NOTICES

GOVERNOR'S OFFICE

Regulatory Agenda

[50 Pa.B. 2481]
[Saturday, May 9, 2020]

 Executive Order 1996-1 requires all agencies under the jurisdiction of the Governor to submit for publication semi-annually an agenda of regulations under development or consideration.

 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 information provided is current as of April 23, 2020. The nature and complexity of an individual regulation obviously will determine whether and when any particular regulation listed (as well as any considered subsequent to publication of this Agenda) is published.

Regulation Being Considered	Proposed Date of Promulgation	Need and Legal Basis for Action	Agency Contact
Department of Aging
Older Adult Daily Living Centers 6 Pa. Code Chapter 11	Summer 2020, as Proposed	The purpose of 6 Pa. Code Chapter 11 is to protect the health, safety, and well-being of persons with functional impairments for the licensure and operation of Older Adult Daily Living Centers (OADLC). These regulations—the statutory authority for which is found in Act 118 of 1990 and in 62 P.S. Chapter 2 § 1511—were adopted on July 2, 1993 and effective October 12, 1993. The Pennsylvania Department of Aging is responsible for the enforcement of these regulations. OADLC services provide a structured program of services to clients who require the service along with valuable respite to caregivers. The proposed rulemaking would update the existing regulatory language to address changes in other statutes, regulations, codes, ordinances, and other professional standards and practices, along with addressing the increasing frailty of clients served in OADLC.	Barb Valaw (717) 787-4522
Pennsylvania Community Adult Respite Services Program Act 166 of 2014	Summer 2020, as Proposed.	Act 166 of 2014 (P.L. 2615, Oct. 22, 2014, No. 166) created a new program called the Pennsylvania Community Adult Respite Services Program (CARP), authorizing the Department of Aging to license and inspect community adult respite services programs that serve participants with minor functional impairments. The purpose of the proposed rulemaking is to provide guidance to persons wishing to provide community adult respite services to eligible persons for part of a 24-hour day, filling a niche between senior centers and older adult daily living centers, as required by Act 166 of 2014.	Barb Valaw (717) 787-4522
Department of Agriculture
Pennsylvania Preferred Program Regulations 7 Pa. Code Chapter 107 (# 2-186)	July 1 2020, as Proposed	This regulation will establish standards required under the Pennsylvania Preferred Act (3 Pa.C.S. §§ 4601—4611).	Laura England (717) 783-8462
Agricultural Conservation Easement Purchase Program 7 Pa. Code Chapter 138e (# 2-192)	June 2020, as Proposed. The underlying statute has been amended, which will entail a delay and rewrite of the proposed regulation.	The regulation will revise the regulation to address the five amendments of the Agricultural Area Security Law that occurred since 2004, when the regulation was last revised. The revision will accomplish a ''housekeeping'' update to reflect the Department's experience in administering the Agricultural Conservation Easement purchase program.	Doug Wolfgang (717) 783-3167
Milk Sanitation 7 Pa. Code Chapter 59a (# 2-194)	May 2020, as Proposed	The regulation will: 1) accomplish a ''housekeeping'' update to the technical Milk Sanitation regulations; 2) allow for the lawful production and sale of raw milk butter; and 3) lower the maximum permissible somatic cell count for milk.	Sheri Morris (717) 787-4315
Department of Banking and Securities (DOBS)
Modernization of Banking regulations under the Banking Code of 1965— Title 10, Parts I—VI	Spring 2020, as Proposed	The Banking Code of 1965 underwent substantial modernization in 2014. There is a need to amend the regulations to reflect this modernization and other recent legislative changes on the state level as well as to conform with federal legislative and regulatory changes.	Stefanie Hamilton (717) 787-1471
Promulgation of agency rules of administrative practice and procedure, to be added to Title 10, Part I	Spring 2020, as Proposed	The Department currently uses the General Rules of Administrative Practice and Procedure (''GRAAP''), which contemplate that an agency may promulgate its own rules. 1 Pa. Code § 31.1(c). The agency desires to enact rules more suited to its statutory requirements.	Stefanie Hamilton (717) 787-1471
Final omitted rulemaking for changes to regulations under the Banking Code of 1965— Title 10	Spring 2020, with omission of notice of proposed rulemaking under 45 P.S. § 1204	The Department will be pursuing a final omitted rulemaking to delete portions of Title 10 that have been preempted or rendered moot by either state or federal law.	Stefanie Hamilton (717) 787-1471
Department of Community and Economic Development (DCED)
No regulations being developed or considered at this time.
Department of Conservation and Natural Resources (DCNR)
Snowmobile and All-Terrain Vehicle Grants 17 Pa. Code Chapter 53 (# 7B-9)	Winter/Spring 2020	The regulation would implement a grant program using funds from the snowmobile and ATV management restricted accounts.	Alex MacDonald (717) 772-4586   Lisa Maiorana, Esq. (717) 783-0139
Department of Corrections (DOC)
Inmate Correspondence 37 Pa. Code § 93.2	Fall 2020, as Proposed	Inmate correspondence regulations are being revised to reflect new DOC procedures for processing mail.	Tracey Tubbs (717) 728-7763
Inmate Visiting Privileges 37 Pa. Code § 93.3	Fall 2020, as Proposed	Inmate visiting privileges regulations are being revised to reflect DOC changes to its visiting policy.	Tracey Tubbs (717) 728-7763
Purchase for Inmates by Family and Friends 37 Pa. Code § 93.4	Fall 2020, as Proposed	Purchase for inmates by family and friends regulations are being revised for clarification and to more accurately comport with current standards.	Tracey Tubbs (717) 728-7763
Department of Drug and Alcohol Programs (DDAP)
Recovery House Regulations 28 Pa. Code Chapter 709, Subchapter L (new)	Fall 2020, as Final-Omitted	Act 59 of 2017 directs DDAP to establish regulations for recovery houses that receive public funds or referrals. Recovery houses provide support to individuals receiving outpatient treatment for substance use disorder who may benefit from supportive housing, a substance-free environment, and peer camaraderie. Preparation of the final-omitted regulatory package is under way.	Jordan Lewis (717) 736-7466
Department of Education (PDE)
Regulations of the State Board of Private Academic Schools 22 Pa. Code Chapters 51, 53, 55, 57, 59, 61 and 63	Fall 2020, as Proposed	These regulations define the requirements for obtaining licensure as a Private Academic School. The Board is in the process of updating 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.).	Matthew Stem (717) 787-2127
Professional Standards and Practices Commission 22 Pa. Code Chapter 235	Fall 2020, as Final	This chapter sets forth the standards for professional practice and conduct applicable to educators. The regulation updates this chapter to conform to the 2014 amendments to the Educator Discipline Act (24 P.S. §§ 2070.1a et. seq.) and to expound the obligations educators owe to students, colleagues and the profession, with an emphasis on appropriate student-teacher boundaries, electronic communications with students and role model responsibilities. The regulation is promulgated under the authority of sections 5(a)(10) and 5(a)(14) of the Educator Discipline Act (24 P.S. § 2070.5(a)(10) and § 2070.5(a)(14)).	Shane Crosby (717) 787-6576
Department of Education	Fall 2020, as Proposed	These regulations will address the possession and use of medical marijuana by students and employees on the grounds of a preschool, primary school and a secondary school. These regulations are promulgated under authority of the Medical Marijuana Act (2016 Pa. Laws 16).	Sherri Smith (717) 772-4557
Department of Education	Summer 2020, as Proposed	This regulation will establish the permanent fees for institutions of higher education to participate in the state authorization reciprocity agreement. These regulations are promulgated under authority granted by the Act 35 of 2016 (24 P.S. § 1-124(b)).	Lynette Kuhn (717) 783-8228
Regulations of the State Board of Private Licensed Schools 22 Pa. Code Chapter 73	Summer 2020, as Proposed	These regulations define the requirements for obtaining and maintaining licensure as a Private Licensed School and set outcomes benchmarks. The regulations are promulgated under the authority of the Private Licensed Schools Act (24 P.S. §§ 6501 et. seq.).	Lynette Kuhn (717) 783-8228
Regulations of Special Education Services and Programs 22 Pa. Code Chapter 14	Spring 2020, as Final-Omitted	This regulation supports Pennsylvania's people with an intellectual disability by updating the language in 22 Pa. Code relating to education by replacing the terms ''mentally retarded'' and ''mental retardation'' with the terms ''intellectual disability'' or ''intellectual disabilities.'' The regulation is promulgated under the authority of Sections 502, 1372, 26-2603-B, of the Public School Code of 1949, as amended, 24 P.S. Sections 5-502, 13-1372, 26-2603-B. Sections 875-101 through 875-503 of the Early Intervention Services System Act, as amended, 11 P.S. Sections 875-101 through 875-503.	Karen Molchanow (717) 787-3787
Regulations of Charter School and Cyber Charter School Services and Programs for Children with Disabilities 22 Pa. Code Chapter 711	Spring 2020, as Final-Omitted	This regulation supports Pennsylvania's people with an intellectual disability by updating the language in 22 Pa. Code relating to education by replacing the terms ''mentally retarded'' and ''mental retardation'' with the terms ''intellectual disability'' or ''intellectual disabilities.'' The regulation is promulgated under the authority of Sections 1701-A through 1732-A, 1749-A(b)(8), 1751-A, of the Public School Code of 1949, as amended, 24 P.S. §§ 17-1701-A through 17-1732-A, 17-1749-A(b)(8), 17-1751-A, and §§ 875-101 through 875-503 of the Early Intervention Services System Act, as amended, 11 P.S. §§ 875-101 through 875-503.	Sherri Smith (717) 772-4557
State Board of Education 22 Pa. Code Chapter 49	Summer 2020, as Proposed	These regulations establish requirements for certification of professional personnel employed in the public schools of the Commonwealth. The regulations are open for a required major review. In Spring 2019, the Board began initial stakeholder outreach on the draft amendments proposed by the Secretary of Education by conducting statewide public hearings and inviting written comments. The regulations are promulgated under the authority of the Public School Code of 1949, 24 P.S. § 2603-B.	Karen Molchanow (717) 787-3787
State Board of Education 22 Pa. Code Chapter 4	Fall 2020, as Proposed	These regulations establish the academic standards for Science and Technology, and for Environment and Ecology and serve as the basis for curriculum development and instruction in schools in the Commonwealth. In September 2019, the State Board of Education directed the Pennsylvania Department of Education to begin the process of updating the science standards to align with current research and best practices, including a review of the Next Generation Science Standards. The regulations are promulgated under the authority of Public School Code of 1949, 24 P.S. § 26-2604-B(b)(vii).	Karen Molchanow (717) 787-3787
State Board of Education 22 Pa. Code Chapter 4	Summer 2020, as Final Omitted	The Board will make technical updates to Chapter 4 to align relevant sections of the regulation with changes to high school graduation requirements enacted by Act 158 of 2018.	Karen Molchanow (717) 787-3787
State Board of Education 22 Pa. Code Chapter 11	Summer 2020, as Final-Omitted	The Board will make technical updates to Chapter 11 to align relevant sections of the regulation with the changes to the compulsory school age that were enacted by Act 16 of 2019.	Karen Molchanow (717) 787-3787
Department of Education	Spring 2020, as Proposed	The Department will promulgate new regulations to ensure transparency and accountability in implementation of the Charter School Law related to the establishment of a charter school entity, the governance and operation of a charter school entity, and the closure of a charter school entity. The regulations are promulgated under the authority of the Public School Code of 1949, 24 P.S. §§  17-1732-A(c) and 17-1751-A.	Adam Schott (717) 525-5755
Environmental Hearing Board (EHB)
Practice and Procedure 25 Pa. Code Chapter 1021 (# 106-13)	EHB voted on proposed rulemaking 106-13 on December 4, 2019. EHB expects to submit proposed rulemaking to OGC for review in January 2020. Final rulemaking is expected 4th quarter of 2020.	This proposed rulemaking is expected to make minor revisions to the Board's rules in the following categories: motions for admission pro hac vice; responses to petitions to appeal nunc pro tunc; the inclusion of a table of contents in briefs exceeding 30 pages; and other minor corrections to the rules.	Maryanne Wesdock, Senior Assistant Counsel (412) 565-5245
Department of Environmental Protection (DEP)
Water Supply Replacement for Coal Surface Mining 25 Pa. Code Chapters 87—90 (# 7-545)	Quarter 3, 2020, EQB Consideration, as Final	This rulemaking revises Chapters 87—90, to clarify what is necessary to meet the coal mine operator's obligation to permanently pay the operation and maintenance costs for replacement water supplies. (Surface Mining Conservation and Reclamation Act)	Sharon Hill (717) 787-6842 shill@pa.gov
Noncoal Mining Clarifications and Corrections 25 Pa. Code Chapter 77 (# 7-554)	Quarter 3, 2020, EQB Consideration, as Proposed	This rulemaking proposes to clarify and correct existing regulatory requirements for noncoal mining. The rulemaking also proposes to update the blasting section to be consistent with the recently revised Chapter 211 and to reflect current technology. (Noncoal Surface Mining Conservation and Reclamation Act, Clean Streams Law)	Bill Allen (717) 783-9580 wallen@pa.gov
Coal Refuse Disposal Revisions 25 Pa. Code Chapter 90 (# 7-565)	Quarter 3, 2020, EQB Consideration, as Proposed	This rulemaking proposes to implement Act 74 of 2019. Proposed regulatory amendments will include clarification of the triggering events that would require an operator to install a system to prevent precipitation from contacting the coal refuse; differences between the State and Federal regulations relating to temporary cessation; and establish a connection between the disposal area and the source of the refuse. (Surface Mining Conservation and Reclamation Act, Clean Streams Law, Coal Refuse Disposal Control Act)	Greg Greenfield (717) 787-3174 grgreenfie@pa.gov
Unconventional Well Permit Application Fees 25 Pa. Code Chapter 78a (# 7-542)	Quarter 2, 2020, IRRC Consideration	This rulemaking amends 25 Pa. Code §§ 78a.1 (relating to definitions) and 78a.19 (relating to permit application fee schedule). These amendments are necessary to increase fees to support the administration of 58 Pa.C.S. Chapter 32 (related to development) (2012 Oil and Gas Act) by the DEP's Office of Oil and Gas Management. The rulemaking increases the current well permit application fees from $5,000 for nonvertical unconventional wells and $4,200 for vertical unconventional wells, to $12,500 for all unconventional well permit applications to administer the 2012 Oil and Gas Act. (2012 Oil and Gas Act)	Kurt Klapkowski (717) 772-2199 kklapkowsk@pa.gov
Environmental Protection Performance Standards for Conventional Oil and Gas Operators 25 Pa. Code Chapter 78 (# 7-539)	Quarter 4, 2020, EQB Consideration, as Proposed	This rulemaking proposes to amend the Oil and Gas regulations applicable to conventional operators (Chapter 78) to update the environmental protection performance standards related to oil and gas activities. (2012 Oil and Gas Act, Clean Streams Law, Solid Waste Management Act, Dam Safety Encroachment Act, Land Recycling and Environmental Remediation Standards Act, Radiation Protection Act, Unconventional Well Report Act, Act 126 of 2014)	Kurt Klapkowski (717) 772-2199 kklapkowsk@pa.gov
Administration of the Land Recycling Program 25 Pa. Code Chapter 250 (# 7-552)	Quarter 1, 2020, Publication, as Proposed	The rulemaking proposes to amend 25 Pa. Code Chapter 250 to update the medium specific concentrations (MSCs) established under the Statewide health standard based on the most recent published scientific information. MSCs are concentrations of contaminants in soil and groundwater that are protective of human health and the environment under various exposure scenarios. This rule also proposes to add MSCs for three new contaminants, including Perfluorooctanoic Acid (PFOA), Perfluorooctance Sulfonate (PFOS), and Perfluorobutane Sulfonate (PFBS). These contaminants are within the Per- and Poly-fluoroalkyl Acid (PFAS) family of compounds for which the U.S. Environmental Protection Agency (EPA) has published toxicological data. These regulations identify the formulas DEP must use to calculate MSCs and the sources of the toxicological information. This rulemaking also proposes to clarify administrative elements of Chapter 250. DEP is required by § 250.11 to propose appropriate MSC changes based on current scientific information no more than 36 months after the effective date of the most recently promulgated MSCs. (Land Recycling and Environmental Remediation Standards Act)	Troy Conrad (717) 783-9480 tconrad@pa.gov
Radiation Safety Requirements for Non-Healing Arts Radiation Generating Devices 25 Pa. Code Chapters 227 and 228 (# 7-555)	Quarter 3, 2020, EQB Consideration, As Proposed	This rulemaking proposes to update Chapter 227 to stay current with advances that have occurred in the uses of non-medical X-ray equipment. The revisions will ensure consistency with other government agencies that similarly regulate these devices. (Radiation Protection Act)	John Chippo (717) 787-2480 jchippo@pa.gov
Triennial Review of Water Quality Standards and Updates to Toxics Management Strategy— Statement of Policy 25 Pa. Code Chapters 93 and 16 (# 7-534)	Quarter 3, 2020, Publication, as Final	This rulemaking revises the Commonwealth's water quality criteria and standards in Chapter 93 and updates the Chapter 16 Statement of Policy 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. (40 CFR Section 131.20)	Tom Barron (717) 787-9637 tbarron@pa.gov
Water Quality Standards—Class A Stream Redesignations 25 Pa. Code Chapter 93 (# 7-548)	Quarter 3, 2020, EQB Consideration, as Final	The regulatory changes included in this rulemaking are the result of stream evaluations conducted by DEP in response to a submittal of data from the Pennsylvania Fish and Boat Commission (PFBC). In this rulemaking, redesignations rely on § 93.4b(a)(2)(ii) to qualify streams for High Quality (HQ) designations based upon their classifications as Class A wild trout streams. DEP staff conducted an independent review of the trout biomass data in the PFBC's fisheries management reports for streams throughout the Commonwealth to ensure that the HQ criteria were met. Based on these data and appropriate regulatory criteria, DEP developed this package of stream redesignations including HQ stream redesignations in the Delaware, Susquehanna and Ohio River basins. (Section 303(c)(1) of the Federal Clean Water Act)	Tom Barron (717) 787-9637 tbarron@pa.gov
Water Quality Standard for Manganese 25 Pa. Code Chapters 93 and 96 (# 7-553)	Quarter 2, 2020, Publication, as Proposed	This rulemaking proposes to address a provision regarding the water quality standards for manganese included in Act 40 of 2017. This rulemaking proposes to amend 25 Pa. Code Chapter 93 (relating to water quality standards) and 25 Pa. Code Chapter 96 (relating to water quality standards implementation). The amendments propose to delete manganese from Table 3 at § 93.7 (relating to specific water quality criteria) and add manganese to Table 5 at § 93.8c (relating to human health and aquatic life criteria for toxic substances). Additionally, the amendments propose two alternatives for a point of compliance with the manganese water quality standard: the point of all existing or planned surface potable water supply withdrawals; or all surface waters (i.e., near the point of discharge). (Administrative Code of 1929, Pennsylvania Clean Streams Law, Federal Clean Water Act)	Michael Lookenbill (717) 787-2959 mlookenbil@pa.gov
Water Quality Standards—Dunbar Creek et al. Stream Redesignations 25 Pa. Code Chapter 93 (# 7-557)	Quarter 4, 2020 EQB Consideration, as Proposed	The regulatory changes included in this rulemaking are the result of stream evaluations conducted by DEP in response to petitions submitted by citizens and data collected by the Department. In this rulemaking, redesignations rely on § 93.4b(a) and (b) to qualify one water for High Quality (HQ) and seven waters for Exceptional Value (EV) as well as correct the erroneous HQ designation of UNT Oley Creek to remove HQ. One water will be redesignated from Trout Stocking to Cold Water Fishes. Based on these data and appropriate regulatory criteria, DEP developed this package of stream redesignations including HQ stream redesignations in the Delaware, Susquehanna and Ohio River basins. (Section 303(c)(1) of the Federal Clean Water Act)	Michael Lookenbill (717) 783-2959 mlookenbil@pa.gov
Water Quality Management and NPDES Permit Application Fees and Annual Fees 25 Pa. Code Chapters 91 and 92a (# 7-533)	Quarter 3, 2020, EQB Consideration, as Final	This rulemaking proposes to amend fees related to water quality management permitting (Chapter 91) and proposes to amend the fee schedule for NPDES permit applications (Chapter 92a). Chapter 91 establishes, among other things, a water quality management (WQM) permitting program for the construction of sewage and industrial waste treatment facilities and for land application of sewage and industrial wastes. DEP began its Chapter 92a annual invoicing and fee collection program in December 2010. Chapter 92a updated the fee schedule for NPDES permit applications for persons to discharge pollutants from point sources into surface waters. In addition, Chapter 92a introduced an annual fee for certain facilities authorized to discharge pollutants by individual NPDES permits. A fee analysis that DEP presented to the EQB in 2014 highlighted that, despite the fee increase in 2010, revenue continues to fall short of expenses, impeding the work of Programs to carry out necessary tasks for protecting water resources in the Commonwealth. (Pennsylvania Clean Streams Law)	Sean Furjanic (717) 787-2137 sefurjanic@pa.gov
Dam Safety and Waterway Management 25 Pa. Code Chapter 105 (# 7-556)	Quarter 2, 2020, EQB Consideration, as Proposed	This proposed rulemaking would amend Chapter 105; clarifying existing requirements; deleting or updating obsolete and antiquated requirements; incorporating new or revised sections and definitions; and correcting typographical errors. (Federal Clean Water Act, Pennsylvania Clean Streams Law, Dam Safety and Encroachment Act)	Sid Freyermuth (717) 772-5977 sfreyermut@pa.gov
Air Quality Fee Schedule Amendments 25 Pa. Code Chapters 127 and 139 (# 7-536)	Quarter 2, 2020, EQB Consideration, as Final	This rulemaking proposes to revise existing requirements and fee schedules codified in Chapter 127, Subchapter I to ensure that fees collected are sufficient to cover the costs of administering the air program as required under Section 6.3(a) of the Air Pollution Control Act (35 P.S. § 4006.3(a)). Upon promulgation, the final-form regulation would be submitted to the EPA for approval as a revision to the SIP or the Title V Program Approval, as appropriate. (Air Pollution Control Act)	Susan Hoyle (717) 772-2329 shoyle@pa.gov
Control of VOC Emissions from Oil and Natural Gas Sources 25 Pa. Code Chapter 129 (# 7-544)	Quarter 2, 2020, Publication, as Proposed	This rulemaking proposes to establish emission limitations and other requirements codified in 25 Pa. Code Chapter 129 consistent with reasonably available control technology (RACT). The proposed rulemaking would establish RACT requirements for volatile organic compounds and other pollutants from existing oil and natural gas production facilities, compressor stations, processing plants, and transmission stations. Upon promulgation, the final-form regulation would be submitted to the EPA for approval as a SIP revision. (Air Pollution Control Act)	Susan Hoyle (717) 772-2329 shoyle@pa.gov
Control of VOCs from Gasoline Dispensing Facilities (Stage I and Stage II) 25 Pa. Code Chapters 121 and 129 (# 7-525)	Quarter 2, 2020, EQB Consideration, as Proposed	This rulemaking proposes to remove the requirement to install new Stage II vapor recovery systems and establish procedures for the decommissioning of existing Stage II vapor recovery systems. Stage II systems that are not decommissioned will be required to comply with existing Stage II regulatory maintenance requirements. Industry standards for Stage I and Stage II vapor leak monitoring and relating measures will be added for small gasoline storage tanks. Upon promulgation, the final-form regulation would be submitted to the EPA for approval as a SIP revision. (Air Pollution Control Act)	Susan Hoyle (717) 772-2329 shoyle@pa.gov
Revision of Sulfur Limits in No. 2 and Lighter Commercial Fuel Oil 25 Pa. Code § 123.22 (# 7-546)	Quarter 2, 2020, IRRC Consideration	This rulemaking amends 25 Pa. Code § 123.22 to reduce the maximum allowable sulfur content in No. 2 and lighter commercial fuel oil, sold for and used in combustion units, from the current limit of 500 parts per million (ppm) of sulfur to 15 ppm. The rulemaking requires that No. 2 and lighter commercial fuel oil offered for sale, delivered for use, exchanged in trade or used in Pennsylvania meet the new sulfur limit. Emissions of sulfur dioxide contribute to the formation of regional haze, which degrades visibility in urban and rural areas and contributes to fine particulate matter. Upon promulgation, the final-form regulation will be submitted to the EPA for approval as a SIP revision. (Air Pollution Control Act)	Susan Hoyle (717) 772-2329 shoyle@pa.gov
Requirements for the Control of Hydrofluorocarbons (HFCs) in New or Retrofit Equipment and New Consumer Products 25 Pa. Code Chapters 121, 129 and 130 (# 7-562)	Quarter 4, 2020, EQB Consideration, as Proposed	This proposed rulemaking would provide significant reductions in HFC emissions, a potent greenhouse gas, by preventing the future use of HFCs in sources such as air conditioning and refrigeration. Reductions in HFC emissions will help address climate change and decrease the adverse impacts of climate change on human health, the environment, and the economy. (Air Pollution Control Act)	Susan Hoyle (717) 772-2329 shoyle@pa.gov
VOC RACT Requirements for Certain CTG Source Categories and Additional RACT Requirements for Major Sources of NOx and VOCs for the 2015 Ozone NAAQS 25 Pa. Code Chapters 121 and 129 (# 7-561)	Quarter 3, 2020, EQB Consideration, as Proposed	This proposed rulemaking would be part of the Commonwealth's demonstration to fulfill the RACT requirements for the 2015 8-hour ozone NAAQS. The proposed rulemaking would establish presumptive VOC RACT requirements and RACT emission limitations for these CTG source categories: shipbuilding and ship repair surface coating; synthetic organic chemical manufacturing industry air oxidation, distillation, and reactor processes; and large petroleum dry cleaners. The proposed rulemaking would further establish additional presumptive NOx and VOC RACT requirements and RACT emission limitations for certain major stationary sources of NOx and VOC emissions. (Air Pollution Control Act)	Susan Hoyle (717) 772-2329 shoyle@pa.gov
CO2 Budget Trading Program 25 Pa. Code Chapter 145 (# 7-559)	Quarter 3, 2020 EQB Consideration, as Proposed	This rulemaking proposes to amend 25 Pa. Code Chapter 145 (relating to interstate pollution transport reduction) by adding Subchapter E (relating to CO2 budget trading program). This proposed rulemaking would establish a cap on carbon dioxide (CO2) emissions from fossil fuel-fired electric generating units, with a nameplate capacity equal to or greater than 25 megawatts (MWe), in Pennsylvania. This rulemaking would allow Pennsylvania to participate in the Regional Greenhouse Gas Initiative by establishing the Pennsylvania component of the CO2 Budget Trading Program which is designed to reduce anthropogenic emissions of CO2, a greenhouse gas, in a manner that is protective of public health, welfare and the environment and is economically efficient. (Air Pollution Control Act)	Hayley Book (717) 787-6107 hbook@pa.gov
Hazardous Waste Generator Improvements 25 Pa. Code Chapters 260a—265a (# 7-543)	Quarter 2, 2020, IRRC Consideration	This rulemaking adopts final corrections to certain provisions in 25 Pa. Code Chapters 261a—265a (relating to hazardous waste management) consistent with recent changes to the federal regulations that are incorporated by reference into these chapters. (Solid Waste Management Act, Hazardous Sites Cleanup Act)	Tom Mellott (717) 783-3390 mtmellott@pa.gov
Municipal Waste Processing Permit-By-Rule; Rural Transfer Facility 25 Pa. Code Chapter 271 (# 7-564)	Quarter 3, 2020 EQB Consideration, as Proposed	This proposed rulemaking amends 25 Pa. Code Chapter 271.103 to add a new municipal waste processing permit-by-rule (PBR) for rural transfer facilities. It establishes requirements for operation of a rural transfer facility, including siting, storage, recordkeeping and other requirements. This proposed rulemaking was developed to create waste management and recycling opportunities for more citizens and in communities that are currently underserved or without collection infrastructure. (Solid Waste Management Act; Municipal Waste Planning, Recycling and Waste Reduction Act)	Laura Henry (717) 772-5713 lahenry@pa.gov
Department of General Services (DGS)
State Metrology Laboratory Fee Schedule 70 Pa. Code Chapter 110 (# 8-27)	Fall 2020, as Final Form	These regulations will increase the fees charged by the State Metrology Laboratory and update the description fields to accurately reflect the Metrology Lab's measurement parameters and ranges. Proposed rulemaking delivered to IRRC on June 18, 2019 and subsequently published in Pa. Bulletin on June 29, 2019; agency reviewing Legislative and IRRC comments received and working on Final Form regulatory package.	Ken Hess (717) 787-4352 Mary Fox (717) 787-6789
Department of Health (DOH)
Health Facilities and Hospitals 28 Pa. Code Chapters 51 and 101—158	November 2020, as Proposed	The Secretary of Health created a task force of hospital industry representatives to review the current hospital regulations and provide recommendations to improve the quality of care in hospitals across the state. The hospital regulations will be updated to reflect those recommendations.	Sarah Kurish (717) 783-2500 Susan Coble (717) 783-1078 Ann Chronister (717) 787-8015 Lawrence Clark (717) 547-3047
Long Term Care Facilities 28 Pa. Code Chapters 201—211	November 2020, as Proposed	Pennsylvania's long-term care facility licensure regulations were last updated in 1999. Since that time, the clinical complexity of nursing home residents has changed substantially. The Nursing Home Quality Improvement Task Force was commissioned by the Secretary of Health to make recommendations for revisions to the regulations. The long-term care facility regulations will be updated to reflect those recommendations.	Kevin Hoffman (717) 783-2500 Susan Coble (717) 783-1078 Ann Chronister (717) 787-8015 Lawrence Clark (717) 547-3047
Communicable and Noncommunicable Diseases 28 Pa. Code Chapter 27	October 2020, as Proposed	To revise the listing and details associated with the reportable disease regulations (Chapter 27) to include additional and emerging diseases, new laboratory tests, and changes to exclusion policies for individuals with evidence of disease. Changes will allow for alignment with national standards and improve disease surveillance, investigation and response efforts.	Yvette M. Kostelac (717) 783-2500 Lawrence Clark (717) 547-3047 Raphael Barishansky (717) 783-8804 Sharon Watkins (717) 787-3350
The Controlled Substance, Drug, Device and Cosmetic Act P.L. 233, No. 64	June 2020, as Proposed	Act 96 of 2018 amends the Controlled Substance, Drug, Device and Cosmetic Act to provide for the required use of electronic prescribing for scheduled II—V controlled substances, including provisions for exemptions and penalties. Per Act 96 the Department of Health will promulgate regulations necessary to implement the requirements of the Act.	Keith Fickel (717) 783-2500 Lawrence Clark (717) 547-3047 Meghna Patel (717) 787-6436
Screening and Follow-up for Diseases of the Newborn 28 Pa. Code Chapter 28	July 2020, as Proposed	To revise and update the newborn screening regulations (Chapter 28) to include additional diseases, changes to policies and reporting requirements. Critical congenital heart defects in accordance with the Newborn Child Pulse Oximetry Screening Act and hearing screening in accordance with the Infant Hearing, Education, Assessment, Reporting, and Referral Act will be added to the regulations.	Keith Fickel (717) 783-2500 Stacey Gustin (717) 783-8143
Medical Marijuana Program 28 Pa. Code Chapters 1141a—1230a	August 2020, as Proposed	To promulgate as proposed permanent regulations to update existing temporary regulations to the Medical Marijuana program.	Carol Mowery (717) 783-2500 Mark Kovalcin (717) 783-2500 John Collins (717) 547-3047
Communicable and Noncommunicable Diseases, specific to HIV CD4 Counts and Viral Load Results 28 Pa. Code Chapter 27	August 2020, as Final	Revise the details of the reportable disease regulations (Chapter 27) to include reporting of all HIV CD4 counts and viral load results by providers and laboratories to provide improved surveillance, detection and treatment of HIV disease and is line with national standards.	Yvette Kostelac (717) 783-2500 Raphael Barishansky (717) 772-5025 Godwin Obiri (717) 547-3499
Tanning Regulations	July 2020, as Proposed	The Indoor Tanning Act provides for regulations to be promulgated by the Department as required for implementation of the Act. The Department is proposing regulations to further clarify the requirements for the operation of tanning facilities and to provide for safety of the consumers of tanning products.	Keith Fickel (717) 783-2500 Lawrence Clark (717) 547-3047 Linda Chamberlain (717) 736-7350
Opioid Treatment Agreements—Act 112, 2019	Published 7 Pa. Bulletin 1352	This Act amends Title 35 (Health and Safety) by providing for opioid treatment agreements. Requires a prescriber to do certain actions before issuing an individual the first prescription in a single course of treatment for chronic pain with a controlled substance containing an opioid, regardless of whether the dosage is modified during that course of treatment.	Keith Fickel (717) 783-2500 Meghna Patel (717) 787-6436
Department of Human Services (DHS)
Psychiatric Rehabilitation Services 55 Pa. Code Chapter 5231	Proposed— Fall 2020	This regulation will amend psychiatric rehabilitation services for individuals 14 years of age and older with serious mental health conditions to support the transition to adulthood, implement an initiative to improve coordination between the child and adult mental health care systems, and amend outdated language throughout.	Lindsey Mauldin (717) 783-4726
Subsidized Child Care Eligibility 55 Pa. Code Chapters 3041 and 3042	Proposed— Fall 2020	This regulation will rescind Chapter 3041 and replace it with Chapter 3042 to add requirements imposed by the 2014 Reauthorization of the Child Care Development Block Grant and amend other requirements regarding redetermination, continuation of subsidy during job loss, reporting and verification, financial eligibility, and prioritized groups.	Lindsey Mauldin (717) 783-4726
Child Day Care Centers, Group Child-Care Day-Care Homes, Family Child Day Care Homes 55 Pa. Code Chapters 3270, 3280 and 3290 (# 14-542)	Final— Summer 2020	This regulation will add new requirements imposed by the 2014 Reauthorization of the Child Care Development Block Grant and other requirements, including employment, background checks, training, water safety training, and equipment.	Lindsey Mauldin (717) 783-4726
Definitions and Requirements 55 Pa. Code Chapters 123 and 133	Proposed— Fall 2020	This regulation will allow applicants for and recipients of Temporary Assistance to Needy Families (TANF) to fulfill requirements without a face-to-face interview.	Lindsey Mauldin (717) 783-4726
Medical Assistance Manual 55 Pa. Code Chapter 1101.51	Proposed— Spring 2021	This regulation will be amended to rescind the outdated ''shared space'' language at § 1101.51(b)(3) to allow for a more integrated approach to the provision of health care by multi-disciplinary and co-location arrangements.	Lindsey Mauldin (717) 783-4726
Medical Assistance Manual 55 Pa. Code Chapter 1121	Proposed— Spring 2021	This proposed regulation includes technical amendments to Title 55 of the Pennsylvania Code, Chapters 1101, 1121, 1141, 1142 and 1144. In addition to the technical amendments, the payment methodology for covered outpatient drugs has been amended in Chapter 1121 to comply with the Covered Outpatient Drugs final rule issued by CMS on 2/1/16 (81 FR 5170).	Lindsey Mauldin (717) 783-4726
Medical Assistance Manual 55 Pa. Code §§ 1101.65 and 1150.51	Proposed— Spring 2021	This regulation will be amended to rescind language at 55 Pa. Code § 1101.65(3) and § 1150.51(a) that prohibits payments to practitioners' corporations or partnerships composed of unlike practitioners.  The rescission of the prohibitive language will allow payment to be made to a group of unlike providers.	Lindsey Mauldin (717) 783-4726
Medical Marijuana in Facilities 55 Pa. Code Chapters 3270, 3280, 3290, 3800, 5310, 6400 and 6600	Proposed— Fall 2020	This regulation will amend Chapters 3270, 3280, 3290, 3800, 5310, 6400 and 6600 as directed by Section 2105 of Act 16 of 2016, the Medical Marijuana Act, regarding possession and use of medical marijuana in child care centers or other social services centers.	Lindsey Mauldin (717) 783-4726
Administration of County Children and Youth Social Service Programs 55 Pa. Code Chapter 3130	Proposed— Spring 2021	This regulation will replace Chapter 3130 to align with current practice models and support implementation of improvements consistent with the Child and Family Services Review findings and amendments to state and federal laws.	Lindsey Mauldin (717) 783-4726
Adult Protective Services 55 Pa. Code Chapter 15	Proposed— Fall 2020	This regulation will govern the investigation of allegations of abuse, neglect, exploitation or abandonment of adults between the ages of 18 and 59 years, and the provision of protective services as indicated by the results of those investigations. The authority for the regulation and resulting services is provided by Act 70 of 2010, the Adult Protective Services Act.	Lindsey Mauldin (717) 783-4726
Assisted Living Regulations 55 Pa. Code Chapter 2800	Proposed— Fall 2020	The current regulation provides standards to protect the health, safety and well-being of assisted living residents, identifying the minimum requirements to obtain a license and operate at a level of compliance necessary. The proposed revisions are needed to address industry changes in the assisted living program since the initial regulations were adopted on July 16, 2011. Current regulations limit the ability of the industry to grow and to support the development of the provider network statewide that can assist other health and safety needs of aging consumers.	Lindsey Mauldin (717) 783-4726
Child Residential and Day Treatment Facilities	Proposed— Spring 2021	The purpose of this chapter is to protect the health, safety and well-being of children receiving care in a child residential facility through the formulation, application and enforcement of minimum licensing requirements.	Lindsey Mauldin (717) 783-4726
Pennsylvania Insurance Department (PID)
Health Insurance Reserves (NAIC Model Regulation)	Fall 2020, as Final	Amendments to Chapter 84a based upon NAIC Model amendments regarding actuarial reserving requirements.	Bridget E. Burke Regulatory Coordinator (717) 787-2567
Mental Health Parity Analysis Documentation	Spring 2020, as Proposed	Creation of new Chapter 168, setting forth requirements for Mental Health Parity Analysis Documentation.	Bridget E. Burke Regulatory Coordinator (717) 787-2567
Department of Labor and Industry (L&I)
Flammable and Combustible Liquids Title 34, Part I, Chapters 14 and 14a Bureau of Occupational and Industrial Safety	Spring 2021, as Proposed	Update regulations based on Act 144 of 2012 and adopt requirements for storage and dispensing of compressed natural gas as vehicular fuel.	Matthew Kegg (717) 783-6304
Unemployment Compensation Title 34, Chapter 101 Board of Review	Fall 2020, as Proposed	Update regulation to reflect statutory and operational changes. Also, update regulations based on needs for Benefits Modernization System.	Brian Parr (717) 787-5122
Unemployment Compensation Title 34, Chapter 65 Employee Provisions	Spring 2020, as Proposed	Update regulations based on needs for Benefits Modernization System and other operational changes.	Susan Dickinson (717) 787-4403
Services for the Blind and Visually Impaired Currently Title 55, Part IV, Adult Services Manual, Subpart D Non-residential Agencies/Facilities/Services Chapter 2430 to be moved to Title 34	Winter 2020, as Proposed	Deletion of current regulations and creation of new regulations for the Business Enterprise Program to reflect operational changes, based on the transfer of the program from the Department of Welfare to L&I, Act 15 of 1999.	Stanley Swaintek (570) 826-2361
Minimum Wage Title 34, Part 12, Chapter 231 Bureau of Labor Law Compliance	Summer 2020, as Final	Revise regulations to update the executive, administrative and professional exemptions from the Minimum Wage Act of 1968. IRRC approved Final-Form regulation on January 31, 2020. Regulation cannot be published because the General Assembly has started the concurrent resolution process.	Bryan Smolock (717) 787-0606
Sign Language Interpreter and Transliterator State Registration Act, Act 57 of 2004	Winter 2020, revised Proposed	Update the regulations to ensure the protection of deaf consumers' rights and to increase the number of qualified interpreters in PA.	Melissa Hawkins (717) 783-4912
Apprenticeship EEO Regulations Title 34, Chapter 81 Equal Opportunity in Apprenticeship Programs	Summer 2020, as Proposed	Update the PA apprenticeship regulations to align with new federal EEO regulations.	Eric Ramsay (717) 787-6997
Uniform Construction Code Regulations Title 34, Part I, Chapter 405 Bureau of Occupational and Industrial Safety	Spring 2022, as Proposed	Update regulations related to lifting devices based on Act 68 of 2018 and adopt certification standards for third party inspection agencies.	Matthew Kegg (717) 787-6304
Bureau of Workers' Compensation Title 34, Chapter 123 Subchapter B. Impairment Ratings	Fall 2020, as Proposed	Update regulations to reflect new statutory provisions and changes to the IRE process enacted by Act 111 of 2018.	Marianne Saylor (717) 783-5421
Employment of Minors Title 34, Part 1, Chapter 11 Bureau of Labor Law Compliance	Spring 2020, as Proposed	Update regulations related to employment of minors to reflect 2012 updates to the Child Labor Act.	Bryan Smolock (717) 787-0606
Special Rules of Administrative Practice and Procedure Before the Workers' Compensation Appeal Board, Title 34, Part VII, Chapter 111, Workers' Compensation Appeal Board	Summer 2020, as Proposed	Modernize regulations to reflect judicial best practices in scheduling of oral argument after the parties file briefs.	Steven Loux (717) 783-7838
Department of Military and Veterans Affairs (DMVA)
Veterans' Homes Regulations 43 Pa. Code Chapter 7	Winter 2020, as Proposed	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 updated 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.	Elizabeth Pettis (717) 861-8503
Bureau of Veterans' Affairs 43 Pa. Code Chapter 5	Summer 2021, as Proposed	The Department wishes to promulgate a comprehensive update to its regulations related to the former Bureau of Veterans' Affairs that is now the Bureau of Programs, Initiatives, Reintegration and Outreach. The statutory authority for these regulations Sections 1704(7) and 7701 of the Military and Veterans Code (51 Pa.C.S.). These regulations are out-of-date. They were last updated in 1991.	Elizabeth Pettis (717) 861-8503
Fort Indiantown Gap 43 Pa. Code (new Chapter)	Spring 2022, as Proposed	Fort Indiantown Gap is owned by the Commonwealth of Pennsylvania and operated by the Department of Military and Veterans Affairs. The post is home to tens of thousands of Soldiers and civilians every year for training and other activities. Department wishes to promulgate regulatory authority and installation regulations that enhance the safety of military and civilian personnel and protect the military and Commonwealth property. The statutory authority for these regulations Chapter 7 § 708 of the Military and Veterans Code (51 Pa.C.S.).	Elizabeth Pettis (717) 861-8503
Municipal Police Officers' Education and Training Commission (MPOETC)
Administration of the Municipal Police Officers' Education and Training Program 37 Pa. Code Chapter 203 (# 17-80)	Summer 2020, as Proposed   This regulatory packet was revised and re-submitted to the OAG through the OGC in January 2020 for review and processing.	Title 53 Pa.C.S. § 2164(14) conveys powers and duties to the Municipal Police Officers' Education and Training Commission to make such rules and regulations and to perform such other duties as may be reasonably necessary or appropriate to implement the education and training program for police officers. Omnibus revisions to Chapter 203, which pertains to the certification and training of the Commonwealth's municipal police officers, are necessary to modernize these regulations, as they have not undergone a major revision since 1996. The amendments that will be proposed are the product of an extensive review project that included key stakeholders of the regulated community.	Sergeant Leslie Barr (717) 705-0843
Pennsylvania Commission on Crime and Delinquency (PCCD)
Sheriffs' and Deputy Sheriffs' Education and Training Program 37 Pa. Code Chapter 421	Fall 2020, as Proposed	The Deputy Sheriffs' Education and Training Board (Board), an advisory board within the Commission on Crime and Delinquency, plans to amend the regulations at 37 Pa. Code Chapter 421 (relating to Deputy Sheriffs' Education and Training Board) due to statutory changes in Act 114 of 2014 (Act of Jul. 9, 2014, P.L. 1006, No. 114).	Derin Myers (717) 265-8466 Debra Sandifer (717) 265-8517
Pennsylvania Emergency Management Agency (PEMA)
No regulations being developed or considered at this time.
Pennsylvania Infrastructure Investment Authority (PENNVEST)
Pennsylvania Infrastructure Investment Authority (PENNVEST) Assistance, 25 Pa. Code Section 963.14 (# 101-08)	Spring 2020, as Proposed	Revisions under consideration include: (1) Amend 25 Pa. Code § 963.14 to allow PENNVEST to award grants or principal forgiveness if a statute designates a separate funding source and indicates the award of funds should be based solely on eligibility and not affordability.	Shawn W. Weis (717) 783-6776
Pennsylvania Infrastructure Investment Authority (PENNVEST) Assistance and Clean Water State Revolving Fund 25 Pa. Code Sections 963.1—963.20, including inter alia: 963.12(a) 963.13(c) 963.13(e) 963.14 963.15(a) 963.15(c) 963.16 963.18(c) 963.20 (# 101-1008; # 101-09)	Spring 2020, as Proposed   The PENNVEST Board voted to approve the proposed rulemaking on January 29, 2020.	Revisions under consideration include, inter alia: Amendments to 25 Pa. Code §§ 963.1—963.20 to be consistent with statutory revisions imposed by P.L. 51, No. 16, enacted June 19, 2013, the Federal Water Resources Reform and Development Act of 2014, and guidance revisions implemented by the Department of Environmental Protection, to reflect updates to business practices, and to incorporate any provisions necessary to accommodate for the deletion of 25 Pa. Code § 965 in its entirety, including, but not limited to the following: (1) Amend 25 Pa. Code § 963.12(a)(1) by revising the section to provide for the eligibility of certain interior plumbing costs. (2) Delete 25 Pa. Code § 963.12(a)(3) and § 963.12(c)(3) thereby allowing PENNVEST to provide financial assistance (loan and grant) for costs associated with the purchase of land that qualify as eligible costs under § 963.11(a)(4). (3) Delete 25 Pa. Code § 963.12(a)(7) thereby allowing PENNVEST to provide financial assistance (loan and grant) for costs associated with the extraction for profit of minerals or other resources from wastewater or sludge whether the project is sponsored by a public or private actor. (4) Amend 25 Pa. Code § 963.13(c) by revising the section to provide for an amortization of advance funding loans with a term of 59 months of interest only and repayment of principal and interest on the 60th month. (5) Delete 25 Pa. Code § 963.13(e) requiring PENNVEST to set aside 10% of the available finance assistance for advance funding assistance due to a lack of demand. (6) Amend 25 Pa. Code § 963.15(a) by revising the first sentence to provide for a change in the normal loan term to allow 3 years of interest only prior to principal amortization. (7) Amend 25 Pa. Code § 963.15(c)(5) to provide that maximum interest rates on loans shall be determined based upon the unemployment rate for the applicable county in the most recent calendar year for which data has been finalized as of the application cutoff date. (8) Amend 25 Pa. Code § 963.15(c)(6) by revising the sentence to define ''bond interest rate'' to mean the rate of interest paid by the Commonwealth in its issuance of general obligation bonds immediately preceding the application cut-off date for the next regularly scheduled PENNVEST Board meeting.	Shawn W. Weis (717) 783-6776
		(9) Amend 25 Pa. Code § 963.16 to provide the parameters of a loan or bond guarantee program to be provided by PENNVEST. (10) Amend 25 Pa. Code § 963.18(c)(2)(iii) to increase the threshold for PENNVEST's prior written approval of change orders from $25,000, or 2 percent of the amount of the project's construction cost, whichever is less, to $50,000. (11) Delete 25 Pa. Code § 963.20 eliminating the requirement for a second opinion project review for projects in excess of $10M.
Pennsylvania State Police (PSP)
Training and Minimum Standards Under the Wiretapping and Electronic Surveillance Control Act 37 Pa. Code Chapter 51	Fall 2020, as Proposed	Title 18 Pa.C.S. § 5724 requires the Commissioner of the Pennsylvania State Police (PSP) and the Attorney General to establish a training course for certification related to conducting wiretapping and electronic surveillance. Revisions to Chapter 51 as it relates to officer certification/re-certification and authorization to engage in the conduct of communications interception will be proposed to adjust the training to current technology and operational needs.	Sergeant Leslie Barr (717) 705-0843
Application for purchase (partially-manufactured frame or receiver for pistol or rifle) Under Procedures and Specifications for Firearm Record Forms under the Uniform Firearms Act 37 Pa. Code Chapter 33	Summer 2020, as Proposed	Title 18 Pa.C.S. § 6111.1 requires the Pennsylvania State Police to administer the provisions of the Uniform Firearms Act. The Office of Attorney General, Official Opinion 2019-3, 49 Pa.B. 7659, establishes a partially-manufactured frame or receiver for a pistol or rifle as a firearm as defined within the Uniform Firearms Act. The purpose of the proposed rulemaking is to ensure clear guidance is given to licensees/sheriffs in processing the sale/transfer of a partially-manufactured frame or receiver for a pistol or rifle.	Sergeant Leslie Barr (717) 705-0843
Department of Revenue (DOR)
Amendments to Local Option Small Games of Chance (SGOC) 61 Pa. Code Chapter 901a	October 2020, as Proposed	The Department is proposing to replace Chapter 901 with a new Chapter 901a as a result of the amendments to the SGOC law. The proposed rulemaking will reorganize and clarify the SGOC regulations as well as incorporate necessary changes to implement Acts 2 and 184 of 2012 and Acts 90 and 92 of 2013.	John Brenner (717) 705-3906
Amendments to Realty Transfer Tax (RTT) Regulations 61 Pa. Code Chapter 91	September 2020, as Proposed	Amendments to the RTT regulations are being proposed to improve the clarity and effectiveness of the regulations. Additionally, the proposed amendments will be consistent with Department policy and language in the RTT statute.	John Brenner (717) 705-3906
iLottery [Games] 61 Pa. Code Chapter 876 (# 15-460)	Proposed rulemaking published at 49 Pa.B. 2242 (May 4, 2019); March 2020, as Final.	Act 42 of 2017 authorized the Department to promulgate ''temporary'' regulations for iLottery games, effective for two years upon publication in the Pennsylvania Bulletin. The temporary regulations for iLottery Games were published at 48 Pa.B. 1829 (March 31, 2018) and codified in the June 2018 Supplement to the Pennsylvania Code. The temporary regulations expire on March 31, 2020. The Department is promulgating permanent regulations.	Casey Fenstermaker (717) 346-1860
Department of State (DOS)
State Board of Accountancy
Competence to Supervise Attest Services 49 Pa. Code § 11.23a (# 16A-5516)	Spring 2020, as Proposed	The proposed rulemaking would provide a CPE ''safe harbor'' for licensees supervising attest services; require licensees supervising, signing or authorizing another to sign an accountant's report for attest services to comply with the competency requirements; and fix a typographical error.	Sara Fox (717) 783-3399
State Architects Licensure Board
Electronic Seals and Signing 49 Pa. Code Chapter 9 (# 16A-4111)	Spring 2020, as Proposed	The proposed regulations would update existing regulations on seals and set forth standard requirements for electronic seals and electronic signing of design documents. The goal of this proposal is to be consistent with proposed regulations of the State Registration Board for Professional Engineers, Land Surveyors and Geologists and the State Board of Landscape Architects to provide all design professionals with standards that are as consistent as possible with respect to both traditional seals and electronic seals to benefit both the design professionals and their clients.	Amanda Li (717) 783-3397
State Board of Auctioneer Examiners
Schedule of Fees 49 Pa. Code § 1.41 (# 16A-6411)	Summer 2020, as Proposed	The proposed rulemaking is needed to increase application and biennial renewal fees to provide sufficient biennial revenue to meet projected expenditures as required under section 6(a) of the Auctioneer Licensing and Trading Assistant Registration Act (63 P.S. § 734.6).	Terrie Kocher (717) 783-3397
State Board of Barber Examiners
Schedule of Fees 49 Pa. Code § 3.103 (# 16A-4230)	Summer 2020, as Proposed	The proposed rulemaking is needed to increase the application and biennial renewal fees to provide sufficient biennial revenue to meet the projected expenditures as required under section 14 of the Barbers' License Law (63 P.S. § 564).	Kelly Diller (717) 783-1261
State Board of Chiropractic
Government Employee Liability Coverage 49 Pa. Code §§ 5.17(f) and 5.41 (# 16A-4325)	Summer 2020, as Proposed	The Chiropractic Practice Act requires chiropractors to maintain professional liability insurance, including self-insurance. This regulation would permit a licensee who practices exclusively on behalf of the government to meet this requirement by reliance upon the coverage provided under the Federal Tort Claims Act or the Sovereign Immunity Act as administered by the Commonwealth's Employee Liability Self-Insurance Program.	Michelle Roberts (717) 783-7155
Commissioner of Professional and Occupational Affairs
Act 41 Regulations (Boards and Commissions have not yet assigned specific regulation numbers.)	Summer 2020, as Proposed	Act 41 was signed by the Governor on July 1, 2019, and requires all licensing boards and commissions under the Bureau of Professional and Occupational Affairs to draft regulations for the implementation of Act 41 to include methods of determining competency and terms of provisional licenses.	Jacqueline A. Wolfgang (717) 783-7200
Bureau of Commissions, Elections and Legislation
Notaries Public 4 Pa. Code, Part VIII, Subpart C (# 16-59)	Summer 2020, as Final	The rulemaking implements the act of October 9, 2013 (P.L. 609, No. 73), which adopted the Revised Uniform Law on Notarial Acts (RULONA).	Martha Brown (717) 783-0736
State Board of Cosmetology
Schedule of Fees 49 Pa. Code Chapter 7 (# 16A-4520)	Summer 2020, as Proposed	The proposed rulemaking would increase the application and biennial renewal fees to provide sufficient biennial revenue to meet the projected expenditures as required under section 14 of the Cosmetology Law (63 P.S. § 522).	Kelly Diller (717) 783-1261
State Board of Crane Operators
Schedule of Civil Penalties 49 Pa. Code Chapter 43b (# 16A-7103)	Spring 2020, as Proposed	The proposed regulation would create a schedule of civil penalties for violations of the Crane Operator Licensure Act and regulations of the State Board of Crane Operators.	Amanda Li (717) 783-1404
Bureau of Corporations and Charitable Organizations
Non-attorney Representation 19 Pa. Code, Part I, Subpart B, (new) Article VI (16-64)	Summer 2020, as Proposed	The proposed rulemaking would permit certain individuals to represent an association in an appeal or petition before the Department, superseding 1 Pa. Code § 31.21 (relating to appearance in person).	Martha Brown (717) 783-0736
State Board of Dentistry
Anesthesia Update 49 Pa. Code, Subchapter E, §§ 33.331—33.342 (# 16A-4621)	Summer 2020, as Proposed	This proposed rulemaking would update the standards for the administration of general anesthesia, deep sedation, moderate sedation, minimal sedation and nitrous oxide/oxygen analgesia in dental offices to conform to and adopt the current standards used by the dental profession.	Lisa Burns (717) 783-7162
Child Abuse Reporting Requirements 49 Pa. Code § 33.250 (# 16A-4626)	Spring 2020, as Final	This regulation updates the Board's existing regulations relating to mandatory reporting of suspected child abuse under the Child Protective Services Law (CPSL) to conform to recent amendments to the CPSL, including the requirement that all applicants and licensees of the State Board of Dentistry obtain required training in child abuse recognition and reporting.	Lisa Burns (717) 783-7162
General Revisions 49 Pa. Code Chapter 33 (# 16A-4628)	Summer 2020, as Proposed	The State Board of Dentistry has undertaken a review of existing regulations with the goal of updating the regulations and eliminating outdated and obsolete provisions. This proposed rulemaking would generally amend, update and clarify the regulations relating to fictitious names, biennial renewal, inactive status, reactivation, licensure by criteria approval, acceptable proof of professional liability insurance, use of titles, advertising, unprofessional conduct, multi-disciplinary professional corporations, exclusion of auxiliary personnel from performing radiological procedures and continuing dental education. It would also implement two new licensure categories: restricted faculty licenses (incorporating into this rulemaking the subject matter from prior Reg. # 16A-4632) and temporary volunteer dental licenses (incorporating into this rulemaking the subject matter from prior Reg. # 16A-4631).	Lisa Burns (717) 783-7162
Expansion of PHDHP Practice Sites 49 Pa. Code § 33.205b (# 16A-4633)	Summer 2020, as Final	This regulation would clarify and expand the practice settings in which public health dental hygiene practitioners (PHDHPs) may perform dental hygiene services without the supervision of a dentist.	Lisa Burns (717) 783-7162
Fees 49 Pa. Code § 33.339 (# 16A-4634)	Spring 2020, as Proposed	This proposed regulation would amend § 33.339 (relating to fees) to increase the application fees, biennial renewal fees, restricted faculty license fees and unrestricted permit fees to provide sufficient biennial revenue to meet the projected expenditures as required under section 4(b) of the Dental Law (63 P.S. § 123(b)).	Lisa Burns (717) 783-7126
State Registration Board for Professional Engineers, Land Surveyors and Geologists
Electronic Seals and Signatures 49 Pa. Code Chapter 37 (# 16A-4712)	Spring 2020, as Proposed	The proposed regulations would update existing regulations on seals and set forth standard requirements for electronic seals and electronic signing of design documents. The goal of this proposal is to be consistent with proposed regulations of the State Architects Licensure Board and the State Board of Landscape Architects to provide all design professionals with standards that are as consistent as possible with respect to both traditional seals and electronic seals to benefit both the design professionals and their clients.	Jeannie Bronshtein (717) 783-7049
State Board of Funeral Directors
Limited Liability Company 49 Pa. Code §§ 13.95, 13.96, 13.103, 13.109 and 13.110 (16A-4826)	Summer 2020, as Proposed	The proposed regulation would set forth that a limited liability company that has only two or more funeral directors as its members may be licensed as a partnership and with only a single funeral director as its sole member may be licensed as a sole proprietorship. Statutory Authority: Sections 8 and 16(a) of the Funeral Director Law, 63 P.S. §§ 479.8, 479.16(a).	Heidy Weirich (717) 783-4866
State Board of Landscape Architects
Electronic Seals and Signatures 49 Pa. Code Chapter 15 (# 16A-6112)	Spring 2020, as Proposed	The proposed regulations would update existing regulations on seals and set forth standard requirements for electronic seals and electronic signing of design documents. The goal of this proposal is to be consistent with proposed regulations of the State Architects Licensure Board and the State Registration Board for Professional Engineers, Land Surveyors and Geologists to provide all design professionals with standards that are as consistent as possible with respect to both traditional seals and electronic seals to benefit both the design professionals and their clients.	Terrie Kocher (717) 772-8528
State Board of Massage Therapy
General Revisions 49 Pa. Code §§ 20.11—20.54 (# 16A-725)	Summer 2020, as Proposed	This proposed rulemaking enacts part of the act of September 24, 2014 (P.L. 2476, No. 136), which allows massage therapists to practice in cosmetology or esthetician salons. This rulemaking also updates several provisions, including education, scope of practice, and examinations. Statutory Authority: Section 4(2) of the Massage Therapy Act, 63 P.S. § 627.4(2).	Christina Townley (717) 783-7155
State Board of Medicine
Practitioners of Oriental Medicine 49 Pa. Code Chapter 18 (# 16A-4956)	Summer 2020, as Proposed	This proposed rulemaking would revise the regulations relating to acupuncturists and practitioners of Oriental medicine (POM) to transform the current POM license into a one-time registration, make amendments to reflect legislative changes regarding acupuncturists which have occurred since the prior regulatory amendments on the topic, and to address acceptable testing scores due to new test formats. The rulemaking is in accordance to the Governor's recommendation for occupational licensure reform.	Suzanne Zerbe (717) 787-7768
Naturopathic Doctors 49 Pa. Code Chapter 18 (# 16A-4953)	Summer 2020, as Proposed	The proposed rulemaking will amend the Board's regulations to implement the Naturopathic Doctor Registration Act, Act of Nov. 3, 2016, P.L. 997, No. 128, 63 P.S. §§ 272.101—272.301, which provides for the registration of naturopathic doctors. The proposal establishes fees, registration requirements, continuing education requirements, standards of practice, required records, advertising, grounds for discipline and types of discipline.	Suzanne Zerbe (717) 787-7768
Examinations 49 Pa. Code §§ 16.1, 17.11, 17.12 and 17.12c (# 16A-4948)	Spring 2020, as Proposed	The proposed rulemaking will conform the regulation to reflect changes made by the National Board of Medical Examiners to the United States Medical Licensing Examination (USMLE) regarding limitations on the number and timing of attempts an applicant may take the various USMLE parts. The proposed rulemaking will also remove the detailed descriptions of the FLEX and Federation of State Medical Boards (FSMB) licensing examinations which have not been offered for 24 and 33 years, respectively. Statutory Authority: Section 8 of the Medical Practice Act of 1985 (63 P.S. § 422.8).	Suzanne Zerbe (717) 787-7768
Orthotic Fitter Extension of Temporary Practice Permit 49 Pa. Code Chapter 18, §§ 18.841 and 18.842 (# 16A-4947)	Summer 2020, as Proposed	The proposed rulemaking would extend the temporary practice permit from 12 months to 18 months to be consistent with National certification standards and provide permit holders with a full year to test. It would also permit an individual who has failed the certification examination three times and whose permit has expired to apply for a second permit after completing another approved education program.	Suzanne Zerbe (717) 787-7768
State Board of Examiners of Nursing Home Administrators
Continuing Education Requirements 49 Pa. Code § 39.11 (# 16A-6219)	Summer 2020, as Final	The proposed regulation amends the biennial continuing education requirement to conform with the Governor's recommendations for licensure reform that were generated by Executive Order 2017-3. The biennial requirement of 48 credit hours will be reduced to 36. Additionally, the rulemaking provides for showing of continued competence where a licensee has been inactive for a period of time.	Chris Stuckey (717) 783-4856
State Board of Occupational Therapy Education and Licensure
Educational Programs 49 Pa. Code §§ 42.1 and 42.13 (# 16A-6712)	Summer 2020, as Proposed	The State Board of Occupational Therapy Education and Licensure intends to propose this regulation to specifically recognize educational programs that are accredited by the Accreditation Council for Occupational Therapy Education (ACOTE) and other national accrediting agencies.	Christina Townley (717) 783-1389
State Board of Optometry
General Revisions 49 Pa. Code Chapter 23 (# 16A-5213)	Summer 2020, as Final	Section 3(b)(14) of the Optometric Practice and Licensure Act (act) gives the Board the authority to promulgate all rules and regulations necessary to carry out the purposes of the act. Section 5(b) of the act provides the minimal requirements for continuing education of 30 hours in a biennial period for licensed optometrists. The amendments ensure that clear guidance is given to licensees in prescribing contact lenses, reporting continuing education and the standards for accepting commercial support from the providers of continuing education.	Christina Stuckey (717) 783-7155
State Board of Osteopathic Medicine
Prescribing 49 Pa. Code § 25.218 (# 16A-5330)	Summer 2020, as Proposed	The State Board of Osteopathic Medicine proposes this rulemaking to set forth the minimum acceptable standards of practice that an osteopathic physician or physician assistant licensed by the Board must follow when prescribing, administering or dispensing drugs, including the requirements of the Safe Emergency Prescribing Act (Act 122 of 2016), the provisions of Chapter 52A of Title 35, relating to prescribing opioids to minors, and the provisions of Chapter 51 of Title 35 relating to safe opioid prescription and voluntary non-opioid directives.	Aaron Hollinger (717) 783-4858
Fees 49 Pa. Code §§ 25.231 and 25.503 (# 16A-5334)	Spring 2020, as Proposed	This proposed rulemaking provides for increased application fees and biennial renewal fees for board-regulated practitioners and is needed to ensure sufficient biennial revenue to meet expected expenditures.	Aaron Hollinger (717) 783-4858
State Board of Pharmacy
Administration of Injectable Medications, Biologicals and Immunizations 49 Pa. Code §§ 27.12 and 27.401—27.407 (# 16A-5429)	Spring 2020, as Proposed	This proposed rulemaking addresses amendments to section 9.2 of the Pharmacy Act (63 P.S. § 380-9.2) which reduce the age of patients to whom pharmacists can administer influenza immunizations and permit pharmacy interns to administer injectable medications, biologicals and immunizations.	Melanie Zimmerman (717) 783-7156
State Board of Physical Therapy
Early Exam and CE for Clinical Instruction 49 Pa. Code Chapter 27 (# 16-6522)	Summer 2020, as Proposed	This proposed rulemaking would allow physical therapist students, and physical therapist assistant students, to sit for the requisite examinations up to 90 days prior to graduation from their respective programs. Additionally, this proposed rulemaking would allow physical therapists (PTs) and physical therapist assistants (PTAs) who provide clinical instruction to student PTs and student PTAs, at clinical facilities affiliated with accredited programs, to receive credit for one (1) contact hour of continuing education for each 40 hours of clinical instruction up to a maximum of four (4) contact hours per biennial period.	Michelle Roberts (717) 783-7134
State Board of Podiatry
Continuing Education 49 Pa. Code § 29.61 (# 16A-4417)	Spring 2020, as Proposed	This proposed rulemaking would reduce the biennial requirement for continuing education, in accordance with the Governor's recommendations for licensure reform; additionally, the rulemaking would provide for the use of distance learning to satisfy the continuing education requirement and provide for exemptions.	Aaron Hollinger (717) 783-4858
State Board of Psychology
Continuing Education 49 Pa. Code § 41.59 (# 16A-6317)	Summer 2020, as Proposed	The Board, in its effort to continually review the efficacy of its regulations, has again reviewed the continuing education regulations and has determined that amendments are needed to update, revise and clarify the continuing education requirements. This proposed rulemaking would amend the requirements relating to home study, instruction and carry over.	Chris Stuckey (717) 783-7155
Code of Ethics 49 Pa. Code § 41.61 (# 16A-6324)	Summer 2020, as Proposed	This proposed rulemaking will update the Board's Code of Conduct to adopt the American Psychological Association's (APA) Ethical Principles of Psychologists and Code of Conduct and various enumerated APA practice guidelines.	Chris Stuckey (717) 783-7155
General Revisions 49 Pa. Code § 41.31 (# 16A-6320)	Summer 2020, as Proposed	This proposed rulemaking will update the Board's regulations to conform to changes made to the Professional Psychologists Practice Act by the Act of June 23, 2016 (P.L. 379, No. 53) (Act 53 of 2016). Act 53 of 2016 clarifies the scope of practice of psychology, grants the Board the power to issue temporary licenses to out of state licensees, revises and removes some of the previous exemptions to licensure, removes the time limitation pertaining to the retaking of the licensure examinations, eliminates the requirement that at least one year of supervised experience be obtained subsequent to the granting of the doctoral degree, gives the Board the ability to bar a suspended licensee from engaging in any other form of counseling or mental health practice, and requires licensees to report multiple licensure of any other health profession. Statutory Authority: Section 3.2(2) of the Professional Psychologists Practice Act, 63 P.S. § 1203.2(2).	Chris Stuckey (717) 783-7155
State Board of Certified Real Estate Appraisers
Appraisal Management Companies 49 Pa. Code Chapter 36 (# 16A-7023)	Spring 2020, as Final-Omitted	This rulemaking updates two definitions within the Board's regulations to ensure compliance with Federal law.	Heidy Weirich (717) 783-4866
State Real Estate Commission
General Revisions 49 Pa. Code Chapter 35 (# 16A-5616)	Summer 2020, as Proposed	The proposed rulemaking would update the Commission's regulations to reflect changes in the law and practice in the industry, which include advertising and escrow requirements. Statutory Authority: Section 404 of the Real Estate Licensing and Registration Act, 63 P.S. § 455.404. This regulation was formerly entitled ''Advertising.'' The Board decided to expand the regulation to include other general updates.	Krista Linsenbach (717) 783-3658
State Board of Social Workers, Marriage and Family Therapists and Professional Counselors
Licensed Bachelor Social Worker 49 Pa. Code Chapter 47 (# 16A-6922)	Spring 2020, as Final	The rulemaking would amend the Board's regulations to implement the act of October 22, 2014 (P.L. 2884, No. 179) (Act 179) which provides for the establishment of a bachelor level social worker's license. The regulation establishes fees, licensure requirements, continuing education requirements, and standards of practice for licensed bachelor social workers.	Sandra Matter (717) 783-1389
General Revisions 49 Pa. Code Chapters 47—49 (# 16A-6923)	Summer 2020, as Proposed	The Board has undertaken a comprehensive review of its regulations relating to qualifications for licensure, supervision of clinical experience, including the provision of supervision through electronic means, and continuing education. The purpose of this rulemaking is to eliminate outdated provisions, update standards to reflect modern technology, and to modernize the Board's processes relating to licensure.	Sandra Matter (717) 783-1389
State Board of Vehicle Manufacturers, Dealers and Salespersons
Fees 49 Pa. Code § 19.4 (16A-5726)	Spring 2020, as Proposed	This proposed rulemaking would increase application fees and biennial renewal fees for licensees of the Board such that revenues would be sufficient to meet projected expenditures. Statutory Authority: Section 30(a) of the Board of Vehicles Act (Act) (63 P.S. § 818.30(a)) requires an increase in fees when the expenses incurred by the Board to meet its obligations under the Act, including enforcement, exceed revenues.	Janice Cline (717) 772-0483
State Board of Veterinary Medicine
Licensure of Euthanasia Technicians 49 Pa. Code Chapter 31 (# 16A-5726)	Spring 2020, as Proposed	This proposed rulemaking is necessary to implement the act of October 24, 2012 (P.L. 1452, No. 182) (Act 182 of 2012) which amended the Animal Destruction Method Authorization Law to require the State Board of Veterinary Medicine to register animal welfare organizations and to license euthanasia technicians to permit the organizations to purchase controlled substances and employ euthanasia technicians for the humane euthanasia of small domestic animals.	Michelle Roberts (717) 783-7134
Department of Transportation (DOT)
Registration Class Stickers 67 Pa. Code Chapter 55	Spring 2020, as Proposed	This rulemaking will delete Chapter 55 and eliminate the issuance of weight class stickers. The elimination of these stickers will result in cost savings to the Department and the regulated community.	Anita Wasko (717) 787-2171 Jeffrey Spotts (717) 787-5299
School Bus Drivers— Physical and Mental Criteria 67 Pa. Code Chapter 71	Summer 2020, as Proposed	This rulemaking will update the medical standards for school bus drivers that have brain disease, cognitive impairment or a mental/emotional disorder.	Kara N. Templeton (717) 787-2977 Jeffrey Spotts (717) 787-5299
Drivers—Physical and Mental Criteria 67 Pa. Code Chapter 83	Summer 2020, as Proposed	This rulemaking will update the medical standards for all drivers that have brain disease, cognitive impairment or a mental/emotional disorder.	Kara N. Templeton (717) 787-2977 Jeffrey Spotts (717) 787-5299
Access to and Occupancy of Highways by Driveways and Local Roads 67 Pa. Code Chapter 441	Summer 2020, as Proposed	The Department will be promulgating a regulation to rewrite the entirety of Chapter 441 and to address comments received during the promulgation of an earlier promulgated Chapter 441 regulation redefining the term ''owner.''	Bob Pento (717) 783-6265 Jeffrey Spotts (717) 787-5299
Permanent Regulation for RADAR and LIDAR for State Police and Automated Enforcement Systems 67 Pa. Code Chapter 105	Summer 2020, as Proposed	The Department will be promulgating a regulation to define proper testing and calibration of RADAR and LIDAR Systems to be used by state police and automated enforcement systems.	Anita Wasko (717) 787-2171 Jeffrey Spotts (717) 787-5299

[Pa.B. Doc. No. 20-648. Filed for public inspection May 8, 2020, 9:00 a.m.]

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