NOTICES
GOVERNOR'S OFFICE
Regulatory Agenda
[42 Pa.B. 879]
[Saturday, February 11, 2012]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 32nd publication of the Administration's regulatory agenda, grouped by agency. Subsequent agendas will be published on the first Saturdays in February and July.
The agendas are compiled to provide members of the regulated community advanced notice of regulatory activity. It is the intention of the Administration that these agendas will serve to increase public participation in the regulatory process.
Agency contacts should be contacted for more information regarding the regulation and the procedure for submitting comments.
This Agenda represents the Administration's present intentions regarding future regulations. The nature and complexity of an individual regulation obviously will determine whether and when any particular regulation listed below (as well as any considered subsequent to publication of this Agenda) is published.
Regulation Being 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 Adults December 2012, as proposed. The Older Adults Protective Services Act is under review in light of current interest in enhancing protections for vulnerable Pennsylvanians, 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) and numerous technical and administrative provisions that need to be revised. Regulations are routinely being reviewed as numerous pieces of pending legislation are being considered in addition to this omnibus proposal. Denise Getgen
(717) 772-0184PA Code Title VI Chapter 23 Long-Term Care Ombudsman Program June 2012, 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. Bob McNamara
(717) 772-3688AGRICULTURE
Domestic Animal
7 Pa. Code
Chapter 2, 3, and 16December 2012, 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 2012, 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 2012, 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). Craig E. Shultz, DVM, Director
(717) 772-2852Biofuels
70 Pa. Code
Chapter 11October 2012, as proposed. Act 78 of 2008 (the Biofuel Development and In-State Production Incentive Act) is currently being amended by the legislature. The Department has proposed regulations ready for submission but, will wait to see the final version of the amended Act. Walt Remmert
(717) 787-6772Weights and Measures Regulations 70 Pa. Code
Chapters 1—101July 2012, 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—190July 2012, 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. Jorge Augusto
(717) 787-8744Horse Racing Commission
58 Pa. Code
Chapters 161, 163, 165, 167, 169, 171 and 173July 2012, 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. Jorge Augusto
(717) 772-5215Commercial
Feed Rules and Regulations
7 Pa. Code
Chapter 71July 2012, as proposed. This regulation will replace 7 Pa. Code Chapter 71 and implement provisions of 3 Pa.C.S. §§ 5101—5115 (Commercial Feed Act) Erin Bubb
(717) 772-5215Pet Food Rules
and Regulations
7 Pa. Code
Chapter 72July 2012, as proposed. This regulation will replace 7 Pa. Code Chapter 72 and implement provisions of 3 Pa.C.S. §§ 5101—5115 (Commercial Feed Act) Erin Bubb
(717) 772-5215Clean and Green Regulations
7 Pa. Code
Chapter 137bJune 2012, as proposed. This regulation will address statutory changes made by Act 235 of 2004, Act 88 of 2010 and Act 109 of 2010 and will otherwise update the current regulations. Douglas Wolfgang
(717) 783-3167Agricultural Conservation Easement Purchase Program Regulations 7 Pa. Code
Chapter 138eJune 2012, 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 46April 2012, as proposed. This regulation will amend 7 Pa. Code Chapter 46 to make this Chapter consistent with the Retail Food Facility Safety Act and the Food Safety Act. Lydia Johnson
(717) 787-4315BANKING Annual Assessment Regulation Late 2012, still in formulation Required pursuant to 17 Pa.C.S. § 503(a) and 71 P. S. § 733-204.A. Carter D. Frantz
Chief CounselRegulation governing continuing education under the Debt Management Services Act. Early 2012, As proposed Required pursuant to 63 P. S. § 2409. Carter D. Frantz
Chief CounselBOARD OF PARDONS
No regulations being developed or considered at this date. COMMUNITY & ECONOMIC DEVELOPMENT
No regulations being developed or considered at this date. COMMISSION ON CRIME AND DELINQUENCY 37 Pa. Code
Chapter 431 Constables' Education and Training BoardApril 2012, as Final 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. The proposed rulemaking also eliminates the 10mm caliber firearm from the firearms training course. Recent statutory changes have necessitated updates to the regulations. John Pfau
(717) 265-8546CONSERVATION & NATURAL RESOURCES State Forests (Chapter 21) March 2012, Publish proposed rulemaking 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)March 2012, Publish proposed rulemaking 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 & 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)April 2012, Publish proposed rulemaking Major purpose of rulemaking is to update the lists of native wild plants within the classifications and change the beginning date of the ginseng harvest season from Aug. 1 to Sept. 1. 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). Ellen Shultzabarger
(717) 214-3813
Susan Wood, Esq.
(717) 772-4171CORRECTIONS
Revisions to
37 Pa. Code
Chapter 93July 2012, as proposed The Motivational Boot Camp regulations are being revised to eliminate unnecessary staffing provisions. Timothy Holmes
(717) 731-0444Amendments to
37 Pa. Code § 94.2August 2012, as proposed The inmate correspondence regulations will be revised to clarify definitions and procedures for incoming inmate mail Randall N. Sears
(717) 728-7763Amendments to
37 Pa. Code § 94.4July 2012, as Proposed The Amendment will restrict the ability of individuals to purchase items from outside the institution for inmates. Randall N. Sears
(717) 728-7763EDUCATION
Standards for Approved Private Schools
22 Pa. Code
Chapter 171 Subchapter CFall 2012, 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, PL 30, No. 14, March 16, 1949, P. S. §§ 1-101, et. seq. John Tommasini
(717) 783-6134State Board of Education
22 Pa. Code
Chapter 10February 2012, as final omitted As directed by Act 104 of 2010, the State Board of Education will promulgate new regulations that set forth a model memorandum of understanding between school entities and local police departments; establish protocol for notifying police when certain offenses occur on school property; establish protocol for emergency and non-emergency response by the police; and establish procedures and protocols for the response and handling of students with disabilities. Karen Molchanow
(717) 787-3787State Board of Private Licensed Schools
22 Pa. Code
Chapter 73Spring 2012, as proposed. These regulations define the requirements for obtaining licensure or registration and for operating as a Private Licensed School. The regulations also define the investigatory and hearing process for enforcement of statutory and regulatory requirements. The Board plans to update the regulations which were promulgated in 1988 to reflect inflation and to address certain issues that have arisen during that time. The regulations are promulgated under the authority of the Private Licensed Schools Act (24 P. S. §§ 6501, et. seq.) Patricia Landis
(717) 783-8228State Board
of Education
22 Pa. Code
Chapter 4September 2012, as proposed. These regulations establish rigorous academic standards and assessments to facilitate the improvement of student achievement and to provide parents and communities a measure by which school performance can be determined. The regulations are promulgated under the authority of the Public School Code of 1949, 24 P. S. §§ 26-2603-B and 2604-B. Karen Molchanow
(717) 787-3787EMERGENCY MANAGEMENT AGENCY
Chapter 113. Volunteer Fire Company,
Ambulance Service, and Rescue Squad Assistance
Chapter 114 Volunteer Fire Company and Volunteer Ambulance Service GrantJune 2012, as proposed 35 Pa.C.S. 7385 (c)—The Volunteer Loan Assistance Program regulations found in 4 Pa. Code Ch. 113 (relating to volunteer fire company, ambulance service and rescue squad assistance) are hereby transferred to the commissioner from the agency. The commissioner shall fully implement and administer those regulations on or before January 12, 1996. The commissioner may be substituted for the agency throughout the regulations and the regulations may be renumbered and published in the Pennsylvania Bulletin as final regulations without those regulatory changes being subject to the provisions of the act of June 25, 1982 (P. L. 633, No. 181), known as the regulatory review act. Vince Hudock
(717) 651-2728ENVIRONMENTAL HEARING BOARD
PA Code Title 25 Chapter 1021 Practice and Procedure The Environmental Hearing Board intends to propose corrections to existing rules in 2012. The Environmental Hearing Board intends to correct an omission in the language of 25 Pa. Code § 1021.51 which was amended in 2009, and eliminate its rules pertaining to the Costs Act which has expired. Maryanne Wesdock (412) 565-5245 ENVIRONMENTAL PROTECTION
Noncoal Program Noncoal Surface Mining Conservation and Reclamation Act 25 Pa. Code
Chapter 77.Fall 2012, as proposed This rulemaking includes revisions to Chapter 77 (Noncoal Mining) that govern the licensing of mine operators and permitting of mines of minerals other than coal. Specific areas for revision include clarification of permit application requirements including hydrologic data requirements. Bill Allen
(717) 783-9580 wallen@pa.govWater Supply Replacement Surface Mining Conservation and Reclamation Act 25 Pa. Code
Chapters 87 and 88Summer 2012, as proposed This rulemaking includes 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. Greg Shuler
(717) 783-1199 gshuler@pa.govRemining Requirements (Subchapters F and
G Revisions)
Surface Mining Conservation and Reclamation Act,
25 Pa Code
Chapters 86 and 88Summer 2012, as proposed The rulemaking includes amendments to remining requirements in Chapters 86 and 88 (Subchapters F and G) in order to reflect changes enacted in EPA regulations. Keith Brady
(717) 787-4814 kbrady@pa.govFederal Office of Surface Mining (OSM) Program Consistency Updates Surface Mining Conservation and Reclamation Act,
25 Pa. Codes Chapters 86, 89,
and 90Summer 2012, as proposed The regulatory package will include amendments to clarify the definition of ''mining activities'' in Chapter 86 effluent limits for passive treatment systems to comply with Federal regulations; and updates to Chapter 90 coal refuse site selection regulations to comply with the revised Coal Refuse Disposal Control Act. Bill Allen
(717) 783-9580 wallen@pa.govNoncoal Mining Fees Noncoal Surface Mining Conservations & Reclamation Act
25 Pa Code
Chapter 77Summer 2012, as final The rulemaking includes amendments to 25 Pa Code Chapter 77 in order to implement fees to support the Noncoal Mining Program. Bill Allen
(717) 783-9580 wallen@pa.govCoal Mining
Permit Fees
Surface Mining Conservation and Reclamation Act,
25 Pa. Code
Chapter 86Summer 2012, as final The rulemaking increases permit application fees to support program activities. Bill Allen
(717) 783-9580 wallen@pa.govAreas Unsuitable
for Surface Mining Surface Mining Conservation and Reclamation Act, 2
5 Pa. Code
Chapter 86Fall 2012, as proposed The rulemaking includes amendments to Chapter 86 to designate coal seams within Big Run watershed, Graham Township, Clearfield County, as unsuitable for surface mining operations. The regulations results from a petition submitted to the Environmental Quality Board by Graham Township Supervisors, which requested that the Big Run drainage be designated as unsuitable for surface mining operations. Geoff Lincoln
(717) 783-9582 glincoln@pa.govHandling and Use
of Explosives
Explosives Act
of 1937; The Administrative
Code of 1929; Reorganization Plan No. 2 of 1975; Reorganization Plan No. 8 of 1981;
Surface Mining Conservation and Reclamation Act; and Noncoal Surface Mining Conservation and Reclamation Act 25 Pa. Code
Chapter 211Spring 2012, as proposed The rulemaking will revise current explosive regulations to address blasting activities relating to seismic exploration. The rulemaking will also update explosives use requirements, enforcement authority and eliminate antiquated requirements. Rick Lamkie
(814) 472-1885 rlamkie@pa.govOil & Gas Well Program
Oil and Gas Act
25 Pa. Code
Chapter 78 Subchapter CWinter 2012, as proposed This rulemaking includes revisions to Chapter 78 (Oil and Gas) subchapter C, regulating all surface activities associated with Oil and Gas exploration and development, including; changes to PPC planning, production fluid control, storage, disposal and containment in pits/tanks, liner standards for centralized impoundments, disposal of drill cuttings and residual wastes, secondary containment, site restoration, pipelines, water management plans, reporting releases and road spreading of brine. Scott Perry
(717) 772-2199 scperry@pa.govOil & Gas Well Program
Oil and Gas Act
25 Pa. Code
Chapter 78 Subchapter DFall 2012, as proposed The rulemaking includes revisions to Chapter 78 (Oil and Gas) Subchapter D, regulating the drilling, casing, cementing, completion, operation, production, plugging and other subsurface activities associated with Oil and Gas exploration and development, including revisions to well plugging procedures, venting, alternative methods, and to address the plugging of unconventional wellbore laterals and coal bed methane wells. Scott Perry
(717) 772-2199 scperry@pa.govUnderground Coal Mine Safety Automated External Defibrillators Bituminous Coal Mine Safety Act
25 Pa Code
Chapter 208Spring 2012, as final The rulemaking establishes safety standards relating to Automated External Defibrillators in underground bituminous coal mines. Joseph Sbaffoni
(724) 439-7469 jsbaffoni@pa.govUnderground Coal Mine Safety Bituminous Coal Mine Safety Act
25 Pa Code
Chapter 208Spring 2012, as proposed This rulemaking adopts by reference, with certain modifications, the MSHA regulations (30 CFR Part 75) for a high voltage continuous mining machine standard for underground bituminous coal mines. Joseph Sbaffoni
(724) 439-7469 jsbaffoni@pa.govUnderground Coal Mine High Voltage Continuous Mining Machine Standards for Underground Coal Mines Bituminous Coal Mine Safety Act 25 Pa. Code
Chapter 208Fall 2012, as proposed This rulemaking adopts by reference, with certain modifications, the MSHA regulations (30 CFR Part 75) for a high voltage continuous mining machine standard for underground bituminous coal mines. Joseph Sbaffoni
(724) 439-7469 jsbaffoni@pa.govUnderground Coal Mine Safety Maintenance of Incombustible Content of Rock Dust in Underground Coal Mines Bituminous Coal Mine Safety Act 25 Pa. Code
Chapter 208Fall 2012, as proposed This rulemaking adopts by reference, with certain modifications, the MSHA regulations (30 CFR Part 75) for maintenance of incombustible content of rock dust in underground bituminous coal mines. Joseph Sbaffoni
(724) 439-7469 jsbaffoni@pa.govWater Quality Standards Review Clean Streams Law
25 Pa. Code
Chapters 93 and 16Winter 2012, as proposed The proposed rulemaking will include revisions to the Commonwealth's water quality criteria and standards in Chapters 93 and 16 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 tbarron@pa.govDam Safety
and Waterways Management
Fees Dam Safety
and Encroachments Act and Clean Streams Law
25 Pa. Code
Chapter 105Winter 2012, as proposed The purpose of this proposed rulemaking package is to amend existing regulations at 25 Pa. Code, Chapter 105 to update existing fees and include additional fees for activities performed by the Department. The fees have not been increased since 1991. Sidney Freyemuth
(717) 772-5977 sfreyermut@pa.govHEDD- High Electric Demand Days Air Pollution Control Act 25 Pa. Code
Chapters 121 and 129Fall 2012, as proposed The proposed rulemaking would amend 25 Pa Code Chapter 129 to limit emissions of nitrogen oxides (NOx) from electric generating units (EGUs) and emergency generator sets used during non-emergency periods that operate less than 1200 hours per Ozone Season and generate electricity during periods of peak electric demand, including high electric demand days (HEDD), which frequently coincide with periods of high ground-level ozone concentrations. Amendments to § 121.1 (relating to definitions) would also be made to support the proposed amendments to Chapter 129. Susan Hoyle
(717) 772-2329 shoyle@pa.govSulfur Limits in Commercial
Fuel Oil Air Pollution Control Act
25 Pa Code
Chapters 121 and 123Summer 2012, as final The final rulemaking amends 25 Pa. Code § 123.22 (relating to combustion units) to lower the maximum allowed percent sulfur content in commercial fuel oil sold for and used in combustion until in this Commonwealth, to further limit the emissions of sulfur dioxide (SO2) from these sources. Amendments to § 121.1 (relating to definitions) will also be made to support the final amendments to § 123.22. The final rulemaking will ensure consistency with the State Implementation Plan revision submitted by Pennsylvania to meet reasonable progress goals for reducing regional haze. Susan Hoyle
(717) 772-2329 shoyle@pa.govFlexible Packaging Printing Presses
and Offset Lithographic and Letterpress
Printing Presses Air Pollution Control Act 25 Pa. Code
Chapter 121 and 129Summer 2012, as proposed 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 flexible packaging printing presses and offset lithographic printing and letterpress printing presses to meet the Clean Air's Act's ''reasonably available control measures'' requirement for ozone nonattainment areas. The proposal would amend §§ 129.51 and 129.67 (relating to general; and graphic arts systems) and add §§ 129.67a and 129.67b (relating to control of VOC emissions from flexible packaging printing presses; and control of VOC emissions from offset lithographic printing presses and letterpress printing presses). Amendments to § 121.1 (relating to definitions) would also be made to support the proposed amendments to Chapter 129. Susan Hoyle
(717) 772-2329 shoyle@pa.govRepeal of Employer Trip Reduction Air Pollution Control Act 25 Pa. Code
Chapter 126, Subchapter BWinter 2012, as final-omitted This final omitted-rulemaking would repeal the employer trip reduction (ETR) regulations in Chapter 126, Subchapter B (relating to employer trip reduction). The ETR program was originally mandated by the 1990 Amendments of the Clean Air Act. In 1994, the PA General Assembly enacted Act 95 of 1994 suspending the implementation and enforcement of the program because of disproportionate economic costs. Congress has since enacted legislation authorizing states to implement alternative programs. Susan Hoyle
(717) 772-2329 shoyle@pa.govRepeal of Portable Fuel Containers Air Pollution Control Act 25 Pa. Code
Chapter 130, Subchapter AWinter 2012, as final-omitted This final-omitted rulemaking would repeal the portable fuel container (PFC) regulations in Chapter 130, Subchapter A (relating to portable fuel containers). This regulation was promulgated at 32 Pa.B. 4819 (October 5, 2002). The United States Environmental Protection Agency subsequently adopted more stringent measures in February 2007 rendering this regulation unnecessary. Susan Hoyle
(717) 772-2329 shoyle@pa.govRepeal of St. Joe Resources Company Air Pollution
Control Act
25 Pa. § 128.21Winter 2012, as final-omitted This final-omitted rulemaking would repeal the alternative compliance standard found at § 128.21 (relating to St. Joe Resources Company; Potter Township, Beaver County, Pennsylvania) Section 128.21 was promulgated at 16 Pa.B. 521 (February 22, 1986). The alternative compliance standard has been superseded by Federally enforceable permit conditions. The standard in § 128.21 is no longer applicable. Susan Hoyle
(717) 772-2329 shoyle@pa.govEmissions of Particulate Matter Air Pollution
Control Act
25 Pa. § 139.12Spring 2012, as proposed The proposed rulemaking would amend 25 Pa. Code § 139.12 (relating to emissions of particulate matter) to reflect changes in Federal test method requirements. The Environmental Quality Board amended § 139.12 at 27 Pa.B. 6804 (December 27, 1997) to require source testing only for filterable particulate matter. The United States Environmental Protection Agency has revised the source of test method (Method 202) to require the testing of both filterable and condensable particulate matter for purposes of emission inventories and new source review applicability determinations. Other clarifying amendments to Chapter 139 (relating to sampling and testing) would also be proposed for timeliness of reporting requirements. Susan Hoyle
(717) 772-2329 shoyle@pa.govAmendments for the Control of Major Sources of NOx and VOCs Air Pollution Control Act
25 Pa. Code
Chapter 129Summer 2012, as proposed The proposed rulemaking would amend the Reasonably Available Control Technology Requirements for major NOx- and VOC-emitting stationary sources; the proposal would not apply to major VOC-emitting facilities subject to Federal Control Technique Guidelines adopted by the Board as final rulemakings. Susan Hoyle
(717) 772-2329 shoyle@pa.govTransport Rule NOx and SO2 Trading Programs Air Pollution Control Act 25 Pa Code
Chapter 145Spring 2012, as proposed The proposed rulemaking would add a Subchapter E to Chapter 145 to establish the Commonwealth's allowance allocation provisions for the Environmental Protection Agency (EPA) Transport Rule (TR) nitrogen oxides (NOx) Annual Trading Program, TR NOx Ozone Season Trading Program and TR Sulfur dioxides (SO2) Group 1 Trading Program as a means of mitigating the interstate transport of fine particulates and ozone, and their precursors, NOx and SO2. The TR identifies emission reduction responsibilities of upwind states, and also promulgates enforceable Federal Implementation Plans (FIPs) to achieve the required emission reductions in each state through cost effective and flexible requirements for power plants. Each state has the option of replacing FIPs with State rules approved as part of the State Implementation Plan (SIP). States are only allowed to change the methodology by which responsibility for achieving the required emissions reductions is allocated among subject units. The proposed rulemaking would affect fossil fuel fired electric generating units (EGUs) with a rated capacity of greater than 25 megawatts and subject to the applicability provisions of the TR in 40 CFR 97.404, 97.504, and 97.604. If adopted as a final-form regulation, the amendments will be submitted to the EPA as a revision to the SIP. Susan Hoyle
(717) 772-2329 shoyle@pa.govAir Quality Plan Approval and Operating Permit Fees Air Pollution Control Act
25 Pa. Code
Chapters 127 and 139Spring 2012, as proposed The proposed rulemaking would: amend existing requirements and fees codified in 25 Pa. Code Chapter 127, Subchapter I (relating to plan approval and operating permit fees); 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; add a new section to address fees for risk assessment applications; amend the existing emission fee paid by the owner or operator of a Title V facility; and add Subchapter D (relating to testing, auditing and monitoring fees) to Chapter 139 (relating to sampling and testing) 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) 783-9664 dvanorden@pa.govControl of VOC Emissions from Miscellaneous Metal Parts and Plastic Parts Surface Coating Processes, Automobile and Light-duty Truck Assembly Surface Coating Processes and Fiberglass Boat Manufacturing Processes, and Amendments to Mobile Equipment Repair and Refinishing Air Pollution Control Act 25 Pa. Code
Chapters 121 and 129Summer 2012, as proposed The proposed rulemaking would amend the existing surface coating regulations under 25 Pa. Code Chapter 129 (relating to standard for sources) to further replace the emissions of volatile organic compounds (VOCs) from miscellaneous metal parts and plastic parts surface coating processes, automobile and light-duty truck assembly surface coating processes and fiberglass boat manufacturing processes to meet the Clean Air Act (CAA) ''reasonably available control measures'' including ''reasonably available control technology'' (RACT), requirements for ozone nonattainment areas. The proposed rulemaking would amend the existing surface coating regulations in 25 Pa. Code § 129.75 (relating to mobile equipment repair and refinishing) to coordinate emission limits and work practice requirements of the CAA RACT for automobiles and light-duty trucks and the Ozone Transport Commission model rule requirements for motor vehicle and mobile equipment non-assembly line coating operations. Amendments to 25 Pa. Code § 121.1 (relating to definitions) would also be proposed to support amendments to Chapter 129. Susan Hoyle
(717) 772-2329 shoyle@pa.govControl of VOC Emissions from Industrial Cleaning Solvent Operations Air Pollution
Control Act
25 Pa. Code
Chapters 121 and 129Summer 2012, as proposed 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 industrial cleaning solvent operating to meet the Clean Air Act (CAA) ''reasonably available control measures'' including ''reasonably available control technology'' (RACT), requirements for ozone nonattainment areas. The proposal would add 25 Pa. Code § 129.63a (relating to control of VOC emissions from industrial cleaning solvent operations) to adopt emission limits and work practice standards. The emission limits and work practice standards would be consistent with the recommendations of the United States Environmental Protection Agency (EPA) included in the corresponding industrial cleaning solvent Control Techniques Guidance (CTG). The EPA recommends applying the control recommendations to operations that emit at least 15 pounds per day (lb/day) of Voc prior to controls, which is consistent with the threshold level contained in many previous CTGs. Susan Hoyle
(717) 772-2329 shoyle@pa.govMunicipal Waste regulated Medical Amendments Solid Waste Management Act
25 Pa. Code
Chapter 284Spring 2012, as proposed 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. In addition to definitional changes, this proposal also includes changes to storage, transporter licensing, and manifesting requirements for regulated medical waste. Steve Socash
(717) 787-7381 ssocash@pa.govResidual Waste Generator Amendments Solid Waste Management Act and Waste Transportation
Safety Act
25 Pa. Code
Chapter 287Fall 2012, as proposed There proposed revisions streamlined 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 ssocash@pa.govRadiological Health 25 Pa Code
Chapters 215—240Fall 2012, as proposed This rulemaking will amend Pa Code Chapters 215—240 in order to incorporate by reference Federal regulations pertaining to the security of certain radioactive material; to address new x-ray technology that is not addressed in current regulations; and to include radon revisions that are not addressed in current regulations. Joe Melnic
(717) 783-9730 jmelnic@pa.gov
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