NOTICES

GOVERNOR'S OFFICE

Regulatory Agenda

[47 Pa.B. 740]
[Saturday, February 4, 2017]

 Executive Order 1996-1 requires all agencies under the jurisdiction of the Governor to submit an agenda of regulations under development or consideration, for publication on the first Saturdays in February and July.

 The agendas are compiled to provide members of the regulated community advanced notice of regulatory activity. It is the intention of the Administration that these agendas will serve to increase public participation in the regulatory process.

 Agency contacts should be contacted for more information regarding the regulation and the procedure for submitting comments.

 This Agenda represents the Administration's present intentions regarding future regulations. The nature and complexity of an individual regulation obviously will determine whether and when any particular regulation listed (as well as any considered subsequent to publication of this Agenda) is published.

Regulation Being Considered	Proposed Date	Need and Legal Basis for	Agency Contact
of Promulgation	Action
Office of Administration (OA)
No regulations being developed or considered at this time.
Department of Aging
Older Adult Daily Living Centers 6 Pa. Code Chapter 11	Fall 2017, as Proposed	The purpose of 6 Pa. Code Chapter 11 is to protect the health, safety and well-being of persons with functional impairments for the licensure and operation of Older Adult Daily Living Centers (OADLC). These regulations—the statutory authority for which is found in Act 118 of 1990 and in 62 P.S., Chapter 2 § 1511—were adopted on July 2, 1993 and effective October 12, 1993. The Pennsylvania Department of Aging is responsible for the enforcement of these regulations. OADLC services provide a structured program of services to clients who require the service along with valuable respite to caregivers. The proposed rulemaking would update the existing regulatory language to address changes in other statutes, regulations, codes, ordinances, and other professional standards and practices, along with addressing the increasing frailty of clients served in OADLC.	Kevin Longenecker (717) 265-7568
Pennsylvania Community Adult Respite Services Program Act 166 of 2014	Fall 2017, as Proposed	Act 166 of 2014 (P.L. 2615, Oct. 22, 2014, No. 166) created a new program called the Pennsylvania Community Adult Respite Services Program (CARP), authorizing the Department of Aging to license and inspect community adult respite services programs that serve participants with minor functional impairments. The purpose of the proposed rulemaking is to provide guidance to persons wishing to provide community adult respite services to eligible persons for part of a 24-hour day, filling a niche between senior centers and older adult daily living centers, as required by Act 166 of 2014.	Kevin Longenecker (717) 265-7568
Department of Agriculture
Domestic Animal 7 Pa. Code Chapters 2, 3, 16, 18 and 20a	December 2017, as Proposed	The long-term project is intended to update the Department's Regulatory authority to make it more consistent with the provisions of the Domestic Animal Law (3 Pa.C.S. §§ 2301—2389).	David Wolfgang, DVM, Director (717) 772-2852
Weights and Measures Regulations 70 Pa. Code Chapters 1—101	July 2017, as Proposed	This long-term project is intended to update the Department's regulations authorized by the Consolidated Weights and Measures Act. The Department may delay this project to pursue statutory changes before proceeding.	Walt Remmert (717) 787-6772
Agriculture Conservation Easement Purchase Program Regulations 7 Pa. Code Chapter 138e	April 2017, 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 regulations.	Douglas Wolfgang (717) 783-3167
Pennsylvania Preferred Program Regulations 7 Pa. Code Chapter 107	April 2017, as Proposed	This regulation will establish standards required under the Pennsylvania Preferred Act (3 Pa.C.S. §§ 4601—4611).	Hannah Smith- Brubaker (717) 783-8462
Tuberculosis and Brucellosis Testing Requirements for Animals 7 Pa. Code Chapters 3, 5 and 7	July 2017, as Proposed	This regulation will rescind outdated and unnecessary tuberculosis and brucellosis testing requirements relating to animals.	David Wolfgang, DVM, Director (717) 772-2852
Pennsylvania Vegetable Marketing Program 7 Pa. Code Chapter 104	April 2017, as Proposed	This regulation will update and simplify the process by which the Pennsylvania Vegetable Marketing Program collects ''producer charges'' to fund its marketing and research efforts from participating Pennsylvania vegetable producers.	William Troxell (717) 694-3596
Rabies Prevention and Control 7 Pa. Code Chapter 16	March 2017, as Proposed	The regulation will update current regulations to reflect statutory changes and otherwise update the current regulations.	Nanette Hanshaw, DVM (717) 783-6677
Domestic Animal Technicians 7 Pa. Code Chapter 20a	March 2017, as Proposed	This regulation will implement a provision of the Domestic Animal Law, addressing certification, training and recordkeeping requirements for Domestic Animal Technicians.	Nanette Hanshaw, DVM (717) 783-6677
Commercial Kennel Canine Health Regulations 7 Pa. Code Chapter 28a	April 2017, as Proposed	The regulation will rescind a provision that Commonwealth Court has determined is not authorized by the underlying statute and is contradictory to the legislative intent.	Kristen Donmoyer (717) 705-8896
Weights, Measures and Standards 7 Pa. Code Chapter 9	April 2017, as Proposed	The regulation will rescind outdated paperwork requirements relating to the issuance of weighmaster certificates.	Walt Remmert (717) 787-6772
Department of Banking and Securities (DOBS)
Merger-related amendatory regulations under the Pennsylvania Securities Act of 1972 10 Pa. Code §§ 1.1, 102.021—1001.010	Spring 2017, as Final	The rulemaking amends various sections of the Securities Regulation to: replace obsolete terminology; correct formatting and word choice issues; delete multiple statements of policy; reduce compliance requirements; permit electronic format submissions as well as electronic filing; and align the language of the regulation with NASAA model rules and SEC rules and regulations. (Required pursuant to 70 P.S. § 1-609.)	Leo Pandeladis (717) 787-1471
Modernization of banking regulations under the Banking Code of 1965	Fall/Winter 2017, as Proposed	The Banking Code of 1965 underwent substantial modernization in 2014 and there is a need for the regulations to reflect recent legislative changes. (Act of November 30, 1965, P.L. 847, No. 356, as amended.)	Leo Pandeladis (717) 787-1471
Department of Community and Economic Development (DCED)
Local Earned Income Tax (Act 32 of 2008 Regulations) 12 Pa. Code Chapter 151 (# 4-97)	Winter 2017, as Final	The proposed regulation interprets and makes specific the provisions of the Local Tax Enabling Act, as provided in Chapter 5 of the act (53 P.S. § 6924.501 et seq.). The proposed regulation establishes procedures to supplement the implementation of the act which will facilitate consolidated collection of local income taxes in this Commonwealth. The proposed regulations were approved by the Office of General Counsel on May 17, 2016 and are currently under review with the Office of Attorney General.	Lori Irwin (717) 720-7311
Department of Conservation and Natural Resources (DCNR)
Conservation of Pennsylvania Native Wild Plants 17 Pa. Code Chapter 4	October 2017, as Proposed	The purpose of the rulemaking is to update the department's listing of Pennsylvania's classified plant species. The legal basis for the rulemaking is: Section 7 of the Wild Resource Conservation Act (32 P.S. § 5307); as well as Sections 305 and 313 of the Conservation and Natural Resources Act (71 P.S. § 1340.305 and § 1340.313).	Ellen Shultzbarger (717) 214-3818 Stephen Ekema-Agbaw, Esq. (717) 772-4171
Snowmobile and All-Terrain Vehicle Grants, 17 Pa. Code Chapter 53	September 2017, as Proposed	The purpose of this rulemaking is to comply with the Act of July 20, 2016, P.L. 837, No. 97, codified in 75 Pa.C.S. § 7706(b.1) of the Vehicle Code, which mandates this rulemaking. The Act instructs the Department to promulgate regulations implementing a grant program using funds from the snowmobile and ATV management restricted accounts, created by the Act.	Mark Hansford (717) 772-3704 Stephen Ekema-Agbaw (717) 772-4171
Department of Corrections (DOC)
Reception and Discharge of Inmates 37 Pa. Code § 91.3	Fall 2017, as Proposed	The county reception regulations are being revised to be consistent with statutory law mandating that certain documentation be presented by the counties before inmate reception can occur.	Tracey Tubbs (717) 728-7763
Inmate Correspondence 37 Pa. Code § 93.2	Fall 2017, as Proposed	The inmate correspondence regulations are being revised for clarification and to more accurately comport with current standards.	Tracey Tubbs (717) 728-7763
Purchase for Inmates by Family and Friends 37 Pa. Code § 93.4	Fall 2017, as Proposed	Purchase for inmates by family and friends regulations are being revised for clarification and more accurately comport with current standards.	Tracey Tubbs (717) 728-7763
Motivational Boot Camps 37 Pa. Code §§ 93.301—93.308	Fall 2017, as Proposed	The Motivational Boot Camp regulations are being revised to conform the statutory references and to reduce costs by eliminating unnecessary mandates.	Tracey Tubbs (717) 728-7763
Inmate Correspondence 37 Pa. Code § 93.2	Fall 2017, as Proposed	Revise and/or repeal regulations regarding inmate correspondence to align with more robust internal policies that have been developed, and where necessary reconcile any such policies and regulations that may conflict with one another.	Tracey Tubbs (717) 728-7763
Inmate Discipline 37 Pa. Code § 93.10	Fall 2017, as Proposed	Revise and/or repeal regulations regarding inmate discipline to align with more robust internal policies that have been developed, and where necessary reconcile any such policies and regulations that may conflict with one another.	Tracey Tubbs (717) 728-7763
County Correctional Institutions 37 Pa. Code §§ 95.220—95.248	Fall 2017, as Proposed	The Department will undertake a review of existing regulations related to county correctional institutions, with the goal of updating them and eliminating outdated and obsolete provisions. This proposed rulemaking would generally amend, update and clarify these regulations.	Tracey Tubbs (717) 728-7763
Department of Drug and Alcohol Programs (DDAP)
Standards for Licensure of Treatment Facilities 28 Pa. Code Chapter 709 (# 74-3)	Spring 2017, as Proposed	The regulation will be revised to enlarge the amount of time between inspections for the free standing drug and alcohol facilities that, for the last two years, have not had any citations in four critical areas (conduct or omissions that jeopardized the safety of any persons, compromised the quality of treatment provided, violated a client's confidentiality rights or resulted in treatment being provided without informed consent) and have reasonably and timely taken any remedial measure requested by the Department. Act 50 of 2010 authorizes DDAP to modify existing drug and alcohol regulations.	Tawny Mummah (717) 736-7448
Department of Education (PDE)
State Board of Private Licensed Schools 22 Pa. Code Chapter 73 (# 6-334)	Fall 2017, as Final	These regulations define the requirements for obtaining licensure or registration and for operating as a Private Licensed School. The regulations also define the investigatory and hearing process for enforcement of statutory and regulatory requirements. The Board plans to update the regulations which were promulgated in 1988 to reflect inflation and to address certain issues that have arisen during that time. The regulations are promulgated under the authority of the Private Licensed Schools Act—24 P.S. § 6514.	Patricia Landis (717) 783-8228
Department of Education 22 Pa. Code Chapter 741 (# 6-337)	Spring 2017, as Final-Omitted	These new regulations will implement Act 35 of 2016 to establish fees to support the administrative work of the Department in joining a regional education compact, participating in the State Authorization Reciprocity Agreement (SARA) and registering and monitoring Pennsylvania institutions of higher education that seek to participate in SARA.	Patricia Landis (717) 783-8228
Regulations of the State Board of Private Academic Schools 22 Pa. Code Chapters 51, 53, 55, 57, 59, 61, 63, 73	Spring 2017, as Proposed	These regulations define the requirements for obtaining licensure as a Private Academic School. The Board is currently in the process of updating the regulations, which were promulgated in 1988. The regulations are promulgated under the authority of the Private Academic Schools Act (24 P.S. § 6701 et. seq.).	Matthew Stem (717) 787-2127
Standards for Approved Private Schools 22 Pa. Code Chapter 171, Subchapters A and C	Summer 2017, as Proposed	These standards define the elements of Approved Private Schools and the Chartered Schools (schools for the deaf and blind). This subchapter contains general provisions, which the Department seeks to update to conform to intervening changes in applicable law. The standards are promulgated under the authority of sections 1376 and 1376.1 of the Public School Code of 1949, 24 P.S. §§ 13-1376 and 1376.1.	Alaina Koltash (717) 787-5500
Regulations of the State Library and Advisory Council on Library Development 22 Pa. Code Chapters 127, 131, 133, 135, 141, 142 and 143	Winter 2017, as Proposed	The Department will be promulgating regulations under the authority of the Library Code of 2012, Act 210 of 2012, P.L. 2411. The Department plans to update the regulations (promulgated in 1962) in 2017. These regulations will address the use of the State Library, the Advisory Council on Library Development, general provisions and plans for the use of State Aid, certification of library personnel, grants for public library facilities and State document depositories.	Glenn Miller (717) 783-2466
State Board of Education 22 Pa. Code Chapter 11 (# 6-336)	Winter 2016-17, as Final	These regulations concurrently address proposed regulatory changes of the Department of Health related to school immunization requirements. The proposed revisions would scale back the current period for provisional admission to school from eight months to five school days and ensure that provisions addressing the admission of non-immunized students are consistent with the immunization requirements set forth by the Department of Health. The regulation is promulgated under the authority of the Public School Code of 1949 (24 P.S. §§ 26-2603-B, 26-2604-B).	Karen Molchanow (717) 787-3787
State Board of Education 22 Pa. Code Chapter 405	Summer 2017, as Proposed	Amending the regulation to provide the Secretary of Education with waiver authority. These regulations are authorized under 24 P.S. § 15-1513-D(1) of the Public School Code.	Ernest Helling (717) 787-5500
Standards of the Pennsylvania Department of Education 22 Pa. Code Chapter 403	Spring 2017, as Proposed	Amending the current regulations to comply with the Every Student Succeeds Act, (Pub.L. 114-95). These regulations are authorized under section 2603-B(d)(10)(i) of the Public School Code of 1949 (24 P.S. § 26-2603-B(d)(10)(i)).	Samantha Snyder (717) 787-5500
Professional Standards and Practices Commission 22 Pa. Code Chapter 235	Winter 2016-17, as Proposed	This chapter sets forth the standards for professional practice and conduct applicable to educators. The Commission plans to update this chapter to conform to the 2014 amendments to the Educator Discipline Act (24 P.S. § 2070.1a et seq.) and to endorse the Model Code of Ethics for Educators developed under the leadership of the National Association of State Directors of Teacher Education and Certification (NASDTEC). The regulation is promulgated under the authority of sections 5(a)(10) and 5(a)(14) of the Educator Discipline Act (24 P.S. § 2070.5(a)(10) and § 2070.5(a)(14)).	Shane Crosby (717) 787-6576
Professional Standards and Practices Commission 22 Pa. Code Chapter 237, Subchapter A	Winter 2016-17, as Final-Omitted	This subchapter contains definitions of statutory terms, which the Commission plans to update to conform to the 2014 amendments to the Educator Discipline Act (24 P.S. § 2070.1a et seq.). The regulation is promulgated under the authority of sections 5(a)(14) and 9c(b) of the Educator Discipline Act (24 P.S. § 2070.5(a)(14) and § 2070.9c(b)).	Shane Crosby (717) 787-6576
Department of Education	Spring 2017, as Proposed	These regulations will address the possession and use of medical marijuana by students and employees on the grounds of a preschool, primary school and a secondary school. These regulations are promulgated under authority of the Medical Marijuana Act (2016 Pa. Laws 16).	Wallace Rejrat (717) 787-5500
Department of Education 22 Pa. Code Chapter 354	Spring 2017, as Proposed	Amending the current teacher preparation regulations to comply with the final regulations promulgated by the U.S. Department of Education in October 2016 regarding teacher preparation reporting requirements as part of Title II of the Higher Education Act.	Wil Del Pilar (717) 772-3737
Environmental Hearing Board (EHB)
Practice and Procedure 25 Pa. Code Chapter 1021 (# 106-12)	Winter 2017, as Final	The Environmental Hearing Board proposed revisions to its rules which were published in the December 9, 2015 issue of the Pennsylvania Bulletin. Comments were received from IRRC and the public. Final rulemaking was submitted to the Governor's Office of Policy, Office of the Budget and Office of General Counsel on October 24, 2016 for review and approval before further action. The proposed revisions to the Environmental Hearing Board Rules of Practice and Procedure that will go into effect as final rulemaking are as follows: (1) amend sec. 1021.21 to correct an omission in the prior rule and recognize that an appeal can be instituted by the filing of a notice of appeal or a complaint depending on the statute at issue; (2) add a comment to sec. 2010.21 to notify out-of-state attorneys that they are not subject to the IOLTA fee when they appear pro hac vice in a Board proceeding; (3) clarify rules in sec. 1021.32 pertaining to electronic filing registration to conform to the registration form that is provided on the Board's electronic filing site; (4) clarify language in sec. 1021.33 pertaining to service by the Board; (5) amend sec. 1021.34 to explain that the Board will only serve copies of orders by mail to parties who have been excused from electronic filing; (6) clarify language in sec. 1021.39 to clarify when the date and time of filing will appear by the electronic filing provider; (7) amend 1021.51 to explain what appellant must attach with its notice of appeal; (8) correct a typographical error in sec. 1021.52(b); (9) amend the title of sec 1021.103 to include notices to attend and notices to produce; (10) amend comment to sec 1021.141 to clarify that the Board makes the determination of a dismissal with or without prejudice on a case-by-case basis; (11) add sec 1021.153 to explain the procedure for filing an application for interlocutory appeal; and (12) amend sec. 1021.21 to correspond to appellate rules on filing petitions for review with the Commonwealth Court.	Maryanne Wesdock, Senior Assistant Counsel (412) 565-5245
Department of Environmental Protection (DEP)
Underground Coal Mine Safety Sensitive Ground Fault 25 Pa. Code Chapter 208	Quarter 3, 2017, BCMS Consideration, as Final	This rulemaking includes proposed revisions to Chapter 208 in order to enhance the safety of electrical cables in underground mines through the use of more sensitive ground fault protection. (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 3, 2017, BCMS Consideration, as Final	This rulemaking adds regulatory provisions 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. This rulemaking 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
Handling and Use of Explosives 25 Pa. Code Chapters 210 and 211	Quarter 1, 2017, EQB Consideration, as Final	This rulemaking revises current explosives regulations to address blasting activities relating to seismic exploration. The rulemaking also updates explosives use requirements, enforcement authority and eliminates 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 3, 2017, EQB Consideration, as Proposed	This rulemaking proposes to amend Chapter 86 in order to comply with Federal regulatory requirements; to revise (Chapter 89) effluent limits for passive treatment systems to comply with Federal regulations, and to update (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
Noncoal Program Fee Amendments 25 Pa. Code Chapter 77	Quarter 4, 2017, EQB Consideration, as Proposed	This rulemaking proposes to 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 proposes to 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. (Noncoal Surface Mining Conservation and Reclamation Act, Clean Streams Law)	Bill Allen (717) 783-9580 wallen@pa.gov
Well Drilling, Operation, and Plugging 25 Pa. Code Chapter 78, Subchapter D	Quarter 4, 2017, EQB Consideration, as Proposed	This rulemaking proposes to revise 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
Environmental Protection Performance Standards for Conventional Oil and Gas Operators 25 Pa. Code Chapter 78	Quarter 4, 2017, EQB Consideration, as Proposed	This rulemaking proposes to amend the Oil and Gas regulations applicable to conventional operators (Chapter 78) 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
Disinfection Requirements Rule 25 Pa. Code Chapter 109	Quarter 3, 2017, EQB Consideration, as Final	This rulemaking amends Chapter 109 to revise the minimum disinfectant residual level maintained in public water distribution systems and the related monitoring and reporting requirements. This rulemaking also clarifies 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 2, 2017, EQB Consideration, as Proposed	This rulemaking proposes 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 also proposes to establish new annual fees and increase permit fees to supplement State costs for administering the Safe Drinking Water Program. (Pennsylvania Safe Drinking Water Act)	Ed Chescatti (717) 772-2184 echescatti@pa.gov
Water Quality Standards— Class A Stream Redesignations 25 Pa. Code Chapter 93	Quarter 2, 2017, EQB Consideration, as Final	The regulatory changes included 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). In this rulemaking, redesignations rely on § 93.4b(a)(2)(ii) to qualify streams for High Quality (HQ) designations based upon their classifications as Class A wild trout streams. DEP staff conducted an independent review of the trout biomass data in the PFBC's fisheries management reports for streams throughout the Commonwealth to ensure that the HQ criteria were met. Based on these data and appropriate regulatory criteria, DEP developed this package of stream redesignations including HQ stream redesignations in the Delaware, Susquehanna and Ohio River basins. (Section 303(c)(1) of the Federal Clean Water Act)	Rodney Kime (717) 787-9637 rkime@pa.gov
Water Quality Standards— Sobers Run et al., Stream Redesignations 25 Pa. Code Chapter 93	Quarter 3, 2017, EQB Consideration, as Final	This rulemaking contains waterbodies that are candidates for redesignation. Stream evaluations were conducted by DEP to determine the appropriate designated use of the candidate waterbodies. The streams included in this rulemaking were evaluated in response to four petitions. Section 303(c)(1) of the Federal Clean Water Act requires states to periodically review and revise, as necessary, water quality standards. (Pennsylvania Clean Streams Law)	Rodney Kime (717) 787-9637 rkime@pa.gov
Triennial Review of Water Quality Standards and Updates to Toxics Management Strategy—Statement of Policy 25 Pa. Code Chapters 93 and 16	Quarter 2, 2017, EQB Consideration, as Proposed	This rulemaking proposes to revise the Commonwealth's water quality criteria and standards in Chapter 93 and to update the 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
Water Quality Management Fee Amendments and NPDES Program Fee Amendments 25 Pa. Code Chapters 91 and 92a	Quarter 3, 2017, EQB Consideration, as Proposed	This rulemaking proposes to amend fees related to water quality management permitting (Chapter 91) and proposes to amend the fee schedule for NPDES permit applications (Chapter 92a). Chapter 91 establishes, among other things, a water quality management (WQM) permitting program for the construction of sewage and industrial waste treatment facilities and for land application of sewage and industrial wastes. DEP began its Chapter 92a annual invoicing and fee collection program in December 2010. Chapter 92a updated the fee schedule for NPDES permit applications for persons to discharge pollutants from point sources into surface waters. In addition, Chapter 92a introduced an annual fee for certain facilities authorized to discharge pollutants by individual NPDES permits. A fee analysis that DEP presented to the EQB in 2014 highlighted that, despite the fee increase in 2010, revenue continues to fall short of expenses, impeding the work of Programs to carry out necessary tasks for protecting water resources in the Commonwealth. (Pennsylvania Clean Streams Law)	Sean Furjanic (717) 787-2137 sefurjanic@pa.gov
Nutrient Credit Trading and Offsetting Program 25 Pa. Code § 96.8	Quarter 4, 2017, EQB Consideration, as Proposed	This rulemaking proposes to update Chapter 96.8 related to the implementation of a nutrient credit trading program to address United States Environmental Protection Agency (EPA) concerns, and streamline the current process for the certification, registration and verification of credits.	Sean Furjanic (717) 787-2137 sefurjanic@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, 2017, EQB Consideration, as Proposed	This rulemaking proposes to 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)	Lee McDonnell (717) 787-5017 lmcdonnell@pa.gov
Environmental Laboratory Accreditation 25 Pa. Code Chapter 252	Quarter 2, 2017, EQB Consideration as Final	This rulemaking establishes 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 regulation also includes 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 the Storage Tank and Spill Prevention Program 25 Pa. Code Chapter 245	Quarter 3, 2017, EQB Consideration, as Proposed	This rulemaking proposes to amend Chapter 245 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 improvements in the routine operation, maintenance and monitoring of underground storage tanks. This 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)	Kris Shiffer (717) 772-5806 kshiffer@pa.gov
Radiation Protection Program Fees 25 Pa. Code Chapters 218 and 240	Quarter 3, 2017, EQB Consideration, as Final	This rulemaking amends 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 4, 2017, EQB Consideration, as Final	This rulemaking proposes to 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
Repeal of Gasoline Volatility Requirements 25 Pa. Code Chapters 121 and 126	Quarter 4, 2017, EQB Consideration, as Final	This rulemaking proposes to repeal §§ 126.301—126.303. These regulations 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). The 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 SIP revision. (Air Pollution Control Act)	Susan Hoyle (717) 772-2329 shoyle@pa.gov
Control of VOC Emissions from Industrial Cleaning Solvents; General Provisions; Aerospace Manufacturing and Rework; and Additional RACT Requirements for Major Sources of NOx and VOCs 25 Pa. Code Chapter 129	Quarter 1, 2017, EQB Consideration, as Proposed	This rulemaking proposes to amend Chapter 129 to adopt requirements to reduce the emissions of volatile organic compounds from industrial cleaning solvents not regulated elsewhere in Chapter 129 or Chapter 130 to meet the Clean Air Act ''reasonably available control measures.'' This includes ''reasonably available control technology'' (RACT) requirements for ozone nonattainment areas. The proposed emission limits and work practice standards will 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 (SIP). (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 4, 2017, EQB Consideration, as Proposed	This rulemaking proposes to revise existing requirements and fee schedules codified in Chapter 127, Subchapter I 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)). Upon promulgation, the final-form regulation will be submitted to the EPA for approval as a revision to the SIP or the Title V Program Approval, as appropriate. (Air Pollution Control Act)	Susan Hoyle (717) 772-2329 shoyle@pa.gov
Control of VOCs from Gasoline Dispensing Facilities (Stage II) 25 Pa. Code §§ 121.1, 129.61 and 129.82	Quarter 4, 2017, EQB Consideration, as Proposed	This rulemaking proposes to amend the requirements for installing new Stage II vapor recovery systems under § 129.82. The rulemaking proposes to establish procedures for the decommissioning of existing Stage II systems and to require Stage II systems that are not decommissioned to still comply with existing regulatory maintenance requirements. The rulemaking also proposes to amend § 129.61 to establish requirements for the installation and monitoring of Stage I enhanced vapor recovery systems and amend § 121.1 to add terms to support the amendments to §§ 129.61 and 129.82. Upon promulgation, the final-form regulation will be submitted to the EPA for approval as a SIP revision. (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, 2017, EQB Consideration, as Proposed	This rulemaking proposes to amend existing surface coating regulations to harmonize the emission limits and work practice requirements of the Clean Air Act RACT requirements for automobiles and light-duty trucks and the 2011 updated Ozone Transport Commission model rule requirements for motor vehicle and mobile equipment non-assembly line coating operations. Clarifying amendments will also be proposed for the adhesives, sealants, primers and solvents regulations. Upon promulgation, the final-form regulation will be submitted to the EPA for approval as a SIP revision. (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)	2017, 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)	2017, 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
Emergency Construction Repairs 4 Pa. Code Chapter 67 (# 8-23)	2017, 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
Contract Compliance— Prequalification of Vendors and Nonconstruction Contractors 4 Pa. Code Chapter 68, Subchapter A (# 8-24)	2017, as Final-Omitted	These regulations should be rescinded since the subject matter of these rules is now covered by the directives management system.	Liz O'Reilly (717) 787-7095 Ed Olivieri (717) 783-3280
Methods of Awarding Contracts 4 Pa. Code Chapter 69 (# 8-25)	2017, as Final-Omitted	These regulations should be rescinded since they have been superseded by the Commonwealth Procurement Code.	Ken Hess Pamela Cross (717) 214-7739
Surplus State Property 4 Pa. Code Chapters 41, 43, 45 and 47 (# 8-26)	2017, as Final-Omitted	These regulations should be rescinded since they are outdated and have been superseded by new Commonwealth procedures as well as the Commonwealth Procurement Code.	Ken Hess Pamela Cross (717) 214-7739
State Metrology Laboratory fee schedule 70 Pa. Code Chapter 110 (# 8-27)	Delivered May 23, 2016 for review pursuant to Executive Order 1996-1, as Proposed	These regulations will increase the fees charged by the State Metrology Laboratory, provide for an automatic yearly increase, and update the description fields to accurately reflect the Metrology Lab's measurement parameters and ranges.	Ken Hess Mary Fox (717) 787-6789
Commonwealth Buildings 4 Pa. Code Chapters 85, 86 and 87 (# 8-28)	2017, as Proposed	These regulations (Chapters 85 and 87) and statement of policy (Chapter 86) will be amended to update the procedures for the public to request use of the public areas of the Capitol Complex and the Forum auditorium.	Matthew Bembenick (717) 787-5996 Shawn E. Smith (717) 787-5599 Mary Fox (717) 787-6789

[Continued on next Web Page]

---

No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.

---