Pennsylvania Code
Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

• No statutes or acts will be found at this website.

The Pennsylvania Bulletin website includes the following: Rulemakings by State agencies; Proposed Rulemakings by State agencies; State agency notices; the Governor’s Proclamations and Executive Orders; Actions by the General Assembly; and Statewide and local court rules.

PA Bulletin, Doc. No. 04-1971

NOTICES

ENVIRONMENTAL
QUALITY BOARD

Acceptance of Rulemaking Petitions for Study

[34 Pa.B. 5992]

   On October 19, 2004, the Environmental Quality Board (Board) accepted four rulemaking petitions for study under 25 Pa. Code Chapter 23 (relating to Environmental Quality Board policy for processing petitions--statement of policy). Two petitions were submitted by Shrewsbury Township, Glen Rock, PA for the redesignation of Little Falls (from its headwaters in Shrewsbury Township and New Freedom Borough to the Pennsylvania/Maryland state line) and Deer Creek (from its headwaters in Shrewsbury and Hopewell Townships and associated municipalities to the Pennsylvania/Maryland state line). These petitions request that the Board redesignate Little Falls (Gunpowder Falls Basin) from Warm Water Fishes to High Quality-Cold Water Fishes and Deer Creek from Cold Water Fishes to High Quality-Cold Water Fishes.

   Under 25 Pa. Code § 23.6 (relating to notice of acceptance and Department report), the Department of Environmental Protection (Department) is required to publish a notice of intent to assess candidate waters before performing survey work. This notice will include a request that interested persons submit to the Department any technical data they may have for Little Falls and Deer Creek. The Department's assessment notices for Little Falls and Deer Creek will appear in a future issue of the Pennsylvania Bulletin.

   The Board also accepted a rulemaking petition submitted by the Commander, Navy Region, Mid-Atlantic on behalf of the Department of Defense Regional Environmental Coordinator for Military Installations. This petition requests the amendment of 25 Pa. Code §§ 271.1 and 279.101 (relating to definitions and general requirements) and the addition of a new section proposed to be numbered §293.112 to require waste transfer facility applicants to notify the Department of Transportation, the Federal Aviation Administration and the airport of their intent to build or expand their facility within 6 miles of an airport runway. This requirement would include notification to military airports. The petitioner contends that incompatible development around military installations, including development that causes increased bird activity around airfield runways, can cause significant mission impacts leading to the vulnerability of military operations.

   The Board accepted a fourth petition at its October 19, 2004, meeting submitted on behalf of the Citizens for Pennsylvania's Future (PennFuture), PennEnvironment, Pennsylvania Federation of Sportsmen's Clubs, Pennsylvania NOW, Pennsylvania State Building and Construction Trades Council, Pennsylvania Trout, Planned Parenthood Pennsylvania Advocates, Sierra Club Pennsylvania Chapter, Women's Law Project and Women Vote PA. The petition seeks protection of human health and the environment by the regulation of mercury emissions to the air. Specifically, the petition requests Department action to regulate the emission of mercury to the air from this Commonwealth's electric utilities.

   Under the Board's acceptance of the petitions submitted by the Department of Defense and PennFuture, et al., the Department will prepare individual reports evaluating each petition. These reports will include a recommendation on whether the Board should approve the actions requested in the petitions. If the Department's recommendation is to change a regulation, the reports will also specify the anticipated date that the Board will consider a proposed rulemaking. These reports must be completed within 60 days from the date the petitions were accepted by the Board. If these reports cannot be completed within the 60-day time period, at the next Board meeting the Department will state how much additional time is necessary to complete these reports.

   The previously referenced petitions are available to the public for review by contacting the Environmental Quality Board, P. O. Box 8477, Harrisburg, PA 17105-8477, (717) 787-4526. The previously referenced petitions are accessible on Department's website: www.dep.state.pa.us (DEP Keyword: EQB (under ''Meeting Agendas/Handouts/Minutes,'' choose ''2004'' then ''October 19, 2004'').

KATHLEEN A. MCGINTY,   
Chairperson

[Pa.B. Doc. No. 04-1971. Filed for public inspection October 29, 2004, 9:00 a.m.]


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.