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Regulatory Agenda

[44 Pa.B. 709]
[Saturday, February 1, 2014]

 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. 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 below (as well as any considered subsequent to publication of this Agenda) is published.

Regulation Being ConsideredProposed DateNeed and Legal Basis for
Agency Contact
of PromulgationAction
ADMINISTRATION
No regulations being developed or considered at this time.
AGING
Pa. Code Title VI Chapter 20 Pennsylvania Caregiver Support Program March 2014, as proposed. The Family Caregiver Support Act Regulations are being revised as authorized by the Pennsylvania Caregiver Support Act (Act 112 of 2011) which amends the Family Caregiver Support Act. As in the State Statute, the regulations will better align the Federal Family Caregiver Support Program provisions of the Older Americans Act and the Pennsylvania Family Caregiver Support Act provisions. Currently, some of the program criteria for the Federal and State Programs are divergent which has been confusing for consumers and the Area Agencies on Aging who administer the program. Cindy Haines
(717) 772-0184
AGRICULTURE
Domestic Animal
7 Pa. Code Chapters 2, 3, 16, 18 and 20a
December 2014, 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). Craig E. Shultz, DVM, Director
(717) 772-2852
Weights and Measures Regulations
70 Pa. Code Chapters 1 through 101
September 2013, as proposed. This long-term project is intended to update the Department's regulations authorized by the Consolidated Weights and Measures Act. Walt Remmert
(717) 787-6772
Commercial Feed Rules and Regulations
7 Pa. Code Chapter 71
April 2014, as proposed. This regulation will replace 7 Pa. Code Chapter 71 and implement provisions of 3 Pa.C.S. §§ 5101—5115 (Commercial Feed Act). Erin Bubb
(717) 772-5215
Pet Food Rules and Regulations
7 Pa. Code Chapter 72
April 2014, as proposed. This regulation will replace 7 Pa. Code Chapter 72 and implement provisions of 3 Pa.C.S. §§ 5101—5115 (Commercial Feed Act). Erin Bubb
(717) 772-5215
Fertilizer Regulations
7 Pa. Code Chapter 73
December 2014, as proposed. This regulation will replace 7 Pa. Code Chapter 73 and implement provisions of 3 Pa.C.S. §§ 6701—6725 (Fertilizer Act). Erin Bubb
(717) 772-5215
Soil and Plant Amendment Regulations
7 Pa. Code Chapter 130a
December 2014, as proposed. This regulation will replace 7 Pa. Code Chapter 130a and implement provisions of 3 Pa.C.S. §§ 6901—6921 (Soil and Plant Amendment Act). Erin Bubb
(717) 772-5215
Clean and Green Regulations
7 Pa. Code Chapter 137b
April 2014, as final. This regulation will address statutory changes made by six separate amendments to the underlying statute, and will otherwise update the current regulations. Douglas Wolfgang
(717) 783-3167
Agriculture Conservation Easement Purchase Program Regulations
7 Pa. Code Chapter 138e
July 2014, 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
PA Food Code
7 Pa. Code Chapter 46
April 2014, as final. This regulation will amend 7 Pa. Code Chapter 46 to make this Chapter consistent with the Retail Food Facility Safety Act and the Food Safety Act. Lydia Johnson
(717) 787-4315
Pennsylvania Preferred Program Regulations
7 Pa. Code Chapter 107
February 2014, as final. This regulation will establish standards required under the Pennsylvania Preferred Act (3 Pa.C.S. §§ 4601—4611). Lela Reichart
(717) 783-8462
Pesticide Regulations
7 Pa. Code Chapter 128
June 2014, as proposed. This regulation will amend 7 Pa. Code Chapter 128 to allow the Department to collect and pass on any additional service fees charged by a contracted agency or vendor that provides testing services. David Scott
(717) 772-5214
BANKING & SECURITIES
Assessment Regulation Early 2014 Required pursuant to 17 Pa.C.S. § 503(a) and 71 P. S. §§ 733-202.C and 733-204.A. Carter D. Frantz
Chief Counsel
(717) 787-1471
Regulation governing continuing education under the Debt Management Services Act. Early 2014 Required pursuant to 63 P. S. § 2409(c). Carter D. Frantz
Chief Counsel
(717) 787-1471
Merger-related amendatory regulations under the Pennsylvania Securities Act of 1972 Late 2014 Required pursuant to 70 P. S. § 1-609 Carter D. Frantz
Chief Counsel
(717) 787-1471
BOARD OF PARDONS
No regulations being developed or considered at this date.
COMMUNITY & ECONOMIC DEVELOPMENT
Industrialized Housing Act amendment Spring of 2014 as proposed. Act 8-2013 expanded the current Industrialized Housing Act to establish a regulatory program for commercial modular buildings. Buildings produced under this program will be deemed to comply with the Uniform Construction Code. Mark Conte
(717) 720-7416
Local Earned Income Tax Spring of 2014 As proposed 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. Sean Sanderson
(717) 720-7384
COMMISSION ON CRIME AND DELINQUENCY
No regulations being developed or considered at this date.
CONSERVATION & NATURAL RESOURCES
State Forests
(Chapter 21)
Publish proposed rulemaking
Spring 2014
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 and 502 of the Conservation & Natural Resources Act (71 P. S. §§ 1340.302, 1340.313 and 1340.502) Matt Beaver
(717) 783-0379
Wendy Carson, Esq.
(717) 772-4171
State Forest Picnic Areas
(Chapter 23)
Publish proposed rulemaking
Spring 2014
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 and 502 of the Conservation & Natural Resources Act (71 P. S. §§ 1340.302, 1340.313 and 1340.502) Matt Beaver
(717) 783-0379
Wendy Carson, Esq.
(717) 772-4171
Conservation of Pennsylvania Native Wild Plants
(Chapter 45)
Publish proposed rulemaking
Summer 2014
Purpose of rulemaking is to update the department's listing of Pennsylvania's classified plant species. Legal basis: Section 7 of the Wild Resource Conservation Act (32 P. S. § 5307); and Sections 305 and 313 of the Conservation and Natural Resources Act (71 P. S. §§ 1340.305 and 1340.313). Ellen Shultzabarger,
717-214-3818
Wendy Carson, Esq.
717-772-4171
CORRECTIONS
Revisions to 37 Pa. Code § 91.3 September 2013, 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. Randall N. Sears
(717) 728-7763
Revisions to 37 Pa. Code § 93.2 September 2013, as proposed The inmate correspondence regulations are being revised for clarification and to more accurately comport with current standards. Randall N. Sears
(717) 728-7763
Revisions to 37 Pa. Code §§ 93.301—93.308 September 2013, as Proposed The Motivational Boot Camp regulations are being revised to reduce costs by eliminating unnecessary mandates. Jamie Boyd
(717) 728-7761
DRUG AND ALCOHOL PROGRAMS
General Standards for Free-Standing Treatment Activities
28 Pa. Code Chapter 709, Subchapter C
Summer 2014, as final. These existing regulations are being revised to reduce redundant and obsolete regulations, with a focus upon patient care and safety, and to require certain incident reporting by all drug and alcohol facilities to DDAP. Act 50 of 2010 authorizes DDAP to modify drug and alcohol regulations promulgated by DOH. Tawny Mummah
(717) 787-9354
Staffing Requirements for Drug and Alcohol Treatment Activities
28 Pa. Code Chapter 704
Spring 2014, as proposed. These existing regulations are being revised to update staffing requirements. Act 50 of 2010 authorizes DDAP to modify drug and alcohol regulations promulgated by DOH. Tawny Mummah
(717) 787-9354
EDUCATION
Standards for Approved Private Schools
22 Pa. Code Chapter 171, Subchapter C
Fall 2014, as final. These standards define the elements of Approved Private Schools and the Chartered Schools (schools for the deaf and blind). These standards contain general provisions and allowable expenses and costs. The standards are promulgated under the Authority of the Public School Code of 1949, as amended, PL 30, No. 14, March 16, 1949, P. S. §§ 1-101, et. seq. John Tommasini
(717) 783-6134
State Board of Private Licensed Schools
22 Pa. Code Chapter 73
Spring 2014, 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. §§ 6501, et. seq.). Patricia Landis
(717) 783-8228
Regulations of the State Board of Private Academic Schools
22 Pa. Code Chapters 51, 53, 55, 57, 61 and 63
Spring 2015, as proposed. These regulations define the requirements for obtaining licensure as a Private Academic School. The Board plans to update the regulations, which were promulgated in 1988. The regulations are promulgated under the Authority of the Private Academic Schools Act (24 P. S. §§ 6701 et. seq.). Robert Staver
(717) 783-6583
State Board of Education
22 Pa. Code Chapter 18
Winter 2014, as proposed. These regulations address criteria the Secretary of Education may consider in determining whether to designate a school district in financial recovery status and in determining whether a district is in moderate or severe recovery status. The regulations are promulgated under the authority of the Public School Code of 1949, 24 P. S. § 621-A(A)(2)(I). Karen Molchanow
(717) 787-3787
Standards for Approved Private Schools
22 Pa. Code Chapter 171, Subchapter A
Fall 2014, 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 the Public School Code of 1949, as amended, PL 30, No. 14, March 16, 1949, P. S. §§ 1-101, et. Seq. John Tommasini
(717) 783-6134
Regulations of the State Library and Advisory Council on Library Development
22 Pa. Code Chapters 131, 133, 135, 127, 141—143
Summer 2014, as proposed. The Department will be promulgating regulations under the Authority of the Library Code of 2012, Act 210 of 2012, P. N. 2411. The Department plans to update the regulations (promulgated in 1962) in 2013. 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. Stacey Aldrich
(717) 783-2466
State Board of Education
22 Pa. Code Chapter 23
Summer 2014, as proposed. These regulations address requirements related to pupil transportation. The Board plans to add a new section to the regulations addressing advertising on the interior of school buses. The regulations are promulgated under the authority of the Public School Code of 1949, 24 P. S. § 26-2603-B. Karen Molchanow
(717) 787-3787
State Board of Education
22 Pa. Code § 4.72
Fall 2014, as proposed. The regulation sets forth requirements for secondary school credentials other than a high school diploma. The proposed amendment updates existing requirements to account for inter alia current high school equivalency test options that did not exist when the regulation was promulgated. Jill Hans
(717) 787-7013
EMERGENCY MANAGEMENT AGENCY
No regulations being developed or considered at this time.
ENVIRONMENTAL HEARING BOARD
25 Pa. Code Chapter 1021 Practice and Procedure The Environmental Hearing Board's proposed rulemaking was published at 43 Pa.B. 2591 (May 11, 2013). Final rulemaking is expected to be submitted in early 2014. The Environmental Hearing Board intends to propose the following revisions to its rules of practice and procedure: 1) correct an omission in the language of 25 Pa. Code sec. 1021.51 which was amended in 2009, 2) eliminate its rules pertaining to the Costs Act which has expired, 3) adopt rules to implement mandatory electronic filing, and 4) clarify the types of responses that may be filed to a dispositive motion. Maryanne Wesdock
Senior Counsel
(412) 565-5245
ENVIRONMENTAL PROTECTION
Noncoal Program
25 Pa. Code Chapter 77
Fall 2014 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. (Surface Mining Conservation and Reclamation Act) Bill Allen
717-783-9580
wallen@pa.gov
Water Supply Replacement
25 Pa. Code Chapters 87 and 88
Early 2015 as proposed The 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 & Reclamation Act ) Bill Allen
717-783-9580
wallen@pa.gov
Remining Requirements (Subchapters F and G Revisions)
25 Pa. Code Chapters 86 and 88
Fall 2014 as proposed The rulemaking includes amendments to remining requirements in Chapters 86 and 88 (Subchapters F and G) in order to reflect changes enacted in EPA regulations. (Surface Mining Conservation and Reclamation Act) Bill Allen
717-783-9580
wallen@pa.gov
Federal Office of Surface Mining (OSM) Program Consistency Updates
25 Pa. Code Chapters 86, 89 and 90
Fall 2014 as proposed The rulemaking will include amendments to clarify the definition of ''mining activities'' in 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
Areas Unsuitable for Surface Mining
25 Pa. Code Chapter 86
Spring 2014 as Proposed The rulemaking includes amendments to Chapter 86 to designate coal seams within Big Run watershed, Graham Township, Clearfield County, as unsuitable for surface mining operations. The regulation results from a petition submitted to the EQB by the Graham Township Supervisors, which requested that the Big Run drainage be designated as unsuitable for surface mining operations. (Surface Mining Conservation and Reclamation Act) Geoff Lincoln
717-783-9582
glincoln@pa.gov
Financial Guarantees
25 Pa. Code Chapter 86
Spring 2014 as Proposed This rulemaking will implement Acts 95 and 157 which provide for an incentive for reclamation of mine sites with bioenergy crops and establish the Land Reclamation Financial Guarantee Program, respectively. (Acts 95 and 157 of 2012) Bill Allen
717-783-9580
wallen@pa.gov
Handling and Use of Explosives
25 Pa. Code Chapter 211
Mid 2014 as Proposed The rulemaking will revise current explosive regulations to address blasting activities relating to seismic exploration. The rulemaking will also update explosives use requirements, enforcement authority and eliminate antiquated requirements. (Explosives Act of 1937; The Administrative Code of 1929; Reorganization Plan No. 2 of 1975; Reorganization Plan No. 8 of 1981; Surface Mining Conservation and Reclamation Act; and Noncoal Surface Mining Conservation and Reclamation Act) Rick Lamkie
814-472-1885
rlamkie@pa.gov
Oil & Gas Well Program
25 Pa. Code Chapter 78
Subchapter C
Mid/Late 2014 as Final The rulemaking includes revisions to Chapter 78 (Oil and Gas Wells) Subchapter C, regulating all surface activities associated with Oil and Gas exploration and development, including: changes to PPC planning, production fluid control, storage, disposal and containment in pits/tanks, liner standards for centralized impoundments, disposal of drill cuttings and residual wastes, secondary containment, site restoration, pipelines, water management plans, reporting releases and road spreading of brine. (Oil and Gas Act) Scott Perry
717-783-9438
scperry@pa.gov
Oil & Gas Well Program
25 Pa. Code Chapter 78
Subchapter D
Early 2014 as Proposed The 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) Kurt Klapkowski
717-772-2199
kklapkowsk@pa.gov
Oil & Gas Well Program
25 Pa. Code Chapter 78
Subchapter B
Early 2014 as final The rulemaking includes revisions to Chapter 78 (Oil and Gas Wells), Subchapter B, to increase well permit fees for wells that produce gas from nonconventional formations. (Oil and Gas Act) Kurt Klapkowski
717-772-2199
kklapkowsk@pa.gov
Underground Coal Mine Safety
Surface Regulations
25 Pa. Code Chapter 208
Late 2014 as proposed The rulemaking adopts by reference, with certain modifications, the MSHA regulations (30 CFR Part 77) for surface areas of underground bituminous coal mines. (Bituminous Coal Mine Safety Act) Joseph Sbaffoni
724-439-7469
jsbaffoni@pa.gov
Underground Coal Mine Safety
High Voltage Continuous Mining Machine Standards for Underground Coal Mines
25 Pa. Code Chapter 208
Summer 2013, as proposed This rulemaking adopts by reference, with certain modifications, the MSHA regulations (30 CFR Part 75) for a high voltage continuous mining machine standard for underground bituminous coal mines. Joseph Sbaffoni
724-439-7469
jsbaffoni@pa.gov
Underground Coal Mine Safety
Maintenance of Incombustible Content of Rock Dust in Underground Coal Mines Bituminous Coal Mine Safety Act
25 Pa. Code Chapter 208
Late 2014 as proposed This rulemaking adopts by reference, with certain modifications, the MSHA regulations (30 CFR Part 75) for a high voltage continuous mining machine standard for underground bituminous coal mines. (Bituminous Coal Mine Safety Act) Joseph Sbaffoni
724-439-7469
jsbaffoni@pa.gov
Revised Total Coliform Rule
25 Pa. Code Chapter 109
Late 2014 as proposed This proposed rulemaking will amend 25 Pa. Code Chapter 109 to incorporate the federal Revised Total Coliform Rule (RTCT), which was promulgated February 13, 2013, and to make other revisions to clarify portions of Chapter 109. The RTCR is expected to improve public health protection by requiring public water systems that are vulnerable to microbial contamination to identify and fix problems. Revisions being proposed in addition to the federal RTCR are designed to protect public health by improving and clarifying permitting, design and compliance requirements for public water systems. (Pennsylvania Safe Drinking Water Act) Jeff Allgyer
(717) 772-4015
jallgyer@pa.gov
Nutrient Credit Trading and Offsetting Program
25 Pa. Code § 96.8 and Chapter 98
Mid 2014 as proposed This rulemaking will rescind section 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 US Environmental Protection Agency 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
Administration of Sewage Facilities Planning Program
25 Pa. Code Chapter 71
Spring 2014 as proposed This rulemaking will help facilitate DEP's approval of sewage planning modules for new land development for sites located in High Quality (HQ) and Exceptional Value (EV) watersheds. The revisions to Chapter 71 would also require municipalities to certify every ten years that their official sewage facility plans remain adequate to meet the municipalities' needs. It will also address and clarify site suitability requirements and provide alternate types of onsite treatment allowances during the planning stages. (Pennsylvania Sewage Facilities Act, Clean Streams Law) Ron Furlan
(717) 787-8184
rfurlan@pa.gov
Administration of Sewage Facilities Permitting Program
25 Pa. Code Chapter 72
Spring 2014 as proposed This rulemaking will clarify DEP's ability to require and establish training requirements for sewage enforcement officers, both prior to the certification examination and for subsequent renewal of certifications. The revisions will further clarify that DEP has the ability to provide training through third-party providers that have been approved to do so by DEP, which could provide additional flexibility and efficiency in implementation of the training program. (Pennsylvania Sewage Facilities Act, Clean Streams Law) Ron Furlan
(717) 787-8184
rfurlan@pa.gov
Standards for Onlot Sewage Treatment Facilities
25 Pa. Code Chapter 73
Spring 2014 as proposed This rulemaking will revise DEP's standards for onlot systems for consistency with Chapters 71 and 72. For example, a section in Chapter 73 dealing with experimental and alternate onsite treatment systems will need to be modified to be consistent with the Chapter 71 changes. (Pennsylvania Sewage Facilities Act, Clean Streams Law) Ron Furlan
(717) 787-8184
rfurlan@pa.gov
Emissions of Particulate Matter
25 Pa. Code § 139.12
Early 2014 as final The final rulemaking amends 25 Pa. Code § 139.12 (relating to emissions of particulate matter) to reflect changes in Federal test method requirements. The Environmental Quality Board amended § 139.12 at 27 Pa.B. 6804 (December 27, 1997) to require source testing only for filterable particulate matter. The United States Environmental Protection Agency has revised the source test method (Method 202) to require the testing of both filterable and condensable particulate matter for purposes of emission inventories and new source review applicability determinations. Other clarifying amendments to Chapter 139 (relating to sampling and testing) addressing timeliness of reporting requirements are also included. (Air Pollution Control Act) Susan Hoyle
717-772-2329
shoyle@pa.gov
Flexible Packaging Printing Presses and Offset Lithographic and Letterpress Printing Presses
25 Pa. Code Chapters 121 and 129
Early 2014 as final The final rulemaking amends 25 Pa. Code Chapter 129 (relating to standards for sources) to add requirements to reduce the emissions of volatile organic compounds (VOCs) from flexible packaging printing presses and offset lithographic printing and letterpress printing presses to meet the Clean Air Act's ''reasonably available control measures'' requirement for ozone nonattainment areas. The final rulemaking amends §§ 129.51 and 129.67 (relating to general; and graphic arts systems) and adds §§ 129.67a and 129.67b (relating to control of VOC emissions from flexible packaging printing presses; and control of VOC emissions from offset lithographic and letterpress printing presses) to adopt emission limits and work practice standards for flexible packaging printing presses and offset lithographic printing and letterpress printing presses. Amendments to § 121.1 (relating to definitions) are also made to support the amendments to Chapter 129. (Air Pollution Control Act) Susan Hoyle
717-772-2329
shoyle@pa.gov
NOx and VOCs
25 Pa. Code Chapter 129
Early 2014 as proposed The proposed rulemaking would amend the Reasonably Available Control Technology Requirements for major NOx- and VOC-emitting stationary sources; the proposed requirements would not apply to major VOC-emitting facilities subject to Federal Control Technique Guideline recommendations adopted by the Board as final rulemakings. Publication of the proposed rulemaking for public review and comment is anticipated in early 2014. (Air Pollution Control Act) Susan Hoyle
717-772-2329
shoyle@pa.gov
Control of VOC Emissions from Fiberglass Boat Manufacturing Materials
25 Pa. Code Chapter 129
Early/Mid 2014 as proposed The proposed rulemaking would amend the existing surface coating regulations under 25 Pa. Code Chapter 129 (relating to standards for sources) to further reduce the emissions of volatile organic compounds (VOC) from fiberglass boat manufacturing materials to meet the Clean Air Act ''reasonably available control measures,'' including ''reasonably available control technology,'' requirements for ozone nonattainment areas. The emission limits and work practice standards would be consistent with the recommendations of the United States Environmental Protection Agency included in the Control Techniques Guideline document for this source category. (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
Early/Mid 2014 as proposed The proposed rulemaking would amend the existing surface coating regulations under 25 Pa. Code Chapter 129 (relating to standards for sources) to further reduce the emissions of volatile organic compounds (VOC) from miscellaneous metal and plastic parts coatings to meet the Clean Air Act ''reasonably available control measures,'' including ''reasonably available control technology,'' requirements for ozone nonattainment areas. The emission limits and work practice standards would be Susan Hoyle
717-772-2329
shoyle@pa.gov
consistent with the recommendations of the United States Environmental Protection Agency included in the corresponding Control Techniques Guideline document for this source category. (Air Pollution Control Act)
Control of VOCs from Gasoline Dispensing Facilities (Stage II)
25 Pa. Code § 129.82
Late 2014 as proposed The proposed rulemaking would 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 regulatory maintenance requirements. (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
Early/Mid 2014 as proposed The proposed rulemaking would amend the existing surface coating regulations in 25 Pa. Code § 129.75 (relating to mobile equipment repair and refinishing) 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 (relating to control of emissions from the use or application of adhesives, sealants, primers and solvents; and adhesives, sealants, primers and solvents). Amendments to 25 Pa. Code § 121.1 (relating to definitions) would also be proposed to support the amendments to Chapter 129. (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
Early/Mid 2014 as proposed The proposed rulemaking would amend the existing surface coating regulations under 25 Pa. Code Chapter 129 (relating to standards for sources) to further reduce the emissions of volatile organic compounds (VOC) from industrial cleaning solvents not regulated elsewhere in Article III to meet the Clean Air Act ''reasonably available control measures,'' including ''reasonably available control technology,'' requirements for ozone nonattainment areas. The emission limits and work practice standards would be consistent with the recommendations of the United States Environmental Protection Agency included in the corresponding Control Techniques Guideline document for this source category. (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
Early/Mid 2014 as proposed The proposed rulemaking would amend the existing surface coating regulations under 25 Pa. Code Chapter 129 (relating to standards for sources) to further reduce the emissions of volatile organic compounds (VOC) from automobile and light-duty truck assembly coatings to meet the Clean Air Act ''reasonably available control measures,'' including ''reasonably available control technology,'' requirements for ozone nonattainment areas. The emission limits and work practice standards would be consistent with the recommendations of the United States Environmental Protection Agency included in the corresponding Control Techniques Guideline document for this source category. (Air Pollution Control Act) Susan Hoyle
717-772-2329
shoyle@pa.gov
Regulated Medical and Chemotherapeutic Waste Amendments
25 Pa. Code Chapters 271, 284 and 285
Late 2014 as final This rulemaking will amend the existing Chapter 284 and add or amend definitions in Chapter 271. The term ''infectious waste'' will be replaced globally with the term ''regulated medical waste.'' In addition to definitional changes, this proposal includes changes to storage, transporter licensing and manifesting requirements for regulated medical waste. (Solid Waste Management Act) Ali Tarquino Morris
717-783-2630
altarquino@pa.gov
Radiological Health
25 Pa. Code Chapters 215—240
Early/Mid 2014 as proposed This rulemaking will amend 25 Pa. Code Chapters 215—240 in order to incorporate by reference federal regulations pertaining to the security of certain radioactive material; to address new x-ray technology that is not addressed in current regulations; and to include radon revisions that are not addressed in current regulations. (Radiation Protection Act and Radon Certification Act) Joe Melnic (Health)
(717) 783-9730
jmelnic@pa.gov

Robert K. Lewis (Radon)
(717) 783-9485
rolewis@pa.gov
Administration of Land Recycling Program
25 Pa. Code Chapter 250
Early/Mid 2014 as Proposed This rulemaking will amend 25 Pa. Code Chapter 250 to update the Medium Specific Concentrations established under the Statewide health standards. (Land Recycling and Environmental Remediation Standards Act) Troy Conrad
717-783-9480
tconrad@pa.gov
GENERAL SERVICES
Responsibility,
4 Pa. Code Chapter 60
Spring 2014, as proposed This chapter will be amended to be consistent with the Procurement Code and to provide for uniform debarment and suspension procedures. Ken Rapp
(717) 787-5295
Chuck Anderson
(717) 214-7739
Michael Barrett
(717) 346-9781
Committee on Construction Contract Documents,
4 Pa. Code Chapter 62
Spring 2014, 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
Spring 2014, 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
Spring 2014, 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
4 Pa. Code Chapter 68, Subchapter A,
Prequalification of Vendors and Non-construction Contractors
Spring 2014, 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
Spring 2014, as final omitted These regulations should be rescinded since they have been superseded by the Commonwealth Procurement Code. Ken Rapp
(717) 787-5295
Chuck Anderson
(717) 214-7739
HEALTH
Controlled Substances, Drugs, Devices and Cosmetics
28 Pa. Code Chapter 25, Subchapter A

Rescheduling of Clobazam
28 Pa. Code § 25.72
Spring, 2014, as final The Secretary of the Department of Health (Secretary), with the unanimous authorization from the Pennsylvania Drug, Device and Cosmetic Board (Board), acted to reschedule clobazam from a Schedule I controlled substance to a Schedule IV controlled substance. The final regulation, with proposed rulemaking omitted, is being prepared to effectuate the rescheduling of clobazam to a Schedule IV controlled substance as already approved and authorized by the Secretary and Board. The rescheduling of clobazam as a schedule IV controlled substance will align Pennsylvania law with Federal law. The rescheduling of clobazam, which now has an approved medical use for adults and children 2 years of age and older for the treatment for seizures associated with Lennox-Gastaut syndrome, will allow for appropriate access to individuals in need of the drug and for appropriate enforcement. Maria Battista
(717) 783-2500
Communicable and non-Communicable Diseases
28 Pa. Code Chapter 27
Spring, 2015, as proposed. These existing regulations are being revised to improve the Department's ability to prevent and control the spread of communicable and non-communicable diseases. The Department's authority to promulgate these regulations is found in the Disease Prevention Control law of 1955, 35 P. S. §§ 521.1 et seq. (the Act). Section 16(a) of the (Act 35 P. S. § 521.16 (a)) gives the Board authority to issue rules and regulations on a variety of matters related to communicable and non-communicable diseases. Section 16(b) of the Act (35 P. S. § 521.16 (b)) gives the Secretary of Health the authority to review existing regulations and make recommendations to the Board for changes that the Secretary considers to be desirable. There is also a legislative authority for specific provisions of the regulations. Administrative Code of 1929 (71 P. S. §§ 51 et seq.) (Code) Section 20102 (g) of the Code (71 P. S. § 532 (g)) provides general authority for the Department to promulgate regulations.Jalene Kolb
(717) 783-8228
Photo Identification Tag Regulations
28 Pa. Code Chapter 54
Spring, 2014, as proposed. The Health Care Facilities Act (35 P. S. §§ 448.101 et seq.) was amended by the passage of Act 2010-110 on November 23, 2010. This new section of the Act (35 P. S. § 448.809.2) requires health care workers employed in health care facilities and physician practices to wear photo identification tags that also contain other information including name, title and name of the health care facility. James T. Steele
(717) 783-2500
School Health Services
28 Pa. Code Chapter 23
Fall, 2014, as proposed. The School Health regulations were promulgated pursuant to the Department's authority to oversee school health services required by Article XIV of the Public School Code, 24 P. S. §§ 14.1401 et seq. State and federal laws enacted since 2005 have changed the requirements for school health services. Those legislative changes require changes to the school health regulations. Anticipated changes include new provisions to address: possession and use of asthma inhalers and epinephrine auto-injectors (24 P. S. § 14-1414.1); currently accepted precautions against the spread of tuberculosis (24 P. S. § 14-1416); medical examinations of teachers and other persons including volunteers (24 P. S. § 14-1418(b)); requirements for local wellness policies (24 P. S. § 14-1422.1); requirements for independent dental hygiene practitioners working in the school setting; and revisions to the duties of the Certified School Nurse to track requirements in federal laws protecting the rights of students with disabilities and to incorporate applicable professional nursing practice standards. Karin Simpson
(717) 783-2500
HOUSING FINANCE AGENCY
No regulations being developed or considered at this date.
INFRASTRUCTURE INVESTMENT AUTHORITY
25 Pa. Code §§ 963.12(a)(7), 963.13(c), 963.15(a), 963(15)(c), 963.18(c), 965.4(9), 965.7 and 965.9(d). Spring 2014-Proposed PENNVEST recommends the following revisions:
(1) Amend 25 Pa. Code §§ 963.1—963.20 to be consistent with statutory revisions imposed by P. L. 51, No. 16, enacted June 19, 2013 and guidance revisions implemented by the Department of Environmental Protection.
(2) Delete 25 Pa. Code § 963.12(a)(7) thereby allowing PENNVEST to provide financial assistance (loan and grant) for costs associated with the extraction for profit of minerals or other resources from wastewater or sludge whether the project is sponsored by a public or private actor.
(3) Amend 25 Pa. Code § 963.13(c) by revising the section to provide for an amortization of advance funding loans with a term of 59 months of interest only and repayment on principal and interest on the 60th month.
(4) Amend 25 Pa. Code § 963.15(a) by revising the first sentence to provide for a change in the normal loan term to allow 3 years of interest only prior to principal amortization.
(5) Amend 25 Pa. Code § 963.15(c)(5) to provide that maximum interest rates on loans shall be determined based upon the unemployment rate for the applicable county in the most recent calendar year for which data has been finalized as of the application cutoff date.
(6) Amend 25 Pa. Code § 965.4(9) to allow for eligible land costs under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970.
(7) Delete 25 Pa. Code § 965.7 to eliminate the requirement for a second opinion project review.
(8) Delete 25 Pa. Code § 963.18(c)(2)(iii) to eliminate the requirement for prior written approval of change orders that exceed $25,000 or 2 percent of the amount of the project's construction cost, or an aggregate of all change orders that exceed 10 percent of the project's construction cost.
(9) Delete 25 Pa. Code § 965.9(d) to eliminate the requirement for performance certifications 1 year after initiation of operation.
(10) Amend 25 Pa. Code § 963.15(c)(6) by revising the sentence to define ''bond interest rate'' to mean the rate of interest paid by the Commonwealth in its issuance of general obligation bonds immediately preceding the date of the approval of the loan.
Shawn W. Weis
(717)-783-6776
INSURANCE
31 Pa. Code §§ 25.1—25.23, Rules and Procedural Requirements for Insurance Holding Company Systems Fall 2013, as proposed. This Chapter will be updated in accordance with NAIC model regulation standards amendments to the Holding Companies Act enacted in July of 2012. Peter J. Salvatore, Regulatory Coordinator
717-787-4429
Medical Catastrophe Loss Fund, 31 Pa. Code §§ 242.1—242.18 Spring 2014, as proposed. Amend the regulation to be consistent with the statute. Peter J. Salvatore, Regulatory Coordinator 717-787-4429
LABOR AND INDUSTRY
Uniform Construction Code, Title 34, Part XIV, Bureau of Occupational and Industrial Safety Submit proposed rulemaking in Winter 2015 Update and clarify administrative provisions of the Uniform Construction Code and adopt updated standards for elevator construction Edward Leister
717-783-6304
Flammable and Combustible Liquids, Title 37, Part I, Bureau of Occupational and Industrial Safety Submit proposed rulemaking in Spring 2014 Update regulations based on Act 144 of 2012 and adopt requirements for storage and dispensing of compressed natural gas as vehicular fuel Edward Leister
717-783-6304
Unemployment Compensation
Title 34, Chapter 101,
Board of Review
Submit proposed rulemaking in Fall 2014 Delete language re distance requirement in telephone regulation to conform with Act 6 of 2011 Gerard Mackarevich
717-783-1232
Bureau of Labor Law Compliance, Title 34, Part XII, Chapter 225, Prohibition of Excessive Overtime in Health Care Act Submit final-form rulemaking in Fall 2013 Regulations to establish a complaint and hearing process Karen Galli
717-787-4186
Bureau of Labor Law Compliance, Title 34, Chapters 83 and 84, Apprentices Submit proposed rulemaking in Spring 2014 Amend regulations to reflect federal requirements. Rich Lengler
717-787-4186
Office of Deaf and Hard of Hearing, Title 34, Chapter 501 Registration of Sign Language Interpreters and Transliterators Submit proposed rulemaking in Fall 2014 Amend regulations to be consistent with amendments in Sign Language Interpreter and Transliterator State Registration Act, 63 P. S. §§ 1725.1—1725.11, that were enacted in November 2010. Sharon Behun
717-783-4912
Workers' Compensation Appeal Board (Board), Title 34, Chapter 111, Special Rules of Administrative and Procedure Before the Board Submit proposed rulemaking by Winter 2014 Revise regulations to reflect evolving procedures and technological changesCommissioner
Alfonso Frioni, Jr.
412-531-2680
Office of Adjudication, Title 34, Chapter 131, Special Rules of Administrative Practice and Procedure Before the Workers' Compensation Judges Submit proposed rulemaking by Winter 2014 Revise regulations to reflect evolving procedures and technological changes Director of Adjudication Elizabeth Crum
717-783-4151
Bureau of Labor Law Compliance, Title 34, Chapter 11, Employment of Minors Submit proposed rulemaking by Spring 2014 Revise/update current regulations in light of the new Child Labor Act Richard Lengler
717-787-4186
MILITARY AND VETERANS AFFAIRS
43 Pa. Code Chapter 11
Fort Indiantown Gap
Jan 2014, as final omitted Section 708 of the Military and Veterans Code (51 Pa.C.S. § 708) authorizes the Adjutant General to promulgate rules, regulations, and polices for the continuing operation of Fort Indiantown Gap and to designate regulations as being for the protection of persons or property at Fort Indiantown Gap. The new 43 Pa. Code Chapter 11 provides comprehensive regulations for the operation, management and control of this military installation. Fort Indiantown Gap is owned by the Commonwealth, but the bulk of it is leased by the U.S. Government. The Fort Indiantown Gap Police Force is a state entity with offices commissioned under state law and powers and duties defined by 51 Pa.C.S. § 711. Dennis Guise
(717) 861-8503
43 Pa. Code Chapter 7
State Veterans Homes
Feb 2014, as final omitted The Department wishes to promulgate a comprehensive update to its regulations on State Veterans' Homes. The statutory authority for these regulations is section 902(10) of the Military and Veterans Code (51 Pa.C.S. § 903(10)). These regulations are out-of-date. They were last updates in 1986. The purpose of the changes to these regulations is to bring them in line with best practices in the long-term care arena. Dennis Guise
(717) 861-8503
43 Pa. Code Chapter 5, Subchapter C
Disabled Veterans' Real Estate Tax Exemption Program
Apr 2014, as notice of proposed rulemaking The Department plans to seek public comment by a notice of proposed rulemaking on a comprehensive update to its regulations on the Disabled Veterans' Real Estate Tax Exemption Program. Several laws have changed this program since the last update to the regulation, and the regulations need to catch up with the statute. Dennis Guise
717-861-8503
MUNICIPAL POLICE OFFICERS' EDUCATION AND TRAINING COMMISSION
Title 37 Pa. Code Chapter 203 Fall 2014 Omnibus revisions to Chapter 203, which pertains to the certification and training of the Commonwealth's Municipal Police officers. Lieutenant Robert J. Krol
(717) 783-5566
PENNSYLVANIA MUNICIPAL RETIREMENT SYSTEM
No regulations being developed or considered at this time.
PENNSYLVANIA HIGHER EDUCATION ASSISTANCE AGENCY
22 Pa. Code Chapter 121 Student Financial Aid Spring 2014 as Proposed These regulations have not been updated in some time. The revisions seek to increase the transparency in regard to the processes used for financial assistance determinations. Christine Zuzack
(717) 720-2368
PROBATION AND PAROLE
Revision to 37 Pa. Code §§ 63, 65, 67, 69, 71, 73, 75 and 77
''Board of Probation and Parole''
Continues to be worked on in FY 2013. Updates to incorporate recent changes to Title 61 and emphasis on evidence based practices. Barbara Christie
Chief Counsel
(717) 787-8126
Addition of a section to 37 Pa. Code Part II. ''Board of Probation and Parole'' Continues to be worked on in FY 2013. Addition to address urinalysis collection as mandated by 61 Pa.C.S. § 6137(e). Colleen Fickel, Director, Central Services, PBPP
(717) 787-5699 x 292
The Domestic and Sexual Violence Address Confidentiality Program, 37 Pa. Code §§ 802.1—802.3, 802.11— 802.17, 802.21—802.23, and 802.31—802.33. Continues to be worked on in FY 2013. Add updates to better address changes to the act and process that have occurred since 2007. John Talaber, Counsel to the Office of Victim Advocate,
717-787-8126.
PUBLIC SCHOOL EMPLOYEES' RETIREMENT SYSTEM
No regulations being developed or considered at this time.
PUBLIC WELFARE
Payment for Nursing Facility Services Provided by Special Rehabilitation Nursing Facilities; Change in Methods and Standards of Setting Payment Rates.
55 Pa. Code Chapter 1187
June 2014, as final This change in rate methodology will allow the Commonwealth to provide for a distinct method of calculating peer group medians and prices between the initial four Special Rehabilitation Facilities (SRFs) and the facilities classified as SRFs after 2000. Angie Logan
(717) 772-4141
Rate Setting for County Nursing Facilities that Privatize
55 Pa. Code Chapters 1187 and 1189
September 2014, as final This regulation will codify the methodology for setting rates for county nursing facilities that have a change of ownership to a nonpublic nursing facility provider. County nursing facilities that have a change of ownership will have per diem rates determined using the peer group price for resident care, other resident related and administrative costs from the appropriate peer group in accordance with 55 Pa. Code § 1187.45 (relating to peer grouping for price setting) until there is a nursing facility cost report submitted by the new provider audited for use in the rebasing process Angie Logan
(717) 772-4141
Administration of County Children and Youth Programs
55 Pa. Code Chapter 3130
March 2015, as proposed This regulation incorporates the amendments to the Juvenile Act as a result of Act 126 of 1998 and the federal regulations for Title IV-B and Title IV-E funding for child welfare services for children in their own homes and for children receiving placement services. Major changes include permanency hearings and the matters to be determined, requirements related to reasonable efforts including aggravated circumstances contrary to the welfare and best interests and redefining permanency goals for children. Angie Logan
(717) 772-4141
Planning and Financial Reimbursement requirements for County Children and Youth Social Service Programs
55 Pa. Code Chapter 3140
June 2015, as proposed This regulation provides the requirements for reimbursement for services to county children and youth agencies. The regulations are in need of revision to ensure consistency with federal requirements and policy to ensure the validity of state and Federal claims. Angie Logan
(717) 772-4141

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