NOTICES
GOVERNOR'S OFFICE
Regulatory Agenda
[37 Pa.B. 609]
[Saturday, February 3, 2007]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-second 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
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 2008, 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 AdultsJune 2008, 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 2009, 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 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, 2007, 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, 2007, 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, 2007, 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 139March, 2007, 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--190June, 2007, 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, 2007, 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 DefinitionsPublished as final in the October 7, 2006 edition of the Pennsylvania Bulletin. 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 128September, 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 128bPublished as final in the July 1, 2006 edition of the Pennsylvania Bulletin. 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, 2008, 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, 2008, 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 27Published as proposed in the December 16, 2006 edition of the Pennsylvania Bulletin. 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 137bMarch, 2007, 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 Act 46 of 2006, 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.To be published in January, 2007, 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 2007 Required pursuant to 17 Pa.C.S. § 503(a) and 71 P. S. § 733-204.A. Carter D. Frantz
(717) 787-1471Regulations defining proper conduct of the mortgage loan business
Late 2007 63 P. S. § 456.310(a); 7 P. S. § 6616(1); 7 P. S. § 6212. Carter D. Frantz
(717) 787-1471Regulations governing check cashing business Late 2007 63 P. S. § 2304(1) Carter D. Frantz
(717) 787-1471Regulations governing money transmission business Early 2008 7 P. S. § 6114 Carter D. Frantz
(717) 787-1471BOARD OF PARDONS
No regulations being developed or considered at this date. COMMUNITY & ECONOMIC DEVELOPMENT Industrialized Housing and Components
12 Pa. Code
Chapter 145
(Final Regulation)
Spring of 2007 The purpose of the final 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)
Spring of 2007 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) 720-7312Neighborhood Assistance Program
12 Pa. Code
Chapter 135
(Statement of Policy)
Spring of 2007 The purpose of the statement of policy is to update the special program priorities. Jill Busch
(717) 720-7314COMMISSION 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 September 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 will be considered during the development of this proposed rulemaking. Chris Firestone, Mike Lester and Dan Devlin
717-783-3227
Susan Wood, Esq.
717-772-4171State Forests
(Chapter 21)Publish proposed rulemaking September 2007. A number of provisions in this chapter need to be clarified and updated. The State Forest Picnic Area chapter (23) will be incorporated into this chapter to eliminate duplication and for ease of reference. Legal basis: Sections 302, 313, 502 of the Conservation & Natural Resources Act (71 P. S. §§ 1340.302, 1340.313, 1340.502) Matt Beaver,
717-783-4543
Susan Wood, Esq.
717-772-4171State Forest Picnic Areas
(Chapter 23)
Publish proposed
Rulemaking September 2007The provisions of this chapter will be incorporated into Chapter 21 (State Forests) for purposes of simplification and ease of reference. Legal basis: Sections 302, 313, 502 of the Conservation & Natural Resources Act (71 P. S. §§ 1340.302, 1340.313, 1340.502) Matt Beaver,
717-783-4543
Susan Wood, Esq.
717-772-4171CORRECTIONS
Revisions to the existing regulations governing county correctional facilities, 37 Pa. Code
Chapter 95.February, 2007 as final. The regulations are being 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. January, 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) June 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--
Institutional Approval
22 Pa. Code,
Chapter 40March 2007, 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) 787-3787Higher Education--Foreign Corporation Standards
22 Pa. Code,
Chapter 36March 2007, as final. 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) 787-3787Certification of Professional Personnel
22 Pa. Code,
Chapter 49March 2007, as final. 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
Sharon Brumbaugh
(717) 705-8642Standards for Approved Private Schools
22 Pa. Code,
Chapter 171
Subchapters A & CSpring 2007, as final. 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, P. L. 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) 783-6134Chapter 16 Special Education for Gifted Students
22 Pa. Code,
Chapter 16May 2007, as proposed These regulations outline how special education programs and services are to be provided to students identified as gifted. Jim Buckheit
(717) 787-3787
or
Linda Rhen
(717) 783-2311Charter School Standards,
Chapter 711July 2007, as proposed These Department Standards govern Charter Schools, revision is required in order to comply with IDEA 2004. Linda Rhen
(717) 783-2311
or
Sheri Rowe
(717) 783-9280Special Education Services and Programs
22 Pa. Code,
Chapter 14July 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) 783-2311Academic Standards and Assessment,
22 Pa. Code,
Chapter 4July 2007, 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) 787-2127Higher Education--Program Approval
22 Pa. Code,
Chapter 42July 2007, 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) 787-3787General Vocational Education Standards
22 Pa. Code,
Chapter 339Fall 2007, 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) 787-5530Regulations of the State Board of Private Academic Schools
22 Pa. Code,
Chapters 51, 53, 55, 57, 61 & 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. § 6701 et seq.) Mary Ramirez
(717) 783-3755EMERGENCY 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. No new rulemaking is expected for the remainder 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 Noncoal 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
717-783-9580Oil & 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
717-772-2199Coal 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
717-787-4814Program Conditions and Remining Financial Guarantees
Surface Mining Conservation & Reclamation Act 25 Pa. Code, Chapters 86, 87, 88FY06-07 Revisions to Chapter 86, 87 & 88 program conditions, responding to OSM disapprovals and remining financial guarantees proposal that includes revisions to self-bonding, seismic safety factors, and impoundments Bill Allen
717-783-9580Title 25, Chapter 401. Mine Subsidence Insurance Fund General Provisions/
The act of August 23, 1961 (P. L. 1068, No. 484) as amended (52 P. S. §§ 3201--3225) (act). See note in SummaryFY06-07 Revisions to Chapter 401 to expand Mine Subsidence Insurance (MSI) coverage to apply to appurtenances to structures as well as to structures, the removal provisions that change periodically, such as premium rates and policy limits, so that they can be provided in the insurance policy, and other editorial changes.
Note: Section 19 of the act provides that the MSI Board has the authority to promulgate rules and regulations and to establish other provisions of the insurance policy as it deems prudent.Larry Ruane
717-783-9590Water 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- 4814Chapter 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
717-772-5633Mine 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
717-783-9580NPDES 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
717-787-8184Big Brook et al Redesignation Package
Clean Streams Law
25 Pa. Code,
Chapter 93FY06-07 This proposal identifies eight streams (Big Brook (Wayne County), Beaver Creek (Chester County), Clarion River (Clarion County), Furnace Run (Lancaster & Lebanon Counties), Mill Creek (Berks County), Stone Creek (Bedford County), and Brooke Evans Creek (Montgomery County) that should be redesignated to provide the correct aquatic life use designation in the water quality standards for these Commonwealth streams. Rodney McAllister
717-787-9637Clark Creek et al Redesignation Package
Clean Streams Law
25 Pa. Code,
Chapter 93FY06-07 This proposal identifies nine streams (UNT Lackawanna River (Clark Creek)(Wayne County), Upper Lehigh River (Lackawanna, Monroe, Wayne & Luzern Counties), Pine Creek (Schuykill County), UNT Conestoga Creek (Lancaster County), L. Lehigh (Lehigh & Berks Counties), Hammer Creek, (Lebanon & Lancaster Counties), Spring Mill Creek (Montgomery County), Cacoosing (Berks County), and Fishing Creek (Lancaster 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
717-787-9637Erosion and Sediment Control and Stormwater Management
Clean Streams Law
25 Pa. Code,
Chapter 102FY06-07 Several major modifications/revisions include: addition of provisions from Chapter 92 that relate to NPDES permitting requirements for discharges associated with Construction activity; incorporate post construction storm water management; incorporate buffer provisions; and revise permit requirements. Barbara Beshore
772-5961Dam Safety and Waterways Management
Dam Safety and Enroachments Act and Clean Streams Law
25 Pa. Code,
Chapter 105FY06-07 Several major modifications/revisions include: changes to permit requirements; permit application requirements; environmental assessment, and wetland replacement criteria. Troy Conrad
772-5970Public 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 preplanning 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
717-772-3436Nonattainment 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
717-787-2030Adhesives and Sealants
Air Pollution Control Act
25 Pa. Code,
Chapter 130 and Chapter 129FY06-07 The proposal would add volatile organic compound (VOC) content limits for adhesive and sealant products. 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 245FY06-07 This final regulation 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 U.S. 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 This proposed regulation revises 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
717-783-1736Triennial 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
717-787-9637
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