[46 Pa.B. 1119]
[Saturday, February 27, 2016]

[Continued from previous Web Page]

Regulation Being Considered	Proposed Date	Need and Legal Basis for	Agency Contact
of Promulgation	Action
Remining Requirements (Subchapters F and G Revisions) 25 Pa. Code Chapters 87, 88, and 90	Quarter 2, 2016 EQB Consideration As Final	This rulemaking includes amendments to remining requirements in order to reflect changes enacted in EPA regulations. The rulemaking incorporates into the Pennsylvania regulations two statistical methods provided in the Federal regulations, eliminating the need to implement methods via individual permits, and providing flexibility regarding the choice of statistical method based on site-specific factors. The rulemaking further provides for remining at sites in which it is infeasible to establish pollution baselines. (Surface Mining Conservation and Reclamation Act)	Bill Allen (717) 783-9580 wallen@pa.gov
Noncoal Program Fee Amendments 25 Pa. Code Chapter 77	Quarter 2, 2016 EQB Consideration As Proposed	This rulemaking will increase fees in order to provide the funding for the Noncoal Mining Program, which implements the Noncoal Surface Mining and Conservation and Reclamation Act (NSMCRA). The rulemaking will provide more revenue in order to implement the NSMCRA, which requires operators to apply for and maintain active permits and licenses to mine noncoal minerals in Pennsylvania. In administering the noncoal mining program, DEP reviews and issues permits and conducts inspections to assure compliance with the permits and performance standards. The increased fee schedule includes increases in both the annual fee and permit fees to reflect the higher wage costs and actual benefit rate. The fees are in alignment with the statutory authorization of DEP to collect a reasonable filing fee. (Noncoal Surface Mining Conservation and Reclamation Act, Clean Streams Law)	Bill Allen (717) 783-9580 wallen@pa.gov
Coal Mining Fee Amendments 25 Pa. Code Chapter 86	Quarter 2, 2016 EQB Consideration As Proposed	This rulemaking will increase coal mining fees. Existing fees cover a small part of the costs of implementing the coal mining program. The coal mining program is paid, in part, by a grant from the Federal Office of Surface Mining. The proposed rulemaking is intended to cover a larger portion of the remaining costs. Proposed fee amounts will be updated to account for current costs for benefits, overhead, and support. Fees are also being recommended for additional applications previously omitted from the existing fee schedule in addition to a proposed annual administration fees to cover the cost of administering permits. (Surface Mining Conservation and Reclamation Act)	Bill Allen (717) 783-9580 wallen@pa.gov
Handling and Use of Explosives 25 Pa. Code Chapters 210 and 211	Quarter 3, 2016 EQB Consideration As Final	This rulemaking will revise current explosives regulations to address blasting activities relating to seismic exploration. The rulemaking will also update explosives use requirements, enforcement authority and eliminate outdated requirements. (Explosives Acts of 1937 and 1957; Surface Mining Conservation and Reclamation Act; and Noncoal Surface Mining Conservation and Reclamation Act)	Rick Lamkie (814) 472-1885 rlamkie@pa.gov
Federal Office of Surface Mining (OSM) Program Consistency Updates 25 Pa. Code Chapters 86, 89, and 90	Quarter 4, 2016 EQB Consideration As Proposed	This rulemaking will include amendments to Chapter 86 in order to comply with Federal regulatory requirements, revisions to Chapter 89 effluent limits for passive treatment systems to comply with Federal regulations, and updates to Chapter 90 coal refuse site selection regulations to comply with the revised Coal Refuse Disposal Control Act. (Surface Mining Conservation and Reclamation Act)	Bill Allen (717) 783-9580 wallen@pa.gov
Water Supply Replacement 25 Pa. Code Chapters 87 and 88	Quarter 4, 2016 EQB Consideration As Proposed	This proposed rulemaking includes 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. (Surface Mining Conservation and Reclamation Act)	Bill Allen (717) 783-9580 wallen@pa.gov
Noncoal Program 25 Pa. Code Chapter 77	Quarter 4, 2016 EQB Consideration As Proposed	This rulemaking includes 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. (Noncoal Surface Mining Conservation and Reclamation Act)	Bill Allen (717) 783-9580 wallen@pa.gov
Underground Coal Mine Safety Performance-Based Cable Safety Requirements 25 Pa. Code Chapter 208	Quarter 2, 2016 BCMS Consideration As Proposed	This rulemaking includes revisions to Chapter 208 in order to enhance the safety of electrical cables in underground mines through the use of metallic shielding or nonmetallic shielding and more sensitive ground fault protection. The regulation will also enhance the safety of underground direct-current machine cables by utilizing ground wire monitors on direct-current equipment. (Bituminous Coal Mine Safety Act)	Colvin ''Craig'' Carson (724) 404-3154 cocarson@pa.gov
Underground Coal Mine Safety Proximity Detection Systems 25 Pa. Code Chapter 208	Quarter 4, 2016 BCMS Consideration As Final	BCMS proposes adding regulatory provisions to Chapter 208 relating to proximity detection systems. Currently in Pennsylvania, safety requirements involving the use of proximity detection systems on continuous mining machines at underground bituminous coal mines are implemented pursuant to recently published Federal Mine Safety and Health Administration regulations. As such, there is no State basis for enforcing these Federal regulations. This rulemaking addresses this gap in the State regulatory scheme and makes those Federal regulations independently enforceable by the Commonwealth. These requirements ensure that continuous mining machines at underground bituminous coal mines are safely operated and maintained in order to reduce the risk of accidents and injuries. (Bituminous Coal Mine Safety Act)	Colvin ''Craig'' Carson (724) 404-3154 cocarson@pa.gov
Environmental Protection Performance Standards at Oil and Gas Well Sites 25 Pa. Code Chapters 78 and 78a, Subchapter C	Quarter 1, 2016 EQB Consideration As Final	This rulemaking includes amendments to the Oil and Gas regulations including separate chapters to differentiate the requirements for conventional (Chapter 78) and unconventional (Chapter 78a) operators and to update the environmental protection performance standards related to oil and gas activities. (2012 Oil and Gas Act, Clean Streams Law, Solid Waste Management Act, Dam Safety Encroachment Act, Land Recycling and Environmental Remediation Standards Act, Radiation Protection Act, Unconventional Well Report Act, Act 126 of 2014)	Kurt Klapkowski (717) 772-2199 kklapkowsk@pa.gov
Well Drilling, Operation, and Plugging 25 Pa. Code Chapter 78, Subchapter D	Quarter 4, 2016 EQB Consideration As Proposed	This rulemaking includes revisions to Chapter 78 (Oil and Gas Wells) Subchapter D, regulating the drilling, casing, cementing, completion, operation, production, plugging and other subsurface activities associated with Oil and Gas exploration and development, including revisions to well plugging procedures, venting, alternative methods, and to address the plugging of unconventional wellbore laterals and coal bed methane wells. (Oil and Gas Act, Clean Streams Law)	Kurt Klapkowski (717) 772-2199 kklapkowsk@pa.gov
Revised Total Coliform Rule 25 Pa. Code Chapter 109	Quarter 3, 2016 EQB Consideration As Final	This rulemaking will amend Chapter 109 to incorporate necessary Federal requirements needed to obtain primary enforcement authority (primacy) for the Revised Total Coliform Rule (RTCR). (Pennsylvania Safe Drinking Water Act)	Jeff Allgyer (717) 772-4015 jallgyer@pa.gov
Disinfectant Residual Requirements Rule 25 Pa. Code Chapter 109	Quarter 4, 2016 EQB Consideration As Final	This rulemaking will amend Chapter 109 to revise the minimum disinfectant residual level maintained in public water distribution systems and the related monitoring and reporting requirements. This rulemaking will also clarify other existing provisions to obtain primacy for the Federal Long Term 2 Enhanced Surface Water Treatment Rule, Short-term Revisions to the Lead and Copper Rule, and the Stage 2 Disinfection Byproducts Rule. (Pennsylvania Safe Drinking Water Act)	Lisa Daniels/ Dawn Hissner (717) 772-4018 ldaniels@pa.gov; dhissner@pa.gov
Safe Drinking Water General Update and Fee Amendments 25 Pa. Code Chapter 109	Quarter 4, 2016 EQB Consideration As Proposed	This rulemaking will amend Chapter 109 to strengthen turbidity standards for surface water filtration plants, update and clarify permitting requirements for new sources, and clarify source water protection requirements and other sections of Chapter 109. This rulemaking will also establish new annual fees and increase permit fees to supplement state costs for administering the Safe Drinking Water Program. (Pennsylvania Safe Drinking Water Act)	Lisa Daniels/ Phil Consonery (717) 787-9633 ldaniels@pa.gov pconsonery@pa.gov
Nutrient Credit Trading and Offsetting Program 25 Pa. Code § 96.8 and Chapter 98	Quarter 2, 2016 EQB Consideration As Proposed	This rulemaking will rescind Chapter 96.8 related to the implementation of a nutrient credit trading program and create a new, separate Chapter 98 for this program. The rulemaking is also intended to implement program enhancements designed to address United States Environmental Protection Agency (EPA) concerns, streamline the current process for the certification, registration and verification of credits and allow for the implementation of a Statewide trading program. (Clean Streams Law)	Veronica Kasi (717) 772-4053 vbkasi@pa.gov
Water Quality Standards—Class A Stream Redesignations 25 Pa. Code Chapter 93	Quarter 3, 2016 EQB Consideration As Final	The proposed changes in this rulemaking are the result of stream evaluations conducted by DEP in response to a submittal of data from the Pennsylvania Fish and Boat Commission (PFBC) under 25 Pa. Code § 93.4c (relating to implementation of antidegradation requirements). Section 93.4c(a)(1) pertains to the process for changing a designated use of a stream. In this proposal, redesignations rely on § 93.4b(a)(2)(ii) to qualify streams for High Quality designations based upon their classifications as Class A wild	Rodney Kime (717) 787-9637 rkime@pa.gov
		trout streams. Department staff conducted an independent review of the trout biomass data in the PFBC's fisheries management reports for streams throughout the Commonwealth. This review was conducted to ensure that the High Quality criteria were met. Based on these data and appropriate regulatory criteria, DEP developed this package of stream redesignations including High Quality stream redesignations in the Delaware, Susquehanna and Ohio River basins. (Section 303(c)(1) of the Federal Clean Water Act)
Triennial Review of Water Quality Standards and Updates to Toxics Management Strategy—Statement of Policy 25 Pa. Code Chapters 93 and 16	Quarter 2, 2016 EQB Consideration As Proposed	This rulemaking will include revisions to the Commonwealth's water quality criteria and standards in Chapter 93 and updates to Chapter 16 Statement of Policy 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. (40 CFR Section 131.20)	Tom Barron (717) 787-9637 tbarron@pa.gov
Administration of Sewage Facilities Planning and Permitting Programs and Standards for Onlot Sewage Treatment Facilities 25 Pa. Code Chapters 71, 72, and 73	Quarter 4, 2016 EQB Consideration As Proposed	This proposed rulemaking will create 25 Pa. Code Chapters 71a, 72a and 73a, replacing the current Chapters 71, 72 and 73. The proposed amendments would provide necessary updates and clarity to the regulations to address environmental and public health and safety issues. (Pennsylvania Sewage Facilities Act, Clean Streams Law)	Ron Furlan (717) 787-8184 rfurlan@pa.gov
Environmental Laboratory Accreditation Fee Amendments 25 Pa. Code Chapter 252	Quarter 2, 2016 EQB Consideration As Proposed	This rulemaking proposes to establish appropriate standards for laboratories performing DEP compliance testing of environmental samples. The rulemaking outlines the minimum requirements to which laboratories must adhere when producing environmental data. The anticipated changes to the Chapter 252 regulation will include changes to the qualifications for laboratory supervisors, clarifications to recordkeeping requirements, and changes to the application fees and out-of-state travel expense reimbursement rate. The Environmental Laboratory Accreditation Act requires that the accreditation fees cover the cost of the operation of the laboratory accreditation program. (Environmental Laboratory Accreditation Act)	Aaren Alger (717) 346-8212 aaalger@pa.gov
Administration of Land Recycling Program 25 Pa. Code Chapter 250	Quarter 1, 2016 EQB Consideration As Final	The rulemaking amends 25 Pa. Code Chapter 250 to update the Medium-Specific Concentrations (MSCs) established under the Statewide health standard based on the most recent published scientific information. MSCs are concentrations of contaminants in soil and groundwater that are protective of human health and the environment under various exposure scenarios. The regulations identify the formulas DEP must use to calculate MSCs and the sources of the toxicological information. (Land Recycling and Environmental Remediation Standards Act)	Troy Conrad (717) 783-9480 tconrad@pa.gov
Administration of the Storage Tank and Spill Prevention Program 25 Pa. Code Chapter 245	Quarter 4, 2016 EQB Consideration As Proposed	This rulemaking proposes to amend current regulations at 25 Pa. Code Chapter 245, Administration of the Storage Tank and Spill Prevention Program. The purpose for the rulemaking is to strengthen the underground storage tank (UST) requirements by increasing the emphasis on properly operating and maintaining equipment. Currently, UST owners and operators are required to have spill prevention, overfill prevention, and release detection equipment in place, but are not required to periodically verify the functionality of some of that equipment. The proposed changes are expected to result in significant improvements in the routine operation, maintenance and monitoring of underground storage tanks which will help to further reduce the number of releases from underground storage tanks and in turn protect public health and the environment. (Storage Tank and Spill Prevention Act)	Charles Swokel (717) 772-5806 cswokel@pa.gov
Radiation Protection Program Fees 25 Pa. Code Chapters 218 and 240	Quarter 1, 2016 EQB Consideration As Proposed	This proposed rulemaking will amend Chapters 218 and 240 relating to fees. DEP must review the adequacy of established fees every three years. The current fee review indicates the need for a fee increase in two program areas. The Radioactive Materials and Decommissioning Program and the Radon Program fee revenue for these program areas is insufficient to cover program costs. (Radiation Protection Act and Radon Certification Act)	Joseph Melnic (717) 783-9730 jmelnic@pa.gov
Radiological Health 25 Pa. Code Chapters 215—240	Quarter 2, 2016 EQB Consideration As Proposed	This proposed rulemaking will amend Chapters 215—240 to update Computed Tomography and Fluoroscopic regulations; to address new X-ray technology that is not addressed in current regulations; and to include comprehensive updates to the radon regulations to incorporate procedures and protocols that are not addressed in the current regulations. Additional items of clarification are 45-day reporting and application requirements, specifying the number of mitigation firm employees, and numerous changes and additions to the definitions section. (Radiation Protection Act and Radon Certification Act)	Joseph Melnic (717) 783-9730 jmelnic@pa.gov
Additional RACT Requirements for Major Sources of NOx and VOCs 25 Pa. Code Chapter 129	Quarter 1, 2016 IRRC Consideration	This rulemaking amends Chapter 129 to establish additional reasonably available control technology (RACT) requirements for major stationary sources of nitrogen oxides and volatile organic compound (VOC) emissions to fulfill 8-hour ozone RACT requirements for all major sources not covered by Federal Control Techniques Guidelines (CTG) recommendations. Upon promulgation, the final-form regulation will be submitted to the EPA for approval as a revision to the State Implementation Plan. (Air Pollution Control Act)	Susan Hoyle (717) 772-2329 shoyle@pa.gov
Control of VOC Emissions from Miscellaneous Metal and Plastic Parts Coatings 25 Pa. Code Chapter 129	Quarter 2, 2016 EQB Consideration As Final	This rulemaking amends the existing surface coating regulations under Chapter 129 to further reduce the emissions of volatile organic compounds from miscellaneous metal and plastic parts coatings to meet the Clean Air Act ''reasonably available control measures,'' including RACT requirements for ozone nonattainment areas. The emission limits and work practice standards are consistent with the recommendations of the EPA included in the corresponding CTG for this source category. Upon promulgation, the final-form regulation will be submitted to the EPA for approval as a revision to the State Implementation Plan. (Air Pollution Control Act)	Susan Hoyle (717) 772-2329 shoyle@pa.gov
Control of VOC Emissions from Automobile and Light-Duty Truck Assembly Coatings 25 Pa. Code Chapter 129	Quarter 2, 2016 EQB Consideration As Final	This rulemaking amends the existing surface coating regulations under Chapter 129 to further reduce the emissions of volatile organic compounds from automobile and light-duty truck assembly coatings to meet the Clean Air Act ''reasonably available control measures,'' including RACT requirements for ozone nonattainment areas. The emission limits and work practice standards are consistent with the recommendations of the EPA included in the corresponding CTG for this source category. Upon promulgation, the final-form regulation will be submitted to the EPA for approval as a revision to the State Implementation Plan. (Air Pollution Control Act)	Susan Hoyle (717) 772-2329 shoyle@pa.gov
Control of VOC Emissions from Industrial Cleaning Solvents 25 Pa. Code Chapter 129	Quarter 2, 2016 EQB Consideration As Proposed	The proposed rulemaking will amend the existing surface coating regulations under Chapter 129 to reduce the emissions of volatile organic compounds from industrial cleaning solvents not regulated elsewhere in 25 Pa. Code Article III to meet the Clean Air Act ''reasonably available control measures,'' including RACT requirements for ozone nonattainment areas. The emission limits and work practice standards would be consistent with the recommendations of the EPA included in the corresponding CTG for industrial cleaning solvents. Upon promulgation, the final-form regulation will be submitted to the EPA for approval as a revision to the State Implementation Plan. (Air Pollution Control Act)	Susan Hoyle (717) 772-2329 shoyle@pa.gov
Air Quality Fee Schedule Amendments 25 Pa. Code Chapters 127 and 139	Quarter 2, 2016 EQB Consideration As Proposed	The proposed rulemaking will revise existing requirements and fee schedules codified in 25 Pa. Code Chapter 127, Subchapter I (relating to plan approval and operating permit fees) to ensure that fees collected are sufficient to cover the costs of administering the air program as required under Section 6.3(a) of the Air Pollution Control (35 P. S. § 4006.3(a)). In addition to increasing the plan approval and operating permit application fees, the proposed rulemaking would add fees applicable to plan approval modifications and requests for determination of plan approval and operating permit requirements. The proposed rulemaking would also add separate fees for risk assessments and a revised fee structure for Title V facilities. The proposed rulemaking would also establish fee requirements in a new Subchapter D (relating to testing, auditing and monitoring fees) in Chapter 139 (relating to sampling and testing) to address Department-performed source testing, test report reviews and auditing and monitoring activities related to continuous emissions monitoring systems (CEMS). Upon promulgation, the final-form regulation will be submitted to the EPA for approval as a revision to the State Implementation Plan or the Title V Program Approval, as appropriate. (Air Pollution Control Act)	Susan Hoyle (717) 772-2329 shoyle@pa.gov
Low RVP Gasoline Repeal 25 Pa. Code Chapters 121, 126 and 139	Quarter 2, 2016 EQB Consideration As Proposed	The proposed rulemaking will rescind certain provisions codified in 25 Pa. Code Chapters 121, 126 and 139 (relating to general provisions; motor vehicle and fuels programs; and sampling and testing). The proposed rulemaking would repeal §§ 126.301—126.303 and 139.14(b)(8) (relating to gasoline volatility requirements; and emissions of VOCs). Sections 126.301—126.303 impose requirements for summer low Reid Vapor Pressure (RVP) gasoline in the Pittsburgh-Beaver Valley Area (Allegheny, Armstrong, Beaver, Butler, Fayette, Washington and Westmoreland Counties) from May 1 to September 15 as an emission reduction measure to address attainment and maintenance of the 1-hour ozone National Ambient Air Quality Standard (NAAQS). Section 139.14(b)(8) specifies the sampling and testing methods for analysis of low RVP gasoline. Amendments to § 121.1 (relating to definitions) would also be proposed, as appropriate, to support the rescission of §§ 126.301—126.303 and 139.14(b)(8). The proposed rulemaking is in response to Act 50 of 2014 (P. L. 674, May 14, 2014), which directs the EQB to promulgate regulations to repeal the requirements for low RVP gasoline upon demonstration of continued compliance with the NAAQS through the use of commensurate emission reductions from other air pollution control measures. Upon promulgation, the final-form regulation will be submitted to the EPA for approval as a revision to the State Implementation Plan. (Air Pollution Control Act)	Susan Hoyle (717) 772-2329 shoyle@pa.gov
Control of VOCs from Gasoline Dispensing Facilities (Stage II) 25 Pa. Code § 129.82	Quarter 3, 2016 EQB Consideration As Proposed	The proposed rulemaking will amend 25 Pa. Code § 129.82 (relating to control of VOCs from gasoline dispensing facilities (Stage II)) to remove the requirements for installing new and operating existing Stage II vapor recovery systems. The proposed rulemaking would establish procedures for the decommissioning of existing Stage II systems and would require Stage II systems that are not decommissioned to still comply with existing regulatory maintenance requirements. Upon promulgation, the final-form regulation will be submitted to the EPA for approval as a revision to the State Implementation Plan. (Air Pollution Control Act)	Susan Hoyle (717) 772-2329 shoyle@pa.gov
Amendments to Mobile Equipment Repair and Refinishing 25 Pa. Code Chapters 121 and 129	Quarter 4, 2016 EQB Consideration As Proposed	This proposed rulemaking will amend the existing surface coating regulations in 25 Pa. Code § 129.75 to coordinate emission limits and work practice requirements of the Clean Air Act ''reasonably available control technology'' requirements for automobiles and light-duty trucks and the Ozone Transport Commission model rule requirements for motor vehicle and mobile equipment non-assembly line coating operations. Clarifying amendments would be proposed for the adhesives, sealants, primers and solvents regulations in 25 Pa. Code §§ 129.77 and 130.701—130.708. Amendments to 25 Pa. Code § 121.1 would also be proposed to support the amendments to Chapter 129. Upon promulgation, the final-form regulation will be submitted to the EPA for approval as a revision to the State Implementation Plan. (Air Pollution Control Act)	Susan Hoyle (717) 772-2329 shoyle@pa.gov
Department of General Services (DGS)
Committee on Construction Contract Documents 4 Pa. Code Chapter 62 (#8-21)	2016, as Final-Omitted	The Procurement Code repealed the legislation creating this committee, which no longer exists.	Liz O'Reilly (717) 787-7095 Ed Olivieri (717) 783-3280
Selections Committee 4 Pa. Code Chapter 64 (#8-22)	2016, as Final-Omitted	These regulations should be rescinded since they have been superseded by the Commonwealth Procurement Code.	Liz O'Reilly (717) 787-7095 Ed Olivieri (717) 783-3280

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