amendments to Nitrogen Oxides (NOx) Allowance Requirements Air Pollution Control Act December 1998, as proposed to the EQB. The proposal corrects accounting errors contained in Appendix E of the NOx allowance regulations published November 1, 1997. The amendments also add missing sources to Appendix E; clarify that the definition of ''NOx-affected source'' is applicable to fossil-fired operating units which generate greater than 15 MW of electricity; eliminate the special allocation for Washington Power project since its plan approval expired; deletes the listing of ''baseline MMBtu'' in Appendix E and modifies the listing of ''baseline NOx lb/MMBtu.'' The AQTAC approved the draft final amendments. Publication is anticipated in February or March 1999. A 60-day public comment period and three public hearings will be held. Dean Van Orden, 717-787-4310 Nitrogen Oxides (NOx) SIP Call Air Pollution Control Act February 1999, as proposed to the EQB. This proposal is necessary for Pennsylvania to adopt a NOx reduction program for large stationary sources to achieve the emission reductions required by EPA's Section 110 State Implementation Plan (SIP) Call which was finalized October 27, 1998. The SIP Call was promulgated to mitigate interstate transport of ozone and its precursors which is interfering with the ability of many states to attain the one- and eight-hour National Ambient Air Quality Standards (NAAQS). The proposal was discussed with AQTAC. Dean Van Orden, 717-787-4310 Malodors - RBI #3 Air Pollution Control Act August 1999, as final to the EQB. The malodors 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. In view of the significant number of comments received on the proposed rulemaking, DEP plans to publish an Advance Notice of Final Rulemaking and hold additional meetings and hearings. 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 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 Emission Reduction Credits (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; however, EPA has not yet issued final rules. 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 Gasoline Volatility Requirements - Low RVP Air Pollution Control Act April 1999, as final to the EQB. The Commonwealth is required to implement control strategies to demonstrate that the Pittsburgh-Beaver Valley Area will achieve the national ambient air quality standards (NAAQS) for ozone. The Department proposes to delete the term ''federal reformulated gasoline or RFG'' and eliminate RFG from the term ''compliant fuel.'' The proposed regulation will limit the volatility of gasoline sold in the Pittsburgh-Beaver Valley Area each year between May 1 and September 15. The proposal requires the sale of 7.8 Reid vapor pressure (RVP) gasoline. In addition, the Department proposes to clarify the records retention requirements in Section 126.302(c) that records be kept on site. The AQTAC will review a draft of the final rulemaking. Terry Black 717-787-4310 Surface Coating Processes Air Pollution Control Act November 1999, as final 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 approved the draft regulations. Publication of the proposed rulemaking is anticipated in March 1999. Terry Black, 717-787-4310 Mobile Equipment Repair and Refinishing Air Pollution Control Act August 1999, 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 establish maximum VOC content levels for automobile refinish materials used in the Commonwealth. The proposed regulation also establishes permitting requirements, pollution prevention and work practice standards. DEP is developing public information materials to inform the regulated industry of the proposed requirements. DEP published the proposal in August 1998 and conducted statewide public information meetings and hearings during the public comment period. The AQTAC will review the draft final regulations. Terry Black, 717-787-4310 Degreasing Operations Air Pollution Control Act May 1999, 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. A stakeholder group consisting of degreaser manufacturers and operators, solvent suppliers and environmental groups met several times over an eight-month period to develop a draft regulation. The AQTAC will review the draft proposed rulemaking. Terry Black, 717-787-4310 Chapter 240, Radon Certification Radon Certification Act Date undetermined. 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. Meanwhile, EPA privatized its Radon Proficiency Program in October 1998. The National Environmental Health Association (NEHA) was selected to run a one-year pilot test of the EPA draft criteria document for the Certification of Radon Service Providers, the Accreditation of Radon Chambers and Laboratories, and the Approval of Measurement Devices. DEP's Radon Division is working closely with the NEHA on efforts to establish certification exams and other criteria that could possibly parallel suggested changes in DEP Radon Certification regulations. Michael Pyles, 717-783-3594 Radiological Health (Chapters 215, 217, 219, 220, 224, 225, 226, 230 and 232) Radiation Protection Act October 1999, as proposed 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 will consult with the Radiation Protection Advisory Committee in developing these 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 ActJuly 1999, 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. An Advance Notice of Final Rulemaking was published on January 30, 1999. The Mining and Reclamation Advisory Board (MRAB) reviewed the ANFR and will review the draft final rulemaking. David Hogeman, 717-787-4761 Storage, Handling and Use of Explosives Explosives Act, Surface Mining Control and Reclamation Act (SMCRA), and Noncoal SMCRA December 1999, as proposed to the EQB. Amendments are being proposed to reflect changes that have occurred in the industry and the experience DEP has gained in implementing the program since the regulations in Chapters 210 and 211 were developed in 1972. The proposed amendments will address requirements which are needlessly more stringent and burdensome than federal requirements; will incorporate technological advances resulting from research on the effects of blasting on structures; and will enhance DEP's ability to prevent issuance of blasters' licenses to previous violators. DEP conducted public outreach meetings from September through December 1998. Gary Byron, 717-783-9580
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