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GOVERNOR'S OFFICE

Regulatory Agenda

[34 Pa.B. 758]

   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 sixteenth 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	June, 2004, 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	June, 2004, 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	June, 2004, 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
Agricultural Conservation Easement Purchase Program/Agricultural Security Areas	July, 2004, as final.	Act 138 of 1998 and Act 14 of 2001 amended the Agricultural Area Security Law. The regulations at 7 Pa. Code Chapter 138e must be revised to implement these statutory changes. This regulation would also replace the outdated regulations at 7 Pa. Code Chapter 138, relating to agricultural security areas.	Sandra E. Robison (717) 783-3167
Maple Products	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	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	June, 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	April, 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 treated and re-applied upon agricultural lands. Numerous comments have been received with respect to drafts of this regulation, and will be addressed as the regulation proceeds.	Vance R. Wagner (717) 772-5210
Fruit Tree Improvement Program	November, 2004, 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	June, 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	September, 2004, 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	June, 2004, as final proposed omitted.	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	June, 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	December, 2004, 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	December, 2004, 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	June, 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
Wine Marketing and Research Program; Sheep and Lamb Marketing Program	March, 2004, as proposed	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
No regulations being developed or considered at this date.
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
Certified Provider (proposed new regulation)	Spring 2004	In accordance with the Job Enhancement Act of 1996, the regulation will establish professional and organizational standards that must be met in order for providers to continue packaging loans on behalf of the Department.	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)	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
Building Energy Conservation Standards 12 Pa. Code Chapter 147 (final regulation with rulemaking omitted)	Spring 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
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	February 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 October 2004.	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.	Spring, 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.	Summer, 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
Pupil Personnel Services 22 Pa. Code, Chapters 7 & 12	March 2004, as final.	These regulations define the elements of student services programs and delineate the rights and responsibilities of students. Specific revisions are necessary to make the regulations consistent with current statute and court decisions as well as current practices in student services. These regulations are promulgated under the authority of the Public School Code of 1949. 24 P. S. §§ 1-101--27-2702.	Jim Buckheit (717) 787-3787 or Ron Stainbrook (717) 787-4860
Higher Education General Provisions, Foreign Corporation Standards, Institutional Approval, Program Approval 22 Pa. Code, Chapters 31, 36, 40 & 42	September 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	July 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
Academic Standards (Appendix E, Career Education and Work) 22 Pa. Code, Chapter 4	Proposed standards published for public comment in PA Bulletin on April 12, 2003. July 2004, as final.	Chapter 4 sets forth requirements for instruction, graduation, strategic planning, and assessment based on academic standards. This additional set of standards will revise Chapter 4 by their inclusion. These regulations are promulgated under the authority of the Public School Code of 1949. 24 P. S. §§ 1-101--27-2702.	Jim Buckheit (717) 787-3787 or John C. Foster (717) 787-5530
General Vocational Education Standards 22 Pa. Code, Chapter 339	July 2004, as proposed.	Educational institutions offering vocational programming have evolved substantially since their inception. Many of the standards defining and governing those institutions were conceived over 30 years ago. 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
School Buildings 22 Pa. Code, Chapter 21	Regulations under review for possible action in late 2004	Proposed revisions to State Board of Education regulations on school facilities. These regulations are promulgated under the authority of the Public School Code of 1949. 24 P. S. §§ 1-101--27-2702.	Jim Buckheit (717) 787-3787 or Carle Dixon (717) 787-5480
Standards for Approved Private Schools 22 Pa. Code, Chapter 171 Subchapters A & B	The Secretary intends to submit revised standards in the Regulatory Review Process in 2004 since the current standards are outdated. The revised standards will reflect the changes in Chapter 14 and IDEA.	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.	Jim Buckheit (717) 787-3787 or Richard Price (717) 783-6882
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
Special Education Services and Programs--State Board of Education Regulations 22 Pa. Code, Chapter 14	Early 2004, as final.	The U. S. Department of Education provides federal funds to assist States' provision of services under the Individuals with Disabilities Education Act (Part B). A grant is available to the State Education Agency provided the State is able to demonstrate there are rules consistent with the federal regulations 934 CFR (Part 300). The proposed rule change at 14.162 which eliminates the words, an initial educational placement, will allow Pennsylvania's regulations to be consistent with the federal regulations at 34 CFR 300.505(b).	Jim Buckheit (717) 787-3787
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	Early 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
Student Attendance 22 Pa. Code, Chapter 11	Proposed regulations published for public comment in PA Bulletin on August 30, 2003.	These regulations address student enrollment and attendance. Specific revisions are necessary to make the regulations consistent with current statute and court decisions as well as current practice. These regulations are promulgated under the authority of the Public School Code of 1949. 24 P. S. §§ 1-101--27-2702.	Jim Buckheit (717) 787-3787
EMERGENCY MANAGEMENT AGENCY
No regulations being developed or considered at this time.
ENVIRONMENTAL HEARING BOARD
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.''	Mary Anne Wesdock 412-565-5245
ENVIRONMENTAL PROTECTION
Chapter 207--Noncoal Underground Mines General Safety Law	December 2003 as final	This final rulemaking consolidates the regulatory provisions implementing Section 2(f) of the General Safety Law, which regulates worker safety in noncoal mines, into Chapter 207 (Noncoal Mines). Most of these provisions were promulgated by the Department of Labor and Industry over 30 years ago and are found at Title 34, Pennsylvania Code, Chapter 33. DEP's Chapter 207 addresses the use of explosives at noncoal mines and has not been amended since its adoption in 1972. The amendments address effective safety practices in noncoal mines based on changes in the industry and DEP's administration of the program. The rulemaking incorporates by reference the U. S. Mine Safety and Health Administration's (MSHA) regulations found at 30 CFR Part 57 and includes provisions to address certification of foremen as well as the licensing and duties of blasters. A 60-day public comment period on the proposed rulemaking closed February 6, 2002. The Independent Regulatory Commission (IRRC) is tentatively scheduled to consider this final-form rulemaking at its February 12, 2004, meeting.	Paul Hummel 570-621-3444
Radionuclides Rule Safe Drinking Water Act	December 2003 as final	This rulemaking amends Chapter 109 to incorporate the provisions of the recently published federal Radionuclides Rule, which establishes a new Maximum Contaminant Level (MCL) for uranium and retains the current existing MCLs for gross alpha, combined radium-226/228 and beta and photon activity and establishes new monitoring requirements. The Radionuclides Rule applies to community water systems and does not include radon. The EQB adopted the proposed rulemaking on December 17, 2002. A 30-day public comment period closed April 7, 2003. The Water Resources Advisory Committee (WRAC) and the Small Water Systems Technical Assistance Center Board (TAC) reviewed the draft final amendments. IRRC is tentatively scheduled to consider the final-form rulemaking at its February 12, 2004, meeting.	Rod Nesmith (717) 783-9719
Filter Backwash Recycling Rule Safe Drinking Water Act	December 2003 as final	This rulemaking amends Chapter 109 to incorporate the provisions of the recently promulgated federal Filter Backwash Recycling Rule, which governs the recycling of the filter backwash water within the treatment process of public water systems (PWSs). The Rule applies to all PWSs that use a surface water source or groundwater under the direct influence of surface water, utilize direct or conventional filtration and recycle spent filter backwash water, sludge thickener supernatant or liquids from dewatering processes. The EQB adopted the proposed rulemaking on December 17, 2002. A 30-day public comment period closed on April 7, 2003. WRAC and TAC reviewed the draft final amendments. IRRC is tentatively scheduled to consider the final-form rulemaking at its February 12, 2004, meeting.	Rod Nesmith 717-783-9719
Long-Term 1 Enhanced Surface Water Treatment Rule Safe Drinking Water Act	February 2004 as final	This rulemaking amends Chapter 109 to incorporate the provisions of the recently promulgated federal Long-Term 1 Enhanced Surface Water Treatment Rule. The Rule is intended to improve the control of microbial pathogens at public water systems serving less than 10,000 people that use surface water or ground water under the direct influence of surface water (GUDI). Key provisions include strengthened combined and individual filter effluent turbidity performance standards and disinfection benchmark provisions. The EQB adopted the proposed rulemaking on May 21, 2003. A 30-day public comment period closed on August 25, 2003. WRAC and TAC reviewed the draft final amendments.	Phil Consonery 717-772-2184
Lake Redesignations Package Clean Streams Law	February 2004 as proposed	This proposal identifies three lakes that should be redesignated based upon the review of physical data, including fishery data from the Pennsylvania Fish and Boat Commission. These lakes include: Blue Marsh Reservoir (Berks County), Lake Luxembourg (Bucks County), and Walker Lake (Snyder County). The purpose of these proposed redesignations is to provide the correct aquatic life use designation in the water quality standards for these Commonwealth lakes. WRAC reviewed a draft of the proposal in January 2004.	Carol Young 717-783-2952

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