NOTICES
GOVERNOR'S OFFICE
Regulatory Agenda
[40 Pa.B. 771]
[Saturday, February 6, 2010]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 28th 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 follows (as well as any considered subsequent to publication of this Agenda) is published.
Regulation Being Considered Proposed 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 15
Protective Services for Older AdultsDecember 2010, as proposed. The Older Adults Protective Services Act is under review in light of the decision of the PA Supreme Court in Nixon et al. v. Commonwealth, et al., which found the current protective services law to be unconstitutional. Regulations are routinely being reviewed as numerous pieces of pending legislation are being considered. Bob McNamara
(717) 772-2541AGRICULTURE Domestic Animal
7 Pa. Code
Chapter 2, 3 and 16July 2010, as proposed. The 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). Craig E. Shultz, DVM Director
(717) 772-2852Cervidae
7 Pa. Code
Chapter 18July 2010, as proposed. Act 190 of 2002 amended the Domestic Animal Law to require the Department to license and regulate Cervidae livestock operations. Act 51 of 2006 further amended the requirements for Cervidae livestock operations (3 Pa.C.S. §§ 2303—2380.9). Craig E. Shultz, DVM Director
(717) 772-2852Animal Exhibition Sanitation
7 Pa. Code
Chapter 20aJuly 2010, as proposed. Act 211 of 2002 requires the Department to enforce sanitation requirements at animal exhibitions, and to regulate as necessary to meet this requirement (3 Pa.C.S. §§ 2501—2504). Dr. Craig Shultz, DVM Director
(717) 772-2852Biofuels
70 Pa. Code
Chapter 11August 2010, as proposed. This regulation will satisfy the requirements of Act 78 of 2008 (the Biofuel Development and In-State Production Incentive Act). John Dillabaugh
(717) 787-6772Weights and Measures
Regulations
70 Pa. Code
Chapters 1—101December 2011, as proposed. This long-term project is intended to update the Department's regulations authorized by the Consolidated Weights and Measures Act. John Dillabaugh
(717) 787-6772Harness Racing Commission
58 Pa. Code
Chapters 181, 183, 185 and 186—190May 2010, 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. Michael Dillon
(717) 705-3770Horse Racing Commission
58 Pa. Code
Chapters 161, 163, 165, 167, 169,
171 and 173May 2010, 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. Michael Dillon
(717) 705-3770Pesticide Regulations 7 Pa. Code
Chapter 128July 2010, as final. 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. This regulation will also increase the pesticide product registration fee. David Scott
(717) 772-5214Commercial Feed Rules and Regulations
7 Pa. Code
Chapter 71June 2010, as proposed. This regulation will replace 7 Pa. Code Chapter 71 and implement provisions of 3 Pa.C.S.A. §§ 5101—5115 (Commercial Feed Act). John Breitsman
(717) 772-5215Pet Food Rules
and Regulations
7 Pa. Code
Chapter 72June 2010, as proposed. This regulation will replace 7 Pa. Code Chapter 72 and implement provisions of 3 Pa.C.S.A. §§ 5101—5115 (Commercial Feed Act). John Breitsman
(717) 772-5215Fertilizer Regulations 7 Pa. Code
Chapter 73October 2010, 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 130aOctober 2010, 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) 772-5215Clean and Green Regulations
7 Pa. Code
Chapter 137bJuly 2010, as proposed. This regulation will address statutory changes made by Act 235 of 2004, and will otherwise update the current regulations. Douglas Wolfgang
(717) 783-3167Agricultural Conservation Easement Purchase Program Regulations 7 Pa. Code
Chapter 138eDecember 2010, 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 regulations. Douglas Wolfgang
(717) 783-3167PA Food Code
7 Pa. Code
Chapter 46February 2010, as proposed. This regulation will amend 7 Pa. Code Chapter 46 and implement legislative changes that may occur during the promulgation process. William Chirdon
(717) 787-4315Milk Sanitation
7 Pa. Code
Chapter 59aJuly 2010, as final. This regulation will replace 7 Pa. Code Chapter 59 and implement the provisions of the Milk Sanitation Law. William Chirdon
(717) 787-4315Canine Health Board Regulations
7 Pa. Code
Chapter 28aJune 2010, as final. This regulation sets standards for humidity, ammonia, and ventilation levels, as well as, lighting and flooring standards in commercial kennels. Sue West
(717) 787-3062BANKING
Annual Assessment Regulation Late 2010. Required pursuant to 17 Pa.C.S. § 503(a) and 71 P. S. § 733-204.A. Robert C. Lopez
Deputy Chief Counsel (717) 787-9573Regulation governing the conduct of debt settlement services pursuant to the Debt Management Services Act. Late 2010. Required pursuant to 63 P. S. § 2403(b). Robert C. Lopez
Deputy Chief Counsel (717) 787-9573Repeal of regulations at 10 Pa. Code Chapters 3 and 44. Late 2010. These regulations are no longer necessary in light of Section 503.E of the Department of Banking Code, 71 P. S. § 733-503.E and the repeal of Chapter 3 of the Mortgage Bankers and Brokers and Consumer Equity Protection Act. Robert C. Lopez
Deputy Chief Counsel (717) 787-9573Regulation governing pleading procedures for Department administrative actions. Late 2010. Regulation to create simplified and clear filing and pleading procedures specific to Department administrative proceedings and the statutes under the Department's jurisdiction. Robert C. Lopez
Deputy Chief Counsel (717) 787-9573Regulation governing continuing education under the Debt Management Services Act. Early 2011. Required pursuant to 63 P. S. § 2409. Robert C. Lopez
Deputy Chief CounselBOARD OF PARDONS
No regulations being developed or considered at this date. COMMUNITY & ECONOMIC DEVELOPMENT
Film Production Tax Credit Program (Proposed Regulation) Spring of 2010. The purpose of the proposed regulation is to implement the provisions of the Tax Reform Code of 1971 relating to Film Production Tax Credits. Matthew Speicher
(717) 783-8452COMMISSION ON CRIME AND DELINQUENCY
37 Pa. Code
Chapter 431 Constables' Education and Training BoardFebruary 2010, proposed. The purpose of this regulation is to eliminate any waivers of the firearms portion of the basic training course, preclude any constable under the age of 21 from participating in the firearms portion of the basic training course and to require a constable who fails a first and second examination in the basic training course bear the financial responsibility for a second or third basic training. John Pfau
265-8546CONSERVATION & NATURAL RESOURCES
State Forests (Chapter 21) Publish proposed rulemaking
May 2010.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 and 1340.502). Matt Beaver,
(717) 783-0379
Susan Wood, Esq.
(717) 772-4171State Forest Picnic Areas (Chapter 23) Publish proposed rulemaking
May 2010.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 and 502 of the Conservation & Natural Resources Act (71 P. S. §§ 1340.302, 1340.313 and 1340.502). Matt Beaver,
(717) 783-0379
Susan Wood, Esq.
(717) 772-4171Conservation of Pennsylvania Native Wild Plants
(Chapter 45)Publish proposed rulemaking
May 2010.Major purpose of rulemaking is to establish a more workable procedure for updating the classifications of native wild plants by removing the classifications from the regulatory process. The classifications would be established by publication in the Pennsylvania Bulletin. Legal basis: Section 7 of the Wild Resource Conservation Act (32 P. S. § 5307); and Section 313 of the Conservation and Natural Resources Act (71 P. S. § 1340.313). Chris Firestone
(570) 724-8149
Susan Wood, Esq.
(717) 772-4171CORRECTIONS Revisions to
37 Pa. Code
Chapter 94March, 2010, as Final—proposed omitted. The regulation will eliminate the requirement that an offender serve 9 months in a state correctional institution before placement in a community corrections center. Randall N. Sears
(717) 731-0444Revisions to
37 Pa. Code
Chapter 93July 2010, as proposed. The Motivational Boot Camp regulations are being revised to eliminate unnecessary staffing provisions. Timothy Holmes
(717) 731-0444Amendments to
37 Pa. Code § 94.4July, 2010, as proposed. The amendment will restrict the ability of individuals to purchase items from outside the institution for inmates. Theron Perez
(717) 731-0444EDUCATION
Standards for Approved Private Schools
22 Pa. Code
Chapter 171 Subchapter CSpring 2011, 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) 783-6134Academic Standards and Assessment,
22 Pa. Code
Chapter 4Winter 2010, 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. Adam Schott
(717) 787-3787
or
Diane Castelbuono
(717) 787-2127Regulations of the State Board of Private Academic Schools
22 Pa. Code
Chapters 51, 53, 55, 57, 61 and 63Spring 2010, as proposed. 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.) Linda Rhen
(717) 705-5014
or
Parker Martin
(717) 783-9280Regulations for Pennsylvania Pre-K Counts, Section 1511D, of Act 45, Amending the
School CodeSpring 2010, as Final-Omitted Regulations. These regulations implement the guidelines, standards and procedures relevant to the Pennsylvania Pre-K Counts program providing early childhood educational opportunities to 3 and 4 year-olds by local educational agencies, child care centers and group child care homes, Head Start grantees and licensed nursery schools as final-omitted regulations. Todd Klunk
(717) 346-9320
or
Linda Brown Warren (717) 346-4036Higher Education—
College and University Security. 22 Pa. Code
Chapter 33July 2010, as proposed. This chapter governs the responsibility of institutions of higher education to comply with the College and University Security Information Act. The chapter applies to independent institutions of higher education, community colleges, member institutions of the State System and State-related institutions. Adam Schott
or
Deborah Wynn
(717) 787-3787Academic Standards and Assessment,
22 Pa. Code
Chapter 4March 2010, as proposed. Chapter 4 sets forth requirements for instruction, graduation, strategic planning and assessment based on state academic standards for twelve subject areas. The standards for reading, writing, speaking and listening and mathematics were issued in January 1999. The standards for science and technology and environment and ecology were issued in January 2002. The standards for economics, geography, history, arts, humanities, health, safety and physical education were issued in January 2003. The standards for career education and work were issued in July 2006. The Board, in accordance with Section 4.12(i) seeks to review the standards for the purpose of clarifying, consolidating and aligning the standards with the common core standards. Adam Schott
or
Deborah Wynn
(717) 787-3787Students and
Student Services,
22 Pa. Code
Chapter 12July 2010, as proposed. These regulations require schools to offer certain categories of programs when planning student services, banned corporal punishment, and clarified requirement for students and parents when students are excluded from school. The Board seeks to amend this regulation to add requirements for student nutrition, physical fitness, and safety. Adam Schott
or
Deborah Wynn
(717) 787-3787EMERGENCY MANAGEMENT AGENCY
No regulations being developed or considered at this time. ENVIRONMENTAL HEARING BOARD
25 Pa. Code
Chapter 1021 Practice and ProcedureThe Environmental Hearing Board published final rulemaking on October 17, 2009. The final rulemaking added new rules on the following topics: 1) default judgment; 2) prepayment of penalties; and 3) expedited litigation. The rulemaking also revised existing rules, including summary judgment, discovery, participation in litigation by parties of interest, and filings and service. The Board is engaged in a pilot project before adopting a new rule on electronic discovery. Maryanne Wesdock (412) 565-5245 ENVIRONMENTAL PROTECTION
Noncoal Program Noncoal Surface Mining
Conservation and Reclamation Act
25 Pa. Code
Chapter 77FY 09-10. 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 and updates to permit application fees to support program activities. Bill Allen
(717) 783-9580 wallen@state.pa.usRemining Financial Guarantees and Federal OSM Consistency Rule Surface Mining Conservation and Reclamation Act
25 Pa. Code
Chapters 86,
87 and 88FY 09-10. 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 and NPDES permit-by-rule for abandoned mine discharges. Bill Allen
(717) 783-9580 wallen@state.pa.usWater Supply Replacement
Surface Mining Conservation & Reclamation Act
25 Pa. Code
Chapters 87 and 88FY 09-10. 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.usMining Fees
Surface Mining Conservation and Reclamation Act,
25 Pa. Code
Chapters 77, 86,
210 and 211FY 09-10. Increase permit application fees to support program activities. Bill Allen
(717) 783-9580 wallen@state.pa.usAreas Unsuitable for Surface Mining Surface Mining Conservation and Reclamation Act,
25 Pa. Code
Chapter 86FY 09-10. Amendments to 25 Pa. Code § 86.130 to add subsection (b)(18) to designate the Lower Kittanning, Clarion, Brookville and Mercer coals within the upper portion of the Muddy Run watershed, Reade Township, Cambria County, as unsuitable for surface mining operations. The regulation is the result of a comprehensive technical evaluation conducted in response to a petition submitted to the EQB by the Reade Township Municipal Authority, which requested that an area within the Muddy Run drainage be designated as unsuitable for surface mining operations. Geoff Lincoln
(717) 783-9582 glincoln@state.pa.usOil & Gas
Well Program
Oil and Gas Act
25 Pa. Code
Chapter 78FY 09-10. Revisions to Chapter 78 (Oil and Gas Wells) that governs the drilling, operation and plugging of oil and gas wells. Includes plugging procedures to attain a more effective seal and alternate requirements for casing and cementing. Ron Gilius
(717) 772-2199 rgilius@state.pa.usOil & Gas
Well Program
Oil and Gas Act
25 Pa. Code
Chapter 78FY 09-10. Revisions to Chapter 78 (Oil and Gas Wells) that governs the drilling, operation and plugging of oil and gas wells. Includes changes to the quantity and quality for replacement water supplies as well as their adequate operation and maintenance; alternate requirements for drilling through mineable coal seams and the recovery of coal bed methane prior to mining. Ron Gilius
(717) 772-2199 rgilius@state.pa.usOil & Gas
Well Program
Oil and Gas Act
25 Pa. Code
Chapter 78FY 09-10. This rulemaking will include changes to bond amounts. Ron Gilius
(717) 772-2199 rgilius@state.pa.usUnderground Coal Mine Safety Bituminous Coal Mine Safety Act
25 Pa. Code
Chapter 208FY 09-10. The rulemaking adopts by reference the MSHA regulations with a few minor edits. The regulation addresses belt flammability standards and maintenance requirements, seal design, construction and maintenance requirements, emergency response requirements, self-contained rescue devices and refuge chambers communication. Joseph Sbaffoni (724) 439-7469 jsbaffoni@state.pa.us National Pollution Discharge Elimination System Permitting, Monitoring and Compliance—NPDES Clean Water Act Clean Streams Law 25 Pa. Code
Chapter 92FY 09-10. Comprehensive reorganization and revision to replace Chapter 92 with Chapter 92a, organized similarly to 40 CFR 122. Major revisions include provisions for a new fee structure and permit-by-rule for Single Residence STPs. Tom Starosta
(717) 787-4317 tstarosta@state.pa.usErosion and Sediment Control and Stormwater Management
Clean Streams Law 25 Pa. Code
Chapter 102FY 09-10. 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 by adding a Permit-by-Rule option. Ken Murin
(717) 772-5975 kmurin@state.pa.usWastewater Treatment Requirements
Clean Streams Law 25 Pa. Code
Chapter 95FY 09-10. Add section with treatment requirements for TDS, chlorides and sulfates. Kevin McLeary
(717) 783-1820 kmcleary@state.pa.usWater Quality Standards for Chloride
Clean Streams Law 25 Pa. Code
Chapter 93FY 09-10. This rulemaking will add Statewide water quality criterion in Chapter 93 for chloride, a substance that is documented to have toxic effects on aquatic life at certain concentrations. Tom Barron
(717) 787-9637 tbarron@state.pa.usOperator Certification Program
Water and Wastewater
Systems Operators' Certification Act
25 Pa. Code
Chapter 302FY 09-10. These regulations formalize requirements for certification of drinking water and wastewater system operators. Veronica Kasi
(717) 772-4053 vbkasi@state.pa.usWater Quality Standards Implementation Clean Streams Law 25 Pa. Code
Chapter 96FY 09-10. Adds provisions for nutrient and sediment credit trading in Pennsylvania. Ann Smith
(717) 787-4726 annsmith@state.pa.usLead and Copper Short Term Revisions Safe Drinking
Water Act
25 Pa. Code
Chapter 109FY 09-10. Amendments to incorporate the Federal lead and copper short term revisions into Chapter 109. This Rule will strengthen the implementation of the LCR in the following areas: monitoring, treatment processes, public education, customer awareness, and lead service line replacement. Lisa Daniels
(717) 772-2189 ldaniels@state.pa.usDrinking Water Fees Safe Drinking
Water Act
25 Pa. Code
Chapter 109FY 09-10. Amendments to update drinking water program fees. Kevin McLeary
(717) 783-1820 kmcleary@state.pa.usDam Safety and Waterways Management
Dam Safety and Encroachments Act and Clean
Streams Law
25 Pa. Code
Chapter 105FY 09-10. This rulemaking package will amend existing regulations at 25 Pa. Code Chapter 105 to address concerns raised by the Auditor General. Dennis Dickey
(717) 772-5951 dedickey@state.pa.usDam Safety and Waterways Management
Dam Safety and Encroachments Act and Clean
Streams Law
25 Pa. Code
Chapter 105FY 09-10. Several major modifications/revisions include: changes to permit requirements; permit application requirements; environmental assessment, and wetland replacement criteria. Sidney Freyermuth (717) 772-5977 sfreyermuth@state.pa.us Water Quality Standards for Molybdenum
Clean Streams Law 25 Pa. Code
Chapter 93,
Water Quality StandardsFY 09-10. This rulemaking will add Statewide water quality criterion in Chapter 93 for molybdenum, a substance that is documented to have toxic effects on human, animal and plant life at certain levels or concentrations. Tom Barron
(717) 787-9637 tbarron@state.pa.usClarks Creek, et al. Stream Redesignations Package
Clean Streams Law 25 Pa. Code
Chapter 93FY 09-10. This proposal identifies the six following streams that should be redesignated to provide the correct aquatic life use designation in the water quality standards: UNT Lackawanna River ''Clarks Creek'' (Wayne County), Pine Creek (Schuykill County), UNT Conestoga River (Lancaster County), Hammer Creek, (Lebanon and Lancaster Counties), UNT Schuylkill River ''Spring Mill Run'' (Montgomery County), and Cacoosing River (Berks County). Rodney McAllister
(717) 787-9637 romcallist@state.pa.usFishing Creek, et al. Stream Redesignations Package
Clean Streams Law 25 Pa. Code
Chapter 93FY 09-10. This rulemaking identifies seven stream segments that should be redesignated to provide the correct aquatic life use designation in the water quality standards. Rodney McAllister
(717) 787-9637 romcallist@state.pa.usControl of Nitrogen Oxide (NOx) Emissions from
Glass Furnaces
Air Pollution
Control Act,
25 Pa. Code
Chapters 121 and 129FY 09-10. The final-form rulemaking would establish nitrogen oxide (NOx) emission control requirements, emission standards and emission limitations for glass melting furnaces and related administrative requirements for glass melting furnaces. 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, 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. Jane Mahinske
(717) 783-8949 jmahinske@state.pa.usControl of Nitrogen Oxide (NOx) Emissions from Cement Kilns
Air Pollution
Control Act
25 Pa. Code
Chapters 121,
129 and 145FY 09-10. The final-form rulemaking would revise existing NOx emission limits for cement kilns by establishing allowable NOx emission limits for certain types of cement kilns. The rulemaking amendments to Chapter 129 have been deleted and in the final-form rulemaking are incorporated into Chapter 145, Subchapter C to amend the existing cement kilns regulation. The final-form rulemaking includes several compliance demonstration options including compliance on a kiln-by-kiln, facility-wide or system-wide basis among Portland cement kilns under the common control of the same owner or operator in this Commonwealth. 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. Jane Mahinske
(717) 783-8949 jmahinske@state.pa.usAdhesives and Sealants
Air Pollution
Control Act
25 Pa. Code
Chapters 129 and 130FY 09-10. The final-form rulemaking would adopt volatile organic compound content limits for 37 categories of adhesives, adhesive primers, sealants, sealant primers, and adhesives applied to certain substrates. The proposed rulemaking 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 proposed rulemaking would be consistent with regulatory initiatives recommended by the Ozone Transport Commission to address regional transport of ozone precursor emissions. Randy Bordner
(717) 772-3921 ranbordner@state.pa.usAir Quality
Plan Approval
and Operating
Permit Fees
Air Pollution
Control Act
25 Pa. Code
Chapters 127 and 139FY 09-10. The proposed rulemaking will amend existing requirements and fees codified in 25 Pa. Code Chapter 127, Subchapter I (relating to plan approval and operating permit fees), and add new categories of fees to Chapter 127, Subchapter I, to address modifications of existing plan approvals and requests for determination of whether a plan approval is required. The proposed rulemaking also adds a new section to address fees for risk assessment applications. The proposed rulemaking will amend the existing emission fee paid by the owner or operator of a Title V facility. The proposed rulemaking will also add Subchapter D (relating to testing, auditing and monitoring fees) to Chapter 139 to add new categories of fees and to establish a fee schedule to address Department-performed source testing and auditing and monitoring activities for continuous emission monitoring systems (CEMS). Dean Van Orden
(717) 783-9264 dvanorden@state.pa.usNonattainment New Source Review Particulate Matter 2.5 (NNSR PM2.5) Air Pollution
Control Act
25 Pa. Code
Chapters 121 and 127FY 09-10. The proposed rulemaking would amend the existing nonattainment new source review (NSR) requirements in 25 Pa. Code Chapter 127, Subchapter E (relating to new source review), §§ 127.201—127.218, to incorporate recently promulgated Federal requirements for particulate matter equal to and less than 2.5 micrometers in diameter (PM2.5) and PM2.5 precursors. The proposed amendments would limit the emissions of PM2.5 and PM2.5 precursors for new major sources or major sources being modified in certain counties and portions of counties of this Commonwealth that are designated as nonattainment for the PM2.5 National Ambient Air Quality Standard. The Federal regulation requires a state with PM2.5 nonattainment areas to submit revised nonattainment NSR PM2.5 requirements to the U.S. Environmental Protection Agency (EPA) for State Implementation Plan (SIP) approval within three years of publication of the final rule. Therefore, the Commonwealth needs to amend its NSR regulations and submit a SIP revision to the EPA by May 16, 2011. Virendra Trivedi
(717) 772-3979 vtrivedi@state.pa.usLarge Appliance and Metal Furniture Coating Processes (LA/MF CTG)
Air Pollution
Control Act
25 Pa. Code
Chapter 129FY 09-10. The proposed rulemaking would amend the existing surface coating regulations under 25 Pa. Code Chapter 129 to further reduce the emissions of volatile organic compounds (VOCs) from large appliance and metal furniture coating processes to meet the Clean Air Act ''reasonably available control measures'' requirement for ozone nonattainment areas. The proposal would add 25 Pa. Code § 129.52a (relating to large appliance and metal furniture coating processes) to adopt emission limits and work practice standards for large appliance and metal furniture surface coating operations.
The proposed rulemaking would also amend 25 Pa. Code § 129.52, which limits VOC emissions from surface coating processes, to terminate applicability of 25 Pa. Code § 129.52 to large appliance and metal furniture surface coating operations, including the current VOC content limits for large appliance and metal furniture coatings listed in Table 1, as of the date of applicability of the requirements of the proposed 25 Pa. Code § 129.52a.Susan Hoyle
(717) 772-2329 shoyle@state.pa.usPaper, Film and Foil Coating Processes (PFF CTG)
Air Pollution
Control Act
25 Pa. Code
Chapter 129FY 09-10. The proposed rulemaking would amend the existing surface coating regulations to further reduce the emissions of volatile organic compounds (VOCs) from paper, film and foil coating processes to meet the Clean Air Act ''reasonably available control measures'' requirement for ozone nonattainment areas. The proposal would add 25 Pa. Code § 129.52b (relating to paper, film and foil coating processes) to adopt emission limits and work practice standards for paper, film and foil surface coating operations. The proposed rulemaking would also amend 25 Pa. Code § 129.52, which limits VOC emissions from surface coating processes, to terminate applicability of 25 Pa. Code § 129.52 to paper, film and foil surface coating operations, including the current VOC content limits for paper coatings listed in Table 1, as of the date of applicability of the requirements of the proposed 25 Pa. Code § 129.52b. Susan Hoyle
(717) 772-2329 shoyle@state.pa.usFlat Wood Paneling Coating Processes (FWP CTG)
Air Pollution
Control Act
25 Pa. Code
Chapter 129FY 09-10. The proposed rulemaking would amend 25 Pa. Code § 121.1 (relating to definitions) and Chapter 129 (relating to standards for sources) to add requirements to reduce the emissions of volatile organic compounds (VOCs) from flat wood paneling coating processes to meet the Clean Air Act ''reasonably available control measures'' requirement for ozone nonattainment areas. The proposal would add 25 Pa. Code § 129.52c (relating to control of VOC emissions from flat wood paneling coating processes) to adopt emission limits and work practice standards for flat wood paneling coating operations. Susan Hoyle
(717) 772-2329 shoyle@state.pa.usOutdoor Wood-
fired Boilers
(OWB)
Air Pollution
Control Act
25 Pa. Code
Chapter 123FY 09-10. The proposed rulemaking would add 25 Pa. Code § 123.14 (relating to outdoor wood-fired boilers) to 25 Pa. Code Chapter 123 (relating to standards for contaminants). The proposed rulemaking would also add new and revise certain existing definitions in 25 Pa. Code § 121.1 (relating to definitions). The proposed rulemaking would set emission standards for outdoor wood-fired boilers (OWBs) sold, distributed or newly installed in the Commonwealth of Pennsylvania. This proposed rulemaking would limit emissions of particulate matter (PM), largely including emissions of fine particulates equal to and less than 2.5 micrometers in diameter (PM2.5). The proposed rulemaking would establish setback requirements for newly installed OWBs and establish fuel and stack height requirements, and seasonal prohibitions, for all OWBs operated in this Commonwealth whether existing or newly-installed. Jane Greber
(717) 772-2328 jgreber@state.pa.usHEDD—High Electric Demand Days
Air Pollution
Control Act
25 Pa. Code
Chapter 145, Subcharter EFY 09-10. The proposed rulemaking would limit emissions of nitrogen oxides (NOx) from electric generating units (EGUs) and emergency generator sets used during nonemergency periods that operate less than 1,200 hours per Ozone Season and generate electricity during periods of peak electric demand, including high electric demand days (HEDD). This class of units produces aggregate HEDD emissions of NOx on peak electric demand days that are great enough to reduce or eliminate the environmental benefit of NOx emission reductions achieved on peak electric demand days by the larger EGUs currently regulated under the Commonwealth's Clean Air Interstate Rule (CAIR) and previously under the NOx Budget Trading Program. Susan Hoyle
(717) 772-2329 shoyle@state.pa.usSulfur Limits in Commercial Fuel Oil Air Pollution
Control Act
25 Pa. Code
Chapters 121 and 123FY 09-10. The proposed rulemaking would amend 25 Pa. Code § 123.22 (relating to combustion units) to revise downward the maximum allowed percent sulfur content in commercial fuel oil sold for and used in combustion units in this Commonwealth, to further limit the emissions of sulfur dioxide (SO2) from these sources. Amendments to 25 Pa. Code § 121.1 (relating to definitions) may also be necessary to support the proposed amendments to § 123.22. Emissions of sulfur dioxide (SO2) contribute to the formation of regional haze, which degrades visibility in many American cities and scenic areas. Regional haze is visibility impairment caused by cumulative air pollutant emissions from numerous sources over a wide geographic area. The proposed rulemaking would be consistent with the Statement of the Mid-Atlantic/Northeast Visibility Union (MANE-VU) Regional Planning Organization (RPO). Susan Hoyle
(717) 772-2329 shoyle@state.pa.usLithographic and Letterpress Printing Processes
Air Pollution
Control Act
25 Pa. Code
Chapter 129FY 09-10. The proposed rulemaking would amend 25 Pa. Code Chapter 129 (relating to standards for sources) to add requirements to reduce the emissions of volatile organic compounds (VOCs) from lithographic and letterpress printing processes to meet the Clean Air Act ''reasonably available control measures'' requirement for ozone nonattainment areas. The proposal would add 25 Pa. Code § 129.67a (relating to control of VOC emissions from lithographic and letterpress printing processes) to adopt emission limits and work practice standards for lithographic and letterpress printing operations. Susan Hoyle
(717) 772-2329 shoyle@state.pa.usFlexible Package Printing Processes Air Pollution
Control Act
25 Pa. Code
Chapter 129FY 09-10. The proposed rulemaking would amend 25 Pa. Code Chapter 129 (relating to standards for sources) to add requirements, including emission limits and work practice standards, to reduce the emissions of volatile organic compounds (VOCs) from fiberglass boat manufacturing processes to meet the Clean Air Act ''reasonably available control measures'' requirement for ozone nonattainment areas. Susan Hoyle
(717) 772-2329 shoyle@state.pa.usIndustrial Cleaning Solvents
Air Pollution
Control Act
25 Pa. Code
Chapter 129FY 09-10. The proposed rulemaking would amend 25 Pa. Code Chapter 129 (relating to standards for sources) to add requirements to reduce the emissions of volatile organic compounds (VOCs) from industrial cleaning solvents to meet the Clean Air Act ''reasonably available control measures'' requirement for ozone nonattainment areas. The proposal would add 25 Pa. Code § 129.79 (relating to control of VOC emissions from industrial cleaning solvents) to adopt emission limits and work practice standards for industrial cleaning solvents used in a variety of cleaning operations to remove contaminants like adhesives, inks, paint, dirt, soil, oil and grease from parts, products, tools, machinery, equipment, vessels, floors, walls and other work production related work areas for a variety of reasons including safety, operability and to avoid product contamination. Susan Hoyle
(717) 772-2329 shoyle@state.pa.usMiscellaneous
Metal and Plastic Parts Coatings
Air Pollution
Control Act
25 Pa. Code
Chapter 129FY 09-10. The proposed rulemaking would amend 25 Pa. Code Chapter 129 (relating to standards for sources) to add requirements, including emission limits and work practice standards, to reduce the emissions of volatile organic compounds (VOCs) from miscellaneous metal and plastic parts surface coating processes to meet the Clean Air Act ''reasonably available control measures'' requirement for ozone nonattainment areas. Susan Hoyle
(717) 772-2329 shoyle@state.pa.usAuto and Light-Duty Truck Assembly Coatings
Air Pollution
Control Act
25 Pa. Code
Chapter 129FY 09-10. The proposed rulemaking would amend 25 Pa. Code Chapter 129 (relating to standards for sources) to add requirements, including emission limits and work practice standards, to reduce the emissions of volatile organic compounds (VOCs) from auto and light-duty truck assembly surface coating processes to meet the Clean Air Act ''reasonably available control measures'' requirement for ozone nonattainment areas. Susan Hoyle
(717) 772-2329 shoyle@state.pa.usFiberglass Boat Manufacturing
Air Pollution
Control Act 25 Pa. Code
Chapter 129FY 09-10. The proposed rulemaking would amend 25 Pa. Code Chapter 129 (relating to standards for sources) to add requirements, including emission limits and work practice standards, to reduce the emissions of volatile organic compounds (VOCs) from fiberglass boat manufacturing processes to meet the Clean Air Act ''reasonably available control measures'' requirement for ozone nonattainment areas. Susan Hoyle
(717) 772-2329 shoyle@state.pa.usMiscellaneous Industrial Adhesives Air Pollution
Control Act
25 Pa. Code
Chapter 129FY 09-10. The proposed rulemaking would amend 25 Pa. Code Chapter 129 (relating to standards for sources) to add requirements, including emission limits and work practice standards, to reduce the emissions of volatile organic compounds (VOCs) from the use and application of miscellaneous industrial adhesives to meet the Clean Air Act ''reasonably available control measures'' requirement for ozone nonattainment areas. Susan Hoyle
(717) 772-2329 shoyle@state.pa.usMunicipal
and Residual
Waste Amendments Solid Waste Management Act and Waste Transportation Safety Act
25 Pa. Code
Chapters 271—285 and 287—299FY 09-10. 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. Steve Socash
(717) 787-7381 ssicash@state.pa.usBeneficial Use
of Coal Ash
Solid Waste Management Act Clean Streams Law Surface Mining and Reclamation Act Administrative
Code of 1929
25 Pa. Code
Chapters 287 and 290FY 09-10. This rulemaking adds a new definition and revises definitions in Chapter 287 and moves coal ash beneficial use provisions to a new chapter 290. Incorporates technical guidance provisions for use of coal ash at mine sites into regulations. Sets maximum leachate concentrations for coal ash, physical properties for use, storage requirements, water quality monitoring and assessment and abatement requirements and coal ash qualification (certification) standards and procedures. Steve Socash
(717) 787-7381 ssicash@state.pa.usMunicipal Waste Regulated Medical Amendments
Solid Waste Management Act
25 Pa. Code
Chapter 284FY 09-10. This rulemaking will amend the existing Chapter 284. This will include some definitions in Chapter 271 that will be added or amended. The term infectious waste will be replaced with the term ''regulated medical waste''. This terminology change will be a global change. Besides definitional changes, this proposal also includes changes to storage, transporter licensing, and manifesting requirements for regulated medical waste. Steve Socash
(717) 787-7381 ssicash@state.pa.usResidual Waste Generator Amendments
Solid Waste Management Act and Waste Transportation Safety Act
25 Pa. Code
Chapter 287FY 09-10. These proposed revisions streamline and update biennial reporting requirements, reduce the number of generators subject to biennial reporting and annual chemical analyses requirements, and eliminate submission of annual chemical analyses. The requirement for source reduction strategies is proposed for elimination. Steve Socash
(717) 787-7381 ssicash@state.pa.usHazardous Waste Delisting
Solid Waste Management Act and section 1920-A of
The Administrative Code of 1929
25 Pa. Code
Chapter 261aFY 09-10. The rulemaking modifies an existing hazardous waste delisting previously granted to Geological Reclamation Operations and Waste Systems, Inc. (GROWS), whose successor by merger, Waste Management Disposal Services of Pennsylvania, Inc. (WMDSPA), petitioned the Board to amend Chapter 261a of PA's Hazardous Waste Regulations in order to increase the annual volume of filter cake that it may dispose of in a Subtitle D landfill from 2,000 cubic yards to 4,000 cubic yards. Dwayne Womer
(717) 787-6239 dwomer@state.pa.usRadiological Health 25 Pa. Code
Chapters 215—240FY 09-10. This rulemaking will amend 25 Pa. Code Chapters 215—240 to incorporate by reference Federal regulations pertaining to the security of certain radioactive material. Joe Melnic
(717) 783-9730 jmelnic@state.pa.usRadiological Health 25 Pa. Code
Chapter 240FY 09-10. This rulemaking will include clarifications to the Radon Regulations as a result of a 2009 EHB decision. Mike Pyles
(717) 783-3594 mpyles@state.pa.usRadiological Health 25 Pa. Code
Chapters 215—240FY 09-10. This rulemaking will include amendments to address new x-ray technology that is not addressed in current regulations. Joe Melnic
(717) 783-9730 jmelnic@state.pa.usAdministration of
the Land Recycling Program (Act 2)
Land Recycling and Environmental Remediation Standards Act
25 Pa. Code
Chapter 250FY 09-10. 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.usAdministration
of the Uniform Environmental Covenant Act Uniform Environmental Covenant Act
25 Pa. Code
Chapter 253FY 09-10. This rulemaking will establish regulations for the implementation of the Uniform Environmental Covenant Act. Troy Conrad
(717) 783-9480 tconrad@state.pa.us
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