NOTICES

GOVERNOR'S OFFICE

Regulatory Agenda

[43 Pa.B. 755]
[Saturday, February 2, 2013]

 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. 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 Promulgation	Need and Legal Basis for Action	Agency Contact
ADMINISTRATION
No regulations being developed or considered at this time.
AGING
No regulations being developed or considered at this time.
AGRICULTURE
Domestic Animal 7 Pa. Code Chapters 2, 3, 16, 18 and 20a	December 2013, 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) 772-2852
Biofuels 70 Pa.  Code Chapter 11	June 2013, as proposed.	This will establish regulations required under the Biofuel Development and In-State Production Incentive Act.	Walt Remmert (717) 787-6772
Weights and Measures Regulations 70 Pa. Code Chapters 1 through 101	March 2013, 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) 787-6772
Commercial Feed Rules and Regulations 7 Pa. Code Chapter 71	October 2013, 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) 772-5215
Pet Food Rules and Regulations 7 Pa. Code Chapter 72	October 2013, 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) 772-5215
Fertilizer Regulations 7 Pa. Code Chapter 73	September 2013, as proposed.	This regulation will replace 7 Pa. Code Chapter 73 and implement provisions of 3 Pa.C.S. §§ 6701—6725 (Fertilizer Act).	Erin Bubb (717) 772-5215
Soil and Plant Amendment Regulations 7 Pa. Code Chapter 130a	September 2013, 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).	Erin Bubb (717) 772-5215
Clean and Green Regulations 7 Pa. Code Chapter 137b	March 2013, as final.	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) 783-3167
Agriculture Conservation Easement Purchase Program Regulations 7 Pa. Code Chapter 138e	December 2013, 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) 783-3167
PA Food Code 7 Pa. Code Chapter 46	February 2013, as final.	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) 787-4315
Pennsylvania Preferred Program Regulations	February 2013, as proposed.	This regulation will establish standards required under the Pennsylvania Preferred Act (3 Pa.C.S. §§ 4601—4611).	Frank Jurbala (717) 783-8462
BANKING & SECURITIES
Annual Assessment Regulation	Late 2013	Required pursuant to 17 Pa.C.S. § 503(a) and 71 P. S. § 733-204.A.	Carter D. Frantz Chief Counsel (717) 787-1471
Regulation governing continuing education under the Debt Management Services Act.	Late 2013	Required pursuant to 63 P. S. § 2409(c).	Carter D. Frantz Chief Counsel (717) 787-1471
Merger-related amendatory regulations under the Pennsylvania Securities Act of 1972	Late 2013	Required pursuant to 70 P. S. § 1-609	Carter D. Frantz Chief Counsel (717) 787-1471
BOARD OF PARDONS
No regulations being developed or considered at this date.
COMMUNITY & ECONOMIC DEVELOPMENT
Title 12 of the Pennsylvania Code, Chapter 149	June, 2013	The Manufactured Housing Improvement Act as amended on May 8, 2012 requires the Department to promulgate regulations to establish an installation and construction (habitability) standard for manufactured homes previously installed and are now being relocated to a site in the Commonwealth (relocated/used manufactured homes). Currently there are no clear standards for the manufactured housing industry or local code officials to follow for proper handling of these relocated manufactured homes. This regulation will enable the department to develop and publish these standards or guides.	Mark Conte (717) 720-7416
COMMISSION ON CRIME AND DELINQUENCY
37 Pa. Code Chapter 431 Constables' Education and Training Board	March 2012	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) 265-8546
CONSERVATION & NATURAL RESOURCES
State Forests (Chapter 21)	Publish proposed rulemaking July 2013	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 and 1340.502)	Matt Beaver (717) 783-0379 Wendy Carson, Esq. (717) 772-4171
State Forest Picnic Areas (Chapter 23)	Publish proposed rulemaking July 2013	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 and 1340.502)	Matt Beaver (717) 783-0379 Wendy Carson, Esq. (717) 772-4171
Conservation of Pennsylvania Native Wild Plants (Chapter 45)	Publish proposed rulemaking February 2013	Purpose of rulemaking is to 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) 214-3818 Wendy Carson, Esq. (717) 772-4171
CORRECTIONS
Revisions to 37 Pa. Code § 91.3	September 2013, as proposed	The county reception regulations are being revised to be consistent with statutory law mandating that certain documentation be presented by the counties before inmate reception can occur.	Randall N. Sears (717) 728-7763
Revisions to 37 Pa. Code § 93.2	September 2013, as proposed	The inmate correspondence regulations are being revised for clarification and to more accurately comport with current standards.	Randall N. Sears (717) 728-7763
Revisions to 37 Pa. Code §§ 93.301—93.308	September 2013, as Proposed	The Motivational Boot Camp regulations are being revised to reduce costs by eliminating unnecessary mandates.	Jamie Boyd (717) 728-7761
Revisions to 37 Pa. Code Chapter 94	September 2013, as proposed	The prerelease regulations are being repealed to be consistent with Act 122 of 2012.	Joseph Fulginiti (717) 728-7761
Revisions to 37 Pa. Code Chapter 96(a)	September 2013, as proposed	The temporary transfers of regulations are being revised to require the counties to pay reasonable transportation costs for inmates transferred pursuant to court appearances.	Julie Tilghman (717) 728-7761
EDUCATION
Standards for Approved Private Schools 22 Pa. Code Chapter 171 Subchapter C	Spring 2013, 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. §§ 1-101, et. seq.	John Tommasini (717) 783-6134
State Board of Private Licensed Schools 22 Pa. Code Chapter 73	Spring 2013, as final.	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) 783-8228
State Board of Education 22 Pa. Code Chapter 4	Spring 2013, as final.	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) 787-3787
Regulations of the State Board of Private Academic Schools 22 Pa. Code Chapters 51, 53, 55, 57, 61 and 63	Spring 2014, 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. §§ 6701 et. seq.).	Robert Staver (717) 783-6583
State Board of Education 22 Pa. Code Chapter 31	January 2013, as final-omitted	This regulation conforms a provision of Chapter 31 pertinent to specialized associate degree programs with language used in regulations and policy documents of the Pennsylvania Higher Education Assistance Agency and the State Board of Private Licensed Schools to clarify that such programs may be measured in clock hours or credit hours. The regulation is promulgated under the authority of the Public School Code of 1949, 24 P. S. §§ 26-2603-B and 26-2604-B.	Karen Molchanow (717) 787-3787
State Board of Education 22 Pa. Code Chapter 18	January 2013, as proposed	These regulations address criteria the Secretary of Education may consider in determining whether to designate a school district in financial recovery status and in determining whether a district is in moderate or severe recovery status. The regulations are promulgated under the authority of the Public School Code of 1949, 24 P. S. § 621-A(A)(2)(I).	Karen Molchanow (717) 787-3787
Standards for Approved Private Schools 22 Pa. Code Chapter 171 Subchapter A	Summer 2013, as proposed.	These standards define the elements of Approved Private Schools and the Chartered Schools (schools for the deaf and blind). This subchapter contains general provisions, which the Department seeks to update to conform to intervening changes in applicable law. 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. §§ 1-101, et. seq.	John Tommasini (717) 783-6134
Regulations of the State Library and Advisory Council on Library Development 22 Pa. Code, Chapters 127, 131, 133, 135 and 141—143	Spring 2013, as proposed.	The Department will be promulgating regulations under the Authority of the Library Code of 2012, Act 210 of 2012, P. N. 2411. The Department plans to update the regulations (promulgated in 1962) in 2013. These regulations will address the use of the State Library, the Advisory Council on Library Development, general provisions and plans for the use of State Aid, certification of library personnel, grants for public library facilities and State document depositories.	Stacey Aldrich (717) 783-2466
EMERGENCY MANAGEMENT AGENCY
No regulations being developed or considered at this time.
ENVIRONMENTAL HEARING BOARD
25 Pa. Code Chapter 1021 Practice and Procedure	The Environmental Hearing Board intends to submit proposed rulemaking in the first quarter of 2013.	The Environmental Hearing Board intends to propose the following revisions to its rules of practice and procedure: 1) correct an omission in the language of 25 Pa. Code § 1021.51 which was amended in 2009, 2) eliminate its rules pertaining to the Costs Act which has expired, 3) adopt rules to implement mandatory electronic filing, and 4) clarify the types of responses that may be filed to a dispositive motion.	Maryanne Wesdock Senior Counsel (412) 565-5245
ENVIRONMENTAL PROTECTION
Noncoal Program Noncoal Surface Mining Conservation and Reclamation Act 25 Pa. Code Chapter 77	Fall 2013, as proposed	This rulemaking includes 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@pa.gov
Water Supply Replacement Surface Mining Conservation and Reclamation Act 25 Pa. Code Chapters 87 and 88	Summer 2013, as proposed	The 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.	Bill Allen (717) 783-9580 wallen@pa.gov
Remining Requirements (Subchapters F and G Revisions) Surface Mining Conservation and Reclamation Act, 25 Pa. Code Chapters 86 and 88	Summer 2013, 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.	Bill Allen (717) 783-9580 wallen@pa.gov
Federal Office of Surface Mining (OSM) Program Consistency Updates Surface Mining Conservation and Reclamation Act, 25 Pa. Code Chapters 86, 89 and 90	Summer 2013, as proposed	The regulatory package will include amendments to clarify the definition of ''mining activities'' in Chapter 86 in order to comply with Federal regulatory requirements; revisions to Chapter 89 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.gov
Areas Unsuitable for Surface Mining Surface Mining Conservation and Reclamation Act 25 Pa. Code Chapter 86	Summer 2013, 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 regulation results from a petition submitted to the EQB by the 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.gov
Financial Guarantees Acts 95 and 157 of 2012 25 Pa. Code Chapter 86	Summer 2013, as proposed	This rulemaking will implement Act 95 and 157 which provide for an incentive for reclamation of mine sites with bioenergy crops and establish the Land Reclamation Financial Guarantee Program, respectively.	Bill Allen (717) 783-9580 wallen@pa.gov
Handling 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 211	Fall 2013, 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.gov
Oil and Gas Well Program Oil and Gas Act 25 Pa. Code Chapter 78 Subchapter C	Winter 2013, as proposed	The rulemaking includes revisions to Chapter 78 (Oil and Gas Wells) 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.	Shamus Malone (717) 783-9643 smalone@pa.gov
Oil & Gas Well Program Oil and Gas Act 25 Pa. Code Chapter 78 Subchapter D	Fall 2013, as proposed	The rulemaking includes revisions to Chapter 78 (Oil and Gas Wells) 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.	Kurt Klapkowski (717) 772-2199 kklapkowsk@pa.gov
Oil & Gas Well Program Oil and Gas Act 25 Pa. Code Chapter 78 Subchapter B	Winter 2013, as proposed	The rulemaking includes revisions to Chapter 78 (Oil and Gas Wells), Subchapter B, to increase well permit fees for wells that produce gas from nonconventional formations.	Scott Perry (717) 783-9438 scperry@pa.gov
Underground Coal Mine Safety Surface Regulations Bituminous Coal Mine Safety Act 25 Pa. Code Chapter 208	Spring 2013, as proposed	The rulemaking adopts by reference, with certain modifications, the MSHA regulations (30 CFR Part 77) for surface areas of underground bituminous coal mines.	Joseph Sbaffoni (724) 439-7469 jsbaffoni@pa.gov
Underground Coal Mine Safety High Voltage Continuous Mining Machine Standards for Underground Coal Mines Bituminous Coal Mine Safety Act 25 Pa. Code Chapter 208	Summer 2013, 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.gov
Underground Coal Mine Safety Maintenance of Incombustible Content of Rock Dust in Underground Coal Mines Bituminous Coal Mine Safety Act 25 Pa. Code Chapter 208	Spring 2013, 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.gov
Water Quality Standards Triennial Review Clean Streams Law 25 Pa. Code Chapter 93	Spring 2013, as final	This rulemaking will include revisions to the Commonwealth's water quality criteria and standards in Chapter 93 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.gov
Emissions of Particulate Matter Air Pollution Control Act 25 Pa. Code § 139.12	Spring 2013, as final	The final rulemaking amends 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 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) addressing timeliness of reporting requirements are also included.	Susan Hoyle (717) 772-2329 shoyle@pa.gov
Flexible Packaging Printing Presses and Offset Lithographic and Letterpress Printing Presses Air Pollution Control Act 25 Pa. Code Chapters 121 and 129	Spring 2013, as final	The final rulemaking amends 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 Act's ''reasonably available control measures'' requirement for ozone nonattainment areas. The final rulemaking amends §§ 129.51 and 129.67 (relating to general; and graphic arts systems) and adds §§ 129.67a and 129.67b (relating to control of VOC emissions from flexible packaging printing presses; and control of VOC emissions from offset lithographic and letterpress printing presses) to adopt emission limits and work practice standards for flexible packaging printing presses and offset lithographic printing and letterpress printing presses. Amendments to § 121.1 (relating to definitions) are also made to support the amendments to Chapter 129.	Susan Hoyle (717) 772-2329 shoyle@pa.gov
Air Quality Title V Fee Amendments Air Pollution Control Act 25 Pa. Code Chapter 127	Winter 2013, as proposed	The proposed rulemaking would amend 25 Pa. Code Chapter 127, Subchapter I (relating to plan approval and operating permit fees) by amending the existing per ton emission fee paid by the owner or operator of a Title V facility.	Dean Van Orden (717) 783-9264 dvanorden@pa.gov
Amendments for the Control of Major Sources of NOx and VOCs Air Pollution Control Act 25 Pa. Code Chapter 129	Spring 2013, as proposed	The proposed rulemaking would amend the Reasonably Available Control Technology Requirements for major NOx- and VOC-emitting stationary sources; the proposed requirements would not apply to major VOC-emitting facilities subject to Federal Control Technique Guideline recommendations adopted by the Board as final rulemakings.	Susan Hoyle (717) 772-2329 shoyle@pa.gov
Control of VOCs from Gasoline Dispensing Facilities (Stage II) Air Pollution Control Act 25 Pa. Code § 129.82	Spring 2013, as proposed	The proposed rulemaking would amend 25 Pa. Code § 129.82 (relating to control of VOCs from gasoline dispensing facilities (Stage II)) to remove the requirements for installing new and operating existing Stage II vapor recovery systems. The proposed rulemaking would establish procedures for the decommissioning of existing Stage II systems and would require Stage II systems that are not decommissioned to still comply with regulatory maintenance requirements.	Susan Hoyle (717) 772-2329 shoyle@pa.gov
Control of VOC Emissions from Miscellaneous Metal Products and Plastic Parts Surface Coating Processes, Automobile and Light-duty Truck Assembly Surface Coating Processes, Industrial Cleaning Solvent Operations and Fiberglass Boat Manufacturing Processes, and Amendments to Mobile Equipment Repair and Refinishing and Adhesives, Sealants, Primers and Solvents Air Pollution Control Act 25 Pa. Code Chapters 121—129 and 130	Summer 2013, as proposed	The proposed rulemaking would amend the existing surface coating regulations under 25 Pa. Code Chapter 129 (relating to standards for sources) to further reduce the emissions of volatile organic compounds (VOCs) from miscellaneous metal products and plastic parts surface coating processes, automobile and light-duty truck assembly surface coating processes, industrial cleaning solvent operations 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 emission limits and work practice standards would be consistent with the recommendations of the United States Environmental Protection Agency (EPA) included in the corresponding Control Techniques Guideline (CTG) documents. The proposed rulemaking would also 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. Clarifying amendments would be proposed for the adhesives, sealants, primers and solvents regulations in 25 Pa. Code §§ 129.77 and 130.701—130.708 (relating to control of emissions from the use or application of adhesives, sealants, primers and solvents; and adhesives, sealants, primers and solvents). Amendments to 25 Pa. Code § 121.1 (relating to definitions) would also be proposed to support the amendments to Chapter 129.	Susan Hoyle (717) 772-2329 shoyle@pa.gov
Regulated Medical and Chemotherapeutic Waste Amendments Solid Waste Management Act 25 Pa. Code Chapter 284	Spring 2013, 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.	Ali Tarquino Morris (717) 783-2630 altarquino@pa.gov
Radiological Health 25 Pa. Code Chapters 215—240	Spring 2013, as proposed	This rulemaking will amend 25 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
GENERAL SERVICES
Responsibility, 4 Pa. Code Chapter 60	Spring 2013, as proposed	This chapter will be amended to be consistent with the Procurement Code and to provide for uniform debarment and suspension procedures.	Ken Rapp (717) 787-5295 Chuck Anderson (717) 214-7739 Michael Barrett (717) 346-9781
Committee on Construction Contract Documents, 4 Pa. Code Chapter 62	Fall 2013, as final omitted	The Procurement Code repealed the legislation creating this committee, which no longer exists.	Liz O'Reilly (717) 787-7095 Ed Olivieri (717) 783-3280
Selections Committee, 4 Pa. Code Chapter 64	Fall 2013, as final omitted	These regulations should be rescinded since they have been superseded by the Commonwealth Procurement Code.	Liz O'Reilly (717) 787-7095 Ed Olivieri (717) 783-3280
Emergency Construction Repairs 4 Pa. Code Chapter 67	Fall 2013, as final omitted	These regulations should be rescinded since they have been superseded by the Commonwealth Procurement Code.	Liz O'Reilly (717) 787-7095 Ed Olivieri (717) 783-3280
Contract Compliance 4 Pa. Code Chapter 68, Subchapter A, Prequalification of Vendors and Non-construction Contractors	Fall 2013, as final omitted	These regulations should be rescinded since the subject matter of these rules is now covered by the directives management system.	Liz O'Reilly (717) 787-7095 Ed Olivieri (717) 783-3280
Methods of Awarding Contracts, 4 Pa. Code Chapter 69	Summer 2013, as final omitted	These regulations should be rescinded since they have been superseded by the Commonwealth Procurement Code.	Ken Rapp (717) 787-5295 Chuck Anderson (717) 214-7739
HEALTH
Emergency Medical Services System Regulations 28 Pa. Code, Chapters 1021—1033.	Spring 2013, as final.	These new regulations will facilitate the Department's administration of the Emergency Medical Services System Act (Act) chapter of Act 37 (2009), 35 Pa.C.S. §§ 8101—8157. The Act is designed to update the existing emergency medical services system by ensuring higher quality and better coordinated emergency medical services are provided in a system that is fully integrated with the overall health care system and, in particular, with the public health system.	Michael D.I. Siget (717) 783-2500
Communicable and non-Communicable Diseases 28 Pa. Code Chapter 27	Spring 2013, as proposed.	These existing regulations are being revised to improve the Department's ability to prevent and control the spread of communicable and non-communicable diseases. The Department's authority to promulgate these regulations is found in the Disease Prevention Control law of 1955, 35 P. S. §§ 521.1 et seq. (the Act). Section 16(a) of the (Act 35 P. S. § 521.16 (a)) gives the Board authority to issue rules and regulations on a variety of matters related to communicable and non-communicable diseases. Section 16(b) of the Act (35 P. S. § 521.16 (b)) gives the Secretary of Health the authority to review existing regulations and make recommendations to the Board for changes that the Secretary considers to be desirable. There is also a legislative authority for specific provisions of the regulations. Administrative Code of 1929 (71 P. S. §§ 51 et seq.) (Code) Section 20102 (g) of the Code (71 P. S. § 532 (g)) provides general authority for the Department to promulgate regulations.	Jalene Kolb (717) 783-8228
Photo Identification Tag Regulations 28 Pa. Code Chapter 54	Spring 2013, as proposed.	The Health Care Facilities Act (35 P. S. §§ 448.101 et seq.) was amended by the passage of Act 2010-110 on November 23, 2010. This new section of the Act (35 P. S. § 448.809.2) requires health care workers employed in health care facilities and physician practices to wear photo identification tags that also contain other information including name, title and name of the health care facility.	James T. Steele (717) 783-2500
School Health Services 28 Pa. Code Chapter 23	Spring 2014, as proposed.	The School Health regulations were promulgated pursuant to the Department's authority to oversee school health services required by Article XIV of the Public School Code, 24 P. S. §§ 14.1401 et seq. State and Federal laws enacted since 2005 have changed the requirements for school health services. Those legislative changes require changes to the school health regulations. Anticipated changes include new provisions to address: possession and use of asthma inhalers and epinephrine auto-injectors (24 P. S. § 14-1414.1); currently accepted precautions against the spread of tuberculosis (24 P. S. § 14-1416); medical examinations of teachers and other persons including volunteers (24 P. S. § 14-1418(b)); requirements for local wellness policies (24 P. S. § 14-1422.1); requirements for independent dental hygiene practitioners working in the school setting; and revisions to the duties of the Certified School Nurse to track requirements in Federal laws protecting the rights of students with disabilities and to incorporate applicable professional nursing practice standards.	Karin Simpson (717) 783-2500
HOUSING FINANCE AGENCY
No regulations being developed or considered at this date.
INFRASTRUCTURE INVESTMENT AUTHORITY
No regulations being developed or considered at this date.
INSURANCE
31 Pa. Code §§ 25.1—25.23, Rules and Procedural Requirements for Insurance Holding Company Systems	Spring 2013, as proposed.	This Chapter will be updated in accordance with NAIC model regulation standards amendments to the Holding Companies Act enacted in July of 2012.	Peter J. Salvatore, Regulatory Coordinator (717) 787-4429
31 Pa. Code §§ 161.1—1619, Requirements for Qualified and Certified Reinsurers and 163 Requirements for Funds Held as Security for the Payment of Obligations of Unlicensed, Unqualified Reinsurers	Spring 2013, as final	These Chapters will be updated to include procedures for certifying reinsurers as per NAIC model standards and amendments to the Reinsurance Credits Act enacted in July of 2012.	Peter J. Salvatore, Regulatory Coordinator (717) 787-4429
31 Pa. Code §§ 124.1—124.10, Surplus Lines Insurance	Spring 2013, as proposed.	This Chapter will be updated in accordance with amendments made to the ''Surplus Lines Law'' (40 P. S. §§ 991.1601—991.1626) in 2002, 2010, and 2011.	Peter J. Salvatore, Regulatory Coordinator (717) 787-4429
31 Pa. Code §§ 84.1—84.6, Tables Approved for use in Determining Minimum Nonforfeiture Standards and Minimum Standards for Valuation	Spring 2013, as proposed	This Chapter will be updated in accordance with amendments made by the NAIC to the corresponding model regulation to add an updated individual annuity mortality table.	Peter J. Salvatore, Regulatory Coordinator (717) 787-4429
LABOR AND INDUSTRY
Uniform Construction Code, Title 34, Part XIV, Bureau of Occupational and Industrial Safety	Submit proposed rulemaking in Winter 2013	Update and clarify administrative provisions of the Uniform Construction Code and adopt updated standards for elevator construction	Edward Leister (717) 783-6304
Flammable and Combustible Liquids, Title 37, Part I, Bureau of Occupational and Industrial Safety	Submit proposed rulemaking in Spring 2013	Update regulations based on Act 144 of 2012 and adopt requirements for storage and dispensing of compressed natural gas as vehicular fuel	Edward Leister (717) 783-6304
Bureau of Occupational and Industrial Safety (PENNSAFE Division) Title 34, Chapters 301—323, Worker and Community Right to Know	Submit proposed rulemaking by Summer 2013	Amend the PA Hazardous Substance List	Carol Freeman (717) 214-0852
Unemployment Compensation Title 34, Chapter 101, Board of Review	Submit final omitted in Winter 2013	Delete language re distance requirement in telephone regulation to conform with Act 6 of 2011	Gerard Mackarevich (717) 783-1232
Bureau of Labor Law Compliance, Title 34, Part XII, Chapter 225, Prohibition of Excessive Overtime in Health Care Act	Submit final-form rulemaking in Spring 2013	Regulations to establish a complaint and hearing process	Karen Galli (717) 787-4186
Bureau of Labor Law Compliance, Title 34, Chapters 83 and 84, Apprentices	Submit proposed rulemaking in Fall 2013	Amend regulations to reflect Federal requirements.	Rich Lengler (717) 787-4186
Office of Deaf and Hard of Hearing, Title 34, Chapter 501 Registration of Sign Language Interpreters and Transliterators	Submit proposed rulemaking in Fall 2013	Amend regulations to be consistent with amendments in Sign Language Interpreter and Transliterator State Registration Act, 63 P. S. §§ 1725.1—1725.11, that were enacted in November 2010.	Sharon Behun (717) 783-4912
Bureau of Labor Law Compliance, Title 34, Chapter 231, Minimum Wage	Submit proposed rulemaking by Summer of 2013	Update regulations to be consistent with Federal regulations changes	Richard Lengler (717) 787-4186
Workers' Compensation Appeal Board (Board), Title 34, Chapter 111, Special Rules of Administrative and Procedure Before the Board	Submit proposed rulemaking by Winter 2013	Revise regulations to reflect evolving procedures and technological changes	Commissioner Alfonso Frioni, Jr. (412) 531-2680
Office of Adjudication, Title 34, Chapter 131, Special Rules of Administrative Practice and Procedure Before the Workers' Compensation Judges	Submit proposed rulemaking by Winter 2013	Revise regulations to reflect evolving procedures and technological changes	Deputy Secretary Elizabeth Crum (717) 787-5082
Bureau of Workers' Compensation, Title 34, Chapter 121, General Provisions	Submit Statement of Policy by Fall 2013	Update regulations to address changes resulting from new computer system	BWC Director Stephen Fireoved (717) 783-5421
Bureau of Labor Law Compliance, Title 34, Chapter 11, Employment of Minors	Submit proposed rulemaking by Summer of 2013	Revise/update current regulations in light of the new Child Labor Act	Richard Lengler (717) 787-4186
MILITARY AND VETERANS AFFAIRS
43 Pa. Code Chapter 11 Fort Indiantown Gap	February 2013, as final omitted	Section 708 of the Military and Veterans Code (51 Pa.C.S. § 708) authorizes the Adjutant General to promulgate rules, regulations, and polices for the continuing operation of Fort Indiantown Gap and to designate regulations as being for the protection of persons or property at Fort Indiantown Gap. The new 43 Pa. Code Chapter 11 provides comprehensive regulations for the operation, management and control of this military installation. Fort Indiantown Gap is owned by the Commonwealth, but the bulk of it is leased by the United States Government. The Fort Indiantown Gap Police Force is a state entity with offices commissioned under state law and powers and duties defined by 51 Pa.C.S. § 711.	Dennis Guise (717) 861-8503
43 Pa. Code Chapter 7 State Veterans Homes	March 2012, as final omitted	The Department wishes to promulgate a comprehensive update to its regulations on State Veterans' Homes. The statutory authority for these regulations is section 902(10) of the Military and Veterans Code (51 Pa.C.S. § 903(10)). These regulations are out-of-date. They were last updates in 1986. The purpose of the changes to these regulations is to bring them in line with best practices in the long-term care arena.	Dennis Guise (717) 861-8503
MUNICIPAL POLICE OFFICERS' EDUCATION AND TRAINING COMMISSION
No regulations being developed or considered at this time.
PENNSYLVANIA MUNICIPAL RETIREMENT SYSTEM
No regulations being developed or considered at this time.
PENNSYLVANIA HIGHER EDUCATION ASSISTANCE AGENCY
22 Pa. Code Chapter 121 Student Financial Aid	June 2013 as Proposed	These regulations have not been updated in some time. The revisions seek to increase the transparency in regard to the processes used for financial assistance determinations.	Christine Zuzack (717) 720-2368
PROBATION AND PAROLE
Revision to 37 Pa. Code §§ 63, 65, 67, 69, 71, 73, 75 and 77 ''Board of Probation and Parole''	Updates to incorporate recent changes to Title 61 and emphasis on evidence based practices.	Continues to be worked on in FY 2012.	Barbara Christie Chief Counsel (717) 787-8126
Addition of a section to 37 Pa. Code Part II. ''Board of Probation and Parole''	Addition to address urinalysis collection as mandated by 61 Pa.C.S. § 6137(e).	Continues to be worked on in FY 2012.	Colleen Fickel, Director, Central Services, PBPP (717) 787-5699 x 292
37 Pa. Code, Chapter 79 The County Probation and Parole Officers Firearms Education and Training Law 61 P. S. § 332.5 (13) requires the Commission to ''make rules and regulations and to perform other duties as may be reasonably necessary or appropriate to implement the training program for county probation and parole officers.''	Add new sections relating to ''Break in Service,'' and ''Weapons Change.''	Expected to be submitted to IRRC in 2013.	Todd Burns Executive Director, FETC (717) 787-5699 x 389
PUBLIC SCHOOL EMPLOYEES' RETIREMENT SYSTEM
No regulations being developed or considered at this time.
PUBLIC WELFARE
Psychiatric Rehabilitation Services 55 Pa. Code Chapter 5230	March 2013, as final-form	This regulation promulgates the minimum standards for the delivery of Psychiatric Rehabilitation Services (PRS) for adults. PRS are therapeutic rehabilitation services for individuals with serious mental illness that increase competence in normal life activities and allow individuals to pursue life goals with the greatest possible level of independence.	Angie Logan (717) 772-4141
Payment for Nursing Facility Services Provided by Special Rehabilitation Nursing Facilities; Change in Methods and Standards of Setting Payment Rates. 55 Pa. Code Chapter 1187	May 2013, as proposed	This change in rate methodology will allow the Commonwealth to provide for a distinct method of calculating peer group medians and prices between the initial four Special Rehabilitation Facilities (SRFs) and the facilities classified as SRFs after 2000.	Angie Logan (717) 772-4141
Supplemental Ventilator Care Payment for Medical Assistance Nursing Facilities. 55 Pa. Code Chapter 1187 and 1189	April 2013, as proposed	This change in rate methodology will allow the Commonwealth to offer a new category of supplemental payment to Medical Assistance (MA) nursing facilities that care for a significant number of MA ventilator care residents beginning July 1, 2012.	Angie Logan (717) 772-4141
Rate Setting for County Nursing Facilities that Privatize. 55 Pa. Code Chapter 1187	June 2013, as proposed	This change will establish a new methodology for setting rates for county nursing facilities that have a change of ownership to a private nursing facility provider. County nursing facilities that privatize will have per diem rates determined using the peer group price for resident care, other resident related and administrative costs from the appropriate peer group in accordance with 55 Pa. Code § 1187.94 (relating to peer grouping for price setting) until there is a nursing facility cost report submitted by the new provider audited for use in the rebasing process.	Angie Logan (717) 772-4141
Appeal and Fair Hearing and Administrative Disqualification Hearings 55 Pa. Code Chapter 275	December 2013, as proposed	This regulation will update definitions, streamline administrative practices, and incorporate hearing procedures that will support efficiency in the hearing and appeals process.	Angie Logan (717) 772-4141
Medical Assistance Provider Appeal Procedures 55 Pa. Code Chapter 41	December 2013, as proposed	This regulation will clarify procedural and substantive matters related to provider appeals including the filing and post hearing practices for provider appeals.	Angie Logan (717) 772-4141
Administration of County Children and Youth Programs 55 Pa. Code Chapter 3130	June 2013, as proposed	This regulation incorporates the amendments to state law and the Federal regulations for Title IV-B and Title IV-E funding for child welfare services	Angie Logan (717) 772-4141
Payment for Child Care 55 Pa. Code Chapter 287	April 2013, as proposed	Chapter 287 will be rescinded as it no longer reflects current policy. Chapter 3140 (relating to planning and financial reimbursement requirements for county children and youth social service programs) already provides the current determination requirements of TANF and Medical Assistance eligibility for children placed by county children and youth agencies.	Angie Logan (717) 772-4141
Planning and Financial Reimbursement requirements for County Children and Youth Social Service Programs 55 Pa. Code Chapter 3140	December 2013, as proposed	This regulation provides the requirements for reimbursement for services to county children and youth agencies. The regulations are in need of revision to ensure consistency with Federal requirements and policy to ensure the validity of state and Federal claims.	Angie Logan (717) 772-4141
Medical Assistance Disqualifications 55 Pa. Code Chapter 255	June 2013, as proposed	This regulation provides disqualification penalties for individuals who were prosecuted for Medical Assistance fraud. These regulations will mirror Federal regulations (found at 42 USCS § 1320a-7b) to allow for a one-year disqualification based on a court conviction for a crime against the Medical Assistance program.	Angie Logan (717) 772-4141

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