NOTICES
GOVERNOR'S OFFICE
Regulatory Agenda
[37 Pa.B. 3038]
[Saturday, June 30, 2007]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 twenty-third 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 (as well as any considered subsequent to publication of this Agenda) is published.
Regulation Being
ConsideredProposed Date
of PromulgationNeed and Legal Basis for Action Agency Contact ADMINISTRATION No regulations being developed or considered at this time. AGING
PA Code
Title VI
Chapter 3
Fair Hearings and AppealsDecember 2009, 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 11
Older Adult Daily Living CentersSeptember 2008, as proposed. A review of these regulations will be conducted in order to assure consistency with ongoing interdepartmental discussions regarding development of long term care services. Robert Hussar
(717) 783-6207PA Code
Title VI
Chapter 15
Protective Services for Older AdultsDecember 2008, 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 20
Family Caregiver Support ProgramDecember 2008, 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 21
Domiciliary Care Services for AdultsDecember 2009, 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 23
Long Term Care Ombudsman ProgramJune 2008, 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) 783-6207AGRICULTURE
Domestic Animal
7 Pa. Code
Chapter 2December, 2007, 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, 2007, 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, 2007, 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) 772-2852Amusement Rides
7 Pa. Code
Chapter 139July, 2007, 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). John Dillabaugh
(717) 787-6772Harness Racing Commission
58 Pa. Code
Chapters 181, 183, 185 and 186--190September, 2007, 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) 787-5196Horse Racing Commission
58 Pa. Code
Chapters 161, 163, 165, 167, 169, 171 and 173February, 2008, as proposed. This regulation is necessary to update current regulations, make them more user-friendly and address conditions which exist in thoroughbred horse 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 161, 163, 165, 167, 169, 171 and 173 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. Benjamin H. Nolt, Jr.
(717) 787-1942Pesticide Regulations
7 Pa. Code
Chapter 128July, 2007, 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) 772-5214Fertilizer Regulations
7 Pa. Code
Chapter 73September, 2008, 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 130aSeptember, 2008, 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 27October, 2008, as final 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 137bSeptember, 2007, as proposed. This regulation will address statutory changes made by Act 235 of 2004, and will otherwise update the current regulation. Douglas Wolfgang
(717) 783-3167Agricultural Conservation Easement Purchase Program Regulations
7 Pa. Code
Chapter 138eJuly, 2007, as proposed. This regulation will address statutory changes made by Act 61 of 2005 and Act 46 of 2006, and will otherwise update the current regulation. Douglas Wolfgang
(717) 783-3167Seed Testing Labeling and Standards
7 Pa. Code
Chapter 111July, 2007, 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 113July, 2007, 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) 787-5609Johne's Disease; Certified Apple Program; Fiscal Aid for Stem Rust Control; Quarantine Provisions; and Chemsweep Pesticide Disposal Program--Statement of Policy
7 Pa. Code
Chapters 11,
Subchapters B and C, 95, 123, 125, and 128aNotice of proposed rulemaking was published at 37 Pennsylvania Bulletin 951 (February 24, 2007).
August, 2007, as final.This regulation deletes unneeded or outdated regulatory provisions from five chapters of Title 7 of the Pennsylvania Code. Dwight-Jared Smith
(717) 787-8744Odor Management Plan Writer Certification
7 Pa. Code
Chapter 130fJuly, 2007, as proposed. This regulation will add section 130f to 7 Pa. Code. The regulation is required by Act 38 of 2005 (commonly referred to as ACRE). The regulation establishes certification requirements for public, commercial and independent odor management plan writers. Johan Berger
(717) 787-4189BANKING
Annual Assessment Regulation
Late 2007 Required pursuant to 17 Pa.C.S. § 503(a) and 71 P. S. § 733-204.A. Carter D. Frantz
Acting Chief Counsel
(717) 787-9573Regulations defining proper conduct of the mortgage loan business Late 2007 63 P. S. § 456.310(a); 7 P. S. § 6616(1); 7 P. S. § 6212. Carter D. Frantz
Acting Chief Counsel
(717) 787-9573Regulations governing check cashing business Late 2007 63 P. S. § 2304(1) Carter D. Frantz
Acting Chief Counsel
(717) 787-9573Regulations governing money transmission business Early 2008 7 P. S. § 6114 Carter D. Frantz
Acting Chief Counsel
(717) 787-9573BOARD OF PARDONS No regulations being developed or considered at this date. COMMUNITY & ECONOMIC DEVELOPMENT
Pennsylvania Industrial Development Authority
12 Pa. Code
Chapter 73
(Statement of Policy)Summer of 2007 The purpose of the statement of policy is to make comprehensive changes to PIDA's policy with respect to project eligibility, advanced technology designation, financial considerations, engineering guidelines, and project format. Tim Anstine
(717) 720-7312Neighborhood Assistance Program
12 Pa. Code
Chapter 135
(Statement of Policy)Summer of 2007 The purpose of the statement of policy is to update the special program priorities. Jill Busch
(717) 720-7314COMMISSION ON CRIME AND DELINQUENCY
No regulations being developed or considered at this time. CONSERVATION & NATURAL RESOURCES Conservation of Native Wild Plants
(Chapter 45)Publish proposed rulemaking September 2007. 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 3 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
(Bureau of Forestry):
(717) 783-3227
Susan Wood
(Office of Chief Counsel):
(717) 772-4171State Forests--
General Provisions
(Chapter 21)Publish proposed rulemaking June 2007. A number of revisions are needed to make this chapter more consistent with state parks regulations and to update, clarify, and correct provisions. Legal basis: The Conservation and Natural Resources Act, 71 P. S. § 1340.313 (rulemaking authority). Matt Beaver
(Bureau of Forestry):
(717) 783-0379
Susan Wood
(Office of Chief Counsel):
(717) 772-4171CORRECTIONS Revisions to the existing regulations governing county correctional facilities,
37 Pa. Code
Chapter 95.June, 2007 as final. The regulations are being revised to eliminate unnecessary regulations and amending necessary regulations to be consistent with current correctional practice. William Sprenkle
(717) 975-4965Promulgation of state intermediate punishment regulations. June, 2007, as proposed. The regulations will replace the guidelines currently in effect. Randall N. Sears
(717) 731-0444Amendments to 37 Pa. Code § 94.3(a)(2) July, 2007, as proposed. The amendment will permit the Secretary to waive the Department's requirement that an inmate serve a minimum of 9 months in a facility prior to placement in a community corrections center. Randall N. Sears
(717) 731-0444EDUCATION
Higher Education--
Institutional Approval
22 Pa. Code,
Chapter 40July 2007, as proposed. These regulations 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. Jim Buckheit
(717) 787-3787Higher Education--
Foreign Corporation Standards
22 Pa. Code,
Chapter 36July 2007, as final. 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. Jim Buckheit
(717) 787-3787Certification of Professional Personnel
22 Pa. Code,
Chapter 49July 2007, as final. Regulations outline requirements for teacher preparation, certification and professional educators. These revisions restructure the requirements for early childhood, elementary/middle school and special education teachers. They also impose new policy on continuing professional education. Jim Buckheit
(717) 787-3787
or
Sharon Brumbaugh
(717) 705-8642Standards for Approved Private Schools
22 Pa. Code,
Chapter 171
Subchapters A & CJuly 2007, as final. 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, P. L. 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) 783-6134Chapter 16 Special Education for Gifted Students
22 Pa. Code,
Chapter 16December 2007, as final. These regulations outline how special education programs and services are to be provided to students identified as gifted. Jim Buckheit
(717) 787-3787
or
Linda Rhen
(717) 705-5014Charter School Standards,
Chapter 711December 2007, as final. These Department Standards govern Charter Schools, revision is required in order to comply with IDEA 2004. Linda Rhen
(717) 705-5014
or
Sheri Rowe
(717) 783-9280Special Education Services and Programs
22 Pa. Code,
Chapter 14December 2007, as final. These regulations outline how special education services and programs are to be provided to children with disabilities. Specific revisions are necessary to incorporate the recent changes to IDEA 2004. Jim Buckheit
(717) 787-3787
or
Linda Rhen
(717) 705-5041Academic Standards and Assessment,
22 Pa. Code,
Chapter 4July 2007, 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
Diane Castelbuono
(717) 787-2127Higher Education--
Program Approval
22 Pa. Code,
Chapter 42July 2007, as proposed. These regulations establish procedures for approval of specialized associate degree programs, upper division programs at two-year and community colleges, graduate programs and vocational education programs. Jim Buckheit
(717) 787-3787General Vocational Education Standards
22 Pa. Code,
Chapter 339Fall 2007, 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 Pa. Code, section 4.32(a). Lee Burket
(717) 787-5530Regulations of the State Board of Private Academic Schools
22 Pa. Code,
Chapters 51, 53, 55, 57, 61 & 63The Board, the Department, and various subcommittees are working on preliminary draft language to be considered by leadership. Once initial approval is received, the more formal process will begin. 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. § 6701 et. Seq.). Sheri Rowe
(717) 783-9280EMERGENCY MANAGEMENT AGENCY
No regulations being developed or considered at this time. ENVIRONMENTAL HEARING BOARD
Pa. Code Title 25
Chapter 1021
Practice and ProcedureThe Board published final rulemaking of previously proposed rule changes in the Pennsylvania Bulletin on February 11, 2006. The Board may submit new proposed rulemaking in late summer or fall of 2007. The Environmental Hearing Board Rules Committee has recommended revising the Board's rules of practice and procedure to add new rules addressing the following issues: 1) default judgment; 2) withdrawal of appeals without prejudice; and 3) prepayment of penalties. The Rules Committee is also considering the clarification of existing rules as well as proposed rules on the following subjects: electronic discovery, expedited litigation, participation in litigation by parties of interest. Mary Anne Wesdock
(412) 565-5245ENVIRONMENTAL PROTECTION
Areas Unsuitable for Surface Mining
25 Pa. Code,
Chapter 86FY07-08 Proposed designation of 3,200 acre Muddy Run Watershed in NE Cambria County as unsuitable for mining. A designation would protect a drinking water supply for over 550 households. Geoff Lincoln
(717) 783-9582
glincoln@state.pa.usNoncoal Program
Noncoal Surface Mining Conservation and Reclamation Act
25 Pa. Code,
Chapter 77FY07-08 Revisions to Chapter 77 (Noncoal Mining) that govern the licensing of mine operators and permitting of mines for minerals other than coal. Specific areas for revision include clarification of permit application requirements including, hydrologic data requirements. Bill Allen
(717) 783-9580
wallen@state.pa.usOil and Gas Well Program
Oil and Gas Act
25 Pa. Code,
Chapter 78FY07-08 Revisions to Chapter 78 (Oil and Gas Wells) that governs the drilling, operation and plugging of oil and gas wells. Includes changes to bond amount and plugging procedures to attain a more effective seal; quantity and quality for replacement water supplies as well as adequate operation and maintenance; and alternate requirements for casing, cementing and plugging wells through mineable coal seams to facilitate future mining through the wells or recovery of coal bed methane prior to mining. Ron Gilius
(717) 772-2199
rgilius@state.pa.usCoal Mine Reclamation
Surface Mining Conservation and Reclamation Act
25 Pa. Code,
Chapter 86FY07-08 Revisions to Chapter 86 (Surface and Underground Mining: General) to eliminate an existing reclamation fee and to provide for the reclamation of sites where the operator reclamation bond has been forfeited. Keith Brady
(717) 787-4814
kbrady@state.pa.usRemining Financial Guarantees and Federal OSM Consistency Rule
Surface Mining Conservation and Reclamation Act
25 Pa. Code,
Chapters 86, 87, and 88FY07-08 Revisions to Chapter 86--88 to include remining financial guarantees proposal, and revisions to address program conditions that are currently inconsistent with federal OSM rules, including self-bonding, decisions on incidental coal extraction, coal exploration on areas unsuitable for mining, impoundment design criteria, and disposal of noncoal waste. Bill Allen
(717) 783-9580
wallen@state.pa.usTitle 25,
Chapter 401
Mine Subsidence Insurance Fund General Provisions/The Act of August 23, 1961 (P. L. 1068, No. 484) as amended (52 P. S. §§ 3201--3225) (Act).
*See note in SummaryFY07-08 Revisions to Chapter 401 to expand Mine Subsidence Insurance (MSI) coverage to apply to appurtenances to structures as well as to structures, the removal of provisions that change periodically, such as premium rates and policy limits, so that they can be provided in the insurance policy, the explicit authority to provide grants, the option to compensate for the cost to repair or the diminution in market value (this option will allow an otherwise uninsurable to continue to carry coverage after a loss), and other editorial changes.
*Note: Section 19 of the act provides that the MSI Board has the authority to promulgate rules and regulations and to establish other provisions of the insurance policy as it deems prudent.Larry Ruane
(717) 783-9590
lruane@state.pa.usWater Supply Replacement
Surface Mining Conservation and Reclamation Act
25 Pa. Code,
Chapters 87, 88FY07-08 Revisions to Chapters 87 and 88, which will clarify what is necessary to meet the coal mine operator's obligation to permanently pay the operation and maintenance costs for replacement water supplies. Keith Brady
(717) 787-4814
kbrady@state.pa.usSurface Mine Safety
Surface Mine Conservation and Reclamation Act,
Noncoal Surface Mine Conservation and Reclamation Act,
25 Pa. Code,
Chapter 209FY07-08 Revision to Chapter 209 (Coal Mines) to adopt by reference the Federal MSHA regulations for surface coalmines and surface noncoal mines. Bill Allen
(717) 783-9580
wallen@state.pa.usMine Opening Blasting
Surface Mine Conservation and Reclamation Act
25 Pa. Code,
Chapter 89FY07-08 Revisions to Chapter 89 (Underground Mining of Coal and Coal Preparation Facilities) to better coordinate regulation of blasting of underground mine entries between surface blasting requirements and underground blasting requirements. Bill Allen
(717) 783-9580
wallen@state.pa.usBluff Recession and Setback Amendments
Bluff Recession and Setback Act
25 Pa. Code,
Chapter 85FY07-08 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) 772-5633
azemba@state.pa.usGeneral Provisions
Clean Streams Law
25 Pa. Code,
Chapter 91FY07-08 This proposal will include amendments to Chapter 91 to require a management plan as part of the permit application, and clarify issuance of innovative technology permits for wastewater treatment facilities. The proposal will also include revisions to account for changes to CAFO regulations. Parimal Parikh
(717) 787-8184
pparikh@state.pa.usWatershed Permits
Clean Streams Law
25 Pa. Code,
Chapter 92FY07-08 Revision to Chapter 92 (National Pollution Discharge Elimination System Permitting, Monitoring and Compliance--NPDES) to allow the Department to develop watershed permits in watersheds covered by a TMDL or similar allocation. John Wetherell
(717) 705-0486
jwetherell@state.pa.usBig Brook et al Redesignation Package
Clean Streams Law
25 Pa. Code,
Chapter 93FY07-08 This proposal identifies eight streams: (Big Brook (Wayne County), Beaver Creek (Chester County), Clarion River (Clarion County), Furnace Run (Lancaster and Lebanon Counties), Mill Creek (Berks County), Stone Creek (Bedford County), Wissahickon Creek (Montgomery County) and Brooke Evans Creek (Montgomery County) that should be redesignated to provide the correct aquatic life use designation in the water quality standards for these Commonwealth streams. Rodney McAllister
(717) 787-9637
romcallist@state.pa.usClark Creek et al Redesignation Package
Clean Streams Law
25 Pa. Code,
Chapter 93FY07-08 This proposal identifies nine streams: (UNT Lackawanna River (Clark Creek) (Wayne County), Upper Lehigh River (Lackawanna, Monroe, Wayne and Luzern Counties), Pine Creek (Schuykill County), UNT Conestoga Creek (Lancaster County), L. Lehigh (Lehigh and Berks Counties), Hammer Creek, (Lebanon and Lancaster Counties), Spring Mill Creek (Montgomery County), Cacoosing (Berks County), and Fishing Creek (Lancaster County) that should be redesignated to provide the correct aquatic life use designation in the water quality standards for these Commonwealth streams. Rodney McAllister
(717) 787-9637
romcallist@state.pa.usBlue Eye Run, et al (WQN) Stream Redesignation Package
Clean Streams Law
25 Pa. Code,
Chapter 93FY07-08 This proposal identifies seven stream segments: Blue Eye Run (Warren County), E. Br. Dyberry Creek (Wayne County), East Hickory Creek (Warren County), Muncy Creek (Sullivan County), Spruce Run (Union County), UNT Tunkhannock Creek (Susquehanna County), and Young Womans Creek (Clinton County) that should be redesignated to provide the correct aquatic life use designation in the water quality standards for these Commonwealth streams. Rodney McAllister
(717) 787-9637
romcallist@state.pa.usTriennial Review of Water Quality Standards
Clean Streams Law
25 Pa. Code,
Chapter 93
Water Quality Standards and Chapter 16 Water Quality Toxics Management Strategy--
Statement of PolicyFY07-08 This review identifies amendments to the Water Quality Standards and the Water Quality Toxics Management Strategy--Statement of Policy. Water Quality Criteria and Standards in Chapters 93 and 16 are revised to reflect the latest scientific information and Federal guidelines for criteria development, as required by the triennial review requirements in the Federal Clean Water Act. These amendments will also merge portions of Chapter 16 into the regulations in Chapter 93. Tom Barron
(717) 787-9637
tbarron@state.pa.usErosion and Sediment Control and Stormwater Management
Clean Streams Law
25 Pa. Code,
Chapter 102FY07-08 Several major modifications /revisions include: addition of provisions from Chapter 92 that relate to NPDES permitting requirements for discharges associated with Construction activity; incorporate post construction storm water management; incorporate buffer provisions; and revise permit requirements. Barbara Beshore
(717) 772-5961
bbeshore@state.pa.usDam Safety and Waterways Management
Dam Safety and Encroachments Act and Clean Streams Law
25 Pa. Code,
Chapter 105FY07-08 Several major modifications/revisions include: changes to permit requirements; permit application requirements; environmental assessment, and wetland replacement criteria. Troy Conrad
(717) 772-5970
tconrad@state.pa.usPublic Notification Revisions
Safe Drinking Water Act
25 Pa. Code,
Chapter 109FY07-08 Amendments to several sections in Chapter 109 to strengthen the public notification (PN) requirements for imminent threat situations. Will include enhancements to the pre-planning requirements in the Operation and Maintenance Plan and Emergency Response Plan sections, and revisions to the Tier 1 PN delivery requirements. Lisa Daniels
(717) 772-4018
ldaniels@state.pa.usStage 2
Disinfectants and Disinfection Byproducts Rule
Safe Drinking Water Act
25 Pa. Code,
Chapter 109FY07-08 This rule will implement the requirements of the federal Stage 2 DDBR that was effective March 6, 2006. The rule will require community water systems and noncommunity water systems, which treat drinking water with a primary disinfectant other than UV to conduct additional compliance monitoring for trihalomethanes and haloacetic acids. Parimal Parikh
(717) 787-8184
pparikh@state.pa.usChapter 109
General Update
Safe Drinking Water Act
25 Pa. Code,
Chapter 109FY07-08 This general update will revise several sections in Chapter 109 to retain or obtain primacy, including monitoring and reporting requirements for lead, copper, arsenic, radionuclides 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) 772-2189
ldaniels@state.pa.usWater Resources Planning
Water Resources Planning Act
25 Pa. Code,
Chapter 110FY07-08 Addition of new Chapter 110 (Water Resources) establishing requirements for the registration, record keeping and periodic reporting of water withdrawals and water uses in accordance with the Water Resources Act (Act 220 of 2002) to provide information for water resources planning and development of the State Water Plan. Susan Weaver
(717) 783-8055
suweaver@state.pa.usMicrobial Pathogens in Groundwater Rule
25 Pa. Code,
Chapter 109FY 07-08 This rulemaking will incorporate the Environmental Protection Agency's Final Ground Water Rule, which was promulgated on November 8, 2006, to provide for increased protection against microbial pathogens in public water systems that use ground water sources. John Diehl
(717) 787-9561
jdiehl@state.pa.usControl of Nitrogen Oxide (NOx) Emissions from Glass Furnaces
Air Pollution Control Act
25 Pa. Code,
Chapters 121 and 129FY07-08 The proposal would add nitrogen oxide emission reduction requirements for glass furnaces. Jim Stoner
(717) 772-3921
jastoner@state.pa.usClean Air Interstate Rule
Air Pollution Control Act
25 Pa. Code,
Chapters 121, 129 and 145FY07-08 Revise Air Quality Regulations to comply with the Federal Clean Air Interstate Rule by reducing emissions of sulfur oxides and nitrogen oxides from electric generating units. Jim Stoner
(717) 772-3921
jastoner@state.pa.usLimitations on Diesel Vehicle Idling
Air Pollution Control Act,
Chapter 126
FY07-08 New Subchapter F would place time limitations on idling of heavy-duty diesel vehicles to reduce emissions of several pollutants. Exemptions would be provided. Arleen Shulman
(717) 772-3926
ashulman@state.pa.usAir Quality Permit Streamlining
Air Pollution Control Act
25 Pa. Code,
Chapter 127FY07-08 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. Jim Stoner
(717) 772-3921
jastoner@state.pa.usControl of Nitrogen Oxide (NOx) Emissions from Cement Kilns
Air Pollution Control Act
25 Pa. Code,
Chapters 121, 129, and 145FY07-08 The proposal would add nitrogen oxide emission reduction requirements for cement kilns. Jim Stoner
(717) 772-3921
jastoner@state.pa.usPortable Fuel Containers
Air Pollution Control Act
25 Pa. Code,
Chapter 130FY07-08 The proposal would revise the portable fuel container regulation to reflect new technology. The new technology makes the containers user-friendlier and provides a slight increase in volatile organic compound and hazardous air pollutant emission reductions. Jim Stoner
(717) 772-3921
jastoner@state.pa.usConsumer Products
Air Pollution Control Act
25 Pa. Code,
Chapter 130FY07-08 The proposal would revise the consumer product regulation to add additional categories of regulated products. The revisions will reduce volatile organic compound and hazardous air pollutant emissions. Jim Stoner
(717) 772-3921
jastoner@state.pa.usAdhesives and Sealants
Air Pollution Control Act
25 Pa. Code,
Chapter 130 and Chapter 129FY07-08 The proposal would add volatile organic compound (VOC) content limits for adhesive and sealant products. Jim Stoner
(717) 772-3921
jastoner@state.pa.usRadiation Protection Program
Radiation Protection Act,
Radon Certification Act
25 Pa. Code,
Chapter 215--240FY07-08 Rewording of existing requirements and definitions for clarity; updating of U.S. Nuclear Regulatory Commission incorporation by reference citations; reinstating industrial radiography incident reporting requirement inadvertently deleted by previous rulemaking; updating radon protocols; and deleting notary requirements from radon services permit applications L. Ray Urciuolo
(717) 783-9730
lurciuolo@state.pa.usStorage Tank Amendments
Storage Tank and Spill Prevention Act
25 Pa. Code,
Chapter 245FY07-08 This final regulation represents comprehensive amendments to the Storage Tank and Spill Prevention provisions of Chapter 245, which was last updated in 1997. Ray Powers
(717) 772-5809
rapowers@state.pa.usWaste Facility Notification Near Military Airports
Solid Waste Management Act
25 Pa. Code,
§§ 271.1, 279.112, 287.1 and 293.112FY07-08 This final regulation is in response to a petition filed by the U.S. 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) 787-7381
ssocash@state.pa.usHazardous Waste Program
Solid Waste Management Act
25 Pa. Code,
Chapters 260--270FY07-08 This proposed regulation revises various chapters in Article VII (Hazardous Waste Management) of Subpart D that govern the generation, treatment, storage, transportation and disposal of hazardous waste. Rick Shipman
(717) 783-1736
dshipman@state.pa.usMunicipal and Residual Waste Amendments
Solid Waste Management Act and Waste Transportation Safety Act
25 Pa. Code,
Chapters 271--285 and 287--299FY07-08 These proposed revisions are comprehensive modifications to Municipal and Residual Waste Regulations, including: combination of similar chapters, revised definitions, additional permit-by-rule, revised coal ash beneficial use, and standardized provisions. The package will also include regulations to implement the Waste Transportation Safety Program as authorized by Act 90 of 2002. Kim Hoover
(717) 783-7514
khoover@state.pa.usAdministration of the Land Recycling Program (Act 2)
Land Recycling and Environmental Remediation Standards Act
25 Pa. Code,
Chapter 250FY07-08 Revisions to Chapter 250 (Administration of the Land Recycling Program) that govern the remediation of sites contaminated by the release of regulated substances. This proposal includes numeric Statewide Health Standards that have been revised because of updates to toxicological information and physical and chemical parameters. Other modifications include increased public notice requirements, additional requirements for postremediation care at properties where institutional and engineering controls are used, additional deed notice provisions, assuring portability of water supplies by applying federal Maximum Contaminant Levels to drinking water at points of use, and providing for notice when contamination is discovered during remedial activities. Dave Hess
(717) 783-9480
dahess@state.pa.usAlternative Fuels Incentive Grant Regulations
4 Pa. Code,
Chapter 311FY07-08 The Alternate Fuels Incentive Grant Fund regulations were adopted under the authority of 75 Pa.C.S. §§ 7201--7204, which created the Alternative Fuels Incentive Grant Fund in December 1992. On November 29, 2004, the Alternative Fuels Incentive Act repealed this statute, created a comprehensive structure with which to manage the AFIG program, and repealed the existing regulations to the extent that they are inconsistent with the Act. This final-omitted rulemaking will repeal the current regulations to eliminate conflicting requirements in the out-dated regulations David Althoff Jr.
(717) 705-0372
dalthoff@state.pa.usFacility Odor Management
25 Pa. Code,
Chapter 83FY07-08 This rulemaking provides the State Conservation Commission with oversight to manage the impact of odors generated from animal housing facilities and manure storage facilities on high-density livestock and poultry operations, referred to as Concentrated Animal Operations and from Concentrated Animal Feeding Operations. Doug Brennan
(717) 787-9373
dobrennan@state.pa.us
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