NOTICES
GOVERNOR'S OFFICE
Regulatory Agenda
[36 Pa.B. 3354]
[Saturday, July 1, 2006]Executive Order 1996-1, 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 twenty-first 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
ConsideredProposed Date
of PromulgationNeed and Legal Basis for Action Agency Contact ADMINISTRATION No regulations being developed or considered at this time. AGING
Pa. Code Title VI
Chapter 3
Fair Hearings and AppealsDecember 2007, as proposed This regulation has been initially reviewed by stakeholders in response to passage of Acts 169-96 and 13-97 amending the Older Adult Protective Services Act (35 P. S. §§ 10225.101--10225.5102) and of Executive Order 1996-1. It is being reviewed internally to improve Departmental procedures and efficiencies. Robert Hussar
717-783-6207Pa. Code Title VI
Chapter 11
Older Adult Daily Living CentersSeptember 2008, as proposed. A review of these regulations will be conducted in order to assure consistency with ongoing interdepartmental discussions regarding development of long term care services. Robert Hussar
717-783-6207Pa. Code Title VI
Chapter 15
Protective Services for Older AdultsDecember 2007, as proposed. The law and regulations are under review in light of the decision of the Pennsylvania Supreme Court in Nixon et al. v. Commonwealth, et al., which found the current protective services law and regulations to be unconstitutional. Robert Hussar
717-783-6207Pa. Code Title VI
Chapter 20
Family Caregiver Support ProgramDecember 2008, as proposed. A review of these regulations will be conducted in order to assure consistency with ongoing interdepartmental discussion regarding development of the family caregiver support program. Robert Hussar
717-783-6207Pa. Code Title VI
Chapter 21
Domiciliary Care Services for AdultsDecember 2008, as proposed. A review of these regulations will be conducted in order to assure consistency with ongoing interdepartmental discussions regarding development of community living alternatives. Robert Hussar
717-783-6207Pa. Code Title VI
Chapter 22
Pharmaceutical Assistance Contract for the ElderlyDecember 2006, as proposed. The Department is working with the Administration to amend the PACE law and regulations to effect coordination of the Federal prescription drug benefit with the PACE/PACENET programs. Thomas Snedden
717-787-7313Pa. Code Title VI
Chapter 23
Long Term Care Ombudsman ProgramDecember 2007, as proposed. The Department wishes to promulgate regulations for the Long Term Care Ombudsman program in order to bring it into conformity with national standards. Robert Hussar
717-783-6207AGRICULTURE Domestic Animal
7 Pa. Code Chapter 2June, 2006, 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). Paul Knepley, DVM
(717) 772-2852Cervidae
7 Pa. Code
Chapter 18June, 2006, as proposed. Act 190 of 2002 amended the Domestic Animal Law to require the Department to license and regulate cervidae livestock operations. Paul Knepley, DVM
(717) 772-2852Animal Exhibition Sanitation
7 Pa. Code
Chapter 21June, 2006, as proposed. Act 190 of 2002 amended the Domestic Animal Law to require the Department to enforce sanitation requirements at animal exhibitions, and to regulate as necessary to meet this requirement. Paul Knepley, DVM
(717) 772-2852Amusement Rides
7 Pa. Code
Chapter 139August, 2006, as proposed. This regulation will update the current regulation at 7 Pa. Code Chapter 139 to reflect changes to the Amusement Ride Inspection Act (4 P. S. §§ 401--418). Bill Wehry
(717) 787-4626Harness Racing Commission
58 Pa. Code
Chapters 181, 183, 185 and 186--190September, 2006, 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. Anton J. Leppler
(717) 787-5196Horse Racing Commission
58 Pa. Code Chapters 161, 163, 165, 167, 169, 171 and 173May, 2006, as proposed. This regulation is necessary to update current regulations, make them more user-friendly and address conditions which exist in thoroughbred horse 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 161, 163, 165, 167, 169, 171 and 173 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. Benjamin H. Nolt, Jr.
(717) 787-1942Horse Racing Commission
58 Pa. Code § 163.531 DefinitionsMay, 2006, as proposed. This regulation is necessary to update current regulations, make them more user-friendly and address conditions which exist in thoroughbred horse racing that did not exist when the current regulations were originally promulgated. This regulation is a short-term project and would amend 58 Pa. Code § 163.531 by amendment to the Definitions Section of the Pennsylvania Breeders' Fund Program found at 58 Pa. Code §§ 163.531--163.538. Benjamin H. Nolt, Jr.
(717) 787-1942Pesticide Regulations
7 Pa. Code Chapter 128January, 2007, as proposed. This regulation will amend 7 Pa. Code Chapter 128 and is necessary to update current regulations, to make them more user friendly, address pesticide security issues, set minimum certification age requirements, dealer licensing, and changes in federal pesticide registration changes. David Scott
(717) 772-5214Chemsweep Regulations
7 Pa. Code
Chapter 128bJuly, 2006, as final. This regulation will amend 7 Pa. Code Chapter 128b to expand the pesticide disposal program which has been limited to agricultural pesticide products. The amendment will include all Commonwealth citizens who are in possession of cancelled, unused or suspended pesticides. Don Gilbert
(717) 772-5210Fertilizer Regulations
7 Pa. Code
Chapter 73September, 2007, as proposed. This regulation will replace 7 Pa. Code Chapter 73 and implement provisions of 3 Pa.C.S.A. §§ 6701--6725 (Fertilizer Act). John Breitsman
(717) 772-5215Soil and Plant Amendment Regulations
7 Pa. Code
Chapter 130aSeptember, 2007, as proposed. This regulation will replace 7 Pa. Code Chapter 130a and implement provisions of 3 Pa.C.S.A. §§ 6901--6921 (Soil and Plant Amendment Act.) John Breitsman
(717) 772-5215Dog Law
7 Pa. Code
Chapters 23, 25 and 27July, 2006, 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 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. Mary Y. Bender
(717) 787-4833Clean and Green Regulations
7 Pa. Code
Chapter 137bOctober, 2006, as proposed. This regulation will address statutory changes made by Act 235 of 2004, and will otherwise update the current regulation. Sandra E. Robison
(717) 783-3167Agricultural Conservation Easement Purchase Program Regulations
7 Pa. Code
Chapter 138eJuly, 2007, as proposed. This regulation will address statutory changes made by Act 61 of 2005, and will otherwise update the current regulation. Sandra E. Robison
(717) 783-3167Seed Testing Labeling and Standards
7 Pa. Code
Chapter 111September, 2007, as proposed. This regulation will supplant the current regulation and implement provisions of 3 Pa.C.S.A §§ 7101--7122 (Seed Act). Joe Garvey
(717) 787-5609General Provisions and Standards for Seed Certification
7 Pa. Code
Chapter 113September, 2007, as proposed. This regulation will replace 7 Pa. Code Chapter 113 and 115 by combining them into one chapter- Chapter 113 and implement provisions of 3 Pa.C.S.A. §§ 7101--7122 (Seed Act). Joe Garvey
(717) 787-5609Commercial Manure Hauler and Broker Certification Program
7 Pa. Code
Chapter 130e.December, 2006, as final. This will establish regulations for the Commercial Manure Hauler and Broker Certification Program. This regulation will establish certification requirements for those persons commercially hauling or applying manure on behalf of an agricultural operation. Johan E. Berger
(717) 772-4189BANKING Annual Assessment Regulation Late 2006 Required pursuant to 17 Pa.C.S. § 503(a) and 71 P. S. § 733-204.A. Carter D. Frantz
(717) 787-1471Regulation defining unfair/unethical and improper conduct of Mortgage Business under [Acts] Late 2006 63 P. S. § 456.310(a); 7 P. S. § 6616(1); 7P. S. § 6212. Carter D. Frantz
(717) 787-1471BOARD OF PARDONS No regulations being developed or considered at this date. COMMUNITY & ECONOMIC DEVELOPMENT
Building Energy Conservation Standards
12 Pa. Code
Chapter 147
(Final regulation with rulemaking omitted)Summer 2006 The regulation will repeal this chapter, as the statute upon which this chapter is based has been repealed by the Pennsylvania Construction Code Act. Matthew Speicher
(717) 720-7317Manufactured Housing Improvement Program
(Final regulation)Summer 2006 As required by the Manufactured Housing Improvement Act (act of November 29, 2004,
P. L. ____ , No. 158)), the department will propose final regulations governing the training and certification of new manufactured home installers; the training of those persons who inspect the installation of new manufactured homes in PA; and the enforcement of the regulations once promulgated.Jill B. Busch
(717) 720-7314Manufactured Housing
12 Pa. Code
Chapter 143
(Final regulation)Summer 2006 The purpose of the final regulation is to establish fees charged to manufacturers and retailers to cover the costs of extraordinary/follow-up monitoring and inspections incurred by the Department beyond those covered by fees authorized by the United States Department of Housing and Urban Development and to update the existing regulation with the term ''Housing Standards Division.'' Lisa Maiorana
(717) 720-7330Industrialized Housing and Components
12 Pa. Code
Chapter 145
(Proposed Regulation)Summer of 2006 The purpose of the proposed regulation is to eliminate the exception for the insulation requirement for industrialized homes and adopt the model code requirements for energy efficiency; designate the International Residential Code as the primary standard; provide clarity for the third-party agencies regarding the frequency of inspections; and to reduce the number of required inspections by the Department. Matthew Speicher
(717) 720-7317Pennsylvania Industrial Development Authority
12 Pa. Code
Chapter 73
(Statement of Policy)Summer of 2006 The purpose of the statement of policy is to make comprehensive changes to PIDA's policy with respect to project eligibility, advanced technology designation, financial considerations, engineering guidelines, and project format. Tim Anstine
(717) 720-7312COMMISSION ON CRIME AND DELINQUENCY
No regulations being developed or considered at this time. CONSERVATION & NATURAL RESOURCES Conservation of Native Wild Plants (Chapter 45) Publish proposed rulemaking March 2007. 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 and the Vascular Plant Technical Committee will be considered during the development of this proposed rulemaking. Chris Firestone, Mike Lester and Dan Devlin
717-783-3227
Susan Wood
772-4171
(Office of Chief Counsel)
State Forests--General Provisions
(Chapter 21)Publish proposed rulemaking March 2007. A number of revisions are needed to make this chapter more consistent with state parks regulations and to update, clarify, and correct provisions. Legal basis: The Conservation and Natural Resources Act, 71 P. S. Sec. 1340.313 (rulemaking authority). Matt Beaver--(Bureau of Forestry):
717-783-0379
Susan Wood--
(Office of Chief Counsel): 717-772-4171CORRECTIONS
Revisions to the existing regulations governing county correctional facilities,
37 Pa. Code
Chapter 95.June, 2006, as proposed The regulation will be revised to eliminate unnecessary regulations and amending necessary regulations to be consistent with current correctional practice. William Sprenkle
(717) 975-4965Promulgation of state intermediate punishment regulations. June, 2006, as proposed The regulations will replace the guidelines currently in effect. Randall N. Sears
(717) 731-0444Amendments to 37 Pa.Code § 94.3(a)(2) September, 2006, as proposed The amendment will permit the Secretary to waive the Department's requirement that an inmate serve a minimum of nine months in a facility prior to placement in a community corrections center. Randall N. Sears
(717) 731-0444EDUCATION
Higher Education--General Provisions
22 Pa. Code,
Chapter 31July 2006, as final. 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 timeframe during which new institutions must achieve accreditation, update provisions for library and learning resources, address policies for marketing credit cards on campuses and amend regulations to accommodate for-profit baccalaureate and higher education. These regulations are promulgated under authority of the Public School Code of 1949. 24 P. S. §§ 1-101--27-2702. Jim Buckheit
(717) 787-3787
or
James Gearity
(717) 787-5041Higher Education--Foreign Corporation Standards
22 Pa. Code,
Chapter 36July 2006, as proposed. These regulations are necessary to establish procedures for the approval and operation of out-of-state institutions of higher education currently operating or seeking to operate programs in the Commonwealth. Jim Buckheit
(717) 787-3787
or
James Gearity
(717) 787-5041Certification of Professional Personnel
22 Pa. Code,
Chapter 49July 2006, as final. Regulations outline requirements for teacher preparation, certification and continuing professional education for professional educators. Jim Buckheit
(717) 787-3787
or
James Gearity
(717) 787-5041Certification of Professional
Personnel
22 Pa. Code,
Chapter 49September 2006, as proposed. Regulations outline requirements for teacher preparation, certification and professional educators. These revisions restructure the requirements for early childhood, elementary/middle school and special education teachers. They also impose new policy on continuing professional education. Jim Buckheit
(717) 787-3787
or
Harriet Dichter
(717) 346-9320General Vocational Education Standards
22 Pa. Code,
Chapter 339Fall 2006, as final. A revision of Chapter 339 is necessary to assist schools in developing, funding and maintaining programs that will provide the Commonwealth with a competent workforce. Discussions with the State Board of Vocational Education, as well as practitioners in that field, will be initiated to revise these standards. These regulations are promulgated under the authority of the Pennsylvania School Code, Article 18, regarding Vocational Education, and section 2502.8, regarding Vocational Education Funding. These standards are also provided for under Chapter 4 of Title 22 of the Pa. Code, section 4.32(a). Lee Burket
(717) 787-5530Standards for Approved Private Schools
22 Pa. Code,
Chapter 171 Subchapters A & BFall 2006, as proposed. These standards define the elements of Approved Private Schools and the Chartered Schools (schools for the deaf and blind). These standards contain general provisions and allowable expenses and costs. The standards are promulgated under the Authority of the Public School Code of 1949, as amended, PL 30, No. 14, March 16, 1949, P. S. Section 1-101, et. Seq. The revised standards will reflect the changes in Chapter 14 and IDEA. John Tommasini
(717) 783-6134Regulations of the State Board of Private Academic Schools
22 Pa. Code,
Chapters 51, 53, 55, 57, 61 and 63The Board has informally discussed revision of the regulations, received public input and is reviewing that input with the Department to determine appropriate next steps. These regulations define the requirements for obtaining licensure as a Private Academic School. The Board plans to update the regulations, which were promulgated in 1988. The regulations are promulgated under the Authority of the Private Academic Schools Act (24 P. S. section 6701 et. Seq.) Mary Ramirez
(717) 783-3755Academic Standards and Assessment,
22 Pa. Code,
Chapter 4November 2006, as final. These regulations outline state academic standards that public schools must provide instruction to bring students up to proficiency and also provides for the Pennsylvania System of School Assessment, high school graduation requirements and requirements for credentials other than the high school diploma. Jim Buckheit
(717) 787-3787
or
Diane Castelbuono
(717) 787-2127Chapter 4--Career Education and Work Academic Standards
22 Pa. Code,
Chapter 4July 2006, as final. The Career Education and Work academic standards describe what students should know and be able to do at grades 2, 5, 8 and 11 in four areas: career awareness and preparation; career acquisition; career retention and advancement; and, entrepreneurship. Academic standards in career education and work are established in the State Board's Chapter 4 regulations. Jim Buckheit
(717) 787-3787
or
Lee Burket
(717) 787-5530Regulations of the State Board of Private Licensed Schools
22 Pa. Code,
Chapter 73Accepted by Board on November 4, 2004 and with revisions on February 17, 2005. September 2006, as proposed. These regulatory changes increase the minimum surety for schools, eliminate ''Demonstrated Competency'' as an instructor qualification, clarifies that violations of the ethics statement are enforceable, clarify last date of attendance for refund purposes, and eliminate tiered fines, setting the fine for all violations at the statutory maximum of $1000. Patricia Landis
(717) 783-8228Higher Education--
Institutional Approval
22 Pa. Code,
Chapter 40June 2006, as proposed. These regulations establish procedures for the approval and operation of independent two-year college, college seminary or university, or for status as a State System, State-related or State-aided institution for the purposes of awarding college credits and granting degrees. Jim Buckheit
(717) 787-3787
or
James Gearity
(717) 787-5041Higher Education--Program Approval
22 Pa. Code,
Chapter 42June 2006, as proposed. These regulations establish procedures for approval of specialized associate degree programs, upper division programs at two-year and community colleges, graduate programs and vocational education programs. Jim Buckheit
(717) 787-3787
or
James Gearity
(717) 787-5041Academic Standards and Assessment, Student Attendance and Students and Student Services
22 Pa. Code,
Chapters 4, 11 & 12June 2006, as proposed. These regulations outline proposed enrollment, curriculum and program standards for pre-kindergarten programs. Jim Buckheit
(717) 787-3787
or
Harriet Dichter
(717) 346-9320 or
(717) 783-6828Special Education Services and Programs
22 Pa. Code,
Chapter 14January 2007, as proposed. These regulations outline how special education services and programs are to be provided to children with disabilities. Specific revisions are necessary to incorporate the recent changes to IDEA 2004. Jim Buckheit
(717) 787-3787
or
Linda Rhen
(717) 783-2311EMERGENCY MANAGEMENT AGENCY
No regulations being developed or considered at this time. ENVIRONMENTAL HEARING BOARD Pa. Code Title 25 Chapter 1021 Practice and Procedure The Board published final rulemaking of previously proposed rule changes in the Pennsylvania Bulletin on February 11, 2006. New proposed rulemaking may be published at the end of 2006 or early 2007. The Environmental Hearing Board Rules Committee has recommended revising the Board's rules of practice and procedure to add new rules addressing the following issues: 1) default judgment; 2) withdrawal of appeals without prejudice; 3) prepayment of penalties. The Rules Committee is also considering the clarification of existing rules. Mary Anne Wesdock
412-565-5245ENVIRONMENTAL PROTECTION
Triennial Review of Water Quality Standards
Clean Streams Law
25 Pa. Code,
Chapter 93 Water Quality Standards and Chapter 16 Water Quality
Toxics Management Strategy--Statement of PolicyFY06-07 This review identifies amendments to the Water Quality Standards and the Water Quality Toxics Management Strategy--Statement of Policy. Water Quality Criteria and Standards in Chapters 93 and 16 are revised to reflect the latest scientific information and Federal guidelines for criteria development, as required by the triennial review requirements in the federal Clean Water Act. Tom Barron
717-787-9637Noncoal Program
Noncoal Surface Mining Conservation and Reclamation Act
25 Pa. Code,
Chapter 77FY06-07 Revisions to Chapter 77 (Noncoal Mining) that govern the licensing of mine operators and permitting of mines for minerals other than coal. Specific areas for revision include clarification of permit application requirements including, hydrologic data requirements. Bill Allen
717-783-9580Program Conditions and Remining Financial Guarantees
Surface Mining Conservation & Reclamation Act
25 Pa. Code,
Chapters 86, 87, 88FY06-07 Program conditions, responding to OSM disapprovals and remining financial guarantees proposal that includes revisions to self-bonding, seismic safety factors and impoundments. Bill Allen
717-783-9580Water Supply Replacement
Surface Mining Conservation & Reclamation Act
25 Pa. Code,
Chapters 87, 88FY06-07 Revisions to Chapters 87 & 88, which will clarify what is necessary to meet the coal mine operator's obligation to permanently pay the operation and maintenance costs for replacement water supplies. Keith Brady
717-787-4814Oil & Gas Well Program
Oil and Gas Act
25 Pa. Code,
Chapter 78FY06-07 Revisions to Chapter 78 (Oil and Gas Wells) that governs the drilling, operation and plugging of oil and gas wells. Includes changes to bond amount and plugging procedures to attain a more effective seal; quantity and quality for replacement water supplies as well as adequate operation and maintenance; and alternate requirements for casing, cementing and plugging wells through mineable coal seams to facilitate future mining through the wells or recovery of coal bed methane prior to mining. Ron Gilius
717-772-2199Chapter 85--Bluff Recession and Setback Amendments
Bluff Recession and Setback Act
25 Pa. Code,
Chapter 85FY06-07 This proposal will update Chapter 85 based on the bluff study that resulted from a petition submitted by the Millcreek Township Board of Supervisors, Erie County. Andrew Zemba
717-772-5633NPDES Permitting Program Amendments
Clean Streams Law
25 Pa. Code,
Chapter 91 & 92FY06-07 Revisions to Chapter 91 (General Provisions) and 92 (National Pollution Discharges Elimination System Permitting, Monitoring and Compliance--NPDES) that govern the NPDES permitting program for point source discharges of water pollution. Tom Franklin
717-787-8184Watershed Permits
Clean Streams Law
25 Pa. Code,
Chapter 92FY06-07 Revision to Chapter 92 (National Pollution Discharges Elimination System Permitting, Monitoring and Compliance--NPDES) to allow for a watershed permit in watersheds covered by a TMDL or similar allocation. Lee McDonnell
717-787-8184Newtown Creek et al Stream Redesignation Package
Clean Streams Law
25 Pa. Code,
Chapter 93FY06-07 This proposal identifies seven streams (Pine Run, Clearfield County; Indian Spring Run, Chester and Lancaster Counties; Lizard Creek, Carbon County; Indian Creek, Fayette County; Messenger Run, Warren County; Newtown Creek, Bucks County; and Stone Creek, Bedford County) that should be redesignated to provide the correct aquatic life use designation in the water quality standards for these Commonwealth streams. Rodney McAllister
717-787-9637Water Quality Network
Stream Redesignation Package
Clean Streams Law
25 Pa. Code,
Chapter 93FY06-07 This proposal identifies nine stream segments (Blue Eye Run, Warren County; Conewago Creek, Adams County; E. Br. Dyberry Creek, Wayne County; East Hickory Creek, Warren County, Minister Creek, Forest County; Muncy Creek, Sullivan County; Spruce Run, Union County; UNT Tunkhannock Creek, Susquehanna County and Young Womans Creek, Lycoming County) that should be redesignated to provide the correct aquatic life use designation in the water quality standards for these Commonwealth streams. Rodney McAllister
717-787-9637Public Notification Revisions
Safe Drinking Water Act
25 Pa. Code,
Chapter 109FY06-07 Amendments to several sections in Chapter 109 to strengthen the public notification (PN) requirements for imminent threat violations and situations. Will include enhancements to the pre-planning requirements in the Operation and Maintenance Plan and Emergency Response Plan sections, and revisions to the Tier 1 PN delivery requirements. Lisa Daniels, Deb Rotz
717-772-4018Stage 2 Disinfectants and Disinfection Byproducts Rule
Safe Drinking Water Act
25 Pa. Code,
Chapter 109FY06-07 This rule will implement the requirements of the federal Stage 2 DDBR that was effective March 6, 2006. The rule will require community water systems and noncommunity water systems, which treat drinking water with a primary disinfectant other than UV to conduct additional compliance monitoring for trihalomethanes and haloacetic acids. Tom Franklin
717-783-1820Chapter 109
General Update
Safe Drinking Water Act
25 Pa. Code,
Chapter 109FY06-07 This general update will revise several sections in Chapter 109 to retain or obtain primacy, including monitoring and reporting requirements for lead, copper, arsenic, radionuclides inorganic chemicals, volatile synthetic organic chemicals, and synthetic organic chemicals. Other sections will be clarified, such as QA/QC requirements for on-line instrumentation; reporting requirements for failure to monitor; and compliance determinations for the chemical contaminates. The update also will include mandatory electronic data reporting requirements. Lisa Daniels
717-772-2189Water Resources Planning
Water Resources Planning Act
25 Pa. Code,
Chapter 110FY06-07 Addition of new Chapter 110 (Water Resources) establishing requirements for the registration, record keeping and periodic reporting of water withdrawals and water uses in accordance with the Water Resources Act (Act 220 of 2002) to provide information for water resources planning and development of the State Water Plan. Susan Weaver
717-783-8055Glass Furnaces
Air Pollution Control Act,
25 Pa. Code,
Chapters 121 and 129FY06-07 The proposal would add nitrogen oxide emission reduction requirements for glass furnaces. Terry Black
717-787-2030Clean Air Interstate Rule
Air Pollution Control Act
25 Pa. Code,
Chapters 121, 129 and 145FY06-07 Revise Air Quality Regulations to comply with the federal Clean Air Interstate Rule by reducing emissions of sulfur oxides and nitrogen oxides from electric generating units. Wick Havens
717-772-3436Mercury Emissions
Air Pollution Control Act
25 Pa. Code,
Chapter 123FY06-07 Revise Air Quality regulations to reduce mercury emissions from coal-fired electric generating units or cogeneration units. John Slade
717-783-9476Clean Vehicles Program Amendment
Air Pollution Control Act
25 Pa. Code,
Chapter 126FY06-07 Revisions to the existing Pennsylvania Clean Vehicles Program in Chapter 126 (Motor Vehicles and Fuels Program). The regulation provides an extension to 2008 for automakers to comply with the current requirements. Arleen Shulman
717-772-3926Nonattainment New Source Review
Air Pollution Control Act
25 Pa. Code,
Chapter 127FY06-07 The Department's existing nonattainment new source review (NSR) regulations will be amended to clarify existing requirements and to develop an approvable ''equivalency'' demonstration as a revision to the State Implementation Plan Terry Black, John Slade
717-787-2030Air Quality Permit Streamlining
Air Pollution Control Act
25 Pa. Code,
Chapter 127FY06-07 The proposed regulation will revise certain public notice provisions and public comment provisions to extend from 120 to 180 days the duration for temporary ''shake-down'' operation of new equipment subject to the Plan Approval requirements. Terry Black, John Slade
717-787-2030Cement Kilns
Air Pollution Control Act
25 Pa. Code,
Chapters and 129FY06-07 The proposal would add nitrogen oxide emission reduction requirements for cement kilns. Terry Black
717-787-2030Portable Fuel Containers
Air Pollution Control Act
25 Pa. Code,
Chapter 130FY06-07 The proposal would revise the portable fuel container regulation to reflect new technology. The new technology makes the containers user-friendlier and provides a slight increase in volatile organic compound and hazardous air pollutant emission reductions. Terry Black
717-787-2030Consumer Products
Air Pollution Control Act
25 Pa. Code,
Chapter 130FY06-07 The proposal would revise the consumer product regulation to add additional categories of regulated products. The revisions will reduce volatile organic compound and hazardous air pollutant emissions. Terry Black
717-787-2030Surface Mine Safety
Surface Mine Conservation and Reclamation Act,
Noncoal Surface Mine Conservation and Reclamation Act
25 Pa. Code,
Chapter 209FY06-07 Revision to Chapter 209 (Coal Mines) to adopt by reference the Federal MSHA regulations for surface coalmines and surface noncoal mines. Bill Allen
717-783-9580Radiation Protection Program
Radiation Protection Act,
Radon Certification Act
25 Pa. Code,
Chapter 215-240FY06-07 Rewording of existing requirements and definitions for clarity; updating of U.S. Nuclear Regulatory Commission incorporation by reference citations; reinstating industrial radiography incident reporting requirement inadvertently deleted by previous rulemaking; updating radon protocols; and deleting notary requirements from radon services permit applications L. Ray Urciuolo
717-783-9730Storage Tank Amendments
Storage Tank and Spill Prevention Act
25 Pa. Code,
Chapter 246FY06-07 This proposal represents comprehensive amendments to the Storage Tank and Spill Prevention provisions of Chapter 245, which was last updated in 1997. Ray Powers
717-772-5809Waste Facility Notification near Military Airports
Solid Waste Management Act
25 Pa. Code, §§ 271.1, 279.112, 287.1 & 293.112FY06-07 This proposed regulation is in response to a petition filed by the Department of Defense. It would amend the Municipal and Residual Waste Regulations to include military airport in the definition of ''airport'' and require a transfer facility applicant to notify the PENNDOT's Bureau of Aviation and the Federal Aviation Administration and the airport if a proposed transfer facility or expansion is within 6 miles of an airport runway. Steve Socash
717-787-7381Hazardous Waste Program
Solid Waste Management Act
25 Pa. Code,
Chapters 260-270FY06-07 Revisions to various chapters in Article VII (Hazardous Waste Management) of Subpart D that govern the generation, treatment, storage, transportation and disposal of hazardous waste. Rick Shipman
717-783-3390Coal Mine Reclamation
Surface Mining Conservation and Reclamation Act
25 Pa. Code,
Chapter 86FY06-07 Revisions to Chapter 86 (Surface and Underground Mining: General) to eliminate an existing reclamation fee and to provide for the reclamation of sites where the operator reclamation bond has been forfeited. Keith Brady
717-787-4814Mine Opening Blasting
Surface Mine Conservation and Reclamation Act
25 Pa. Code,
Chapter 89FY06-07 Revisions to Chapter 89 (Underground Mining of Coal and Coal Preparation Facilities) to better coordinate regulation of blasting of underground mine entries between surface blasting requirements and underground blasting requirements. Bill Allen
717-783-9580
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