[28 Pa.B. 3127]
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Regulation Being Considered Proposed Date Need and Legal Basis for Action Agency for Promulgation Contact Radiation Transportation Emergency Response Fund
4 Pa. Code Chapter 117September, 1998, as proposed. Needed to simplify grant program. Mark Goodwin (717) 651-2010 ENVIRONMENTAL HEARING BOARD
25 PA Code §§ 1021 Proposed will be in final form by the summer of 1998. The regulations are being reviewed and revised on an ongoing basis. The revisions and additions to Chapter 1021 are meant to improve the practice and procedure before the Board and to provide the regulated community, the Department of Environmental Protection, and other potential litigants with more specific guidance on how to represent their interests before the Board. The legal basis for the regulation is § 5 of the Environmental Hearing Board Act (35 P. S. § 7515). Kimberly Hafner 717-787-3483 ENVIRONMENTAL PROTECTION
Special Protection Waters (Antidegradation) Program Clean Streams Law December 1998, as final to the EQB. This proposal has been developed to streamline and improve the existing program and to address EPA disapproval issues. EPA promulgated regulations for Pennsylvania in December 1996. The EQB received over 1,700 comments on its proposed rulemaking which was published March 22, 1997. The Department has considered and responded to comments and published an Advance Notice of Final Rulemaking (ANFR) in July 1998. The Water Resources Advisory Committee (WRAC) was briefed on the ANFR and will review the final rulemaking. Carol Young, 717-787-4686 Stream Redesignations French Creek, et al. (Part B) Clean Streams Law March 1999, as final to the EQB. This package contains recommendations for Browns Run (Warren County) and Trout Run (York County) which were evaluated as a result of petitions submitted to the EQB. Initially proposed in January 1997, there was considerable controversy surrounding the proposed redesignations. As a result of public comments, the streams will be restudied by the EQB and considered in March 1999. Also included in this package are recommendations for the lower segment of Cove Creek (T-433 Bridge to Mouth) (Bedford County) and Grimes Run (Clearfield County). These streams were removed from the original Part A package for further consideration at the request of the EQB. The EQB will reconsider them in March 1999. Tom Barron, 717-787-9637 Chapters 91, 97 & 101 Wastewater Management Clean Streams Law Date undetermined. This proposal has been developed as a result of the Regulatory Basics Initiative (RBI) and Executive Order 1996-1 and consolidates references to related water pollution control requirements into a single source, Chapter 91. The proposal will provide the regulated community and DEP greater flexibility in implementing pollution prevention measures and will provide authority for DEP to issue general water quality management permits. The Water Resources Advisory Committee (WRAC) approved this proposal in February 1997. The proposal was discussed with the Agricultural Advisory Board (AAB) in October 1997. Several sections of this rulemaking pertain to animal manure (manure storage and land application). DEP is in the midst of discussions with stakeholders and EPA regarding manure issues related to Concentrated Animal Feeding Operations (CAFOs). A draft strategy will be announced in the near future. DEP doesn't plan to finalize this rulemaking until the CAFO strategy is finalized. Milt Lauch, 717-787-8184 Chapter 94--Municipal Wasteload Management Clean Streams Law June 1998, as final to the EQB. This proposal was developed as a result of the RBI and Executive Order 1996-1 and deletes regulations related to implementation of the federal pretreatment program. These references are unnecessary because DEP has not accepted delegation of this EPA program, nor does it plan to seek delegation in the foreseeable future. The proposal also provides clarity with respect to annual reporting requirements for municipal wastewater facility permittees. WRAC approved the draft final rulemaking in May 1998. Milt Lauch, 717-787-8184 Chapters 92, 93, 95, 96 & 97 Water Quality Amendments Clean Streams Law June 1998, as proposed to the EQB. These revisions will address several of the principles of the RBI and Executive Order 1996-1. The revisions will reorganize these chapters into permitting, water quality standards and implementation chapters respectively and will make several modifications to the programs. The WRAC reviewed drafts of the proposed rulemaking. The draft proposal was discussed with the AAB in December 1997. Carol Young, 717-787-4686 Chapter 102, Erosion Control Clean Streams Law December 1998, as final to the EQB. This proposal includes 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 WRAC and the AAB will review drafts of the final rulemaking. Ken Murin, 717-787-6827 Chapter 105, Dam Safety and Waterway Management Clean Streams Law, Dam Safety and Encroachment Act December 1998, 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 Chapters 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 are reviewing drafts of the proposal. Ken Reisinger, 717-787-6827 Chapter 171, Schools Administrative Code of 1929 Date undetermined. 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. The Department is working with these agencies to ensure that all regulatory programs continue to be administered in schools. Most 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 Bottled Water Systems Permit by Rule Safe Drinking Water Act January 1999, as final to the EQB. These amendments to Chapter 109 incorporate a permit by rule for bottled water systems meeting specified criteria to streamline the permitting process. DEP formed a working group of stakeholders and other interested parties to assist in identifying and selecting implementation options. The amendments also include some changes pertaining to streamlining approval of new labels and clarifying reporting requirements as well as changes resulting from the RBI and Executive Order 1996-1. The Technical Assistance Center for Small Water Systems and WRAC will review the draft final amendments. John Wroblewski, 717-787-9037 Chapters 260-270 Comprehensive Hazardous Waste Amendments Solid Waste Management Act September 1998, as final 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 Solid Waste Advisory Committee (SWAC) will review the draft final amendments. Rick Shipman, 717-787-6239 Municipal Waste Revisions Solid Waste Management Act June 1998, as proposed to the EQB. This proposal changes the environmental assessment requirements to evaluate known and potential environmental harms vs. social and economic benefits; includes revisions to ICW permit by rule and general permit requirements; includes standards for nuisance minimization and control; modifies the closure requirements and assessment and abatement standards to be consistent with the Act 2 regulations and federal Subtitle D criteria; revises the planning and grant procedures; revises isolation distances; changes the equivalency review procedure for municipal waste permits so that once approval is given, it may be applicable statewide; revises the facility design and operating standards for composting facilities to be more performance based; revises leachate sampling requirements to delete parameters from quarterly sampling if groundwater protection will not be compromised; and allows for leachate holding tanks and trucking for some processing facilities in lieu of connection to sewer systems or building treatment plants. The draft proposal was approved by SWAC. Bill Pounds, 717-787-7564 Residual Waste Revisions Solid Waste Management Act June 1998, as proposed to the EQB. This proposal changes the definition of waste and related terms to be similar to the solid waste definitions in RCRA Subtitle C; revises definitions and final closure standards to be consistent with the Act 2 regulations; allows for industry wide coproduct determinations and recycling of scrap metal; revises performance standards for odor, noise and other nuisance control; revises isolation distances; modifies the environmental assessment requirements; revises 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; revises leachate sampling requirements to delete parameters from quarterly sampling if groundwater protection will not be compromised; allows for leachate holding tanks and trucking for some processing facilities in lieu of connection to sewer systems or building treatment plants; and modifies the attenuating soil requirements at landfills to allow for equivalency modeling based upon site specific conditions. The draft proposal was approved by SWAC. Bill Pounds, 717-787-7564 Waste Oil Amendments Solid Waste Management Act August 1998, as proposed to the EQB. This proposal consolidates the requirements for the management of used oil into one chapter. The SWAC approved the draft amendments. Bill Pounds, 717-787-7564 Aerospace Manufacturing and Rework--VOC Emission Limitations Air Pollution Control Act October 1998, as final to the EQB. This proposal establishes surface coating, adhesive, solvent cleaning, and housekeeping requirements specific to the aerospace manufacturing and rework industry. Presently, these operations are regulated, where applicable, by the general surface coating limitations contained in Section 129.52. The proposal is based on the provisions of an EPA draft Control Techniques Guidance (CTG) which specifies minimum performance levels. The proposal also deletes the requirement from Section 129.51 which requires that all equivalencies be submitted to EPA as revisions to the State Implementation Plan (SIP). The Air Quality Technical Advisory Committee (AQTAC) will review the draft final amendments. Terry Black, 717-787-4310 New Motor Vehicle Emissions Control Program Air Pollution Control Act August 1998, as final to the EQB. This proposal establishes the mechanism for Pennsylvania to opt into the National Low Emission Vehicle (NLEV) program. It allows NLEV to be a fully acceptable compliance alternative to state emission limitations established for certain new vehicles sold after a specified model year. Should the state program be implemented, the applicable model year will be determined based on the time of adoption of the final rule; however, the model year cannot be earlier than the second model year following final adoption. The AQTAC approved the draft final amendments. Arleen Shulman, 717-787-4310 Control of VOCs from Gasoline Dispensing Facilities (Stage II) Air Pollution Control Act December 1998, as final 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 strategies resulted in regulatory amendments regarding Stage II, which will result in a revision to the SIP. The AQTAC was briefed in the development of the final rulemaking. Terry Black, 717-787-4310 Air Quality Amendments--RBI #2 Air Pollution Control Act June 1998, as final to the EQB. These amendments are the second in a series of regulatory proposals implementing changes to DEP's air resource regulations resulting from the RBI. The proposal deletes portions of Chapter 128 which established alternative emission reduction limitations for certain air contamination sources; allows 45 days in Section 129.56 for repairs of defective seals on floating roof storage tanks of 40,000 gallons or more; revises Section 129.67(b)(2) to insert the term ''less water'' which was inadvertently deleted in a previous rulemaking; deletes the perchloroethylene (perc) requirements for dry cleaning facilities in Section 129.70 since EPA no longer considers perc a volatile organic compound (VOC); and deletes the Pennsylvania ambient air quality standards for sulfates and hydrogen sulfide in Chapters 131 and 139 because they are not required under the Clean Air Act. The AQTAC approved the draft final amendments. Terry Black, 717-787-4310 Malodors--RBI #3 Air Pollution Control Act November 1998, as final to the EQB. The malodor regulations will be modified to clarify the definition of ''malodor,'' add a definition for ''odor investigation'' and add a technology limitation to resolve malodor problems. Drafts of the final rulemaking will be reviewed by AQTAC. Terry Black, 717-787-4310 New Source Review Air Pollution Control Act Contingent on EPA action. 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 will incorporate proposed changes in the Federal new source review requirements as necessary. Drafts of the proposal will be reviewed by the AQTAC. EPA has proposed in its draft new source review (NSR) regulations a number of mechanisms related to generation and use of Emission Reduction Credits (ERC's), and the use of an ''area wide'' plantwide applicability limit (PAL) to address trading issues. The proposed rules were issued in July 1996, and EPA indicates that final rules are to be issued in mid 1998. With the uncertainty of the nature of the final rules, the Department cannot proceed with revisions of the existing trading regulations until the final EPA rule is promulgated. Terry Black, 717-787-4310 Gasoline Volatility Requirements--Low RVP Air Pollution Control Act July 1998, as proposed to the EQB. The Commonwealth is required to implement control strategies to demonstrate that the Pittsburgh-Beaver Valley Area will achieve the national ambient air quality standards (NAAQS) for ozone. The Department proposes to delete the term ''federal reformulated gasoline or RFG'' and eliminate RFG from the term ''compliant fuel.'' The proposed regulation will limit the volatility of gasoline sold in the Pittsburgh-Beaver Valley Area each year between May 1 and September 15. The proposal requires the sale of 7.8 Reid vapor pressure (RVP) gasoline. In addition, the Department proposes to clarify the records retention requirements in Section 126.302(c) that records to be kept on site. The AQTAC approved a draft of the proposal. Terry Black 717-787-4310 Surface Coating Processes Air Pollution Control Act August 1998, 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. The AQTAC approved the draft regulations. Terry Black, 717-787-4310 Mobile Equipment Repair and Refinishing Air Pollution Control Act December 1998, as final to the EQB. The Southwest and Southeast Ozone Stakeholder Working Groups recommended that DEP adopt programs to reduce VOC emissions from automobile refinishing. The proposed regulations establish maximum VOC content levels for automobile refinish materials used in the Commonwealth. The proposed regulation also establishes permitting requirements, pollution prevention and work practice standards. DEP is developing public information materials to inform the regulated industry of the proposed requirements. DEP will publish the proposal in August 1998 and conduct statewide public information meetings and hearings during the public comment period. The AQTAC approved the draft proposed regulations. Terry Black, 717-787-4310 Degreasing Operations Air Pollution Control Act November 1998, as proposed to the EQB. The Southwest and Southeast Ozone Stakeholder Working Groups recommended that DEP adopt programs to reduce VOC emissions from degreasing operations. The proposed regulations will establish requirements for solvent cleaning operations not presently regulated by the provisions of Section 129.63. A stakeholder group consisting of degreaser manufacturers and operators, solvent suppliers and environmental groups met several times over an eight-month period to develop a draft regulation. The AQTAC will review the draft proposed rulemaking. Terry Black, 717-787-4310 Chapter 240
Radon Certification
Radon Certification ActDecember 1998, as proposed to the EQB. DEP conducted 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, 1998. Michael Pyles, 717-783-3594 Radiological Health (Chapters 216, 218, 221, 223, 227, 228) Radiation Protection Act July 1998, as final to the EQB. The Department is amending its radiological health regulations which were last revised in 1983. The amendments address technological advances such as new diagnosis and treatment methods and particle accelerators which have changed in design and function. The amendments 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 Radiation Protection Advisory Committee (RPAC) approved the final regulations in April 1998. Stuart Levin, 717-787-3720 Radiological Health (Chapters 215, 217, 219, 220, 224, 225, 226, 230 and 232) Radiation Protection Act October 1998, as final to the EQB. The Department is updating its regulations for the control of radioactive material in preparation for becoming an Agreement State with the U.S. Nuclear Regulatory Commission (NRC). One of the NRC requirements for the agreement is to have and maintain compatible regulations with the NRC. The proposed regulations address industrial radiography, well logging, irradiators, medical uses, transportation and packaging, protection standards and licensing. The Department consulted with RPAC in developing these regulations. Stuart Levin, 717-787-3720 Chapter 86, Subchapters A and D--General Provisions and Areas Unsuitable for Mining Surface Mining Conservation and Reclamation Act, Clean Streams Law, Coal Refuse Disposal Control Act October 1998, as final to the EQB. The amendments address regulations which are more stringent than federal requirements, lack clarity, and which are inconsistent with language used in federal regulations. This proposal will be reviewed by the Mining and Reclamation Advisory Board (MRAB) in July. David Hogeman, 717-787-4761 GENERAL SERVICES
Surplus State Property
4 Pa. Code, Chapter 41Fall 1998, as proposed. With the enactment of the Commonwealth Procurement Code (Act 57 of 1998) this Chapter must be substantially amended. Further, there is a need for review and revision of these regulations to implement improvements in the transfer and disposition of state surplus property. Barbara L. Shelton
(717) 787-5295Instructions to Bidders
4 Pa. Code, Chapter 61Summer 1998, as proposed. This Chapter has been superseded and should be repealed because such instructions should not be set out in regulatory form. There is a need for flexibility which can be of benefit to the Department as well as bidders. Merle H. Ryan (717) 787-7095 General Conditions of the Construction Contract
4 Pa. Code, Chapter 63Summer 1998, as proposed. See comment for Chapter 61. Merle H. Ryan (717) 787-7095 State Art Commission
4 Pa Code, Chapter 65Summer 1998, as proposed. The legislation creating the State Art Commission was sunsetted. Merle H. Ryan (717) 787-7095 Emergency Construction Repairs
4 Pa. Code, Chapter 67Fall 1998, as proposed. The regulation should be amended to more accurately reflect present practice and to delete contract provisions. Such provisions should not be in regulatory form and their deletion will serve the same purpose as noted for Chapter 61. Merle H. Ryan (717) 787-7095 Contract Compliance
4 Pa. Code, Chapter 68Summer 1998, as proposed. Executive Order 1996-8 transferred the contract compliance responsibilities to the Department of General Services John R. McCarty (717) 783-8720 Methods of Awarding Contracts
4 Pa. Code, Chapter 69Fall 1998, as proposed. With the enactment of the Commonwealth Procurement Code (Act 57) it is necessary to conform this Chapter with the changes in the law and to address other procurement areas affected by Act 57. Barbara L. Shelton
(717) 787-5295Commonwealth Parking Facilities
4 Pa. Code, Chapter 71Winter 1998, as proposed. Amendments are required because parking locations have been changed. Ronald L. Coy (717) 783-5028
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