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Regulatory Agenda

[41 Pa.B. 679]
[Saturday, January 29, 2011]

 Executive Order 1996-1, requires all agencies under the jurisdiction of the Governor to submit for publication an agenda of regulations under development or consideration. The following is the 30th publication of the Administration's regulatory agenda, grouped by agency. Subsequent agendas will be published on the first Saturdays in February and July.

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

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

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

Regulation Being
Considered
Proposed Date
of Promulgation
Need and Legal Basis for Action Agency Contact
ADMINISTRATION
No regulations being developed or considered at this time.
AGING
6 Pa. Code
Chapter 15
Protective Services for Older Adults
December 2011, as proposed. The Older Adults Protective Services Act is under review in light of the decision of the PA Supreme Court in Nixon et al. v. Commonwealth, et al., which found the current protective services law to be unconstitutional. Regulations are routinely being reviewed as numerous pieces of pending legislation are being considered. Denise Getgen
(717) 772-0184
6 Pa. Code
Chapter 23
Long-Term Care Ombudsman Program
December 2011, as proposed. The Department wishes to promulgate regulations for the Long-Term Care Ombudsman program in order to bring it into conformity with national standards. Bob McNamara
(717) 772-3688
AGRICULTURE
Domestic Animal
7 Pa. Code
Chapter 2, 3 and 16
July 2011, 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
Cervidae
7 Pa. Code
Chapter 18
March 2011, as proposed. Act 190 of 2002 amended the Domestic Animal Law to require the Department to license and regulate Cervidae livestock operations. Act 51 of 2006 further amended the requirements for Cervidae livestock operations. (3 Pa.C.S. §§ 2303—2380.9). Craig E. Shultz, DVM Director
(717) 772-2852
Animal Exhibition Sanitation
7 Pa. Code
Chapter 20a
July 2011, as proposed. Act 211 of 2002 requires the Department to enforce sanitation requirements at animal exhibitions, and to regulate as necessary to meet this requirement. (3 Pa.C.S. §§ 2501—2504). Craig E. Shultz, DVM Director
(717) 772-2852
Biofuels
70 Pa. Code
Chapter 11
August 2011, as proposed. This regulation will satisfy the requirements of Act 78 of 2008 (the Biofuel Development and In-State Production Incentive Act). John Dillabaugh
(717) 787-6772
Weights and Measures Regulations
70 Pa. Code
Chapters 1 through 101
December 2011, as proposed. This long-term project is intended to update the Department's regulations authorized by the Consolidated Weights and Measures Act. John Dillabaugh
(717) 787-6772
Harness Racing Commission
58 Pa. Code
Chapters 181, 183, 185 and 186—190
June 2011, as proposed. This regulation is necessary to update current regulations, make them more user-friendly and address conditions which exist in harness racing that did not exist when the current regulations were originally promulgated. This regulation is a long-term project and would amend 58 Pa. Code Chapters 181, 183, 185 and 186—190, including the general authority of the Commission and provisions relating to associations licensed to conduct pari-mutuel wagering, individual licensing, licensing of officials, rules of the conduct of races, veterinary practices, equine health, and medication, wagering, due process and disciplinary action. Jorge Augusto
(717) 787-8744
Horse Racing Commission
58 Pa. Code
Chapters 161, 163, 165, 167, 169, 171 and 173
June 2011, as proposed. This regulation is necessary to update current regulations, make them more user-friendly and address conditions which exist in thoroughbred horse racing that did not exist when the current regulations were originally promulgated. This regulation is a long-term project and would amend 58 Pa. Code Chapters 161, 163, 165, 167, 169, 171 and 173 including the general authority of the Commission and provisions relating to associations licensed to conduct pari-mutuel wagering, individual licensing, licensing of officials, rules of the conduct of races, veterinary practices, equine health and medication, wagering, due process and disciplinary action. Jorge Augusto
(717) 787-8744
Pesticide Regulations
7 Pa. Code
Chapter 128
December 11, 2010, as final. David Scott
(717) 772-5214
Commercial Feed Rules and Regulations
7 Pa. Code
Chapter 71
March 2011, as proposed. This regulation will replace 7 Pa. Code Chapter 71 and implement provisions of 3 Pa.C.S.A. §§ 5101—5115 (Commercial Feed Act) John Breitsman
(717) 772-5215
Pet Food Rules and Regulations
7 Pa. Code
Chapter 72
March 2011, as proposed. This regulation will replace 7 Pa. Code Chapter 72 and implement provisions of 3 Pa.C.S.A. §§ 5101—5115 (Commercial Feed Act) John Breitsman
(717) 772-5215
Fertilizer Regulations
7 Pa. Code
Chapter 73
September 2012, as proposed. This regulation will replace 7 Pa. Code Chapter 73 and implement provisions of 3 Pa.C.S.A. §§ 6701—6725 (Fertilizer Act). John Breitsman
(717) 772-5215
Soil and Plant Amendment Regulations
7 Pa. Code
Chapter 130a
September 2012, as proposed. This regulation will replace 7 Pa. Code Chapter 130a and implement provisions of 3 Pa.C.S.A. §§ 6901—6921 (Soil and Plant Amendment Act). John Breitsman
(717) 772-5215
Clean and Green Regulations
7 Pa. Code
Chapter 137b
June 2011, as proposed. This regulation will address statutory changes made by Act 235 of 2004, Act 88 of 2010 and Act 109 of 2010 and will otherwise update the current regulations. Douglas Wolfgang
(717) 783-3167
Agricultural Conservation Easement Purchase Program Regulations
7 Pa. Code
Chapter 138e
December 2011, 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 2011, as proposed. This regulation will amend 7 Pa. Code Chapter 46 and implement legislative changes that may occur during the promulgation process. William Chirdon
(717) 787-4315
Milk Sanitation
7 Pa. Code
Chapter 59a
March 2011, as final. This regulation will replace 7 Pa. Code Chapter 59 and implement the provisions of the Milk Sanitation Law. William Chirdon
(717) 787-4315
Commercial Kennel Canine Health Regulations
7 Pa. Code
Chapter 28a
Published November 27, 2010, as final. This regulation sets standards for humidity, ammonia and ventilation levels, as well as, lighting and flooring standards in commercial kennels. Sue West
(717) 787-3062
BANKING
Annual Assessment Regulation Late 2011. Required pursuant to 17 Pa.C.S. § 503(a) and 71 P. S. § 733-204.A. Robert C. Lopez
Deputy Chief Counsel
(717) 787-9573
Regulation governing the conduct of debt settlement services pursuant to the Debt Management Services Act. Late 2011. Required pursuant to 63 P. S. § 2403(b). Robert C. Lopez
Deputy Chief Counsel
(717) 787-9573
Regulation governing pleading procedures for Department administrative actions. Late 2011. Regulation to create simplified and clear filing and pleading procedures specific to Department administrative proceedings and the statutes under the Department's jurisdiction. Robert C. Lopez
Deputy Chief Counsel
(717) 787-9573
Regulation governing continuing education under the Debt Management Services Act. Late 2011. Required pursuant to 63 P. S. § 2409. Robert C. Lopez
Deputy Chief Counsel
(717) 787-9573
BOARD OF PARDONS
No regulations being developed or considered at this date.
COMMUNITY & ECONOMIC DEVELOPMENT
Film Production Tax Credit Program
(Final Regulation)
Spring of 2011. The purpose of the final regulation is to implement the provisions of the Tax Reform Code of 1971 relating to Film Production Tax Credits. Andrew Tanzer
(717) 783-8452
Industrialized Housing and Components
(Proposed Regulation)
Spring of 2011. The purpose of the proposed regulation is to amend Chapter 145 of Title 12 to bring it into compliance with Act 13 of 2009. Mark Conte
(717) 720-7416
Local Earned Income Tax
(Proposed Regulation)
Spring of 2011. 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. Andrew Tanzer
(717) 783-8452
Office of Open Records Appeals Process
(Proposed Regulation)
Spring of 2011. The purpose of the proposed regulation is to establish regulations relating to appeals involving a Commonwealth agency or local agency. Terry Mutchler
(717) 346-9903
COMMISSION ON CRIME AND DELINQUENCY
37 Pa. Code
Chapter 431
Constables' Education and Training Board
April 2011 Proposed. The purpose of this regulation is to eliminate any waivers of the firearms portion of the basic training course, preclude any constable under the age of 21 from participating in the firearms portion of the basic training course and to require a constable who fails a first and second examination in the basic training course bear the financial responsibility for a second or third basic training. Recent statutory changes have necessitated additional updates to the regulations. John Pfau
265-8546
CONSERVATION & NATURAL RESOURCES
State Forests
(Chapter 21)
Publish proposed rulemaking
April 2011.
A number of provisions in this chapter need to be clarified and updated. The State Forest Picnic Area chapter (23) will be incorporated into this chapter to eliminate duplication and for ease of reference. Legal basis: Sections 302, 313, 502 of the Conservation & Natural Resources Act (71 P. S. §§ 1340.302, 1340.313 and 1340.502) Matt Beaver
(717) 783-0379
Susan Wood, Esq.
(717) 772-4171
State Forest Picnic Areas
(Chapter 23)
Publish proposed rulemaking
April 2011.
The provisions of this chapter will be incorporated into Chapter 21 (State Forests) for purposes of simplification and ease of reference. Legal basis: Sections 302, 313, 502 of the Conservation & Natural Resources Act (71 P. S. §§ 1340.302, 1340.313 and 1340.502) Matt Beaver
(717) 783-0379
Susan Wood, Esq.
(717) 772-4171
Conservation of Pennsylvania Native Wild Plants
(Chapter 45)
Publish proposed rulemaking
April 2011.
Major purpose of rulemaking is to update the lists of native wild plants within the classifications and change the beginning date of the ginseng harvest season from August 1 to September 1. Legal basis: Section 7 of the Wild Resource Conservation Act (32 P. S. § 5307); and Section 313 of the Conservation and Natural Resources Act (71 P. S. § 1340.313). Chris Firestone
570-724-8149
Susan Wood, Esq.
(717) 772-4171
CORRECTIONS
Revisions to 37 Pa. Code
Chapter 93
July 2010, as proposed. The Motivational Boot Camp regulations are being revised to eliminate unnecessary staffing provisions. Timothy Holmes
(717) 731-0444
Amendments to 37 Pa. Code § 94.4 July 2010, as proposed. The amendment will restrict the ability of individuals to purchase items from outside the institution for inmates. Theron Perez
(717) 731-0444
EDUCATION
Standards for Approved Private Schools
22 Pa. Code
Chapter 171 Subchapter C
Fall 2011, 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
Regulations of the State Board of Private Academic Schools
22 Pa. Code
Chapters 51, 53, 55, 57, 61 and 63
Fall 2011, 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.) Myrna Delgado
(717) 783-6791
Higher Education—
College and University Security.
22 Pa. Code
Chapter 33
July 2011, as proposed. This chapter governs the responsibility of institutions of higher education to comply with the College and University Security Information Act. The chapter applies to independent institutions of higher education, community colleges, member institutions of the State System and State-related institutions. Adam Schott
(717) 787-3787
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 intends to propose corrections to existing rules in early 2011. The Environmental Hearing Board intends to correct an omission in the language of 25 Pa. Code § 1021.51 which was amended in 2009, and eliminate its rules pertaining to the Costs Act which has expired. Maryanne Wesdock
(412) 565-5245
ENVIRONMENTAL PROTECTION
Remining Financial Guarantees and Federal OSM Consistency Rule Surface Mining Conservation and Reclamation Act
25 Pa. Code
Chapters 86—88
FY 10-11. Revisions to Chapters 86—88 to include remining financial guarantees proposal, and revisions to address program conditions that are currently inconsistent with federal OSM rules, including self-bonding, decisions on incidental coal extraction, coal exploration on areas unsuitable for mining, impoundment design criteria and disposal of noncoal waste and NPDES permit-by-rule for abandoned mine discharges. Bill Allen
(717) 783-9580
wallen@state.pa.us
Noncoal Program
Noncoal Surface Mining Conservation and Reclamation Act
25 Pa. Code
Chapter 77
FY 10-11. Revisions to Chapter 77 (Noncoal Mining) that govern the licensing of mine operators and permitting of mines for minerals other than coal. Specific areas for revision include clarification of permit application requirements including hydrologic data requirements and updates to permit application fees to support program activities. Bill Allen
(717) 783-9580
wallen@state.pa.us
Water Supply Replacement
Surface Mining Conservation & Reclamation Act
25 Pa. Code
Chapters 87 and 88
FY 10-11. 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. Greg Shuler
(717) 783-1199
gshuler@state.pa.us
Remining Requirements (Subchapters F and G Revisions)
Surface Mining Conservation and Reclamation Act,
25 Pa. Code
Chapters 86 and 88
FY 10-11. Amendments to remining requirements in Chapters 86 and 88 (Subchapters F and G) in order to reflect regulatory changes enacted by the Federal Environmental Protection Agency. Keith Brady
(717) 787-4814
kbrady@state.pa.us
Noncoal Mining Fees
Noncoal Surface Mining Conservations & Reclamation Act
25 Pa. Code
Chapter 77
FY 10-11. Amendments to 25 Pa. Code Chapter 77 in order to implement fees to support the Noncoal Mining Program. Bill Allen
(717) 783-9580
wallen@state.pa.us
Coal Mining Permit Fees
Surface Mining Conservation and Reclamation Act,
25 Pa. Code
Chapter 86
FY 10-11. Increase permit application fees to support program activities. Bill Allen
(717) 783-9580
wallen@state.pa.us
Areas Unsuitable for Surface Mining
Surface Mining Conservation and Reclamation Act,
25 Pa. Code
Chapter 86
FY 10-11. Amendments to 25 Pa. Code § 86.130 to add subsection (b)(18) to designate the Lower Kittanning, Clarion, Brookville and Mercer coals within the upper portion of the Muddy Run watershed, Reade Township, Cambria County, as unsuitable for surface mining operations. The regulation is the result of a comprehensive technical evaluation conducted in response to a petition submitted to the EQB by the Reade Township Municipal Authority, which requested that an area within the Muddy Run drainage be designated as unsuitable for surface mining operations. Geoff Lincoln
(717) 783-9582
glincoln@state.pa.us
Oil & Gas Well Program
Oil and Gas Act
25 Pa. Code
Chapter 78
FY 10-11. Revisions to Chapter 78 (Oil and Gas Wells) that governs the drilling, operation and plugging of oil and gas wells. Includes changes to the quantity and quality for replacement water supplies as well as their adequate operation and maintenance; alternate requirements for drilling through mineable coal seams and the recovery of coal bed methane prior to mining. Scott Perry
(717) 772-2199
scperry@state.pa.us
Oil & Gas Well Program
Oil and Gas Act
25 Pa. Code
Chapter 78
FY 10-11. This rulemaking will include changes to bond amounts. Scott Perry
(717) 772-2199
scperry@state.pa.us
Underground Coal Mine Safety
Bituminous Coal Mine Safety Act
25 Pa. Code
Chapter 208
FY 10-11. The rulemaking adopts by reference the MSHA regulations with a few minor edits. The regulation addresses belt flammability standards and maintenance requirements, seal design, construction and maintenance requirements, emergency response requirements, self-contained rescue devices and refuge chambers communication. Joseph Sbaffoni
724-439-7469
jsbaffoni@state.pa.us
Underground Coal Mine Safety
Automated External Defibrillators
Bituminous Coal Mine Safety Act
25 Pa. Code
Chapter 208
FY 10-11. This regulation establishes safety standards relating to Automated External Defibrillators in underground bituminous coal mines. Joseph Sbaffoni
724-439-7469
jsbaffoni@state.pa.us
Underground Coal Mine Safety Reportable Accidents
Bituminous Coal Mine Safety Act
25 Pa. Code Chapter 208
FY 10-11. This rulemaking expands the list of accidents in underground bituminous coal mines that must be reported to the Department within 15 minutes of discovery. Joseph Sbaffoni
724-439-7469
jsbaffoni@state.pa.us
Safe Drinking Water Fees
Safe Drinking Water Act
25 Pa. Code
Chapter 109
FY 10-11. Amendments to update drinking water program fees. The fees have not been changed since 1984. Kevin McLeary
(717) 783-1820
kmcleary@state.pa.us
Dam Safety and Waterways Management Fees
Dam Safety and Encroachments Act and Clean Streams Law
25 Pa. Code
Chapter 105
FY 10-11. The purpose of the rulemaking package is to amend existing regulations at 25 Pa. Code Chapter 105 to update existing fees and include additional fees for activities performed by the Department. The fees have not been increased since 1991. Sidney Freyermuth
(717) 772-5977
sfreyermuth@state.pa.us
Clarks Creek, et al. Stream Redesignations Package
Clean Streams Law
25 Pa. Code
Chapter 93
FY 10-11. This rulemaking identifies the six following candidate streams that were considered for redesignation in order to provide the correct aquatic life use designation in the water quality standards: UNT Lackawanna River ''Clarks Creek'' (Wayne County), Pine Creek (Schuykill County), UNT Conestoga River (Lancaster County), Hammer Creek (Lebanon and Lancaster Counties), UNT Schuylkill River ''Spring Mill Run'' (Montgomery County), and Cacoosing Creek (Berks County). A correction to the designated use of Toms Run (Forest County) is also included in this rulemaking. Rodney McAllister
(717) 787-9637
romcallist@state.pa.us
Fishing Creek, et al. Stream Redesignations Package
Clean Streams Law
25 Pa. Code
Chapter 93
FY 10-11. This rulemaking identifies the eight following stream segments that were considered for redesignation in order to provide the correct aquatic life use designation in the water quality standards: Buck Hill Creek (Monroe County); Upper Lehigh River (Lackawanna, Monroe, Wayne and Luzerne Counties); Little Lehigh Creek (Lehigh and Berks Counties); Gallows Run (Bucks County); French Creek and Beaver Run (Chester County); Tannery Hollow Run (Cameron County); Fishing Creek (Lancaster County); and Deer Creek and Little Falls (York County). Rodney McAllister
(717) 787-9637
romcallist@state.pa.us
Air Quality Plan Approval and Operating Permit Fees
Air Pollution Control Act
25 Pa. Code
Chapters 127 and 139
FY 10-11. The proposed rulemaking will amend existing requirements and fees codified in 25 Pa. Code Chapter 127, Subchapter I (relating to plan approval and operating permit fees), and add new categories of fees to Chapter 127, Subchapter I, to address modifications of existing plan approvals and requests for determination of whether a plan approval is required. The proposed rulemaking also adds a new section to address fees for risk assessment applications. The proposed rulemaking will amend the existing emission fee paid by the owner or operator of a Title V facility. The proposed rulemaking will also add Subchapter D (relating to testing, auditing and monitoring fees) to Chapter 139 to add new categories of fees and to establish a fee schedule to address Department-performed source testing and auditing and monitoring activities for continuous emission monitoring systems (CEMS). Dean Van Orden
(717) 783-9264
dvanorden@state.pa.us
Nonattainment New Source Review Particulate Matter 2.5 (NNSR PM2.5)
Air Pollution Control Act
25 Pa. Code
Chapters 121 and 127
FY 10-11. The final rulemaking amends the existing nonattainment new source review (NSR) requirements in 25 Pa. Code Chapter 127, Subchapter E (relating to new source review), §§ 127.201—127.218, to incorporate recently promulgated Federal requirements for particulate matter equal to and less than 2.5 micrometers in diameter (PM2.5) and PM2.5 precursors. Amendments to § 121.1 (relating to definitions) are also made to support the final amendments to Chapter 127. The final amendments limit the emissions of PM2.5 and PM2.5 precursors for new major sources or major sources being modified in certain counties and portions of counties of this Commonwealth that are designated as nonattainment for the PM2.5 National Ambient Air Quality Standard. The Federal regulation requires a state with PM2.5 nonattainment areas to submit the revised nonattainment NSR PM2.5 requirements to the U.S. Environmental Protection Agency (EPA) by May 16, 2011, for approval as a revision to the State Implementation Plan (SIP). Virendra Trivedi
(717) 772-3979
vtrivedi@state.pa.us
HEDD—High Electric Demand Days
Air Pollution Control Act
25 Pa. Code
Chapter 121 and 129
FY 10-11. The proposed rulemaking would amend 25 Pa. Code Chapter 129 to limit emissions of nitrogen oxides (NOx) from electric generating units (EGUs) and emergency generator sets used during non-emergency periods that operate less than 1,200 hours per Ozone Season and generate electricity during periods of peak electric demand, including high electric demand days (HEDD). Amendments to § 121.1 (relating to definitions) would also be made to support the proposed amendments to Chapter 129. Susan Hoyle
(717) 772-2329
shoyle@state.pa.us
Sulfur Limits in Commercial Fuel Oil
Air Pollution Control Act
25 Pa. Code
Chapters 121 and 123
FY 10-11. The final rulemaking will amend 25 Pa. Code § 123.22 (relating to combustion units) to lower the maximum allowed percent sulfur content in commercial fuel oil sold for and used in combustion units in this Commonwealth, to further limit the emissions of sulfur dioxide (SO2) from these sources. Amendments to § 121.1 (relating to definitions) will also be made to support the final amendments to § 123.22. The final rulemaking will ensure consistency with the State Implementation Plan revision submitted by Pennsylvania to meet reasonable progress goals for reducing regional haze. Susan Hoyle
(717) 772-2329
shoyle@state.pa.us
Flexible Packaging Printing Presses and Offset Lithographic and Letterpress Printing Presses
Air Pollution Control Act
25 Pa. Code
Chapter 121 and 129
FY 10-11. The proposed rulemaking would amend 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 proposal would amend §§ 129.51 and 129.67 (relating to general; and graphic arts systems) and add §§ 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) would also be made to support the proposed amendments to Chapter 129. Susan Hoyle
(717) 772-2329
shoyle@state.pa.us
Municipal and Residual Waste Amendments
Solid Waste Management Act and Waste Transportation Safety Act
25 Pa. Code
Chapters 271—285 and 287—299
FY 10-11. These proposed revisions are comprehensive modifications to the Municipal and Residual Waste Regulations, including: consolidating similar chapters and standardizing provisions, where applicable, between the two volumes; revising and clarifying definitions, including the definition of ''waste''; developing additional permits-by-rule; incorporating commodity disposal bans; revising the local and municipal involvement process for waste disposal and processing facility applications; and revising the environmental assessment and harms/benefits test and fee revisions. The package will also include regulations to implement the Waste Transportation Safety Program as authorized by Act 90 of 2002. Steve Socash
(717) 787-7381
ssicash@state.pa.us
Municipal Waste Regulated Medical Amendments
Solid Waste Management Act
25 Pa. Code
Chapter 284
FY 10-11. This rulemaking will amend the existing Chapter 284. This will include some definitions in Chapter 271 that will be added or amended. The term infectious waste will be replaced with the term ''regulated medical waste.'' This terminology change will be a global change. In addition to definitional changes, this proposal also includes changes to storage, transporter licensing and manifesting requirements for regulated medical waste. Steve Socash
(717) 787-7381
ssicash@state.pa.us
Residual Waste Generator Amendments
Solid Waste Management Act and Waste Transportation Safety Act
25 Pa. Code
Chapter 287
FY 10-11. These proposed revisions streamline and update biennial reporting requirements, reduce the number of generators subject to biennial reporting and annual chemical analyses requirements and eliminate submission of annual chemical analyses. The requirement for source reduction strategies is proposed for elimination. Steve Socash
(717) 787-7381
ssicash@state.pa.us
Radiological Health
25 Pa. Code
Chapters 215—240
FY 10-11. 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. Joe Melnic
(717) 783-9730
jmelnic@state.pa.us
Radiological Health
25 Pa. Code
Chapters 215—240
FY 10-11. This rulemaking will include amendments to address new x-ray technology that is not addressed in current regulations. Joe Melnic
(717) 783-9730
jmelnic@state.pa.us
Radon Certification Amendments
25 Pa. Code
Chapter 240
FY 10-11. This rulemaking will include amendments to incorporate standards and protocols for radon certification. The rulemaking will also update worker health and safety rules, provide for the regulation of radon testing and mitigation in schools and public buildings, and amend requirements for radon certification continuing education providers. Joe Melnic
(717) 783-9730
jmelnic@state.pa.us
GENERAL SERVICES
Responsibility,
4 Pa. Code
Chapter 60
Fall 2011, as proposed. This chapter will be amended to be consistent with the Procurement Code and to provide for uniform debarment and suspension procedures. Michael C. Barrett
(717) 346-9781
Committee on Construction Contract Documents,
4 Pa. Code
Chapter 62
Summer 2011, as final omitted. The Procurement Code repealed the legislation creating this committee, which no longer exists. Michael C. Barrett
(717) 346-9781
Selections Committee,
4 Pa. Code
Chapter 64
Summer 2011, as final omitted. These regulations should be rescinded since they have been superseded by the Commonwealth Procurement Code. Michael C. Barrett
(717) 346-9781
Emergency Construction Repairs
4 Pa. Code
Chapter 67
Summer 2011, as final omitted. These regulations should be rescinded since they have been superseded by the Commonwealth Procurement Code. Michael C. Barrett
(717) 346-9781
Contract Compliance
4 Pa. Code Chapter 68, Subchapter A, Prequalification of Vendors and Non-construction Contractors
Summer 2011, as final omitted. These regulations should be rescinded since the subject matter of these rules is now covered by the directives management system. Michael C. Barrett
(717) 346-9781
Methods of Awarding Contracts,
4 Pa. Code
Chapter 69
Summer 2011, as final omitted. These regulations should be rescinded since they have been superseded by the Commonwealth Procurement Code. Michael C. Barrett
(717) 346-9781
Use of the Forum
4 Pa. Code
Chapter 87
Fall 2011, as final omitted. The regulations will be amended to reflect the Department's current use of a rental agreement instead of a permit and to reflect the current organizational structure. Michael C. Barrett
(717) 346-9781
HEALTH
Communicable and Non-Communicable Diseases
28 Pa. Code § 27.1 et seq.
June 2010, as proposed. The amendments to existing regulations will clarify the Department's authority to perform disease surveillance and investigation and revise language pertaining to reportable diseases. Pursuant to the Disease Prevention and Control Law of 1955, 35 P. S. §§ 521.1—521.21. Jalene Kolb
(717) 783-2500
Nursing home regulations
28 Pa. Code §§ 201.3 and 211.6
April 2011, as proposed. Amendments made by Act 68 of 2008 to the Social Workers, Marriage and Family Therapists and Professional Counselors Act (63 P. S. §§ 1901—1922) include a definition for the term ''social worker'' and prohibits individuals from holding themselves out as social workers, using the title of ''social worker'' or using the abbreviation of ''S.W.'' without meeting Act 68's definition of ''social worker.'' Act 68 also prohibits ''advertising as a social worker and adopting or using any title or description of services incorporating the term 'social worker' and their related abbreviations, which implies directly or indirectly that the individual is a social worker.'' The new statutory definition of a ''social worker'' conflicts with the definition in the Department's nursing home regulations. In order to resolve this conflict and allow facilities to continue to employ the individuals they currently employee in these positions (and who do not meet the new statutory definition of a social worker) the Department would propose to amend the term ''social worker'' in the regulations to ''social services coordinator.'' This will continue to allow nursing homes to hire individuals who meet the qualifications in the Department's nursing home regulations and in federal nursing home regulations, thereby giving facilities a larger pool of potential employees and controlling health care costs. The amendments would be promulgated pursuant to the Health Care Facilities Act, 35 P. S. §§ 448.101—448.904b, and Act 68. Robert T. Datorre
(717) 783-2500
Hospice Regulations
November 2011, as proposed. These regulations will establish and enforce minimum standards for the licensure of hospice services and residential facilities. The regulations are based on federal CMS regulations for Medicare certified providers. The regulations govern the construction, maintenance and operation of inpatient and residential hospice facilities to ensure safe, adequate and efficient provision of hospice services. Audrey Miner
(717) 783-2500
Emergency Medical Services System Regulations
March 2011 As proposed. These new regulations will facilitate the Department's administration of the Emergency Medical Services System Act (Act) chapter of Act 37 (2009), 35 Pa.C.S. §§ 8101—8157. The Act repeals and replaces the Emergency Medical Services Act. However, many of the provisions of the Emergency Medical Services Act will remain in effect for 180 after final regulations are promulgated under the Act. The Act is designed to update the existing emergency medical services system by ensuring higher quality and better coordinated emergency medical services are provided in a system that is fully integrated with the overall health care system and, in particular, with the public health system. Kenneth E. Brody
(717) 783-2500
Photo Identification Tag Regulations
April 2011, as interim regulations. 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. The effective date of this amendment is January 22, 2011. The Act requires the Department to adopt interim regulations by April 22, 2011 and final regulations within 18 months of the effective date. Implementation of these provisions are staggered with those working ''outside'' of a health care facility and in physician offices required to comply immediately and those employed ''at'' a health care facility required to comply by June 1, 2015. James T. Steele, Jr.
Robert Datorre
Audrey Miner
(717) 783-2500
HOUSING FINANCE AGENCY
No regulations being developed or considered at this date.

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