NOTICES
GOVERNOR'S OFFICE
Regulatory Agenda
[38 Pa.B. 3420]
[Saturday, June 21, 2008]Eecutive 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 25th 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 follows (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. An internal PDA review has been completed and changes are not required in the regulations at this time. PDA is in the process of reviewing the fair hearing and appeal procedures in conjunction with the Office of Long -Term Living. Denise Getgen
(717) 772-0184Pa. 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. Denise Getgen
(717) 772-0184Pa. Code Title VI Chapter 15
Protective Services for Older AdultsDecember 2009, as proposed. The law and regulations will continue to be reviewed in light of pending legislation and 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. Denise Getgen
(717) 772-0184Pa. Code Title VI Chapter 20
Family Caregiver Support ProgramDecember 2009, 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. Denise Getgen
(717) 772-0184Pa. 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. Denise Getgen
(717) 772-0184Pa. Code Title VI Chapter 23
Long Term Care Ombudsman ProgramDecember 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. Denise Getgen
(717) 772-0184AGRICULTURE
Domestic Animal
7 Pa. Code
Chapter 2, 3 and 16December, 2008, 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). David Griswold, DVM
(717) 772-2852Cervidae
7 Pa. Code
Chapter 18December , 2008, as proposed. Act 190 of 2002 amended the Domestic Animal Law to require the Department to license and regulate Cervidae livestock operations. Act 51 of 2006 further amended the requirements for Cervidae livestock operations. (3 Pa.C.S. §§ 2303--2380.9). David Griswold, DVM
(717) 772-2852Animal Exhibition Sanitation
7 Pa. Code
Chapter 20aDecember, 2008, as proposed. Act 211 of 2002 will require the Department to enforce sanitation requirements at animal exhibitions, and to regulate as necessary to meet this requirement. (3 Pa.C.S. §§ 2501--2504). David Griswold, DVM
(717) 772-2852Amusement Rides
7 Pa. Code
Chapter 139August, 2008, as final. 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, 2008, 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. Cheryl Cook
(717) 787-5196Horse Racing Commission
58 Pa. Code
Chapters 161, 163, 165, 167, 169, 171 and 173September, 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. Cheryl Cook
(717) 787-1942Pesticide Regulations
7 Pa. Code
Chapter 128January, 2009, 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, 2009, 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, 2009, 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 27This proposed regulation has been withdrawn as of May 17, 2008. 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. Jessie Smith
Special Deputy Secretary
(717) 214-3758Clean and Green Regulations
7 Pa. Code
Chapter 137bMarch, 2008, 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, 2008, 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 111November, 2008, as final. 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 for Seed Certification
7 Pa. Code
Chapter 113November, 2008, as final. This regulation will replace 7 Pa. Code Chapter 113 and implement the provisions of 3 Pa.C.S.A. §§ 7101--7122 (Seed Act). Joe Garvey
(717) 787-5609Standards for Seed Certification
7 Pa. Code
Chapter 115October, 2008, as final. This regulation will replace 7 Pa. Code Chapter 115 and implement the provisions of 3 Pa.C.S.A. §§ 7101--7122 (Seed Act). Joe Garvey
(717) 787-5609Odor Management Plan Writer Certification
7 Pa. Code
Chapter 130fNotice of proposed rulemaking was published at 37 Pa. B. 5793 (October 27, 2007).
August, 2008, as final.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 Early 2009 Required pursuant to 17 Pa.C.S. § 503(a) and 71 P. S. § 733-204.A. Carter D. Frantz
Chief Counsel
(717) 787-9573Regulations defining proper conduct of the mortgage loan business Mid - 2008 63 P. S. § 456.310(a); 7 P. S. § 6616(1); 7 P. S. § 6212. Carter D. Frantz
Chief Counsel
(717) 787-9573Regulations governing check cashing business Early 2009 63 P. S. § 2304(1) Carter D. Frantz
Chief Counsel
(717) 787-9573Regulations governing money transmission business Early 2009 7 P. S. § 6114 Carter D. Frantz
Chief Counsel
(717) 787-9573BOARD OF PARDONS
No regulations being developed or considered at this date. COMMUNITY & ECONOMIC DEVELOPMENT
Neighborhood Assistance Program
12 Pa. Code
Chapter 135 (Regulation)Fall of 2008 The purpose of the regulation is to establish new special program priorities and to update the regulation with respect to recent legislative changes to the Neighborhood Assistance Act. Jill Busch
(717) 720-7314Industrialized Housing and Components
12 Pa. Code
Chapter 145 (Proposed Regulation)Fall of 2008 The purpose of the proposed regulation is to update the regulations to keep pace with changes in the housing industry. Jill Busch
(717) 720-7314COMMISSION ON CRIME AND DELINQUENCY
No regulations being developed or considered at this time. CONSERVATION & NATURAL RESOURCES
State Forests
(Chapter 21)Publish proposed rulemaking
September 2008A number of provisions in this chapter need to be clarified and updated. The State Forest Picnic Area Chapter (23) will be incorporated into this chapter to eliminate duplication and for ease of reference. Legal basis: Sections 302, 313, 502 of the Conservation & Natural Resources Act (71 P. S. §§ 1340.302, 1340.313, 1340.502) Matt Beaver,
(717) 783-4543
Susan Wood, Esq.
(717) 772-4171State Forest Picnic Areas
(Chapter 23)Publish proposed Rulemaking
September 2008The provisions of this chapter will be incorporated into Chapter 21 (State Forests) for purposes of simplification and ease of reference. Legal basis: Sections 302, 313, 502 of the Conservation & Natural Resources Act (71 P. S. §§ 1340.302, 1340.313, 1340.502) Matt Beaver,
(717) 783-4543
Susan Wood, Esq.
(717) 772-4171CORRECTIONS
Revisions to the existing regulations governing county correctional facilities, 37 Pa. Code
Chapter 95.August, 2008 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. July, 2008, as final. The regulations will replace the guidelines currently in effect. Randall N. Sears
(717) 731-0444Amendments to 37 Pa. Code § 94.4 September, 2008, as proposed. The amendment will restrict the ability of individuals to purchase items from outside the institution for inmates. Randall N. Sears
(717) 731-0444EDUCATION
Higher Education-- Institutional Approval
22 Pa. Code,
Chapter 40October 2008, as final. 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
or
Deborah Wynn
(717) 787-3787Standards for Approved Private Schools
22 Pa. Code,
Chapter 171 Subchapters A & CSummer 2008, 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, 24 P. S. Section 1-101, et. seq. John Tommasini
(717) 783-6134Academic Standards and Assessment,
22 Pa. Code,
Chapter 4November 2008, 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 42October 2008, as final. These regulations establish procedures for approval of specialized associate degree programs, upper division programs at 2-year and community colleges, graduate programs and vocational education programs. Jim Buckheit
or
Deborah Wynn
(717) 787-3787Regulations of the State Board of Private Academic Schools
22 Pa. Code,
Chapters 51, 53, 55, 57, 61 and 63Fall 2008, as proposed. 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.) Linda Rhen
(717) 705-5014
or
Parker Martin
(717) 783-9280Academic Standards and Assessment--
22 Pa. Code
Chapter 4 Appendix A Academic standards for reading, writing, speaking and listening and mathematicsSeptember 2008, as proposed. Chapters 4 sets forth requirements for instruction, graduation, strategic planning and assessment based on state academic standards. The standards for reading, writing, speaking and listening and mathematics were issued in January 1999. The Board, in accordance with § 4.12(i) seeks to review the standards for the purpose of clarifying, consolidating and correcting the standards. Jim Buckheit
or
Deborah Wynn
(717) 787-3787Academic Standards and Assessment--
22 Pa. Code
Chapter 4
Appendix A Academic standards for science and technology, environment and ecology, history, civics and government, economics and geographyJanuary 2009, as proposed. Chapter 4 sets forth requirements for instruction, graduation, strategic planning and assessment based on State academic standards. The standards for science and technology and environment and ecology were issued in January 2002. The standards for the social studies (history, civics and government, economics and geography) were issued in January 2003. The Board, in accordance with Section 4.12(i) seeks to review the standards for the purpose of clarifying, consolidating and correcting the standards. Jim Buckheit
or
Deborah Wynn
(717) 787-3787Regulations for Pennsylvania Pre-K Counts, Section 1511D, of Act 45, Amending the School Code December 2008, as proposed, Final-Omitted Regulations These regulations implement the guidelines, standards and procedures relevant to the Pennsylvania Pre-K Counts program providing early childhood educational opportunities to 3 and 4 year-olds by local educational agencies, child care centers and group child care homes, Head Start grantees and licensed nursery schools as final-omitted regulations. Harriet Dichter
(717) 346-9320
or
Linda Brown Warren
(717) 346-4036EMERGENCY MANAGEMENT AGENCY
No regulations being developed or considered at this time.
ENVIRONMENTAL HEARING BOARD
Pa. Code Title 25
Chapter 1021 Practice and ProcedureThe Environmental Hearing Board intends to submit proposed rulemaking in June or July 2008. 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; 3) prepyment of penalties and 4) expedited litigation. The Rules Committee has also recommended revisions to existing rules, including summary judgment, discovery, participation in litigation by parties of interest. The Board is also considering a pilot project before adopting a new rule on electronic discovery. Maryanne Wesdock
(412) 565-5245ENVIRONMENTAL PROTECTION Areas Unsuitable for Surface Mining
25 Pa. Code,
Chapter 86FY 08-09 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 77FY 08-09 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 & Gas Well Program
Oil and Gas Act
25 Pa. Code,
Chapter 78FY 08-09 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.usRemining Financial Guarantees and Federal OSM Consistency Rule Surface Mining Conservation & Reclamation Act
25 Pa. Code,
Chapters 86, 87, and 88FY 08-09 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 and NPDES permit-by-rule for abandoned mine discharges. Bill Allen
(717) 783-9580
wallen@state.pa.usWater Supply Replacement
Surface Mining Conservation & Reclamation Act
25 Pa. Code,
Chapters 87, 88FY 08-09 Revisions to Chapters 87and 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.usMine Subsidence Insurance Fund General Provisions The Act of August 23, 1961 (P. L. 1068, No. 484), as amended, (52 P. S. §§ 3201--3225) (Act).
25 Pa. Code,
Chapter 401
*See note in SummaryFY 08-09 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.usMining Program Fees
Surface Mining Conservation and Reclamation Act,
Noncoal Surface Mining Conservation and Reclamation Act
25 Pa. Code,
Chapters 77, 86, 210 & 211.FY 08-09 Increase permit application fees to support program activities. Bill Allen
(717) 783-9580
wallen@state.pa.usBluff Recession and Setback Amendments
Bluff Recession and Setback Act
25 Pa. Code,
Chapter 85FY 08-09 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.usAdministration of Sewage Facilities Planning Program
25 Pa. Code,
Chapter 71FY 08-09 Comprehensive reorganization and revision to replace Chapter 71 with Chapter 71a. Major revisions include restructuring and updates based on changes to other regulations. John Diehl
(717) 787-8184
jdiehl@state.pa.usAdministration of Sewage Facilities Permitting Program
25 Pa. Code,
Chapter 72FY 08-09 Comprehensive reorganization and revision to replace Chapter 72 with Chapter 72a. Major revisions include restructuring and updates based on changes to other regulations. John Diehl
(717) 787-8184
jdiehl@state.pa.usStandards for Sewage Disposal Facilities
25 Pa. Code,
Chapter 73FY 08-09 Comprehensive reorganization and revision to replace Chapter 73 with Chapter 73a. Major revisions include replacing the current prescriptive standards with performance standards. John Diehl
(717) 787-8184
jdiehl@state.pa.usGeneral Provisions
Clean Streams Law
25 Pa. Code,
Chapter 91FY 08-09 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.usNational Pollution Discharge Elimination System Permitting, Monitoring and Compliance--NPDES
Clean Water Act
Clean Streams Law
25 Pa. Code,
Chapter 92FY 08-09 Comprehensive reorganization and revision to replace Chapter 92 with Chapter 92a, organized similarly to 40 CFR 122. Major revisions include provisions for a new fee structure, permit-by-rule for Single Residence STPs, and provisions for issuance of NPDES permits covering a watershed. John Wetherell
(717) 705-0486
jwetherell@state.pa.usClark Creek, et al Stream Redesignations Package
Clean Streams Law
25 Pa. Code,
Chapter 93FY 08-09 This proposal identifies six streams UNT Lackawanna River (Clark Creek) (Wayne County), Pine Creek (Schuykill County), UNT Conestoga Creek (Lancaster County), Hammer Creek, (Lebanon & Lancaster Counties), Spring Mill Creek (Montgomery County), and Cacoosing (Berks 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. Stream Redesignations Package
Clean Streams Law
25 Pa. Code,
Chapter 93FY 08-09 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 PolicyFY 08-09 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.usMunicipal Wasteload Management
25 Pa. Code,
Chapter 94FY 07-08 Comprehensive Review and revisions to the Chapter. Major changes under consideration include eliminating the ''maximum monthly average daily flow'' parameter. Kevin McLeary
(717) 787-1820
kmcleary@state.pa.usWater Quality Standards Implementation
Clean Streams Law
25 Pa. Code,
Chapter 96FY 07-08 Redress known sources of impairment. Plan for TMDL and Watershed--Based Permitting. Provide for regulatory coverage of existing policies and practices. Tom Starosta
(717) 787-4317
tstarosta@state.pa.usPublic Notification Revisions
Safe Drinking Water Act
25 Pa. Code,
Chapter 109FY 08-09 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 109FY 08-09 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. Kevin McLeary
(717) 783-1820
kmcleary@state.pa.usLong Term 2 Enhanced Surface Water Treatment Rule
Safe Drinking Water Act
25 Pa. Code,
Chapter 109
FY 08-09 This rulemaking will amend the Department's Safe Drinking Water regulations to further protect public health against Cryptosporidium and other microbial pathogens in drinking water. The proposed amendments will apply to public water systems supplied by a surface water source and public water systems supplied by a ground water source under the direct influence of surface water. Ed Chescattie
(717) 772-4046
echescatti@state.pa.usChapter 109 General Update
Safe Drinking Water Act
25 Pa. Code,
Chapter 109FY 08-09 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.usOperator Certification Program
25 Pa. Code,
Chapter 302FY 08-09 These regulations formalize requirements for certification of drinking water and wastewater system operators. Veronica Kasi
(717) 772-4053
vbkasi@state.pa.usLead and Copper Short Term Revisions
Safe Drinking Water Act
25 Pa. Code,
Chapter 109FY 08-09 Amendments to incorporate the Federal lead and copper short term revisions into Chapter 109. This Rule will strengthen the implementation of the LCR in the following areas: monitoring, treatment processes, public education, customer awareness, and lead service line replacement. Lisa Daniels
(717) 772-2189
ldaniels@state.pa.usDrinking Water Fees
Safe Drinking Water Act
25 Pa. Code,
Chapter 109FY 08-09 Amendments to update drinking water program fees Lisa Daniels
(717) 772-2189
ldaniels@state.pa.usMicrobial Pathogens in Groundwater Rule and Variance and Exemptions Minor Revisions
25 Pa. Code,
Chapter 109FY 08-09 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. It will also incorporate some minor variance and exemptions revisions to be consistent with Federal regulations. Kevin McLeary
(717) 783-1820
kmcleary@state.pa.usWater Resources Planning
Water Resources Planning Act
25 Pa. Code,
Chapter 110FY 08-09 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.usErosion and Sediment Control and Stormwater Management
Clean Streams Law
25 Pa. Code,
Chapter 102FY 08-09 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 105FY 08-09 Several major modifications/revisions include: changes to permit requirements; permit application requirements; environmental assessment, and wetland replacement criteria. Kenneth Murin
(717) 772-5975 kmurin@state.pa.usControl of Nitrogen Oxide (NOx) Emissions from Glass Furnaces Air Pollution Control Act,
25 Pa. Code,
Chapters 121 and 129FY 08-09 The proposed rulemaking establishes nitrogen oxide (NOx) emission control requirements, emission standards and emission limitations for glass melting furnaces during the ozone season (May 1 through September 30) and related administrative requirements for glass melting furnaces, starting in May 2009. Adoption of NOx emission limits for glass melting furnaces is part of the Commonwealth's strategy, in concert with other jurisdictions in the Ozone Transport Region (OTR), to reduce transport of ozone to achieve and maintain the health-based 8-hour ozone National Ambient Air Quality Standard. In addition, the strategy will also provide NOx emission reductions necessary to reduce the formation of fine particulates and regional haze. Jane Mahinske
(717) 783-8949
jmahinske@state.pa.usControl of Nitrogen Oxide (NOx) Emissions from Cement Kilns
Air Pollution Control Act
25 Pa. Code,
Chapters 121, 129 and 145FY 08-09 The proposed rulemaking would revise existing NOx emission limits for cement kilns by establishing allowable NOx emission limits for certain types of cement kilns. The proposed rulemaking includes several compliance demonstration options including compliance on a kiln-by-kiln basis, emissions averaging and use of Clean Air Interstate Rule (CAIR) NOx Ozone Season allowances. Adoption of NOx emission limits for cement kilns is part of the Commonwealth's strategy, in concert with other jurisdictions in the Ozone Transport Region (OTR), to reduce the transport of ozone to achieve and maintain the health-based 8-hour ozone National Ambient Air Quality Standard (NAAQS). The Department will also make progress in achieving and maintaining the fine particulates NAAQS. Jane Mahinske
(717) 783-8949
jmahinske@state.pa.usDiesel Vehicle Idling
Air Pollution Control Act
25 Pa. Code,
Chapters 121 and 126FY 08-09 This final-form rulemaking would establish a new Subchapter F to 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.usConsumer Products
Air Pollution Control Act
25 Pa. Code,
Chapter 130FY 08-09 The final-form rulemaking revises the consumer product regulation to add additional categories of regulated products. The revisions will reduce volatile organic compound and hazardous air pollutant emissions. The reductions are reasonably necessary to achieve and maintain the health-based 8-hour ozone National Ambient Air Quality Standard. Susan Hoyle
(717) 772-2329
shoyle@state.pa.usAdhesives and Sealants
Air Pollution Control Act
25 Pa. Code,
Chapter 129 and Chapter 130FY 08-09 The proposal would adopt volatile organic compound (VOC) content limits for 37 categories of adhesives, adhesive primers, sealants, sealant primers, and adhesives applied to certain substrates. The proposal would also add requirements for the control of emissions from the use or application of adhesives, sealants and primers by the owners or operators of stationary sources. This proposal would be consistent with regulatory initiatives recommended by the Ozone Transport Commission to address regional transport of ozone precursor emissions. Martin Felion
(717) 772-3939
mafelion@state.pa.usFees
Air Pollution Control Act
25 Pa. Code,
Chapters 127 and 139FY 08-09 The proposed rulemaking will amend existing requirements and fees codified in 25 Pa. Code Chapter 127, Subchapter I (relating to plan approval and operating permit fees), and add new categories of fees to Chapter 127, Subchapter I, to address modifications of existing plan approvals and requests for determination of whether a plan approval is required. The proposed rulemaking also adds a new section to address fees for risk assessment applications. The proposed rulemaking will amend the existing emission fee paid by the owner or operator of a Title V facility. The proposed rulemaking will also establish a fee schedule in new Subchapter D of Chapter 139 (relating to testing, auditing and monitoring fees), to add new categories of fees to address Department-performed source testing and auditing and monitoring activities for continuous emission monitoring systems (CEMS). Dean Van Orden
(717) 783-9264
dvanorden@state.pa.usHigh Electric Demand Day
(HEDD)
Air Pollution Control Act
25 Pa. Code,
Chapter 145FY 08-09 The proposal would amend Chapter 145 to limit emissions of nitrogen oxides from electric generating units and emergency generator sets that are smaller than 25 megawatts through limits on NOx emissions or through the purchase of Clean Air Interstate Rule NOx allowances. The proposal would reduce emissions from small uncontrolled units that produce aggregate emissions of NOx on high electric demand days during the ozone season. HEDD units are a significant contributor to NOx emissions on these days. Adoption of NOx emission limits for HEDD is part of the Commonwealth's strategy, in concert with other jurisdictions in the Ozone Transport Region (OTR), to reduce transport of ozone to achieve and maintain the health-based 8-hour ozone National Ambient Air Quality Standard. Randy Bordner
(717) 772-3423
ranbordner@state.pa.usRadiological Health and Radon Certification Fees
25 Pa. Code,
Chapters 218 and 240FY 08-09 The amendments in Chapter 218 will increase the annual fees for registration of radiation-producing machines, radiation-producing machine service provides, accelerator licenses and radioactive material licenses as well as the hourly rate professional fee associated with certain full cost recovery licenses. The amendments in Chapter 240 will increase the application fees for certification of radon services. L. Ray Urciuolo
(717) 783-9730
lurciuolo@state.pa.usHazardous Waste Program
Solid Waste Management Act
25 Pa. Code,
Chapters 260--270FY 08-09 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.usAdministration of the Storage Tank and Spill Prevention Program Storage Tank and Spill Prevention Act
25 Pa. Code,
Chapter 245FY 08-09 Revisions to Chapter 245 to provide for training requirements for three distinct classes of underground storage tank system operators. The proposal will include a description of the classes of operators, required training for each class of operator, deadlines when operator training is required, and acceptable forms of training. The Federal Energy Policy Act of 2005 required EPA to publish operator training guidelines by August 8, 2007. States receiving Federal funding under Subtitle I of RCRA must develop State-specific operator training requirements consistent with the EPA guidelines by August 8, 2009. Ray Powers
(717) 772-5809
rapowers@state.pa.usMunicipal and Residual Waste Amendments
Solid Waste Management Act and Waste Transportation Safety Act
25 Pa. Code,
Chapters 271--285 and 287--299FY 08-09 These proposed revisions are comprehensive modifications to the Municipal and Residual Waste Regulations, including: consolidating similar chapters and standardizing provisions, where applicable, between the two volumes; revising and clarifying definitions, including the definition of ''waste''; developing additional permits-by-rule; incorporating commodity disposal bans; revising the local and municipal involvement process for waste disposal and processing facility applications; and revising the environmental assessment and harms/benefits test. 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 250FY 08-09 Revisions to Chapter 250 (Administration of the Land Recycling Program) This proposal includes a number of miscellaneous revisions to the regulations and an update of the Statewide Health Standards Tables based on new toxicological information. Dave Crownover
(717) 783-7502
dcrownover@state.pa.usEnvironmental Laboratory Accreditation
Environmental Laboratory Accreditation Act (Act 90 of 2002) (27 Pa.C.S. §§ 4101 et seq.)
25 Pa. Code,
Chapter 252FY 08-09 This rulemaking will include a number of amendments to clarify several provisions of the existing regulations in Chapter 252, including the fee structure, definitions, accreditation by rule parameters, and NELAP equivalency. Martina Q. McGarvey
(717) 346-8618
mmcarvey@state.pa.usFacility Odor Management
25 Pa. Code,
Chapter 83FY 08-09 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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