NOTICES
GOVERNOR'S OFFICE
Regulatory Agenda
[39 Pa.B. 3247]
[Saturday, June 27, 2009]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 27th 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 15
Protective Services for Older AdultsDecember 2010, as proposed. The Older Adults Protective Services Act is under review in light of the decision of the PA Supreme Court in Nixon et al. v. Commonwealth, et al., which found the current protective services law to be unconstitutional. Regulations are routinely being reviewed as numerous pieces of pending legislation are being considered. Denise Getgen
(717) 772-0184Pa. Code Title VI
Chapter 23
Long-Term Care Ombudsman ProgramDecember 2010, 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 16
December 2009, 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). Craig E. Shultz, DVM
(717) 772-2852Cervidae
7 Pa. Code
Chapter 18
December 2009, 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). Craig E. Shultz, DVM
(717) 772-2852Animal Exhibition Sanitation
7 Pa. Code
Chapter 20a
December 2009, as proposed. Act 211 of 2002 requires the Department to enforce sanitation requirements at animal exhibitions, and to regulate as necessary to meet this requirement (3 Pa.C.S. §§ 2501--2504). Dr. Craig Shultz, DVM
(717) 772-2852Biofuels
70 Pa. Code
Chapter 11
August 2010, as proposed. This regulation will satisfy the requirements of Act 78 of 2008 (the Biofuel Development and In-State Production Incentive Act). John Dillabaugh
(717) 787-6772Harness Racing Commission
58 Pa. Code
Chapters 181, 183, 185 and 186--190May 2010, 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. Michael Dillon
(717) 705-3770Horse Racing Commission
58 Pa. Code
Chapters 161, 163, 165, 167, 169, 171 and 173May 2010, 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. Michael Dillon
(717) 705-3770Pesticide Regulations
7 Pa. Code
Chapter 128October 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. This regulation will also increase the pesticide product registration fee. David Scott
(717) 772-5214Fertilizer Regulations
7 Pa. Code
Chapter 73June 2010, 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 130aJune 2010, 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) 772-5215Clean and Green Regulations
7 Pa. Code
Chapter 137bJuly 2009, 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 138eDecember 2009, 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 111June 2009, 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 113
June 2009, 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 115June 2009, 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) 787-5609PA Food Code
7 Pa. Code
Chapter 46February 2010, as proposed. This regulation will amend 7 Pa. Code Chapter 46 and implement legislative changes that may occur during the promulgation process. William Chirdon
(717) 787-4315Milk Sanitation
7 Pa. Code
Chapter 59aJuly 2009, as proposed. This regulation will replace 7 Pa. Code Chapter 59 and implement the provisions of the Milk Sanitation Law. William Chirdon
(717) 787-4315BANKING
Annual Assessment Regulation Early 2010 Required pursuant to 17 Pa.C.S. § 503(a) and 71 P. S. § 733-204.A. Robert C. Lopez
Deputy Chief Counsel
(717) 787-9573Regulation governing prelicensing education and testing and continuing education under 7 Pa.C.S. Ch. 61 (relating to mortgage loan industry licensing and consumer protection) Mid 2009 Required pursuant to 7 Pa.C.S. § 6131(g)(3) Robert C. Lopez
Deputy Chief Counsel
(717) 787-9573Regulation governing the conduct of debt settlement services pursuant to the Debt Management Services Act. Early 2010 Required pursuant to 63 P. S. § 2403(b). Robert C. Lopez
Deputy Chief Counsel
(717) 787-9573Repeal of regulation at 10 Pa. Code
Chapter 3.Mid 2010 The regulation is no longer necessary in light of Section 503.E of the Department of Banking Code, 71 P. S. § 733-503.E. Robert C. Lopez
Deputy Chief Counsel
(717) 787-9573Regulation governing pleading procedures for Department administrative actions. Early 2010 Regulation to create simplified and clear filing and pleading procedures specific to Department administrative proceedings and the statutes under the Department's jurisdiction. Robert C. Lopez
Deputy Chief Counsel
(717) 787-9573BOARD OF PARDONS
No regulations being developed or considered at this date. COMMUNITY & ECONOMIC DEVELOPMENT
Film Production Tax Credit Program
(Proposed Regulation)Summer of 2009 The purpose of the proposed regulation is to implement the provisions of the Tax Reform Code of 1971 relating to Film Production Tax Credits. Matthew Speicher
(717) 783-8452Industrialized Housing and Components
12 Pa. Code
Chapter 145
(Proposed Regulation)Summer of 2009 The purpose of the proposed regulation is to update the regulations to keep pace with changes in the housing industry. Mark Conte
(717) 787-5327Local Earned Income Tax Collections
(Proposed Regulation)Summer of 2009 The purpose of the proposed regulation is to implement the provisions of Act 32 of 2007 which amended Act 511 of 1965 known as the Local Tax Enabling Act. Matthew Speicher
(717) 783-8452COMMISSION ON CRIME AND DELINQUENCY
37 Pa. Code
Chapter 411
Crime Victims Compensation
September 2009 Final This regulation is necessary to increase reimbursement to crime victims according to rising costs, expand eligibility for reimbursement, and simplify claims processing procedures, while reducing the percentage of reimbursement to hospitals and licensed health care providers to conform to the practice of other third party providers. Lynn Shiner
265-873637 Pa. Code
Chapter 431
Constables' Education and Training BoardJuly 2009 Proposed The purpose of this regulation is to eliminate any waivers of the firearms portion of the basic training course, preclude any constable under the age of 21 from participating in the firearms portion of the basic training course and to require a constable who fails a first and second examination in the basic training course bear the financial responsibility for a second or third basic training. John Pfau
265-8546CONSERVATION & NATURAL RESOURCES
State Forests
(Chapter 21)Publish proposed rulemaking
August 2009A 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 and 1340.502). Matt Beaver,
(717) 783-0379
Susan Wood, Esq.
(717) 772-4171
State Forest Picnic Areas
(Chapter 23)Publish proposed rulemaking
August 2009The 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 and 1340.502). Matt Beaver,
(717) 783-0379
Susan Wood, Esq.
(717) 772-4171Conservation of Pennsylvania Native Wild Plants
(Chapter 45)Publish proposed rulemaking August 2009 Major purpose of rulemaking is to establish a more workable procedure for updating the classifications of native wild plants by removing the classifications from the regulatory process. The classifications would be established by publication in the Pennsylvania Bulletin. Legal basis: Section 7 of the Wild Resource Conservation Act (32 P. S. § 5307); and Section 313 of the Conservation and Natural Resources Act (71 P. S. § 1340.313). Chris Firestone
(570) 724-8149
Susan Wood, Esq.
(717) 772-4171CORRECTIONS
Promulgation of County Transportation Guidelines June, 2009 The guidelines are required by Act 81 of 2008, P. L. 1026, No. 81. Randall N. Sears
(717) 731-0444Revisions to
37 Pa. Code
Chapter 93July 2009, as proposed. The Motivational Boot Camp regulations are being revised to eliminate unnecessary staffing provisions. Timothy Holmes
(717) 731-0444Amendments to
37 Pa. Code § 94.4
July, 2009, as proposed. The amendment will restrict the ability of individuals to purchase items from outside the institution for inmates. Theron Perez
(717) 731-0444EDUCATION
Standards for Approved Private Schools
22 Pa. Code
Chapter 171 Subchapter CSpring 2010, 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, PL 30, No. 14, March 16, 1949, P. S. Section 1--101, et. Seq. John Tommasini
(717) 783-6134Academic Standards and Assessment,
22 Pa. Code
Chapter 4November 2009, 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 2009, as final. 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
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 2009, 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. section 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 mathematicsJuly 2009, 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 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 June/July 2009, 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) 346-4036Higher Education--College and University Security
22 Pa. Code
Chapter 33July 2009, as proposed. This chapter governs the responsibility of institutions of higher education to comply with the College and University Security Information Act. The chapter applies to independent institutions of higher education, community colleges, member institutions of the State System and State-related institutions. Jim Buckheit
or
Deborah Wynn
(717) 787-3787EMERGENCY MANAGEMENT AGENCY
No regulations being developed or considered at this time.
ENVIRONMENTAL HEARING BOARD
25 Pa. Code
Chapter 1021
Practice and ProcedureThe Environmental Hearing Board published proposed rulemaking on November 8, 2008. The rulemaking proposes to add new rules on the following topics: 1) default judgment; 2) withdrawal of appeals without prejudice; 3) prepayment of penalties; and 4) expedited litigation. The rulemaking also proposes revisions to existing rules, including summary judgment, discovery, participation in litigation by parties of interest, and filings and service. Final rulemaking is expected to be published in 2009. The Board is engaged in a pilot project before adopting a new rule on electronic discovery. Maryanne Wesdock
(412) 565-5245ENVIRONMENTAL PROTECTION
Noncoal Program
Noncoal Surface Mining Conservation and Reclamation Act
25 Pa. Code
Chapter 77FY 09-10 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 and updates to permit application fees to support program activities. Bill Allen
(717) 783-9580
wallen@state.pa.usRemining Financial Guarantees and Federal OSM Consistency Rule
Surface Mining Conservation & Reclamation Act
25 Pa. Code
Chapters 86, 87 and 88FY 09-10 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 and 88FY 09-10 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.usMining Fees
Surface Mining Conservation and Reclamation Act,
25 Pa. Code
Chapters 77, 86, 210 and 211FY 09-10 Increase permit application fees to support program activities. Bill Allen
(717) 783-9580
wallen@state.pa.usAreas Unsuitable for Surface Mining
Surface Mining Conservation and Reclamation Act,
25 Pa. Code
Chapter 86FY 09-10 Amendments to 25 Pa. Code Section 86.130 to add subsection (b)(18) to designate the Lower Kittanning, Clarion, Brookville and Mercer coals within the upper portion of the Muddy Run watershed, Reade Township, Cambria County, as unsuitable for surface mining operations. The regulation is the result of a comprehensive technical evaluation conducted in response to a petition submitted to the EQB by the Reade Township Municipal Authority, which requested that an area within the Muddy Run drainage be designated as unsuitable for surface mining operations. Geoff Lincoln
(717) 783-9582
glincoln@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 09-10 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.usOil & Gas Well Program
Oil and Gas Act
25 Pa. Code
Chapter 78FY 09-10 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.usOil & Gas Well Permit Fees
Oil and Gas Act
25 Pa. Code
Chapter 78FY 09-10 Amendments to Chapter 78 (Oil and Gas Wells) to increase the fees imposed for oil and gas well permits. The fee increases are based on the depth and length of the well bore. Ron Gilius
(717) 772-2199
rgilius@state.pa.usBluff Recession and Setback Amendments
Bluff Recession and Setback Act
25 Pa. Code
Chapter 85FY 09-10 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
Pennsylvania Sewage Facilities Act
25 Pa. Code
Chapter 71FY 09-10 Comprehensive reorganization and revision to replace Chapter 71 with Chapter 71a. Major revisions include: 1) the inclusion of a requirement for municipalities to review and determine adequacy of their Act 537 Official Plan at least every 10 years; 2) change in DEP process relating to plan review time frames; and 3) new planning requirements in special protection watersheds. John Diehl
(717) 787-8184
jdiehl@state.pa.usAdministration of Sewage Facilities Permitting Program
Pennsylvania Sewage Facilities Act
25 Pa. Code
Chapter 72FY 09-10 Comprehensive reorganization and revision to replace Chapter 72 with Chapter 72a. Major revisions include a change to the permitting structure to include classifications of Major, Minor and Emergency Permits; and a new requirement for municipalities to certify that they have the ability to assure Operation & Maintenance oversight for onlot systems. John Diehl
(717) 787-8184
jdiehl@state.pa.us
Standards for Sewage Disposal Facilities
Pennsylvania Sewage Facilities Act
25 Pa. Code
Chapter 73FY 09-10 Comprehensive reorganization and revision to replace Chapter 73 with Chapter 73a. Major revisions include outlining new site suitability standards for system approval; and recognizing various levels of treatment characterized as primary, secondary, advanced, and nutrient removal. Additionally, design standards are being restructured from system based to component based which will allow increased system design flexibility to meet limiting site factors. John Diehl
(717) 787-8184
jdiehl@state.pa.usGeneral Provisions Amendments
Clean Streams Law
25 Pa. Code
Chapter 91
General ProvisionsFY 09-10 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. Kevin McLeary
(717) 787-8184
kmcleary@state.pa.usNational Pollution Discharge Elimination System Permitting, Monitoring and Compliance--NPDES
Clean Water Act
Clean Streams Law
25 Pa. Code
Chapter 92FY 09-10 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 and permit-by-rule for Single Residence STPs. Tom Starosta
(717) 787-4317
tstarosta@state.pa.usClark Creek, et al Stream Redesignations Package
Clean Streams Law
25 Pa. Code
Chapter 93FY 09-10 This proposal identifies the six following streams that should be redesignated to provide the correct aquatic life use designation in the water quality standards: UNT Lackawanna River ''Clarks Creek'' (Wayne County), Pine Creek (Schuykill County), UNT Conestoga River (Lancaster County), Hammer Creek, (Lebanon & Lancaster Counties), UNT Schuylkill River ''Spring Mill Run'' (Montgomery County), and Cacoosing River (Berks County). Rodney McAllister
(717) 787-9637
romcallist@state.pa.usBlue Eye Run, et al. Stream Redesignations Package
Clean Streams Law
25 Pa. Code
Chapter 93FY 09-10 This rulemaking identifies the following seven stream segments that should be redesignated to provide the correct aquatic life use designation in the water quality standards: (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). Rodney McAllister
(717) 787-9637
romcallist@state.pa.usWater Quality Standards for Molybdenum
Clean Streams Law
25 Pa. Code
Chapter 93
Water Quality StandardsFY 09-10 This rulemaking will add statewide water quality criterion in Chapter 93 for molybdenum, a substance that is documented to have toxic effects on human, animal and plant life at certain levels or concentrations. Tom Barron
(717) 787-9637
tbarron@state.pa.usMunicipal Wasteload Management Amendments
Clean Streams Law
25 Pa. Code
Chapter 94
Municipal Wasteload ManagementFY 09-10 Comprehensive review and revisions to Chapter 94. Major changes under consideration include eliminating the ''maximum monthly average daily flow'' parameter. Kevin McLeary
(717) 783-1820
kmcleary@state.pa.usWater Quality Standards Implementation
Clean Streams Law
25 Pa. Code
Chapter 96FY 09-10 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.usWastewater Treatment Requirements
Clean Streams Law
25 Pa. Code
Chapter 95FY 09-10 Add section with treatment requirements for TDS, chlorides and sulfates. John Wetherell
(717) 783-2938
jwetherell@state.pa.usOperator Certification Program
Water and Wastewater Systems Operators' Certification Act
25 Pa. Code
Chapter 302FY 09-10 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 09-10 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 09-10 Amendments to update drinking water program fees Kevin McLeary
(717) 783-1820
kmcleary@state.pa.usSafe Drinking Water Amendments (including the Stage 2 Disinfectants and Disinfection Byproducts Rule; the Long Term 2 Enhanced Surface Water Treatment Rule, and the Microbial Pathogens in Groundwater Rule)
Safe Drinking Water Act
25 Pa. Code
Chapter 109
NOTE: At proposed rulemaking, the Stage 2 Disinfectants and Disinfection Byproducts Rule, the Long Term 2 Enhanced Surface Water Treatment Rule, and the Microbial Pathogens in Groundwater Rule were published as three separate rulemakings.FY 09-10 This rulemaking 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. The rulemaking also amends the he 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. Finally, the rulemaking incorporates 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. The final rulemaking also incorporates some minor variance and exemptions revisions to be consistent with Federal regulations. Dave Hissner
(717) 773-9706
dahissner@state.pa.usErosion and Sediment Control and Stormwater Management
Clean Streams Law
25 Pa. Code
Chapter 102FY 09-10 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 stormwater management; incorporate buffer provisions; and revise permit requirements by adding a Permit-by-Rule option. Ken Murin
(717) 772-5975
kmurin@state.pa.usDam Safety and Waterways Management
Dam Safety and Encroachments Act and Clean Streams Law
25 Pa. Code
Chapter 105FY 09-10 Several major modifications/revisions include: changes to permit requirements; permit application requirements; environmental assessment, and wetland replacement criteria. Sidney Freyermuth
(717) 772-5977
sfreyermuth@state.pa.usDam Safety and Waterways Management
Dam Safety and Encroachments Act and Clean Streams Law
25 Pa. Code
Chapter 105FY 09-10 This rulemaking package will amend existing regulations at 25 Pa. Code Chapter 105 to address concerns raised by the Auditor General. Dennis Dickey
(717) 772-5951
dedickey@state.pa.usControl of Nitrogen Oxide (NOx) Emissions from Glass Furnaces
Air Pollution Control Act,
25 Pa. Code
Chapters 121 and 129FY 09-10 The final-form rulemaking would establish nitrogen oxide (NOx) emission control requirements, emission standards and emission limitations for glass melting furnaces and related administrative requirements for glass melting furnaces. 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, 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 09-10 The final-form rulemaking would revise existing NOx emission limits for cement kilns by establishing allowable NOx emission limits for certain types of cement kilns. The rulemaking amendments to Chapter 129 have been deleted and in the final-form rulemaking are incorporated into Chapter 145, Subchapter C to amend the existing cement kilns regulation. The final-form rulemaking includes several compliance demonstration options including compliance on a kiln-by-kiln, facility-wide or system-wide basis among Portland cement kilns under the common control of the same owner or operator in this Commonwealth. 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@tate.pa.usAdhesives and Sealants
Air Pollution Control Act
25 Pa. Code
Chapters 129 and 130FY 09-10 The final-form rulemaking would adopt volatile organic compound content limits for 37 categories of adhesives, adhesive primers, sealants, sealant primers, and adhesives applied to certain substrates. The proposed rulemaking 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 proposed rulemaking would be consistent with regulatory initiatives recommended by the Ozone Transport Commission to address regional transport of ozone precursor emissions. Randy Bordner
(717) 772-3921
ranbordner@state.pa.usAir Quality Plan Approval and Operating Permit Fees
Air Pollution Control Act
25 Pa. Code
Chapters 127 and 139FY 09-10 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 add Subchapter D (relating to testing, auditing and monitoring fees) to Chapter 139 to add new categories of fees and to establish a fee schedule 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.usNonattainment New Source Review Particulate Matter 2.5 (NNSR PM2.5)
Air Pollution Control Act
25 Pa. Code
Chapters 121 and 127FY 09-10 The proposed rulemaking would amend the existing nonattainment new source review (NSR) requirements in 25 Pa. Code Chapter 127, Subchapter E (relating to new source review), §§ 127.201--127.218, to incorporate recently promulgated Federal requirements for particulate matter equal to and less than 2.5 micrometers in diameter (PM2.5) and PM2.5 precursors. The proposed amendments would limit the emissions of PM2.5 and PM2.5 precursors for new major sources or major sources being modified in certain counties and portions of counties of this Commonwealth that are designated as nonattainment for the PM2.5 National Ambient Air Quality Standard. The Federal regulation requires a state with PM2.5 nonattainment areas to submit revised nonattainment NSR PM2.5 requirements to the U.S. Environmental Protection Agency (EPA) for State Implementation Plan (SIP) approval within three years of publication of the final rule. Therefore, the Commonwealth needs to amend its NSR regulations and submit a SIP revision to the EPA by May 16, 2011. Virendra Trivedi
(717) 772-3979
vtrivedi@state.pa.usLarge Appliance and Metal Furniture Coating Processes
(LA/MF CTG)
Air Pollution Control Act
25 Pa. Code
Chapter 129FY 09-10 The proposed rulemaking would amend the existing surface coating regulations under 25 Pa. Code Chapter 129 to further reduce the emissions of volatile organic compounds (VOCs) from large appliance and metal furniture coating processes to meet the Clean Air Act ''reasonably available control measures'' requirement for ozone nonattainment areas. The proposal would add 25 Pa. Code § 129.52a (relating to large appliance and metal furniture coating processes) to adopt emission limits and work practice standards for large appliance and metal furniture surface coating operations.
The proposed rulemaking would also amend 25 Pa. Code § 129.52, which limits VOC emissions from surface coating processes, to terminate applicability of 25 Pa. Code § 129.52 to large appliance and metal furniture surface coating operations, including the current VOC content limits for large appliance and metal furniture coatings listed in Table 1, as of the date of applicability of the requirements of the proposed 25 Pa. Code § 129.52a.Susan Hoyle
(717) 772-2329
shoyle@state.pa.usPaper, Film and Foil Coating Processes
(PFF CTG)
Air Pollution Control Act
25 Pa. Code
Chapter 129FY 09-10 The proposed rulemaking would amend the existing surface coating regulations to further reduce the emissions of volatile organic compounds (VOCs) from paper, film and foil coating processes to meet the Clean Air Act ''reasonably available control measures'' requirement for ozone nonattainment areas. The proposal would add 25 Pa. Code § 129.52b (relating to paper, film and foil coating processes) to adopt emission limits and work practice standards for paper, film and foil surface coating operations. The proposed rulemaking would also amend 25 Pa. Code § 129.52, which limits VOC emissions from surface coating processes, to terminate applicability of 25 Pa. Code § 129.52 to paper, film and foil surface coating operations, including the current VOC content limits for paper coatings listed in Table 1, as of the date of applicability of the requirements of the proposed 25 Pa. Code § 129.52b. Susan Hoyle
(717) 772-2329
shoyle@state.pa.usFlat Wood Paneling Coating Processes
(FWP CTG)
Air Pollution Control Act
25 Pa. Code
Chapter 129FY 09-10 The proposed rulemaking would amend 25 Pa. Code § 121.1 (relating to definitions) and Chapter 129 (relating to standards for sources) to add requirements to reduce the emissions of volatile organic compounds (VOCs) from flat wood paneling coating processes to meet the Clean Air Act ''reasonably available control measures'' requirement for ozone nonattainment areas. The proposal would add 25 Pa. Code § 129.52c (relating to control of VOC emissions from flat wood paneling coating processes) to adopt emission limits and work practice standards for flat wood paneling coating operations. Susan Hoyle
(717) 772-2329
shoyle@state.pa.usOutdoor Wood-fired Boilers
(OWB)
Air Pollution Control Act
25 Pa. Code
Chapter 123FY 09-10 The proposed rulemaking would add 25 Pa. Code § 123.14 (relating to outdoor wood-fired boilers) to 25 Pa. Code Chapter 123 (relating to standards for contaminants). The proposed rulemaking would also add new and revise certain existing definitions in 25 Pa. Code § 121.1 (relating to definitions). The proposed rulemaking would set emission standards for outdoor wood-fired boilers (OWBs) sold, distributed or newly installed in the Commonwealth of Pennsylvania. This proposed rulemaking would limit emissions of particulate matter (PM), largely including emissions of fine particulates equal to and less than 2.5 micrometers in diameter (PM2.5). The proposed rulemaking would establish setback requirements for newly installed OWBs and establish fuel and stack height requirements, and seasonal prohibitions, for all OWBs operated in this Commonwealth whether existing or newly-installed. Jane Greber
(717) 772-2328
jgreber@state.pa.usUnderground Storage Tank Operator Training Requirements
Storage Tank and Spill Prevention Act
25 Pa. Code
Chapter 245FY 09-10 Revisions to Chapter 245 to provide for training requirements for three distinct classes of underground storage tank system operators. The final rulemaking 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 09-10 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. Ken Reisinger
(717) 783-2388
kereisinger@state.pa.usBeneficial Use of Coal Ash
Solid Waste Management Act
Clean Streams Law
Surface Mining and Reclamation Act
Administrative Code of 1929
25 Pa. Code
Chapters 287 and 290FY 09-10 This rulemaking adds a new definition and revises definitions in Chapter 287 and moves coal ash beneficial use provisions to a new Chapter 290. Incorporates technical guidance provisions for use of coal ash at mine sites into regulations. Sets maximum leachate concentrations for coal ash, physical properties for use, storage requirements, water quality monitoring and assessment and abatement requirements and coal ash qualification (certification) standards and procedures. Steve Socash
(717) 787-7381
ssicash@state.pa.usAdministration of the Land Recycling Program (Act 2)
Land Recycling and Environmental Remediation Standards Act
25 Pa. Code
Chapter 250
FY 09-10 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.usAdministration of the Uniform Environmental Covenant Act
Uniform Environmental Covenant Act
25 Pa. Code
Chapter ____ (TBD)FY 09-10 This rulemaking will establish regulations for the implementation of the Uniform Environmental Covenant Act. Troy Conrad
(717) 783-9480
tconrad@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 09-10 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. Aaren Shaffer Alger
(717) 346-8212
aaalger@state.pa.usGENERAL SERVICES Surplus State Property
4 Pa. Code
Chapters 41, 43, 45 and 47
Fall 2010, as proposed. These regulations will be updated to reflect current agency practice and procedure. Gary F. Ankabrandt
(717) 783-1982Responsibility,
4 Pa. Code
Chapter 60Fall 2009, as proposed. This chapter will be amended to be consistent with the Procurement Code and to provide for uniform debarment and suspension procedures. Gary F. Ankabrandt
(717) 783-1982Committee on Construction Contract Documents,
4 Pa. Code
Chapter 62
Winter 2010, as final omitted. The Procurement Code repealed the legislation creating this committee, which no longer exists. Gary F. Ankabrandt
(717) 783-1982Selections Committee,
4 Pa. Code
Chapter 64Winter 2010, as final omitted. These regulations should be rescinded since they have been superseded by the Commonwealth Procurement Code. Gary F. Ankabrandt
(717) 783-1982Emergency Construction Repairs
4 Pa. Code
Chapter 67
Winter 2010, as final omitted. These regulations should be rescinded since they have been superseded by the Commonwealth Procurement Code. Gary F. Ankabrandt
(717) 783-1982Contract Compliance
4 Pa. Code
Chapter 68,
Subchapter A,
Prequalification of Vendors and Nonconstruction ContractorsWinter 2010, as final omitted. These regulations should be rescinded since the subject matter of these rules is now covered by the directives management system. Gary F. Ankabrandt
(717) 783-1982Methods of Awarding Contracts,
4 Pa. Code
Chapter 69Winter 2010, as final omitted. These regulations should be rescinded since they have been superseded by the Commonwealth Procurement Code. Gary F. Ankabrandt
(717) 783-1982Commonwealth Parking Facilities,
4 Pa. Code
Chapter 71Withdrawn Fall 2008, Resubmit Winter 2010, as final omitted. The regulations do not reflect changes to agency procedure and practice and the continuing changes to the Capitol Complex. Gary F. Ankabrandt
(717) 783-1982Commonwealth Automotive Fleet
4 Pa. Code
Chapters 39 and 73Winter 2010, as final omitted. These regulations need to be reviewed and updated to reflect current practice. Gary F. Ankabrandt
(717) 783-1982Exercise of First Amendment Rights on Commonwealth Property
4 Pa. Code
Chapter 85Winter 2010, as final omitted. The regulation will be rewritten to reflect the current organizational structure and to conform to changes which will be made to the Statement of Policy in Chapter 86.
Gary F. Ankabrandt
(717) 783-1982Use of the Forum
4 Pa. Code
Chapter 87
Winter 2010, as final omitted. The regulations will be amended to reflect the Department's current use of a rental agreement instead of a permit and to reflect the current organizational structure. Gary F. Ankabrandt
(717) 783-1982State Metrology Laboratory Fee Schedule
70 Pa. Code 110.2Spring 2009, as proposed. The fee schedule will be updated. Gary F. Ankabrandt
(717) 783-1982
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