NOTICES

GOVERNOR'S OFFICE

Regulatory Agenda

[34 Pa.B. 3468]

   Executive Order 1996-1, requires all agencies under the jurisdiction of the Governor to submit for publication an agenda of regulations under development or consideration. The following is the seventeenth publication of the Administration's regulatory agenda, grouped by agency. Subsequent agendas will be published on the first Saturdays in February and July.

   The agendas are compiled to provide members of the regulated community advanced notice of regulatory activity. It is the intention of the Administration that these agendas will serve to increase public participation in the regulatory process.

   Agency contacts should be contacted for more information regarding the regulation and the procedure for submitting comments.

   This Agenda represents the Administration's present intentions regarding future regulations. The nature and complexity of an individual regulation obviously will determine whether and when any particular regulation listed below (as well as any considered subsequent to publication of this Agenda) is published.

Regulation Being Considered	Proposed Date of Promulgation	Need and Legal Basis for Action	Agency Contact
ADMINISTRATION
No regulations being developed or considered at this date.
AGING
Pa. Code Title VI Chapter 11 Older Adult Daily Living Centers	September 2005, as proposed.	This regulation is being reviewed for coordination with regulations from DPW and DOH. Review is also occurring as a result of Acts 169-96 and 13-97 amending the Older Adult Protective Services Act (35 P. S. §§ 10225.101--10225.5102) and of Executive Order 1996-1.	Robert Hussar 717-783-6207
Pa. Code Title VI Chapter 3 Fair Hearings and Appeals	June 2005, as proposed.	This regulation has been initially reviewed by stakeholders in response to passage of Acts 169-96 and 13-97 amending the Older Adult Protective Services Act (35 P. S. §§ 10225.101--10225.5102) and of Executive Order 1996-1. It is being reviewed internally to improve Departmental procedures and efficiencies.	Robert Hussar 717-783-6207
Pa. Code Title VI Chapter 21 Domiciliary Care Services for Adults	December 2005, as proposed.	A review of these regulations will be conducted in order to assure consistency with ongoing interdepartmental discussions regarding development of community living alternatives.	Robert Hussar 717-783-6207
Pa. Code Title VI Chapter 15 Protective Services for Older Adults	December 2004, as proposed	The law and regulations are under review in light of the decision of the Pennsylvania Supreme Court in Nixon et al. v. Commonwealth, et al., which found the current protective services law and regulations to be unconstitutional.	Robert Hussar 717-783-6207
AGRICULTURE
Domestic Animal 7 Pa. Code Chapter 2	June, 2005, as proposed.	This long-term project is intended to update the Department's regulatory authority to make it more consistent with the provisions of the Domestic Animal Law (3 Pa.C.S. §§ 2301--2389).	John Enck, VMD (717) 772-2852
Cervidae 7 Pa. Code Chapter 18	June, 2005, as proposed.	Act 190 of 2002 amended the Domestic Animal Law to require the Department to license and regulate cervidae livestock operations.	John Enck, VMD (717) 772-2852
Animal Exhibition Sanitation 7 Pa. Code Chapter 21	June, 2005, as proposed.	Act 190 of 2002 amended the Domestic Animal Law to require the Department to enforce sanitation requirements at animal exhibitions, and to regulate as necessary to meet this requirement.	John Enck, VMD (717) 772-2852
Maple Products 7 Pa. Code Chapter 83	December, 2004, as proposed.	This regulation is required by the Maple Products Act (3 Pa.C.S. §§ 6101--6112). This regulation would establish standards, product quality practices and facility requirements relating to the production of maple syrup and maple products.	Lenchen Radle (717) 772-3234
Amusement Rides 7 Pa. Code Chapter 139	July, 2004, as proposed.	This regulation will update the current regulation at 7 Pa. Code Chapter 139 to reflect changes to the Amusement Ride Inspection Act (4 P. S. §§ 401--418).	Kent D. Shelhamer (717) 787-9089
Harness Racing Commission 58 Pa. Code Chapters 181, 183, 185 and 186--190	September, 2004, as proposed.	This regulation is necessary to update current regulations, make them more user-friendly and address conditions which exist in harness racing that did not exist when the current regulations were originally promulgated. This regulation is a long-term project and would amend 58 Pa. Code Chapters 181, 183, 185 and 186--190, including the general authority of the Commission and provisions relating to associations licensed to conduct pari-mutuel wagering, individual licensing, licensing of officials, rules of the conduct of races, veterinary practices, equine health and medication, wagering, due process and disciplinary action.	Anton J. Leppler (717) 787-5196
Land application of soil and groundwater contaminated with agricultural chemicals 7 Pa. Code Chapter 130d	July, 2004, as final.	This regulation is required under the Land Recycling and Environmental Remediation Standards Act, at 35 P. S. § 6026.101 et seq. This regulation would allow soil and groundwater contaminated with agricultural chemicals to be re-applied upon agricultural lands. Numerous comments have been received with respect to drafts of this regulation, and have been addressed in the final form regulation.	Vance R. Wagner (717) 772-5210
Fruit Tree Improvement Program 7 Pa. Code Chapter 120	November, 2006, as proposed.	This regulation would facilitate interstate and international export of Pennsylvania-grown fruit tree nursery stock. This regulation would amend 7 Pa. Code Chapter 120, which provides testing and inspection standards and procedures pursuant to which fruit tree nursery stock can be certified as to quality, consistency and disease/insect-free status. The regulation would be a technical update of current provisions, would bring this program into greater conformity with programs in other states and would provide more practical assistance to participating growers.	Ruth Welliver (717) 772-5222
Pesticide Regulations 7 Pa. Code Chapter 128	December, 2004, as proposed.	This regulation will amend 7 Pa. Code Chapter 128 and is necessary to update current regulations, to make them more user friendly, address pesticide security issues, set minimum certification age requirements, dealer licensing, and changes in federal pesticide registration changes.	David Scott (717) 772-5214
Certification of Virus-Tested Geraniums 7 Pa. Code Chapter 122	September, 2006, as proposed.	This regulation would amend the current regulatory authority to update the voluntary program pursuant to which geranium producers may obtain the Department's certification of virus-tested geraniums. This amendment would establish an inspection fee to help cover the Department's costs in inspecting and testing geraniums offered for certification. This regulation would amend 7 Pa. Code Chapter 122 to: 1) expand the certification of virus-tested geraniums to include Culture-Indexed Geraniums, which are free from certain economically-important bacterial and fungal pathogens; and 2) establish a reasonable fee for the Department's inspection and certification services.	Ruth Welliver (717) 772-5222
Chemsweep Regulations 7 Pa. Code Chapter 128b	September, 2004, as final.	This regulation will amend 7 Pa. Code Chapter 128b to expand the pesticide disposal program which has been limited to agricultural pesticide products. The amendment will include all Commonwealth citizens who are in possession of cancelled, unused or suspended pesticides.	Vance Wagner (717) 772-5210
Nutrient Management Certification Program 7 Pa. Code Chapter 130b	August, 2004, as proposed	This regulation will amend 7 Pa. Code Chapter 130b and is necessary to update and correct inconsistencies in the current regulations, redefine specialist categories; allow flexibility for the Department to modify competency areas and training focus; determine additional competency area needs and clarify continuing education requirements. The revision of this regulation will allow participants in the certification program to remain qualified to meet nutrient management planning requirements established in section 7(a) of the Nutrient Management Act of 1993 (Act 6).	Johan E. Berger (717) 772-4189
Fertilizer Regulations 7 Pa. Code Chapter 73	March, 2005, as proposed.	This regulation will replace 7 Pa. Code Chapter 73 and implement provisions of 3 Pa.C.S.A. §§ 6701--6725 (Fertilizer Act).	John Breitsman (717) 772-5213
Soil and Plant Amendment Regulations 7 Pa. Code Chapter 130a	March, 2005, as proposed.	This regulation will replace 7 Pa. Code Chapter 130a and implement provisions of 3 Pa.C.S.A. §§ 6901--6921 (Soil and Plant Amendment Act).	John Breitsman (717) 772-5213
Dog Law 7 Pa. Code Chapters 23, 25 and 27	December, 2004, as proposed	House Bill 397 of 1996 accomplished revisions of the Dog Law that will necessitate regulatory revisions. This regulation is a long-term project and would amend 7 Pa. Code Chapters 23,25 and 27 to bring them into greater conformity with statutory revisions. The Dog Law (3 P. S. §§ 459-10 et seq.) is the statutory basis for this regulation.	Mary Y. Bender (717) 787-4833
Lifetime Licensure of Dogs 7 Pa. Code Chapter 21	September, 2004, as final.	This revision is necessary to make 7 Pa. Code § 21.51, regarding the insertion of microchips, consistent with the Veterinary Medicine Practice Act (63 P. S. § 485.1 et seq).	Mary Y. Bender (717) 787-4833
Wine Marketing and Research Program; Sheep and Lamb Marketing Program 7 Pa. Code Chapter 104	August, 2004, as final.	This will establish regulations for the newly-formed Pennsylvania Wine Marketing and Research Program at 7 Pa. Code Chapter 104. It will also rescind the regulations for the Sheep and Lamb Marketing Program, which is no longer in existence.	Kyle Nagurny (717) 787-2376
BANKING
Annual Assessment Regulation	Late 2004/Early 2005	Required pursuant to 17 Pa.C.S. § 503(a) and 71 P. S. § 733-204.A.	Carter D. Frantz (717) 787-1471
BOARD OF PARDONS
No regulations being developed or considered at this date.
COMMUNITY AND ECONOMIC DEVELOPMENT
Industrialized Housing and Components 12 Pa. Code Chapter 145 (final regulation)	Spring 2004	The regulation will further clarify and strengthen the Department's and third party's role in monitoring the installation of industrialized housing; adopt the ICC International Building Code; update definitions to bring them into conformance with current terminology and with proposed changes to the placement of insignia of certification; place the determination regarding the frequency of inspection reports on the inspection agency; require manufacturers to ensure that instructions for installation are given to those installing industrialized housing; and increase the fees charged by the Department to offset increases in the cost of administering and enforcing the industrialized housing program.	Jill B. Busch (717) 720-7314
Neighborhood Assistance Program 12 Pa. Code Chapter 135 (final regulation with rulemaking omitted)	Spring 2004	The regulation will repeal this chapter, as it no longer effectively fulfills the goals for which it was intended.	Jill B. Busch (717) 720-7314
Community Development Grant Program 12 Pa. Code Chapter 141 (final regulation with rulemaking omitted)	Fall 2004	The regulation will repeal Sections 141.301 through 141.309 relating to the Section 108 Loan Program, as these sections no longer effectively fulfill the goals for which they were intended.	Jill B. Busch (717) 720-7314
Building Energy Conservation Standards 12 Pa. Code Chapter 147 (final regulation with rulemaking omitted)	Fall 2004	The regulation will repeal this chapter, as the statute upon which this chapter is based will be repealed upon the effective date (expected to occur as early as April 15, 2004) of regulations required by the Pennsylvania Construction Code Act.	Jill B. Busch (717) 720-7314
Minority Business Development Authority 12 Pa. Code Chapter 81 (final regulation with rulemaking omitted)	Spring 2004	The regulation will repeal this chapter, as it no longer effectively fulfills the goals for which it was intended and impedes PMBDA's ability to be responsive and flexible to its target market.	Timothy M. Anstine (717)-720-7312
COMMISSION ON CRIME AND DELINQUENCY
Office of Victims' Services, Victims Compensation Assistance Program--Deletion of 37 Pa. Code Chapter 191, replacement with new Chapter 411	June 2004, as proposed	To create a new chapter reflecting elimination of Crime Victim's Compensation Board and inclusion of its functions under PCCD pursuant to Act 1995-27 of the Special Session on Crime; changes in terminology and operations brought about by that act and by subsequent legislation, including Act 1998-111 and its relocation of the Crime Victims Act to Purdon's Statutes Title 18 P. S. §§ 11.101--11.5102, and Act 85 of 2002.	Lynn Shiner (717) 783-5153 ext. 3210
CONSERVATION AND NATURAL RESOURCES
Conservation of Native Wild Plants (Chapter 45)	Publish proposed rulemaking March 2005.	This proposal is being developed to update existing native wild plant regulations. The legal basis for these regulations is the Wild Resource Conservation Act of 1982. This update is necessary to change the status of various plants to reflect field work completed during the last three years. Recommendations of the Rare Plant Committee and the Vascular Plant Technical Committee will be considered during the development of this proposed rulemaking.	Chris Firestone, Mike Lester and Dan Devlin 717-783-3227
CORRECTIONS
Revisions to regulations governing the Department, 37 Pa. Code Chapters 91, 93 and 94.	Summer, 2004 as proposed	The regulations will be revised to eliminate unnecessary regulations and to ensure that the Department's regulations are consistent with current legal standards concerning prison administration and operation. The legal basis for the action is found at Section 506 of the Administrative Code of 1929, 71 P. S. § 186, which grants the Secretary of Corrections the authority to prescribe regulations for the Department that are not inconsistent with law.	John S. Shaffer, Ph.D. (717) 975-4868
Revisions to regulations governing county correctional facilities, 37 Pa. Code Chapter 95.	Fall, 2004 as proposed	The regulations will be revised to eliminate unnecessary regulations and modernize necessary regulations. The legal basis for the action is found at Section 506 of the Administrative Code of 1929, 71 P. S. § 186, which grants the Secretary of Corrections the authority to prescribe regulations for county correctional institutions that are not inconsistent with law.	Catherine C. McVey (717) 975-4998
EDUCATION
Higher Education General Provisions, Foreign Corporation Standards, Institutional Approval, Program Approval 22 Pa. Code, Chapters 31, 36 and 40	November 2004, as proposed.	These regulations are necessary to establish procedures for the approval and operation of institutions of higher education in the Commonwealth. Specific revisions are necessary to clarify the intent of the chapters, modify the time frame during which new institutions must achieve accreditation, update provisions for library and learning resources, and amend regulations to accommodate for-profit baccalaureate and higher education. These regulations are promulgated under authority of the Public School Code of 1949. 24 P. S. §§ 1-101--27-2702.	Jim Buckheit (717) 787-3787         or William Larkin (717) 787-5041
Certification of Professional Personnel 22 Pa. Code, Chapter 49	December 2004, as proposed.	Revisions to these regulations are necessary to incorporate provisions of Act 48 of 1999, which requires continuing professional development for all certificated educators.	Jim Buckheit (717) 787-3787         or William Larkin (717) 787-5041
General Vocational Education Standards 22 Pa. Code, Chapter 339	November 2004, as proposed.	A revision of Chapter 339 is necessary to assist schools in developing, funding and maintaining programs that will provide the Commonwealth with a competent workforce. Discussions with the State Board of Vocational Education, as well as practitioners in that field, will be initiated to revise these standards. These regulations are promulgated under the authority of the Pennsylvania School Code, Article 18, regarding Vocational Education, and section 2502.8, regarding Vocational Education Funding. These standards are also provided for under Chapter 4 of Title 22 of the Pennsylvania Code, section 4.32(a).	Jim Buckheit (717) 787-3787         or John C. Foster (717) 787-5530
Standards for Approved Private Schools 22 Pa. Code, Chapter 171 Subchapters A and B	Fall 2004, as proposed.	These standards define the elements of Approved Private Schools and the Chartered Schools (schools for the deaf and blind). These standards contain general provisions and allowable expenses and costs. The standards are promulgated under the Authority of the Public School Code of 1949, as amended, PL 30, No. 14, March 16, 1949, P. S. Section 1-101, et. seq. The revised standards will reflect the changes in Chapter 14 and IDEA.	John Tommasini (717) 783-6134
Regulations of the State Board of Private Academic Schools 22 Pa. Code, Chapters 51, 53, 55, 57, 61 and 63	The Board has informally discussed revision of the regulations, received public input and is reviewing that input with the Department to determine appropriate next steps.	These regulations define the requirements for obtaining licensure as a Private Academic School. The Board plans to update the regulations, which were promulgated in 1988. The regulations are promulgated under the Authority of the Private Academic Schools Act (24 P. S. section 6701 et. seq.)	Eugene Heyman (717) 783-5146         or Mary Ramirez (717) 783-3755
Academic Standards and Assessment, 22 Pa. Code, Chapter 4	July 2004, as proposed	These regulations outline state academic standards that public schools must provide instruction to bring students up to proficiency and also provides for the Pennsylvania System of School Assessment, high school graduation requirements and requirements for credentials other than the high school diploma.	Jim Buckheit (717) 787-3787         or Ron Stainbrook (717) 787-4860
Regulations of the State Board of Private Licensed Schools 22 Pa. Code, Chapter 73	August 2004, as final.	These regulatory changes reduce the records requirements for schools, amend the definition of seminar to remove reference to entry level training, requires attendance at an orientation seminar prior to submission of an application for licensure, authorizes the Board to reject applications for licensure or program approval if the names of the school or the programs are misleading, mandates the maintenance of a surety bond throughout the period of licensure, requires payment of program application fees if more than one program is submitted with a new license application, and provides clarification of wording and policy.	Patricia Landis (717) 783-8228
EMERGENCY MANAGEMENT AGENCY
No regulations being developed or considered at this time.
ENVIRONMENTAL HEARING BOARD
Pa. Code Title 25 Chapter 1021 Practice and Procedure	The Environmental Hearing anticipates submitting proposed rulemaking in 2004	The Environmental Hearing Board Rules Committee has recommended the following revisions to the Board's rules of practice and procedure: 1) 1021.2 (Definitions)--Amend the definition of ''Department'' from ''Department of Environmental Resources'' to ''Department of Environmental Protection'' to reflect the agency's current title, and to add ''and other agencies, boards and commissions'' to reflect the fact that decisions of certain entities other than the Department of Environmental Protection are statutorily appealable to the Environmental Hearing Board. 2) 1021.31(a) (Filing)--Amend to allow parties to file documents in the Board's Pittsburgh office. 3) 1021.33(b) (Service by a party)--Amend to require service on other parties by overnight delivery where filing with the Board is by overnight mail or personal service. 4) 1021.82 (Prehearing memorandum)--Amend to require that copies of exhibits be attached to the prehearing memorandum as well as ''such other information as may be required in the Board's orders.'' 5) 1021.53 (Amendments)--Allow for the amendment of complaints. 6) 1021.51(g)--(j) (Commencement, form and content)--Amend who receives notice of a notice of appeal and who is named as an automatic party.	Mary Anne Wesdock 412-565-5245
ENVIRONMENTAL PROTECTION
Lake Redesignations Package Clean Streams Law 25 Pa. Code, Chapter 93	February 2004 as proposed.	This proposal identifies three lakes (Blue Marsh Reservoir, Berks County; Lake Luxembourg, Bucks County; Walker Lake, Snyder County) that should be redesignated to provide the correct aquatic life use designation in the water quality standards for these Commonwealth lakes.	Robert Frey 717-783-2952
Concentrated Animal Feeding Operations (CAFO) Program Amendments The Clean Streams Law 25 Pa. Code, Chapters. 92.5a, 91 and 92	April 2004 as proposed	The CAFO regulations are being revised in response to the recently enacted Federal CAFO Final Rule, which established mandatory requirements for all CAFOs to apply for an NPDES permit and to develop and implement a nutrient management plan. The new effluent guidelines establish performance expectations for existing and new sources to ensure appropriate storage of manure, as well as expectations for proper and effective manure and wastewater management, including compliance with the Effluent Limitation Guidelines.	Cedric Karper 717-783-7577
Chapter 86--Coal Mining Amendments Surface Mine Conservation and Reclamation Act 25 Pa. Code, § 86.6	June 2004 as final	This rulemaking adds new Section 86.6 to clarify existing statutory requirements and to ensure the regulations are no more stringent than federal requirements. This amendment provides an exemption to the regulatory requirements for coal extraction incidental to federal, state and local government-financed highway or other construction and reclamation projects. The exemption currently exists in Pennsylvania's Surface Mine Conservation and Reclamation Act.	Nevin Strock 717-787-6842
Small NOx, Stationary Internal Combustion Engines and Cement Kilns Air Pollution Control Act 25 Pa. Code, Chapters 121, 129 and 145	August 2004 as final	This rulemaking establishes a program to limit NOx emissions from smaller boilers, turbines and stationary internal combustion engines in the southeast portion of Pennsylvania.	James Stoner 717-772-3921
Triennial Review of Water Quality Standards Clean Streams Law 25 Pa. Code, Chapters 16 and 93	August 2004 as final	This rulemaking includes amendments to Chapter 93 to correct errors, update stream listings, and amend the dissolved oxygen (DO) criteria in some lakes. EPA regulations require the triennial review of states' water quality standards regulations.	Carol Young 717-783-2952
Laboratory Accreditation Regulations Environmental Laboratory Accreditation Act 25 Pa. Code, Chapter 252	August 2004 as proposed	Authorized by Act 90 of 2002 (The Environmental Laboratory Accreditation Act), this proposal will establish standards for laboratories and set forth requirements laboratories must meet to be accredited.	Richard Sheibley 717-705-2425
New Chapters 301--305--Operator Certification Regulations Water and Wastewater Systems Operators' Certification Act 25 Pa. Code	September 2004 as proposed	This proposal will implement the provisions of Act 11 of 2002, the Water and Wastewater Systems Operators' Certification Act which restructures the testing and training program for operators and enhances security provisions for all water and wastewater treatment systems in Pa.	Veronica Kasi 717-772-4053
Chapter 85--Bluff Recession and Setback Amendments Bluff Recession and Setback Act 25 Pa. Code, Chapter 85	October 2004 as proposed	A proposal is being developed to update Chapter 85 based on a recently completed bluff study that resulted from a petition submitted by the Millcreek Township Board of Supervisors, Erie County.	Andrew Zemba 717-772-5633
Chapter 109--Safe Drinking Water Act 25 Pa. Code, Chapter 109	October 2004 as proposed	This general update will revise several sections in Chapter 109 to retain or obtain primacy, including monitoring/reporting requirements for lead, copper, inorganic chemicals, volatile synthetic organic chemicals, and synthetic organic chemicals. Other sections will be clarified, such as QA/QC requirements for on-line instrumentation; monitoring/reporting requirements for disinfectants and disinfection byproducts; requirements regarding the practice of engineering, land surveying and geology; reporting requirements for failure to monitor; and comprehensive monitoring plan requirements.	Lisa Daniels 717-772-2189
Water Rights Replacements and Bonding Incentives Surface Mine Conservation and Reclamation Act 25 Pa. Code, Chapters 87 and 88	December 2004 as proposed	The rulemaking will amend Chapters 87 and 88 relating to water rights and replacement to clarify regulatory language consistent with federal regulations. It will also delete the requirement that additional funds from the Remining Financial Assurance Fund be used to complete reclamation of forfeited mine sites if the actual cost of reclamation exceeds the amount reserved in the fund.	Mick McCommons 717-783-9888
Chapters 86 and 89-- Bond Adjustment and Bituminous Mine Subsidence Control and Standards 25 Pa. Code, Chapters 86 and 89	December 2004 as final	This rulemaking amends Section 86.152(a) to require DEP to request additional bonds if changes to mining or reclamation activities cause the cost of reclamation to increase. It also amends Chapter 89 provisions dealing with subsidence control plans, subsidence control performance standards, relief from responsibility for subsidence damage, water supply replacement performance standards, and procedures for resolving both subsidence claims and water supply damage claims.	Harold Miller 717-787-3174
Chapter 245--Storage Tank Amendments Storage Tank and Spill Prevention Act 25 Pa. Code, Chapter 245	March 2005 as proposed	With the exception of Subchapter D (Corrective Action Process), this proposal represents comprehensive amendments to all other aspects of the Storage Tank and Spill Prevention Program provisions of Chapter 245, which was last updated in 1997.	Ray Powers 717-772-5809
New Source Review Air Pollution Control Act 25 Pa. Code	Contingent on outcome of pending litigation and EPA action	The Department's existing new source review (NSR) regulations will be amended to clarify existing requirements and to develop an approvable ''equivalency'' demonstration as a revision to the State Implementation Plan.	Terry Black 717-787-2030
Chapter 401--Mine Subsidence Fund Amendments Coal and Clay Mine Subsidence Insurance Act 25 Pa. Code, Chapter 401	November as final	This proposal is under the purview of the Coal and Clay Mine Subsidence Insurance (MSI) Board and will amend 25 Pa. Code Chapter 401 (Mine Subsidence Fund) to clarify terms and provisions and to remove dynamic provisions of the insurance policy, such as coverage limits, premium surcharges and policy durations, that are also contained in the Insuring Agreement of the insurance policy.	Larry Ruane 717-783-9590
Nutrient Management 25 Pa. Code, Chapter 83	September as proposed	The State Conservation Commission proposes to revise the current nutrient management regulations.	Doug Goodlander 717-787-8821

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