NOTICES
GOVERNOR'S OFFICE
Regulatory Agenda
[35 Pa.B. 3704] Executive Order 1996-1 requires agencies under the jurisdiction of the Governor to submit for publication an agenda of regulations under development or consideration. The following is the 19th 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 3 Fair Hearings and Appeals June 2006, 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
717-783-6207PA Code Title VI Chapter 21 Domiciliary Care Services for Adults December 2007, 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
717-783-6207PA Code Title VI Chapter 15 Protective Services for Older Adults December 2006, 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
717-783-6207PA Code Title VI Chapter 23 Long Term Care Ombudsman Program December 2007, as proposed. The Department wishes to promulgate regulations for the Long Term Care Ombudsman program in order to bring it into conformity with national standards. Robert Hussar
717-783-6207PA Code Title VI Chapter 20 Family Caregiver Support Program December 2007, as proposed. A review of these regulations will be conducted in order to assure consistency with ongoing interdepartmental discussion regarding development of the family caregiver support program. Robert Hussar
717-783-6207PA Code Title VI Chapter 22 Pharmaceutical Assistance Contract for the Elderly December 2005, as proposed. A review of the PACE law and regulations is ongoing in light of the Medicare Modernization and Improvement Act and discussions about coordination of the Federal prescription drug benefit with the PACE/PACENET programs. Thomas Snedden
717-787-7313AGRICULTURE
Domestic Animal
7 Pa. Code Chapter 2December, 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). Paul Knepley,
DVM
(717) 772-2852Cervidae
7 Pa. Code Chapter 18December, 2005, as proposed. Act 190 of 2002 amended the Domestic Animal Law to require the Department to license and regulate cervidae livestock operations. Paul Knepley,
DVM
(717) 772-2852Animal Exhibition Sanitation
7 Pa. Code Chapter 21December, 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. Paul Knepley,
DVM
(717) 772-2852Maple Products
7 Pa. Code Chapter 83December, 2005, 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) 772-3234Amusement Rides
7 Pa. Code Chapter 139July, 2005, 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) 787-9089Harness Racing Commission
58 Pa. Code Chapters 181, 183, 185 and 186--190September, 2005, 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) 787-5196Fruit Tree Improvement Program
7 Pa. Code Chapter 120November, 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) 772-5222Pesticide Regulations
7 Pa. Code Chapter 128January, 2006, 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) 772-5214Certification of Virus-Tested Geraniums
7 Pa. Code Chapter 122September, 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) 772-5222Chemsweep Regulations
7 Pa. Code Chapter 128bDecember, 2005, 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. Phil Pitzer
(717) 772-5206Nutrient Management Certification Program
7 Pa. Code Chapter 130bSeptember, 2005, as final 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) 772-4189Fertilizer Regulations
7 Pa. Code Chapter 73November, 2006, 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) 772-5215Soil and Plant Amendment Regulations
7 Pa. Code Chapter 130aNovember, 2006, 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) 772-5215Dog Law
7 Pa. Code Chapters 23, 25 and 27August, 2005, 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) 787-4833Clean and Green Regulations
7 Pa. Code Chapter 137bNovember, 2005, as proposed. This regulation will address statutory changes made by Act 235 of 2004, and will otherwise update the current regulation. Sandra E. Robison
(717) 783-3167Seed Testing Labeling and Standards
7 Pa. Code Chapter 111June, 2006, as proposed. This regulation will supplant the current regulation and implement provisions of 3 Pa.C.S.A §§ 7101--7122 (Seed Act). Joe Garvey
(717) 787-5609General Provisions and Standards for Seed Certification
7 Pa. Code Chapter 113June, 2006, as proposed. This regulation will replace 7 Pa. Code Chapter 113 and 115 by combining them into one chapter. Chapter 113 and implement provisions of 3 Pa.C.S.A. §§ 7101--7122 (Seed Act). Joe Garvey
(717) 787-5609Commercial Manure Hauler and Broker Certification Program
7 Pa. Code Chapter 130e.July, 2005, as proposed. This will establish regulations for the newly established Commercial Manure Hauler and Broker Certification Program. This regulation will establish certification requirements for those persons commercially hauling or applying manure on behalf of an agricultural operation. Johan E. Berger
(717) 772-4189BANKING
Annual Assessment Regulation
Late 2005 Required pursuant to 17 Pa.C.S. § 503(a) and 71 P. S. § 733-204.A. Carter D. Frantz
(717) 787-1471Regulation defining unfair/unethical and improper conduct of Mortgage Business under Acts Late 2005 63 P. S. § 456.310(a); 7 P. S. § 6616(1); 7 P. S. § 6212. Carter D. Frantz
(717) 787-1471BOARD OF PARDONS
No regulations being developed or considered at this date. COMMUNITY AND ECONOMIC DEVELOPMENT
Community Development Grant Program
12 Pa. Code Chapter 141 (final regulation with rulemaking omitted)Spring 2005 The regulation will amend section 141.301 through 141.309 relating to the Section 108 Loan Program to increase the amount of loan guarantee funds available, double the duration of the loan guarantee period and provide additional security from the Commonwealth for the loan guarantee. Jill B. Busch
(717) 720-7314Building Energy Conservation Standards
12 Pa. Code Chapter 147 (final regulation with rulemaking omitted)Spring 2005 The regulation will repeal this chapter, as the statute upon which this chapter is based has been repealed by the Pennsylvania Construction Code Act. Jill B. Busch
(717) 720-7314Manufactured Housing Improvement Program Spring 2005 As required by the Manufactured Housing Improvement Act (act of November 29, 2004,
P. L. ____ , No. 158)), the department will proposed regulations governing the training and certification of new manufactured home installers; the training of those persons who inspect the installation of new manufactured homes in PA; and the enforcement of the regulations once promulgated.Jill B. Busch
(717) 720-7314COMMISSION 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 2005, as Final Form. 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; Act 85 of 2002 and Act 144 of 2002. This final form regulation will reflect all legislative changes since 1989, when existing regulations were most recently amended. Lynn Shiner
(717) 783-5153 ext. 3210CONSERVATION AND NATURAL RESOURCES
Conservation of Native Wild Plants (Chapter 45) Publish proposed rulemaking September 2006. 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
717-783-3227CORRECTIONS
Revisions to regulations governing county correctional facilities, 37 Pa. Code Chapter 95. Summer, 2005 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. Jill C. Fluck
(717) 975-4860Regulations governing State Intermediate Punishment, 37 Pa. Code, Chapter 97 Winter, 2006 as proposed The regulations will describe a sentencing alternative for offenders whose crimes were motivated by their addiction to or consumption of alcohol. The legal basis for the action is found at Section 9906 of the Act of November 19, 2004, P. L. 855, No. 112 which requires the Department of Corrections to promulgate regulations within two years of publication of the guidelines. Jill C. Fluck
(717) 975-4860EDUCATION Higher Education--General Provisions
22 Pa. Code, Chapter 31July 2005, 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 timeframe during which new institutions must achieve accreditation, update provisions for library and learning resources, address policies for marketing credit cards on campuses 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
James Gearity
(717) 787-5041Higher Education--Foreign Corporation Standards, Institutional Approval, Program Approval
22 Pa. Code, Chapters 36, 40 & 42October 2005, as proposed. These regulations are necessary to establish procedures for the approval and operation of out-of-state institutions of higher education currently operating or seeking to operate programs in the Commonwealth. They are also necessary to establish procedures for the approval and operation of independent two-year college, college, seminary or university, or for status as a State System, State-related or State-aided institution for the purposes of awarding college credits and granting degrees. They are also necessary to establish procedures for Specialized associate degree programs at a licensed trade, business, correspondence or beauty culture school which is chartered or established by statute in this Commonwealth; additional programs at a chartered two-year college, college or university which lead to degrees and which have not had prior approval consistent with the articles of incorporation; upper division undergraduate programs at junior or community colleges; additional programs of a foreign corporation approved to operate at a specific site in this Commonwealth; and, vocational educational programs at institutions desiring approval for State/Federal money allotted for vocational education. Jim Buckheit
(717) 787-3787
or
James Gearity
(717) 787-5041Certification of Professional Personnel
22 Pa. Code, Chapter 49November 2005, as final. 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
James Gearity
(717) 787-5041General Vocational Education Standards
22 Pa. Code, Chapter 339November 2005, as final. 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). Robert Barlett
(717) 787-5530Standards for Approved Private Schools
22 Pa. Code, Chapter 171 Subchapters A & BFall 2006, 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) 783-6134Regulations of the State Board of Private Academic Schools
22 Pa. Code, Chapters 51, 53, 55, 57, 61 and 63The 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.). Mary Ramirez
(717) 783-3755Academic Standards and Assessment,
22 Pa. Code, Chapter 4November 2005, as final. 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
Gerald Zahorchak
(717) 787-2127Chapter 4--Career Education and Work Academic Standards
22 Pa. Code, Chapter 4July 2005, as proposed. The Career Education and Work academic standards describe what students should know and be able to do at grades 2, 5, 8 and 11 in four areas: career awareness and preparation; career acquisition; career retention and advancement; and, entrepreneurship. Academic standards in career education and work are established in the State Board's Chapter 4 regulations. Jim Buckheit
(717) 787-3787
or
Robert Barlett
(717) 787-5530Regulations of the State Board of Private Licensed Schools
22 Pa. Code, Chapter 73Accepted by Board on November 4, 2004 and with revisions on February 17, 2005. April 2006 as proposed. These regulatory changes increase the minimum surety for schools, eliminate ''Demonstrated Competency'' as an instructor qualification, clarifies that violations of the ethics statement are enforceable, clarify last date of attendance for refund purposes, and eliminate tiered fines, setting the fine for all violations at the statutory maximum of $1,000. Patricia Landis
(717) 783-8228School Facilities
22 Pa. Code, Chapter 21October 2005, as proposed. Proposed revisions to State Board of Education regulations on school facilities. Jim Buckheit
(717) 787-3787
or
Carle Dixon
(717) 787-5480Pupil Attendance
22 Pa. Code, Chapter 11November 2005, as proposed. These regulations specify such matters as the school term, school day, minimum hours required, and school age. Jim Buckheit
(717) 787-3787
or
Harriet Dichter
(717) 346-9320 or
(717) 783-6828Students
22 Pa. Code, Chapter 12November 2005, as proposed. These regulations include a description of the services that school districts must provide to students and include in a written plan. These services, while they may differ from school to school, must include such developmental services as guidance counseling, psychological and other health services, and social work services that support a student's academic, behavioral health, personal, and social development; and diagnostic, intervention and referral services for students experiencing problems attaining educational achievement appropriate to their learning potential. Jim Buckheit
(717) 787-3787
or
Harriet Dichter
(717) 346-9320 or
(717) 783-6828Pupil Transportation
22 Pa Code, Chapter 23November 2005, as proposed. These regulations detail the responsibilities of the district board of directors regarding all aspects of pupil transportation and the state's reimbursement for approved allowable costs for transportation of pupils. Jim Buckheit
(717) 787-3787
or
Harriet Dichter
(717) 346-9320 or
(717) 783-6828EMERGENCY MANAGEMENT AGENCY
No regulations being developed or considered at this time.
ENVIRONMENTAL HEARING BOARD
PA Code Title 25 Chapter 1021 Practice and Procedure The proposed rulemaking was published in the April 9, 2005 issue of the Pennsylvania Bulletin. 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) 1021.32(a) (Filing)--Amend to allow parties to file documents in the Board's Pittsburgh office. 3) 1021.34(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) 1021.104 (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 and allow a more lenient standard for amending notices of appeal. 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. 7) 1021.91-95 (Motions)--Create a new and separate rule for summary judgment motions. 8) 1021.141 (Termination of proceedings)--Correct typographical errors. 9) 1021.101(a) (Prehearing procedure)--Eliminate the bifurcation of expert and non-expert discovery, and change certain prehearing deadlines. Mary Anne Wesdock
412-565-5245ENVIRONMENTAL PROTECTION Laboratory Accreditation Regulations
Environmental Laboratory Accreditation Act
25 Pa. Code, Chapter 252FY 05-06 Authorized by Act 90 of 2002 (Environmental Laboratory Accreditation Act), this proposal will establish standards for laboratories and set forth requirements laboratories must meet to be accredited. Richard Sheibley
717-705-2425Hazardous Waste Delisting
Solid Waste Management Act
25 Pa. Code, Chapter 261aFY 05-06 MAX Environmental Technologies, Inc. (MAX) submitted a petition to the EQB that requests the delisting of hazardous waste (K061) Electric Arc Furnace Dust (EAFD) from steel production. EAFD is treated at MAX's Yukon, PA facility. The Department is proposing to exclude (delist) MAX's treated EAFD from the lists of hazardous wastes contained in 40 CFR Subpart D of Part 261. The lists are incorporated by reference in Pennsylvania's hazardous waste regulations. Rick Shipman
(717) 787-9495Waste Facility Notification near Military Airports
Solid Waste Management Act
25 Pa. Code, §§ 271.1, 279.101 & 293.112FY 05-06 This proposed regulation is in response to a petition filed by the Department of Defense. It would amend the Municipal and Residual Waste Regulations to include military airport in the definition of ''airport.'' and require a transfer facility applicant to notify the PENNDOT's Bureau of Aviation and the Federal Aviation Administration and the airport if a proposed transfer facility or expansion is within 6 miles of an airport runway. Steve Socash
717-787-7381Land Recycling Program Amendments
Land Recycling and Environmental Remediation Standards Act
25 Pa. Code, Chapter 250FY 05-06 The proposed amendments will revise several aspects of the existing Chapter 250 regulations based upon updated scientific information. The amendments will also serve to clarify the existing regulations. Collectively, the revision of these regulations will provide additional direction to those undertaking the cleanup of a contaminated site and the cleanup standards they must meet. Tom Mellott
717-783-7816Muddy Run Unsuitable for Mining
Surface Mining Conservation and Reclamation Act
25 Pa. Code, Chapter 86FY 05-06 Based on a technical study prepared as a result of a petition submitted by Reade Township Municipal Authority, this proposed rulemaking would designate certain coal seams within the Muddy Run (Clearfield and Cambria Counties) watershed be designated as unsuitable for mining operations. Tom Callaghan
717-783-9582Storage Tank Amendments
Storage Tank and Spill Prevention Act
25 Pa. Code, Chapter 246FY 05-06 With the exception of Subchapter D (Corrective Action Process), this proposal represents comprehensive amendments to all aspects of the Storage Tank and Spill Prevention provisions of Chapter 245, which was last updated in 1997. Ray Powers
717-772-5809Reclamation of Bond Forfeiture Sites
Surface Mining Conservation and Reclamation Act
25 Pa. Code, Chapter 86FY 05-06 The proposed rulemaking will address federal Office of Surface Mining primacy conditions in 30 CFR 938.16(mm)--(qq) by revising §§ 86.187, 86.189 and 86.190 relating to bond forfeiture. Nevin Strock
717-787-6842Operator Certification Regulations
Water and Wastewater Systems Operators' Certification Act
25 Pa. Code, Chapter 302FY 05-06 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. Proposal also eliminates remaining provisions in Chapters 301, 303 and 305 Veronica Kasi
717-772-4053New Source Review
Air Pollution Control Act
25 Pa. CodeFY 05-06 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
717-787-2030Chapter 109
Safe Drinking Water Act
25 Pa. Code, Chapter 109FY 05-06 This general update will revise several sections in Chapter 109 to retain or obtain primacy, including monitoring and 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; reporting requirements for failure to monitor; and compliance determinations for the chemical contaminates. The update also will include mandatory electronic data reporting requirements. Lisa Daniels
717-772-2189Air Quality Permit Streamlining
Air Pollution Control Act
25 Pa. Code, Chapter 127FY 05-06 The proposed regulation will revise certain public notice provisions and public comment provisions to extend from 120 to 180 days the duration for temporary ''shake-down'' operation of new equipment subject to the Plan Approval requirements. Terry Black
717-787-2030Water Resources Planning
Water Resources Planning Act
25 Pa. Code, Chapter 110FY 05-06 Act 220 requires the Department to prepare regulations establishing requirements for the registration, record keeping and periodic reporting of withdrawals and withdrawal water use. The Act also specifies that the regulations include a process that water users may document and register water withdrawals or consumptive use reduction practices or projects, groundwater recharge or conservation for consideration in providing recognition and credit during implementation of existing or future water supply programs. Stuart Gansell
(717) 783-7420Emissions Testing and Monitoring Fees And Volatile Organic Compound Definition
Revision
25 Pa. Code, Chapter 130, Subchapter CFY 05-06 The proposed regulation will delete the definition of volatile organic compound (VOC) in Subchapter C of Chapter 130. The existing definition precludes manufacturers of coatings from using solvents recently added to the EPA ''exempt'' solvent listing as a compliance option for formulating AIM coatings. Upon the deletion of the VOC definition in Subchapter C, the existing definition of VOC in Subsection 121.1 of Chapter 121 will be applicable to AIM coating compliance determinations. Terry Black
717-787-2030Collection and Transportation of Municipal Waste
25 Pa. Code, Chapter 285 Subchapter BFY 05-06 The proposed regulation establishes criteria for registration application or renewal denial and a requirement to submit an annual operation report. Jay Africa
717-787-8184Chapter 85--Bluff Recession and Setback Amendments
Bluff Recession and Setback Act
25 Pa. Code, Chapter 85FY 05-06 This proposal will update Chapter 85 based on the bluff study that resulted from a petition submitted by the Millcreek Township Board of Supervisors, Erie County. Andrew Zemba
717-772-5633Stream Redesignation Package
Clean Streams Law
25 Pa. Code, Chapter 93FY 05-06 This proposal will identify streams that should be re-designated to provide the correct aquatic life use designation in the water quality standards for the Commonwealth for water bodies currently being evaluated by the Department of Environmental Protection. Bonita Moore
(717) 772-4462Water Quality Toxics Management Strategy--Statement of Policy
Clean Streams Law
25 Pa. Code, Chapter 16FY 05-06 This annual review identifies amendments to the Water Quality Toxics Management Strategy--Statement of Policy. Water Quality Criteria in Appendix A, Table 1 are revised to reflect the latest scientific information and Federal guidelines for criteria development. Bonita Moore
(717) 772-4462Water Replacements and Bonding Incentives
Surface Mine Conservation and Reclamation Act
25 Pa. Code, Chapters 87 & 88FY 05-06 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
717-783-9888Environmental Protection
Multiple Statutes
25 Pa. Code, Chapters 1--977FY 05-06 The Department has initiated a comprehensive review of all regulations to bring them up-to-date and verify that they support the priorities of: increased environmental protection and improved human quality of life; sustainable energy production and use; watershed protection; community revitalization and development; mine safety; and fiscal responsibility. Action by the State Conservation Commission
Nutrient Management
25 Pa. Code, Chapter 83FY 05-06 The State Conservation Commission proposes to revise the current nutrient management regulations affecting concentrated animal operations based on advances in the sciences of agronomics and manure management, as well as public concerns with livestock agriculture. Doug Goodlander
717-787-8821
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