[27 Pa.B. 630]

[Continued from previous Web Page]

Regulation Being Considered	Proposed Date	Need and Legal Basis for Action	Agency
	for Promulgation		Contact
ENVIRONMENTAL PROTECTION
Special Protection Waters (Antidegradation) Program Clean Streams Law	January 1997, as proposed to the Environmental Quality Board (EQB).	The proposal has been developed to streamline and improve the existing program and to address EPA disapproval issues. The Department utilized a regulatory negotiation (Reg Neg) process to develop program changes; however, expediting the regulation changes has been given a high priority as a result of a Federal Court order that EPA promulgate Federal regulations to correct program disapproval issues. The Reg Neg Group included representatives of conservation groups, the regulated community, public interest groups and government. The Air and Water Quality Technical Advisory Committee (AWQTAC) has been briefed periodically on the status of the Reg Neg process and this proposal.	Carol Young, 717-787-8104
Stream Redesignation--French Creek, et al. Clean Streams Law	January 1997, as proposed to the EQB.	This proposal evaluates 18 water bodies in 18 counties for addition, deletion or modification to the Special Protection use designations or for addition of use designations for streams which were not previously listed in Chapter 93. The changes will allow wastewater treatment requirements for dischargers to be consistent with water uses actually or potentially supportable by these streams. French Creek (Chester County), Sutton Creek (Luzerne County), Cedar Run and Slate Run (Lycoming and Tioga Counties), Cove Creek (Bedford County), and Trout Run (York County) were evaluated as a result of petitions submitted to the Environmental Quality Board (EQB).	Tom Barron, 717-787-9637
Storage Tank Technical Standards Storage Tank and Spill Prevention Act	April 1997, as final to the EQB.	This proposal consists of definitional changes, the removal of language adopting the Federal underground storage tank regulations which are proposed to be codified in new Subchapter E, adoption by reference of the Federal regulations relating to lender liability, and the creation of new subchapters to establish a permitting program for storage tanks as well as separate technical and operational standards for aboveground storage tanks. The EQB adopted the proposed rulemaking in April 1996; it was published in the Pennsylvania Bulletin on June 29 with a 60-day public comment period closing August 28. A public hearing was held on August 7 in Harrisburg. The Storage Tank Advisory Committee (STAC) participated in the development of this rulemaking.	Karl Sheaffer, 717-772-5800
Corrections to Drainage Lists Clean Streams Law	March 1997, as final to the EQB.	This proposal contains corrections to several stream listings found in Chapter 93 in response to requests from DEP regional staff, the Pennsylvania Fish and Boat Commission, and the public. These nonsubstantive, corrective amendments address all or portions of streams found in 14 of the 26 drainage lists.	Tom Barron, 717-787-9637
Chapter 93--Modifications to Water Quality Standards Clean Streams Law	February 1997, as proposed to the EQB.	These revisions will address several of the principles of the Regulatory Basics Initiative and Executive Order 1996-1 and will incorporate changes needed to implement the Federal Great Lakes Water Quality Initiative (GLI). The AWQTAC and interested stakeholders in the Great Lakes Basin (for those revisions prepared to implement the GLI) will be consulted in the development of this rulemaking.	Edward Brezina, 717-787-9637
Stream Redesignations-- Maiden Creek, et al. Clean Streams Law	May 1997, as proposed to the EQB.	This proposal evaluates several water bodies for addition, deletion, or modification to the Special Protection use designations. Maiden Creek in Berks County will be evaluated in response to a petition submitted to the Environmental Quality Board.	Tom Barron, 717-783-3638
Chapters 91 & 94-- Modifications to NPDES Program Rules, Water Quality Management Permitting Rules and General Water Quality Management Provisions Clean Streams Law	April 1997, as proposed to the EQB.	These revisions will address all of the principles of the Regulatory Basics Initiative. The AWQTAC will be consulted in the development of this rulemaking.	Stuart Gansell, 717-787-8184
Chapter 103, Municipal Financial Assistance Clean Streams Law	February 1997, as proposed to the EQB.	These revisions will eliminate obsolete provisions relating to the Federal sewerage construction grants program due to the phase-out of the Federal program, and update regulations relating to the use of Land and Water Conservation Act funds for municipal sewage needs. There is currently no advisory committee established to review these funding programs.	Tony Maisano, 717-787-6744
Act 149 Sewage Facilities Amendments Act 149 amendments to the Sewage Facilities Act (Act 537)	March 1997, as final to the EQB.	The second of two rulemakings to address Act 149 amendments, this proposal offers local agencies incentives by increasing reimbursement for qualifying municipalities to administer on-lot system permitting programs and delegating the new land development planning program to local agencies. The proposal includes several exemptions and waivers from current requirements and makes numerous changes to local agency permitting procedures. Six public hearings were held throughout Pennsylvania during the 60-day public comment period which closed May 29. The SAC has been involved in the development of this rulemaking.	Milt Lauch, 717-787-3481
Stream Redesignations-- Tinicum Creek, et al. Clean Streams Law	March 1997, as final to the EQB.	Eleven streams were studied in this proposal. Five streams--Tinicum, Unami, Pine, Sideling Hill, and Lofty Creeks--were studied as a result of petitions. With the exception of Lofty Creek, which was recommended to retain its current designation of Cold Water Fishes, all streams would be provided Special Protection status.	Tom Barron, 717-787-9637
Chapter 102, Erosion Control Clean Streams Law	March 1997, as proposed to the EQB.	This proposal will include minor revisions such as eliminating obsolete terms, simplifying technical requirements for control facilities, updating and clarifying permit requirements to reflect current Federal NPDES permit requirements for construction activities, revising requirements that may be interpreted as more restrictive than Federal requirements, and establishing a minimum area of disturbance to require the development of an erosion and sedimentation control plan. The AWQTAC and the Agricultural Advisory Board (AAB) reviewed drafts of the proposed rulemaking.	Ken Reisinger, 717-787-6827
Chapter 105, Dam Safety and Waterway Management Clean Streams Law, Dam Safety and Encroachment Act	April 1997, as proposed to the EQB.	Revisions will be proposed to simplify and clarify the regulations, streamline the process for minor wetland encroachments, establish discretion to issue expedited permit decisions during site visits; simplify the application fee schedule; and clarify the Chapter 105 and 106 programs by consolidating rules and procedures for stream channels, floodways and floodplains into one regulation. The Wetlands Protection Advisory Committee (WetPAC) and the AAB will review drafts of the proposal.	Ken Reisinger, 717-787-6827
Chapter 171, Schools Administrative Code of 1929	Adopted December 1996, as proposed by the EQB.	The Department proposes to eliminate these regulations concerning general sanitation at private and public schools because of the transfers of the Eating and Drinking Program to the Department of Agriculture and the Bathing Place Program to the Department of Health. Other basic sanitation requirements such as adequate sewage disposal, safe drinking water and proper solid waste disposal are provided by existing programs in DEP.	Joseph Hoffman, 717-787-5017
Land Recycling and Environmental Remediation Standards The Land Recycling and Environmental Remediation Standards Act	May 1997, as final to the EQB.	The Land Recycling and Remediation Standards Act (Act 2 of 1995) requires the adoption of statewide health standards, appropriate mathematically valid statistical tests to define compliance with the Act, and other regulations necessary to implement the Act. The regulations will provide clear direction concerning the cleanup standards required to be met to those undertaking the cleanup of a contaminated site. The regulations will establish the test used to demonstrate compliance with these cleanup standards. The regulations will also encourage the voluntary cleanup of contaminated sites that can be reused for industrial purposes rather than siting industrial activity on land which has not previously been used for those purposes. The Cleanup Standards Scientific Advisory Board (CSSAB), created by the Act, has assisted in the development of this proposal.	Tom Fidler, 717-783-7509
Universal Waste Rule Solid Waste Management Act	March 1997, as final to the EQB.	This proposal adopts the Federal provisions to streamline the hazardous waste regulations to make it easier for consumers and businesses to recycle batteries, certain pesticides and mercury thermostats, while ensuring their safe collection, recycling, handling and treatment; and allows universal waste handlers to receive off-site hazardous waste and still qualify for a permit-by-rule status. The proposed rulemaking was published in the Pennsylvania Bulletin on August 3, 1996. The Solid Waste Advisory Committee (SWAC) reviewed the draft proposed rulemaking and the final rulemaking.	Marjorie Hughes, 717-787-6239
Chapters 270--299, Municipal and Residual Waste Amendments--Reporting Requirements/County Municipal Waste Plan Revisions Solid Waste Management Act	Adopted December 1996, as proposed by the EQB.	This proposal will contain revisions to the reporting requirements of the municipal and residual waste regulations, including elimination of 16 reporting forms by relying on information already contained in the files, other reports, or onsite facility operational reports; providing for the electronic transfer of data; deleting notary certification requirements for waste reports; and eliminating unnecessary information from existing reports. The overall volume of reporting forms is expected to be reduced by 50 percent. The proposal also allows counties to add or delete a facility to or from their county municipal waste plan through a non-substantive plan revision. The SWAC reviewed the draft proposal.	Bill Pounds, 717-787-7564
Chapters 260-270--Comprehensive Hazardous Waste Amendments Solid Waste Management Act	July 1997, as proposed to the EQB.	The amendments are a major initiative to update Pennsylvania's hazardous waste regulations and to bring the state program into conformance with the federal RCRA program by adopting large portions of the federal regulations by reference. The SWAC will review the draft proposed rulemaking.	Marjorie Hughes, 717-787-6239
Municipal Waste Revisions Solid Waste Management Act	December 1997, as proposed to the EQB.	Changes the equivalency review procedure for municipal waste permits so that once approval is given, it may be applicable statewide; revises the mandatory site inspection schedules to reduce inspections at facilities with successful environmental management programs; reduces the permit application fee and simplifies the approval process for municipal waste demonstration facilities; revises the facility design and operating standards for composting facilities to be more performance based; expand the current permit-by-rule provisions to create opportunities to reuse ''clean wastes''; revises the composting siting requirements of greater than 4 feet from the seasonal high water table; removes the prohibition of siting of some facilities within 50 feet of a property line if the adjacent landowner provides a waiver; moves the landfill liner specifications from regulations to guidance to allow for flexibility based upon technological advancements; revises leachate sampling requirements to delete parameters from quarterly sampling if not detected by monitoring; allows for leachate holding tanks and trucking for some processing facilities in lieu of connection to sewer systems or building treatment plants. The proposal will be reviewed by SWAC.	Bill Pounds, 717-787-7564
Residual Waste Revisions Solid Waste Management Act	June 1997, as proposed to the EQB.	Revises the mandatory site inspection schedules to reduce inspections at facilities with successful environmental management programs; reduces the permit application fee and simplifies the approval process for demonstration facilities; revises the facility design and operating standards for composting facilities to be more performance based; expands the current permit-by-rule provisions to create opportunities to reuse ''clean wastes''; removes the prohibition of siting some facilities within 50 feet of a property line if the adjacent landowner provides a waiver; moves the landfill liner specifications from regulations to guidance to allow for flexibility based upon technological advancements; revises leachate sampling requirements to delete parameters from quarterly sampling if not detected by monitoring; allows for leachate holding tanks and trucking for some processing facilities in lieu of connection to sewer systems or building treatment plants; allows for water resistant instead of waterproof covers; modifies the minimum for 4 feet of alternating soil requirements at landfills to allow for equivalency modeling based upon site specific conditions; clarifies when a pad is required for residual waste storage. The proposal also revises and consolidates the hazardous and residual waste used oil regulations into one chapter. The proposal will be reviewed by SWAC.	Bill Pounds, 717-787-7564
NOx Emission Reduction Requirements Air Pollution Control Act	February 1997, as proposed to the EQB.	This proposal implements a nitrogen oxides (NOx) emissions budget program consistent with the Ozone Transport Commission's (OTC) Memorandum of Understanding (MOU) on Phase II NOx reductions for the 12 Northeast Ozone Transport Region (OTR) states and the District of Columbia. This regulation will require reductions in ozone season NOx emissions from fossil-fired utility and large industrial combustion facilities in Pennsylvania in order to achieve the health-based National Ambient Air Quality Standard (NAAQS) for ozone. DEP has been working with the Air Subcommittee of AWQTAC in the development of this regulation.	Terry Black 717-787-4310
Open Market Trading Program for VOCs and NOx Air Pollution Control Act	July 1997, as proposed to the EQB.	This regulation will allow sources emitting volatile organic compounds (VOCs) and oxides of nitrogen (NOx) to trade emissions reductions among sources in order to achieve emission reduction requirements. The trading program approach will reduce the overall costs of meeting the public health and environmental goals of the NAAQS for ozone. The open market trading program will be developed with input from a stakeholders group, AWQTAC, CAC, and SBCAC in January 1997.	Terry Black, 717-787-4310
Chapter 139, Sampling and Testing Air Pollution Control Act	February 1997, as proposed to the EQB.	This amendment will revise the regulations related to sampling and testing for particulate matter to make those regulations consistent with applicable Federal requirements for sampling and reporting of particulate matter emissions. The AWQTAC reviewed the proposal.	Terry Black, 717-787-4310
Strategy for Ozone Attainment Air Pollution Control Act	March 1997, as proposed to the EQB.	DEP formed stakeholder groups to assist the Department in selecting air quality control strategies to address ozone nonattainment in the Pittsburgh and Philadelphia areas. The stakeholders evaluated control strategies to address and resolve the problem. The Pittsburgh area proposed strategies which will result in draft regulations regarding Stage II and Clean Fuels. The Department will develop the proposed SIP with input from both the AWQTAC and CAC, and involve the SBCAC if the control strategies have an impact on small businesses.	Terry Black, 717-787-4310
Alternative Emission Reduction Limitations (''Bubbles'') Air Pollution Control Act	March 1997, as proposed to the EQB.	The regulatory provisions in Chapter 128 will delete obsolete provisions that apply to sources that are no longer in operation. The AWQTAC reviewed the proposal.	Terry Black, 717-787-4310
Dry Cleaning Facilities Air Pollution Control Act	March 1997, as proposed to the EQB.	The EPA recently determined that the emissions from certain dry cleaning facilities do not contribute to the formation of ozone. As a result, the Department proposes to delete the regulations restricting emissions of these compounds from dry cleaning facilities. Drafts of the proposal were reviewed by AWQTAC.	Terry Black, 717-787-4310
Continuous Emission Monitoring (CEM) Data Availability Air Pollution Control Act	February 1997, as proposed to the EQB.	The regulatory requirements for sulfur dioxide (SO2) and the oxides of nitrogen (NOx) will be modified to recognize advances in technology and practical experience in implementing the current requirements. Drafts of the proposal were reviewed by AWQTAC.	Terry Black, 717-787-4310
Chapter 121--Definitional Changes Air Pollution Control Act	February 1997, as proposed to the EQB.	These amendments will revise the definitions of ''modification,'' ''responsible official,'' and ''secondary emissions'' for consistency with Federal definitions. Drafts of the proposal have been reviewed by AWQTAC.	Terry Black, 717-787-4310
Air Pollution Episodes Air Pollution Control Act	February 1997, as proposed to the EQB.	This revision will either delete the requirements for standby plans for air pollution episodes or require the preparation and submission of plans only upon a determination of necessity. Drafts of the proposal have been reviewed by AWQTAC.	Terry Black, 717-787-4310
National Standards of Performance for New Stationary Sources (NSPS) Air Pollution Control Act	February 1997, as proposed to the EQB.	This revision will incorporate by reference guidelines established by the EPA for existing sources of air pollution. Drafts of the proposal have been reviewed by AWQTAC.	Terry Black, 717-787-4310
Coke Ovens Air Pollution Control Act	February 1997, as proposed to the EQB.	This regulation will revise the existing coke oven requirements. The revisions will address changes in technology and reconcile the Department's regulations with the National Emission Standards for Hazardous Air Pollutants. Drafts of the proposal have been reviewed by AWQTAC.	Terry Black, 717-787-4310
Back Half Particulates Air Pollution Control Act	February 1997, as proposed to the EQB.	This regulation eliminates the requirement in Section 139.12 to include certain sample train catch. Drafts of the proposal have been reviewed by AWQTAC.	Terry Black, 717-787-4310
Malodors Air Pollution Control Act	May 1997, as proposed to the EQB.	The malodor regulations will be modified to clarify the definition of ''malodor'' and add a technology limitation to resolve malodor problems. Drafts of the proposal have been reviewed by AWQTAC.	Terry Black, 717-787-4310
Ambient Air Quality Standards (AAQS) Air Pollution Control Act	March 1997, as proposed to the EQB.	This regulation will delete the state-only ambient air quality standards for sulfates, fluorides, and hydrogen sulfide, making the state program consistent with applicable Federal requirements. Beryllium is the only substance included in Section 131.3 for which a Federal standard exists. The state standard for beryllium will be retained because of its extreme toxicity. Settled particulates will be retained because of its value in addressing citizen complaints. In addition, the sampling and analysis procedures for these standards will be deleted. Drafts of the proposal were submitted to the AWQTAC.	Terry Black, 717-787-4310
Graphic Art Systems Air Pollution Control Act	March 1997, as proposed to the EQB.	The existing regulations will be revised to be consistent with EPA regulations. Drafts of the proposal have been reviewed by AWQTAC.	Terry Black, 717-787-4310
Floating Roof Storage Tanks Air Pollution Control Act	March 1997, as proposed to the EQB.	A provision will be added to Section 129.56 which allows time for operators to repair defective components on floating roof storage tanks. Drafts of the proposal have been reviewed by AWQTAC.	Terry Black, 717-787-4310
CEM Visible Emissions Air Pollution Control Act	March 1997, as proposed to the EQB.	This revision will restructure the regulation to recognize the use of continuous emission monitors (CEMs) on some sources. Drafts of the proposal have been reviewed by AWQTAC.	Terry Black, 717-787-4310
Stage II--Refueling Vehicles Air Pollution Control Act	June 1997, as proposed to the EQB.	This regulation will revise the compliance schedules and testing requirements to be consistent with the Air Pollution Control Act. The proposal will be reviewed by AWQTAC.	Terry Black, 717-787-4310
New Source Review Air Pollution Control Act	December 1997, as proposed to the EQB.	The Department's existing new source review regulations will be reorganized and reformatted to make the requirements clear to the regulated community and to facilitate the creation and use of emission reduction credits. The Department may propose a separate rulemaking package regarding emission reduction credits. In addition, the Department will incorporate proposed changes in the Federal new source review requirements as necessary. Drafts of the proposal will be submitted to the AWQTAC, CAC, and SBCAC.	Terry Black, 717-787-4310
Fugitive Emissions--Road Dust Air Pollution Control Act	May 1997, as proposed to the EQB.	Section 123.1 will be amended to exempt fugitive emissions from unpaved roadways. AWQTAC will review the proposal.	Terry Black, 717-787-4310
Surface Coating Processes	December 1997, as proposed to the EQB.	This regulation will simplify the calculation procedure for determining compliance with Chapter 129 and consider small source exemptions to the extent possible without degrading air quality.	Terry Black, 717-787-4310
Chapter 240, Radon Certification Radon Certification Act	December 1997, as proposed to the EQB.	DEP is currently conducting workshops attended by selected individuals from the Pennsylvania certified radon community to discuss possible amendments to the current regulations which appear to be of concern to the regulated community and which do not fully address new technologies that were developed since the effective date of the 1991 radon certification regulations in Chapter 240. Draft regulations are anticipated to be developed by July 31, 1997.	William Dornsife, 717-787-2480
Radiological Health (Chapters 216, 218, 221, 223, 227, 228) Radiation Protection Act	March 1997, as proposed to the EQB.	The Department is developing amendments to its radiological health regulations which were last revised in 1983. The amendments will address technological advances, mostly in the medical profession, which have occurred since that time. Issues to be addressed include new diagnosis and treatment methods, new Federal regulations relating to industrial radiography, and particle accelerators which have changed in design and function. The amendments will offer increased protection to both employees and patients for medical diagnosis and treatment applications and address health and safety concerns, including the reduction in unnecessary exposure to patients and employees/operators. The Department will consult with its Radiation Protection Advisory Committee to solicit input on draft regulations.	Stuart Levin, 717-787-3720
Water Supply Protection/Replacement (Mining) Surface Mining Conservation and Reclamation Act	February 1997, as proposed to the EQB.	This proposal would implement certain provisions of the 1992 amendments (Act 173) to the Pennsylvania Surface Mining Conservation and Reclamation Act, and reflect certain Environmental Hearing Board and Commonwealth Court decisions relative to restoration or replacement of water supplies impacted by surface coal mining operations. There are also minor amendments to alternative revegetation standards for remining of areas previously disturbed by mining. The MRAB will be involved in the development of these regulations.	Evan Shuster, 717-787-7846
Chapter 86--Bonding, Civil Penalties, Areas Unsuitable for Mining, Surface Mining Conservation and Reclamation Act, Clean Streams Law, Bituminous Mine Subsidence and Land Conservation Act, Coal Refuse Disposal Act	Adopted November 1996, as proposed by the EQB.	Various sections are being revised to address regulations which lack clarity and those which are more stringent than federal requirements and, consequently, may hamper the Pennsylvania coal industry's ability to compete effectively. Changes will involve self-bonding, procedures for release of bonds and bond forfeiture, the calculation of civil penalties, procedures for assessing and appealing civil penalties, and unsuitable for mining procedural changes. The MRAB reviewed the proposal.	Evan Shuster, 717-787-7846

[Continued on next Web Page]

---

No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.

---