NOTICES
GOVERNOR'S OFFICE
Regulatory Agenda
[38 Pa.B. 691]
[Saturday, February 2, 2008]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-fourth 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 2009. An internal PDA review has been completed and changes are not required in the regulations at this time. PDA is in the process of reviewing the fair hearing and appeal procedures in conjunction with the Office of Long Term Living. Denise Getgen
(717) 772-0184Pa. 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. Denise Getgen
(717) 772-0184Pa. Code Title VI Chapter 15
Protective Services for Older AdultsDecember 2009, as proposed. The law and regulations will continue to be reviewed in light of pending legislation and 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. Denise Getgen
(717) 772-0184Pa. Code Title VI Chapter 20
Family Caregiver
Support ProgramDecember 2009, 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. Denise Getgen
(717) 772-0184Pa. Code Title VI Chapter 21 Domiciliary Care Services for Adults December 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. Denise Getgen
(717) 772-0184Pa. Code Title VI Chapter 23
Long Term Care Ombudsman ProgramDecember 2008, 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. Denise Getgen
(717) 772-0184AGRICULTURE Domestic Animal
7 Pa. Code
Chapter 2
June, 2008, 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 18
June, 2008, 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, 2008, 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 139June, 2008, as final. 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). John Dillabaugh
(717) 787-6772Harness Racing Commission
58 Pa. Code
Chapters 181, 183, 185 and 186--190June, 2008, 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 173February, 2008, 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) 787-1942Pesticide Regulations
7 Pa. Code
Chapter 128
January, 2008, 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) 772-5214Fertilizer Regulations
7 Pa. Code
Chapter 73September, 2009, as proposed. This regulation will replace 7 Pa. Code Chapter 73 and implement provisions of 3 Pa.C.S. §§ 6701--6725 (Fertilizer Act). John Breitsman
(717) 772-5215Soil and Plant Amendment Regulations
7 Pa. Code
Chapter 130aSeptember, 2009, as proposed. This regulation will replace 7 Pa. Code Chapter 130a and implement provisions of 3 Pa.C.S. §§ 6901--6921 (Soil and Plant Amendment Act). John Breitsman
(717) 772-5215Dog Law
7 Pa. Code
Chapters 23, 25 and 27October, 2008, as final. 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. Jessie Smith
Special Deputy Secretary
(717) 214-3758Clean and Green Regulations
7 Pa. Code
Chapter 137bMarch, 2008, as proposed. This regulation will address statutory changes made by Act 235 of 2004, and will otherwise update the current regulation. Douglas Wolfgang
(717) 783-3167Agricultural Conservation Easement Purchase Program Regulations
7 Pa. Code
Chapter 138eJuly, 2008, 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. Douglas Wolfgang
(717) 783-3167Seed Testing Labeling and Standards
7 Pa. Code
Chapter 111January, 2008, as proposed. This regulation will supplant the current regulation and implement provisions of 3 Pa.C.S. §§ 7101--7122 (Seed Act). Joe Garvey
(717) 787-5609General Provisions for Seed Certification
7 Pa. Code
Chapter 113January, 2008, as proposed. This regulation will replace 7 Pa. Code Chapter 113 and implement the provisions of 3 Pa.C.S. §§ 7101--7122 (Seed Act). Joe Garvey
(717) 787-5609Standards for Seed Certification
7 Pa. Code
Chapter 115January, 2008, as proposed. This regulation will replace 7 Pa. Code Chapter 115 and implement the provisions of 3 Pa.C.S. §§ 7101--7122 (Seed Act). Joe Garvey
(717) 787-5609Odor Management Plan Writer Certification
7 Pa. Code
Chapter 130fNotice of proposed rulemaking was published at 37 Pa.B. 5793 (October 27, 2007).
May, 2008, as final.This regulation will add section 130f to 7 Pa. Code. The regulation is required by Act 38 of 2005 (commonly referred to as ACRE). The regulation establishes certification requirements for public, commercial and independent odor management plan writers. Johan Berger
(717) 787-4189BANKING
Annual Assessment Regulation Late 2008 Required pursuant to 17 Pa.C.S. § 503(a) and 71 P. S. § 733-204.A. Carter D. Frantz
Chief Counsel
(717) 787-9573Regulations defining proper conduct of the mortgage loan business Early 2008 63 P. S. § 456.310(a); 7 P. S. § 6616(1); 7 P. S. § 6212. Carter D. Frantz
Chief Counsel
(717) 787-9573Regulations governing check cashing business Late 2008 63 P. S. § 2304(1) Carter D. Frantz
Chief Counsel
(717) 787-9573Regulations governing money transmission business Early 2009 7 P. S. § 6114 Carter D. Frantz
Chief Counsel
(717) 787-9573BOARD OF PARDONS
No regulations being developed or considered at this date. COMMUNITY & ECONOMIC DEVELOPMENT
Neighborhood Assistance Program
12 Pa. Code
Chapter 135 (Regulation)Winter/Spring of 2008 The purpose of the regulation is to establish new special program priorities and to update the regulation with respect to recent legislative changes to the Neighborhood Assistance Act. Jill Busch
(717) 720-7314COMMISSION ON CRIME AND DELINQUENCY
No regulations being developed or considered at this time. CONSERVATION & NATURAL RESOURCES State Forests
(Chapter 21)Publish proposed rulemaking July 2008 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 and 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 July 2008 The 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 and 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 95February, 2008 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, 2008, as final. The regulations will replace the guidelines currently in effect. Randall N. Sears
(717) 731-0444Amendments to 37 Pa. Code § 94.4 July, 2008, as proposed. The amendment will restrict the ability of individuals to purchase items from outside the institution for inmates. Randall N. Sears
(717) 731-0444EDUCATION
Higher Education--
Institutional Approval
22 Pa. Code
Chapter 40March 2008, 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) 787-3787Standards for Approved Private Schools
22 Pa. Code
Chapter 171 Subchapters A & CSpring 2008, 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. John Tommasini
(717) 783-6134Chapter 16 Special Education for Gifted Students
22 Pa. Code
Chapter 16May 2008, as final. 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 711June 2008, as final. These Department Standards govern Charter Schools, revision is required in order to comply with IDEA 2004. Linda Rhen
(717) 705-5014
or
Parker Martin
(717) 783-9280Special Education Services and Programs
22 Pa. Code
Chapter 14March 2008, as final. 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) 705-5014Academic Standards and Assessment,
22 Pa. Code
Chapter 4March 2008, as proposed. 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 42March 2008, as proposed. These regulations establish procedures for approval of specialized associate degree programs, upper division programs at 2-year and community colleges, graduate programs and vocational education programs. Jim Buckheit
(717) 787-3787General Vocational Education Standards
22 Pa. Code
Chapter 339Spring 2008, 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 and 63The Board, the Department, and various subcommittees are working on preliminary draft language to be considered by leadership. Once initial approval is received, the more formal process will begin. 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.). Linda Rhen
(717) 705-5014
or
Parker Martin
(717) 783-9280Academic Standards and Assessment
22 Pa. Code
Chapter 4 Appendix A-- Academic standards for reading, writing, speaking and listening and mathematicsSeptember 2008, as proposed. Chapter 4 sets forth requirements for instruction, graduation, strategic planning and assessment based on state academic standards. The standards for reading, writing, speaking and listening and mathematics were issued in January 1999. The Board, in accordance with § 4.12(i) seeks to review the standards for the purpose of clarifying, consolidating and correcting the standards. Jim Buckheit
(717) 787-3787EMERGENCY MANAGEMENT AGENCY No regulations being developed or considered at this time. ENVIRONMENTAL HEARING BOARD
Pa. Code Title 25 Chapter 1021 Practice and Procedure The Environmental Hearing Board intends to submit proposed rulemaking in January or February 2008. 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; and 4) expedited litigation. The Rules Committee has also recommended revisions to existing rules, including summary judgment, discovery, participation in litigation by parties of interest. The Board is also considering a pilot project before adopting a new rule on electronic discovery. Maryanne Wesdock
(412) 565-5245ENVIRONMENTAL PROTECTION
Areas Unsuitable for Surface Mining
25 Pa. Code
Chapter 86FY 07-08 Proposed designation of 3,200 acre Muddy Run Watershed in NE Cambria County as unsuitable for Mining. A designation would protect a drinking water supply for over 550 households. Geoff Lincoln
(717) 783-9582
glincoln@state.pa.usNoncoal Program
Noncoal Surface Mining Conservation and Reclamation Act 25 Pa. Code
Chapter 77FY07-08 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) 783-9580
wallen@state.pa.usOil and Gas Well Program
Oil and Gas Act
25 Pa. Code
Chapter 78FY07-08 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) 772-2199
rgilius@state.pa.usCoal Mine Reclamation
Surface Mining Conservation and Reclamation Act
25 Pa. Code
Chapter 86FY07-08 Revisions to Chapter 86 (Surface and Underground Mining: General) to provide for adjustments to the existing reclamation fee and to provide for the reclamation of sites where the operator reclamation bond has been forfeited Keith Brady
(717) 787-4814
kbrady@state.pa.usRemining Financial Guarantees and Federal OSM Consistency Rule
Surface Mining Conservation and Reclamation Act
25 Pa. Code
Chapters 86, 87, and 88FY07-08 Revisions to Chapter 86--88 to include remining financial guarantees proposal, and revisions to address program conditions that are currently inconsistent with Federal OSM rules, including self-bonding, decisions on incidental coal extraction, coal exploration on areas unsuitable for mining, impoundment design criteria, and disposal of noncoal waste. Bill Allen
(717) 783-9580
wallen@state.pa.usTitle 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 SummaryFY07-08 Revisions to Chapter 401 to expand Mine Subsidence Insurance (MSI) coverage to apply to appurtenances to structures as well as to structures, the removal of provisions that change periodically, such as premium rates and policy limits, so that they can be provided in the insurance policy, the explicit authority to provide grants, the option to compensate for the cost to repair or the diminution in market value (this option will allow an otherwise uninsurable to continue to carry coverage after a loss), 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) 783-9590
lruane@state.pa.usWater Supply Replacement
Surface Mining Conservation and Reclamation Act
25 Pa. Code
Chapters 87, 88FY07-08 Revisions to Chapters 87 and 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) 787-4814
kbrady@state.pa.usSurface Mine Safety
Surface Mine Conservation and Reclamation Act,
Noncoal Surface Mine Conservation and Reclamation Act,
25 Pa. Code
Chapter 209FY07-08 Revision to Chapter 209 (Coal Mines) to adopt by reference the Federal MSHA regulations for surface coalmines and surface noncoal mines. Bill Allen
(717) 783-9580
wallen@state.pa.usMine Opening Blasting
Surface Mine Conservation and Reclamation Act
25 Pa. Code
Chapter 89FY07-08 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
wallen@state.pa.usBluff Recession and Setback Amendments
Bluff Recession and Setback Act
25 Pa. Code
Chapter 85FY07-08 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) 772-5633
azemba@state.pa.usGeneral Provisions
Clean Streams Law
25 Pa. Code
Chapter 91FY07-08 This proposal will include amendments to Chapter 91 to require a management plan as part of the permit application, and clarify issuance of innovative technology permits for wastewater treatment facilities. The proposal will also include revisions to account for changes to CAFO regulations. Parimal Parikh
(717) 787-8184
pparikh@state.pa.usWatershed Permits
Clean Streams Law
25 Pa. Code
Chapter 92FY07-08 Revision to Chapter 92 (National Pollution Discharge Elimination System Permitting, Monitoring and Compliance-- NPDES) to allow the Department to develop watershed permits in watersheds covered by a TMDL or similar allocation. John Wetherell
(717) 705-0486
jwetherell@state.pa.usBig Brook et al Redesignation Package
Clean Streams Law
25 Pa. Code
Chapter 93FY07-08 This proposal identifies eight streams (Big Brook (Wayne County), Beaver Creek (Chester County), Clarion River (Clarion County), Furnace Run (Lancaster and Lebanon Counties), Mill Creek (Berks County), Stone Creek (Bedford County), Wissahickon Creek (Montgomery 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) 787-9637
romcallist@state.pa.usClark Creek et al Redesignation Package
Clean Streams Law
25 Pa. Code
Chapter 93FY07-08 This proposal identifies nine streams (UNT Lackawanna River (Clark Creek) (Wayne County), Upper Lehigh River (Lackawanna, Monroe, Wayne and Luzern Counties), Pine Creek (Schuykill County), UNT Conestoga Creek (Lancaster County), L. Lehigh (Lehigh and Berks Counties), Hammer Creek, (Lebanon and 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) 787-9637
romcallist@state.pa.usBlue Eye Run, et al (WQN) Stream Redesignation Package
Clean Streams Law
25 Pa. Code
Chapter 93FY07-08 This proposal identifies seven stream segments (Blue Eye Run (Warren County), E. Br. Dyberry Creek (Wayne County), East Hickory Creek (Warren County), Muncy Creek (Sullivan County), Spruce Run (Union County), UNT Tunkhannock Creek (Susquehanna County), and Young Womans Creek (Clinton 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) 787-9637
romcallist@state.pa.usTriennial 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 PolicyFY07-08 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. These amendments will also merge portions of Chapter 16 into the regulations in Chapter 93. Tom Barron
(717) 787-9637
tbarron@state.pa.usErosion and Sediment Control and Stormwater Management
Clean Streams Law
25 Pa. Code
Chapter 102FY07-08 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 stormwater management; incorporate buffer provisions; and revise permit requirements. Barbara Beshore
(717) 772-5961
bbeshore@state.pa.usDam Safety and Waterways Management
Dam Safety and Encroachments Act and Clean Streams Law
25 Pa. Code
Chapter 105FY07-08 Several major modifications/revisions include: changes to permit requirements; permit application requirements; environmental assessment, and wetland replacement criteria. Troy Conrad
(717) 772-5970
tconrad@state.pa.usPublic Notification Revisions
Safe Drinking Water Act
25 Pa. Code
Chapter 109FY07-08 Amendments to several sections in Chapter 109 to strengthen the public notification (PN) requirements for imminent threat 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
(717) 772-4018
ldaniels@state.pa.usStage 2 Disinfectants and Disinfection Byproducts Rule
Safe Drinking Water Act
25 Pa. Code
Chapter 109FY07-08 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. Parimal Parikh
(717) 787-8184
pparikh@state.pa.usChapter 109
General Update
Safe Drinking Water Act
25 Pa. Code
Chapter 109FY07-08 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 online 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) 772-2189
ldaniels@state.pa.usOperator Certification Program
25 Pa. Code
Chapter 302FY07-08 These regulations formalize requirements for certification of drinking water and wastewater system operators. Veronica Kasi
(717) 772-4053
vbkasi@state.pa.usWater Resources Planning
Water Resources Planning Act
25 Pa. Code
Chapter 110FY07-08 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) 783-8055
suweaver@state.pa.usMicrobial Pathogens in Groundwater Rule
25 Pa. Code
Chapter 109
FY 07-08 This rulemaking will incorporate the Environmental Protection Agency's Final Ground Water Rule, which was promulgated on November 8, 2006, to provide for increased protection against microbial pathogens in public water systems that use ground water sources. John Diehl
(717) 787-9561
jdiehl@state.pa.usControl of Nitrogen Oxide (NOx) Emissions from Glass Furnaces
Air Pollution Control Act,
25 Pa. Code
Chapters 121 and 129FY 07-08 The proposed rulemaking establishes nitrogen oxide (NOx) emission control requirements, emission standards and emission limitations for glass melting furnaces during the ozone season (May 1 through September 30) and related administrative requirements for glass melting furnaces, starting in May 2009. Adoption of NOx emission limits for glass melting furnaces is part of the Commonwealth's strategy, in concert with other jurisdictions in the Ozone Transport Region (OTR), to reduce transport of ozone to achieve and maintain the health-based 8-hour ozone National Ambient Air Quality Standard. In addition, the strategy will also provide NOx emission reductions necessary to reduce the formation of fine particulates and regional haze. Jim Stoner
(717) 772-3921
jastoner@state.pa.usClean Air Interstate Rule
Air Pollution Control Act
25 Pa. Code
Chapters 121, 129 and 145FY07-08 The final rulemaking will 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 as a means of mitigating the interstate transport of fine particulates (PM2.5), NOx and SO2. The implementation of these measures to address ozone and PM2.5 air quality nonattainment in this Commonwealth are reasonably necessary to protect the public health and reduce welfare losses. Jim Stoner
(717) 772-3921
jastoner@state.pa.usDiesel Vehicle Idling and Auxiliary Power Systems
Air Pollution Control Act,
Chapter 126
FY07-08 A proposed new Subchapter F would place time limitations on idling of heavy-duty diesel vehicles to reduce emissions of several pollutants. Exemptions would be provided. A proposed new Subchapter G would regulate the use of diesel-powered auxiliary power systems for diesel-powered commercial motor vehicles with model year 2007 and newer engines. Arleen Shulman
(717) 772-3926
ashulman@state.pa.usAir Quality Permit Streamlining
Air Pollution Control Act
25 Pa. Code
Chapter 127FY07-08 The final rulemaking will revise certain public notice provisions for non-major sources. The regulation will also extend from 120 to 180 days the duration for temporary ''shake-down'' operation of new or modified sources subject to the Plan Approval requirements and adds a new provision to address completeness determinations of plan approval applications as part of the Department's efforts to streamline permitting activities. Krish Ramamurthy
(717) 783-9476
kramamurth@
state.pa.usControl of Nitrogen Oxide (NOx) Emissions from Cement Kilns
Air Pollution Control Act
25 Pa. Code
Chapters 121, 129, and 145FY07-08 The proposed rulemaking would revise existing NOx emission limits for cement kilns by establishing allowable NOx emission limits for certain types of cement kilns. The proposed rulemaking includes several compliance demonstration options including compliance on a kiln-by-kiln basis, emissions averaging and use of Clean Air Interstate Rule (CAIR) NOx Ozone Season allowances. Adoption of NOx emission limits for cement kilns is part of the Commonwealth's strategy, in concert with other jurisdictions in the Ozone Transport Region (OTR), to reduce the transport of ozone to achieve and maintain the health-based 8-hour ozone National Ambient Air Quality Standard (NAAQS). The Department will also make progress in achieving and maintaining the fine particulates NAAQS. Jim Stoner
(717) 772-3921
jastoner@state.pa.usConsumer Products
Air Pollution Control Act
25 Pa. Code
Chapter 130FY07-08 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. The reductions are reasonably necessary to achieve and maintain the health-based 8-hour ozone National Ambient Air Quality Standard. Susan Hoyle
(717) 772-2329
shoyle@state.pa.usAdhesives and Sealants
Air Pollution Control Act
25 Pa. Code
Chapter 130 and Chapter 129FY07-08 The proposal would adopt volatile organic compound (VOC) content limits for 41 categories of adhesives, adhesive primers, sealants, sealant primers and adhesives applied to certain substrates. The proposal would also add requirements for the control of emissions from the use or application of adhesives, sealants and primers by the owners or operators of stationary sources. This proposal would be consistent with regulatory initiatives recommended by the Ozone Transport Commission to address regional transport of ozone precursor emissions. Martin Felion
(717) 772-3939
mafelion@state.pa.usRadiation Protection Program
Radiation Protection Act,
Radon Certification Act
25 Pa. Code
Chapter 215--240FY07-08 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) 783-9730
lurciuolo@state.pa.usRadiological Health and Radon Certification Fees
25 Pa Code
Chapters 218 and 240
FY07-08 The amendments in Chapter 218 will increase the annual fees for registration of radiation-producing machines, radiation-producing machine service provides, accelerator licenses and radioactive material licenses as well as the hourly rate professional fee associated with certain full cost recovery licenses. The amendments in Chapter 240 will increase the application fees for certification of radon services. L. Ray Urciuolo
(717) 783-9730
lurciuolo@state.pa.usAdministration of the Storage Tank and Spill Prevention Program
Storage Tank and Spill Prevention Act
25 Pa. Code
Chapter 245FY07-08 Revisions to Chapter 245 to provide for training requirements for three distinct classes of underground storage tank system operators. The proposal will include a description of the classes of operators, required training for each class of operator, deadlines when operator training is required, and acceptable forms of training. The Federal Energy Policy Act of 2005 required EPA to publish operator training guidelines by August 8, 2007. States receiving Federal funding under Subtitle I of RCRA must develop State-specific operator training requirements consistent with the EPA guidelines by August 8, 2009. Ray Powers
(717) 772-5809
rapowers@state.pa.usWaste Facility Notification Near Military Airports
Solid Waste Management Act
25 Pa. Code §§ 271.1, 279.112, 287.1 and 293.112FY07-08 This final 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) 787-7381
ssocash@state.pa.usHazardous Waste Program
Solid Waste Management Act
25 Pa. Code
Chapters 260--270FY07-08 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) 783-1736
dshipman@state.pa.usMunicipal and Residual Waste Amendments
Solid Waste Management Act and Waste Transportation Safety Act
25 Pa. Code
Chapters 271--285 and 287--299FY07-08 These proposed revisions are comprehensive modifications to the Municipal and Residual Waste Regulations, including: consolidating similar chapters and standardizing provisions, where applicable, between the two volumes; revising and clarifying definitions, including the definition of ''waste''; developing additional permits-by-rule; incorporating commodity disposal bans; revising the local and municipal involvement process for waste disposal and processing facility applications; and revising the environmental assessment and harms/benefits test. The package will also include regulations to implement the Waste Transportation Safety Program as authorized by Act 90 of 2002. Kim Hoover
(717) 783-7514
khoover@state.pa.usAdministration of the Land Recycling Program (Act 2)
Land Recycling and Environmental Remediation Standards Act
25 Pa. Code
Chapter 250FY07-08 Revisions to Chapter 250 (Administration of the Land Recycling Program) This proposal includes a number of miscellaneous revisions to the regulations and an update of the Statewide Health Standards Tables based on new toxicological information. Dave Crownover
(717) 783-7502
dcrownover@state.pa.usFacility Odor Management
25 Pa. Code
Chapter 83FY07-08 This rulemaking provides the State Conservation Commission with oversight to manage the impact of odors generated from animal housing facilities and manure storage facilities on high-density livestock and poultry operations, referred to as Concentrated Animal Operations and from Concentrated Animal Feeding Operations. Doug Brennan
(717) 787-9373
dobrennan@state.pa.us
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