NOTICES

GOVERNOR'S OFFICE

Regulatory Agenda

[39 Pa.B. 749]
[Saturday, February 7, 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 26th 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 Considered	Proposed Date of Promulgation	Need 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 Appeals	December 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.	Denise Getgen (717) 772-0184
Pa. Code Title VI Chapter 11 Older Adult Daily Living Centers	September 2009, 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) 772-0184
Pa. Code Title VI Chapter 15 Protective Services for Older Adults	December 2009, 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.	Denise Getgen (717) 772-0184
Pa. Code Title VI Chapter 20 Family Caregiver Support Program	December 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) 772-0184
Pa. Code Title VI Chapter 21 Domiciliary Care Services for Adults	December 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) 772-0184
Pa. Code Title VI Chapter 23 Long-Term Care Ombudsman Program	December 2009, 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) 772-0184
AGRICULTURE
Domestic Animal 7 Pa. Code Chapter 2, 3 and 16	June 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) 772-2852
Cervidae 7 Pa. Code Chapter 18	June 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) 772-2852
Animal Exhibition Sanitation 7 Pa. Code Chapter 20a	June 2009, 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 PaC.S. §§ 2501--2504).	Dr. Craig Shultz, DVM (717) 772-2852
Amusement Rides 7 Pa. Code Chapter 139	Published as final at 38 Pa.B. 6843 (December 13, 2008)	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) 787-6772
Harness Racing Commission 58 Pa. Code Chapters 181, 183, 185 and 186--190	May 2009, 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) 787-5196
Horse Racing Commission 58 Pa. Code Chapters 161, 163, 165, 167, 169, 171 and 173	May 2009, 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) 787-1942
Pesticide Regulations 7 Pa. Code Chapter 128	September 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) 772-5214
Fertilizer Regulations 7 Pa. Code Chapter 73	February 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) 772-5215
Soil and Plant Amendment Regulations 7 Pa. Code Chapter 130a	February 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) 772-5215
Clean and Green Regulations 7 Pa. Code Chapter 137b	July 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) 783-3167
Agricultural Conservation Easement Purchase Program Regulations 7 Pa. Code Chapter 138e	July 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) 783-3167
Seed Testing Labeling and Standards 7 Pa. Code Chapter 111	April 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) 787-5609
General Provisions for Seed Certification 7 Pa. Code Chapter 113	April 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) 787-5609
Standards for Seed Certification 7 Pa. Code Chapter 115	April 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) 787-5609
BANKING
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) 787-9573
Regulation defining proper conduct of the mortgage loan business	Promulgated on December 20, 2008.	7 Pa.C.S. § 6138(a)(4) and 7 P. S. § 6212	Robert C. Lopez Deputy Chief Counsel (717) 787-9573
Regulation 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) 787-9573
BOARD OF PARDONS
No regulations being developed or considered at this date.
COMMUNITY & ECONOMIC DEVELOPMENT
Film Production Tax Credit Program (Proposed Regulation)	Spring 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) 783-8452
Industrialized Housing and Components 12 Pa. Code Chapter 145 (Proposed Regulation)	Spring 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) 787-5327
COMMISSION ON CRIME AND DELINQUENCY
37 Pa. Code Chapter 411 Crime Victims Compensation	June 2009, as 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 265-8736
37 Pa. Code Chapter 431 Constables' Education and Training Board	April 2009, as 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 265-8546
CONSERVATION & NATURAL RESOURCES
State Forests (Chapter 21)	Publish proposed rulemaking March 2009	A 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 and Natural Resources Act (71 P. S. §§ 1340.302, 1340.313, 1340.502).	Matt Beaver (717) 783-0379   or   Susan Wood, Esq. (717) 772-4171
State Forest Picnic Areas (Chapter 23)	Publish proposed rulemaking March 2009	The 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 and Natural Resources Act (71 P. S. §§ 1340.302, 1340.313, 1340.502).	Matt Beaver (717) 783-0379   or   Susan Wood, Esq. (717) 772-4171
Conservation of Pennsylvania Native Wild Plants (Chapter 45)	Publish proposed rulemaking June 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   or   Susan Wood, Esq. (717) 772-4171
CORRECTIONS
Promulgation of County Transportation Guidelines	January, 2009	The guidelines are required by Act 81 of 2008, P. L. 1026, No. 81.	Randall N. Sears (717) 731-0444
Revisions to 37 Pa. Code Chapter 93	March 2009, as proposed.	The Motivational Boot Camp regulations are being revised to eliminate unnecessary staffing provisions.	Timothy Holmes (717) 731-0444
Promulgation Recidivism Risk Reduction Incentive Guidelines	January, 2009	The guidelines are required by Act 81 of 2008 P. L. 1026, No. 81.	Randall N. Sears (717) 731-0444
Amendments to 37 Pa. Code § 94.4	March, 2009, as proposed.	The amendment will restrict the ability of individuals to purchase items from outside the institution for inmates.	Theron Perez (717) 731-0444
EDUCATION
Higher Education-- Institutional Approval 22 Pa. Code Chapter 40	May 2009, 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) 787-3787
Standards for Approved Private Schools 22 Pa. Code Chapter 171 Subchapters A and C	Fall 2009, 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.	John Tommasini (717) 783-6134
Academic Standards and Assessment 22 Pa. Code Chapter 4	November 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) 787-2127
Higher Education--Program Approval 22 Pa. Code Chapter 42	March 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) 787-3787
Regulations of the State Board of Private Academic Schools 22 Pa. Code Chapters 51, 53, 55, 57, 61 and 63	Spring 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) 783-9280
Academic Standards and Assessment-- 22 Pa. Code Chapter 4--Appendix A--Academic standards for reading, writing, speaking and listening and mathematics	February 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) 787-3787
Regulations for Pennsylvania Pre-K Counts, Section 1511D, of Act 45, Amending the School Code	January/February 2009, 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) 346-4036
Higher Education--College and University Security 22 Pa. Code Chapter 33	March 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) 787-3787
Higher Education--Branch Campuses for State Supported Institutions 22 Pa. Code Chapter 34	March 2009, as proposed.	This chapter provides requirements and procedures for the establishment, discontinuance and transfer of a branch or campus of state supported institution of higher education in this Commonwealth.	Jim Buckheit   or   Deborah Wynn (717) 787-3787
EMERGENCY MANAGEMENT AGENCY
No regulations being developed or considered at this time.
ENVIRONMENTAL HEARING BOARD
Pa. Code Title 25 Chapter 1021 Practice and Procedure	The 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. The Board is engaged in a pilot project before adopting a new rule on electronic discovery.	Maryanne Wesdock (412) 565-5245
ENVIRONMENTAL PROTECTION
Noncoal Program Noncoal Surface Mining Conservation and Reclamation Act 25 Pa. Code Chapter 77	FY 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 and updates to permit application fees to support program activities.	Bill Allen (717) 783-9580 wallen@state.pa.us
Remining Financial Guarantees and Federal OSM Consistency Rule Surface Mining Conservation & Reclamation Act 25 Pa. Code Chapters 86, 87 and 88	FY 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.us
Water Supply Replacement Surface Mining Conservation & Reclamation Act 25 Pa. Code Chapters 87, 88	FY 08-09	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.us
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). 25 Pa. Code Chapter 401 *See note in Summary	FY 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.us
Mining Fees Surface Mining Conservation and Reclamation Act, 25 Pa. Code Chapters 77, 86, 210 and 211	FY 08-09	Increase permit application fees to support program activities.	Bill Allen (717) 783-9580 wallen@state.pa.us
Areas Unsuitable for Surface Mining Surface Mining Conservation and Reclamation Act 25 Pa. Code Chapter 86	FY 08-09	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.us
Oil & Gas Well Program Oil and Gas Act 25 Pa. Code Chapter 78	FY 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.us
Oil & Gas Well Permit Fees Oil and Gas Act 25 Pa. Code Chapter 78	FY 08-09	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.us
Marcellus Shale Well Permit Fees Oil and Gas Act 25 Pa. Code Chapter 78	FY 08-09	Amendments to Chapter 78 (Oil and Gas) to increase permit fees relative to the development of Marcellus Shale gas wells in Pennsylvania. The rulemaking adds Section 78.19 to include a Marcellus Shale base permit fee of $900 with an additional $100 per 500 feet of well bore drilled passed 1,500 feet.	Ron Gilius (717) 772-2199 rgilius@state.pa.us
Bluff Recession and Setback Amendments Bluff Recession and Setback Act 25 Pa. Code Chapter 85	FY 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.us
Administration of Sewage Facilities Planning Program Pennsylvania Sewage Facilities Act 25 Pa. Code Chapter 71	FY 08-09	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.us
Administration of Sewage Facilities Permitting Program Pennsylvania Sewage Facilities Act 25 Pa. Code Chapter 72	FY 08-09	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 73	FY 08-09	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.us
General Provisions Amendments Clean Streams Law 25 Pa. Code Chapter 91, General Provisions	FY 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.	Kevin McLeary (717) 787-8184 kmcleary@state.pa.us
National Pollution Discharge Elimination System Permitting, Monitoring and Compliance--NPDES Clean Water Act Clean Streams Law 25 Pa. Code Chapter 92	FY 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 and permit-by-rule for Single Residence STPs.	Tom Starosta (717) 787-4317 tstarosta@state.pa.us
Clark Creek, et al Stream Redesignations Package Clean Streams Law 25 Pa. Code Chapter 93	FY 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 and 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.us
Blue Eye Run, et al. Stream Redesignations Package Clean Streams Law 25 Pa. Code Chapter 93	FY 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.us
Triennial 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 Policy	FY 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.us
Municipal Wasteload Management Amendments Clean Streams Law 25 Pa. Code Chapter 94 Municipal Wasteload Management	FY 08-09	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.us
Water Quality Standards Implementation Clean Streams Law 25 Pa. Code Chapter 96	FY 08-09	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.us
Public Notification Revisions Safe Drinking Water Act 25 Pa. Code Chapter 109	FY 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.us
Stage 2 Disinfectants and Disinfection Byproducts Rule Safe Drinking Water Act 25 Pa. Code Chapter 109	FY 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.us
Long-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.us
Chapter 109 General Update Safe Drinking Water Act 25 Pa. Code Chapter 109	FY 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.us
Operator Certification Program Water and Wastewater Systems Operators' Certification Act 25 Pa. Code Chapter 302	FY 08-09	These regulations formalize requirements for certification of drinking water and wastewater system operators.	Veronica Kasi (717) 772-4053 vbkasi@state.pa.us
Lead and Copper Short-Term Revisions Safe Drinking Water Act 25 Pa. Code Chapter 109	FY 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.us
Drinking Water Fees Safe Drinking Water Act 25 Pa. Code Chapter 109	FY 08-09	Amendments to update drinking water program fees.	Kevin McLeary (717) 783-1820 kmcleary@state.pa.us
Microbial Pathogens in Groundwater Rule and Variance and Exemptions Minor Revisions Safe Drinking Water Act 25 Pa. Code Chapter 109	FY 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.us
Erosion and Sediment Control and Stormwater Management Clean Streams Law 25 Pa. Code Chapter 102	FY 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 stormwater management; incorporate buffer provisions; and revise permit requirements by adding a Permit-by-Rule option.	Barbara Beshore (717) 772-5961 bbeshore@state.pa.us
Dam Safety and Waterways Management Dam Safety and Encroachments Act and Clean Streams Law 25 Pa. Code Chapter 105	FY 08-09	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.us
Control of Nitrogen Oxide (NOx) Emissions from Glass Furnaces Air Pollution Control Act 25 Pa. Code Chapters 121 and 129	FY 08-09	The final-form rulemaking would establish 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. 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.us
Control of Nitrogen Oxide (NOx) Emissions from Cement Kilns Air Pollution Control Act 25 Pa. Code Chapters 121, 129 and 145	FY 08-09	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 proposed 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@state.pa.us
Adhesives and Sealants Air Pollution Control Act 25 Pa. Code Chapters 129 and 130	FY 08-09	The proposed 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.	Martin Felion (717) 772-3939 mafelion@state.pa.us
Air Quality Plan Approval and Operating Permit Fees Air Pollution Control Act 25 Pa. Code Chapters 127 and 139	FY 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.us
Nonattainment New Source Review Particulate Matter 2.5 (NNSR PM2.5) Air Pollution Control Act 25 Pa. Code Chapters 121 and 127	FY 08-09	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.us
Underground Storage Tank Operator Training Requirements Storage Tank and Spill Prevention Act 25 Pa. Code Chapter 245	FY 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.us
Municipal and Residual Waste Amendments Solid Waste Management Act and Waste Transportation Safety Act 25 Pa. Code Chapters 271--285 and 287--299	FY 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.us
Administration of the Land Recycling Program (Act 2) Land Recycling and Environmental Remediation Standards Act 25 Pa. Code Chapter 250	FY 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.us
Administration of the Uniform Environmental Covenant Act Uniform Environmental Covenant Act 25 Pa. Code Chapter ______(TBD)	FY 08-09	This rulemaking will establish regulations for the implementation of the Uniform Environmental Covenant Act.	Troy Conrad (717) 783-9480 tconrad@state.pa.us
Environmental Laboratory Accreditation Environmental Laboratory Accreditation Act (Act 90 of 2002) (27 Pa.C.S. §§ 4101 et seq.) 25 Pa. Code Chapter 252	FY 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.	Aaren Shaffer Alger (717) 346-8212 aaalger@state.pa.us

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