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Regulatory Agenda

[46 Pa.B. 3702]
[Saturday, July 9, 2016]

 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 (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
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 2016, 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 2016, 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 Department has 1 year from the Act's effective date to promulgate guidance (such as regulations or statements of policy) governing these programs, which intended to provide community adult respite to eligible persons for part of a 24 hour day, filling a niche between senior centers and older adult daily living centers.
Kevin Longenecker
(717) 265-7568
Family Caregiver Support Program
6 Pa. Code Chapter 20
Fall/Winter 2016, as Proposed Section 4(b)(1)(2) of the Pennsylvania Caregiver Support Act of December 19, 1990 (P.L. 1234, No. 204) authorizes the Department of Aging to develop operating procedures and guidelines to provide benefits set forth in the act to contracted area agencies on aging, and to develop eligibility criteria for primary caregivers to receive assistance pursuant to the act. Providing support enables caregivers to continue to provide care in the home and the care receiver to remain at home, rather than out of home placement.
On December 22, 2011, the Act was amended to further provide for intent, for definitions, for caregiver support program, for reimbursements, and for entitlement not created. The proposed changes to Chapter 20—which became effective in July 1992 and was last revised in 2007—will: (a) align the regulations with the 2011 Act amendments; (b) provide guidelines to area agencies on aging in administering the program to eligible caregivers; (c) address the lack of statewide uniformity for the Program; and (d) address the current and future needs of the caregiver.
Steve Horner
(717) 772-1221
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
September 2016, 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
Commercial Feed Rules and Regulations
7 Pa. Code Chapter 71
October 2016, 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). Erin Bubb
(717) 772-5215
Pet Food Rules and Regulations
7 Pa. Code Chapter 72
October 2016, 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). Erin Bubb
(717) 772-5215
Agriculture Conservation Easement Purchase Program Regulations
7 Pa. Code Chapter 138e
August 2016, 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
August 2016, as Proposed This regulation will establish standards required under the Pennsylvania Preferred Act (3 Pa.C.S.A §§ 4601—4611). Hannah Smith-
Brubaker
(717) 783-8462
Tuberculosis and Brucellosis Testing Requirements for Animals
7 Pa. Code Chapters 3, 5 and 7
November 2016, 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
July 2016, 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
October 2016, 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
October 2016, 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
Department of Banking and Securities (DOBS)
Merger-related amendatory regulations under the Pennsylvania Securities Act of 1972 Summer 2016, as Proposed Required pursuant to 70 P.S. § 1-609. Leo Pandeladis
(717) 787-1471
Department of Community and Economic Development (DCED)
Minority Business Development Authority
12 Pa. Code Chapter 81
(#4-98)
Spring of 2016, as Proposed Proposed changes to the Minority Business Development Authority regulations seek to eliminate those sections of the existing regulations which impede the Pennsylvania Minority Business Development Authority's ability to be flexible and responsive to its target market by easing loan program requirements, such as requiring loan recipients to commit to ''full-time'' management of the company, and allowing more flexibility in setting loan amount caps, interest rates, job creation criteria, etc.
The regulations were originally submitted on November 5, 2014 as Final-Omitted Regulations. The Final-Omitted Regulations were withdrawn and were submitted as Proposed Regulations. The Proposed Regulations were approved by the Office of General Counsel on April 26, 2016, and by the Office of Attorney General on May 12, 2016. They will now be submitted to the standing committees in the House and Senate and to IRRC.
Timothy Anstine
(717) 720-7312
Industrial Housing and Components
12 Pa. Code Chapter 145
(#4-95)
Summer 2016, as Final Proposed changes to the Industrial Housing and Components regulations have gone through the proposed regulatory process and final regulations were submitted to OGC on February 1, 2016. The changes seek to bring the regulations into compliance with a recent amendment to the Industrialized Housing Act, which extended the current standards and procedures to include commercial buildings, and to further strengthen and clarify the Department's role in monitoring the production and installation of industrialized housing in the Commonwealth. Mark A. Conte
(717) 720-7416
Local Earned Income Tax (Act 32 of 2008 Regulations)
12 Pa. Code Chapter 151
(#4-97)
Fall 2016, 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.
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
June 2016, 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
Department of Corrections (DOC)
Reception and Discharge of Inmates
37 Pa. Code § 91.3
Fall 2016, 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. Elizabeth Pettis
(717) 728-7763
Inmate Correspondence
37 Pa. Code § 93.2
Fall 2016, as Proposed The inmate correspondence regulations are being revised for clarification and to more accurately comport with current standards. Elizabeth Pettis
(717) 728-7763
Purchase for Inmates by Family and Friends
37 Pa. Code § 93.4
Fall 2016, as Proposed Purchase for inmates by family and friends regulations are being revised for clarification and more accurately comport with current standards. Elizabeth Pettis
(717) 728-7763
Motivational Boot Camps
37 Pa. Code §§ 93.301—93.308
Fall 2016, as Proposed The Motivational Boot Camp regulations are being revised to conform the statutory references and to reduce costs by eliminating unnecessary mandates. Elizabeth Pettis
(717) 728-7763
Inmate Correspondence
37 Pa. Code § 93.2
Fall 2016, 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. Elizabeth Pettis
(717) 728-7763
Inmate Discipline
37 Pa. Code § 93.10
Fall 2016, 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. Elizabeth Pettis
(717) 728-7763
County Correctional Institutions
37 Pa. Code §§ 95.220—95.248
Fall 2016, 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. Elizabeth Pettis
(717) 728-7763
Department of Drug and Alcohol Programs (DDAP)
Standards for Licensure of Treatment Facilities
28 Pa. Code Chapter 709
(#74-3)
Fall 2016, 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)
Summer 2016, as Final These regulations define the requirements for obtaining licensure or registration and for operating as a Private Licensed School. The Board plans to update the regulations which were promulgated in 1988 to raise fees to meet statutory obligations to cover all Board costs through fees. These regulations are promulgated under the authority of the Private Licensed Schools Act—
24 P.S. § 6510(a).
Patricia Landis
(717) 783-8228
State Board of Private Licensed Schools
22 Pa. Code Chapter 73
Winter 2016, 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 Summer 2016, 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 and 63
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
State Board of Education
22 Pa. Code Chapter 18
(#6-329)
Summer 2016, as Final 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, as amended, 24 P.S. § 621-A(A)(2)(I). Karen Molchanow
(717) 787-3787
State Board of Education
22 Pa. Code Chapters 12, 14, 16 and 49
(#6-333)
Summer 2016, as Final-Omitted This regulation includes minor technical amendments to five existing sections in four chapters. It is necessary to rectify inconsistencies between these five sections and recent changes by the Board to Chapter 4. The regulation is promulgated under the authority of the Public School Code of 1949, as amended 24 P.S. §§ 1-121, 26-2603-B, 26-2604-B. Karen Molchanow
(717) 787-3787
Standards for Approved Private Schools
22 Pa. Code Chapter 171
Subchapters A and C
Winter 2016, 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(c.9) and 1376.1(f5) of the Public School Code of 1949, 24 P.S. §§ 13-1376(c.8) and 1376.1(f5). Alaina Koltash
(717) 787-5500
Regulations of the State Library and Advisory Council on Library Development
22 Pa. Code Chapters 131, 133, 135, 127, 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 2016. 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
Winter 2016, 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
Spring 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 & Practices Commission
22 Pa. Code Chapter 235
Winter 2016, 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 & Practices Commission
22 Pa. Code Chapter 237,
Subchapter A
Winter 2016, 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
Environmental Hearing Board (EHB)
Practice and Procedure
25 Pa. Code Chapter 1021
(#106-12)
Summer/Fall 2016, as Final The Environmental Hearing Board proposed revisions to its rules which were published in the December 9, 2015 issue of the Pennsylvania Bulletin.
The Environmental Hearing Board has proposed the following revisions to its rules of practice and procedure: (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.
John Dixon,
Assistant Counsel
(717) 329-7859
Maryanne Wesdock,
Senior Counsel
(412) 565-5245
Department of Environmental Protection (DEP)
Areas Unsuitable for Surface Mining
25 Pa. Code Chapter 86
Quarter 3, 2016, EQB Consideration, as Proposed This 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
Remining Requirements (Subchapters F and G Revisions)
25 Pa. Code Chapters 87, 88 and 90
Quarter 3, 2016, IRRC Consideration, as Final This rulemaking includes amendments to remining requirements in order to reflect changes enacted in EPA regulations. The rulemaking incorporates into the Pennsylvania regulations two statistical methods provided in the Federal regulations, eliminating the need to implement methods via individual permits, and providing flexibility regarding the choice of statistical method based on site-specific factors. The rulemaking further provides for remining at sites in which it is infeasible to establish pollution baselines. (Surface Mining Conservation and Reclamation Act) Bill Allen
(717) 783-9580
wallen@pa.gov
Noncoal Program Fee Amendments
25 Pa. Code Chapter 77
Quarter 4, 2016, EQB Consideration, as Proposed This rulemaking will increase fees in order to provide the funding for the Noncoal Mining Program, which implements the Noncoal Surface Mining and Conservation and Reclamation Act (NSMCRA). The rulemaking will provide more revenue in order to implement the NSMCRA, which requires operators to apply for and maintain active permits and licenses to mine noncoal minerals in Pennsylvania. In administering the noncoal mining program, DEP reviews and issues permits and conducts inspections to assure compliance with the permits and performance standards. (Noncoal Surface Mining Conservation and Reclamation Act, Clean Streams Law) Bill Allen
(717) 783-9580
wallen@pa.gov
Coal Mining Fee Amendments
25 Pa. Code Chapter 86
Quarter 4, 2016, EQB Consideration, as Proposed This rulemaking will increase coal mining fees. Existing fees cover a small part of the costs of implementing the coal mining program. The coal mining program is paid, in part, by a grant from the Federal Office of Surface Mining. The proposed rulemaking is intended to cover a larger portion of the remaining costs. Proposed fee amounts will be updated to account for current costs for benefits, overhead, and support. (Surface Mining Conservation and Reclamation Act) Bill Allen
(717) 783-9580
wallen@pa.gov
Handling and Use of Explosives
25 Pa. Code Chapters 210 and 211
Quarter 4, 2016, EQB Consideration, as Final This rulemaking revises current explosives regulations to address blasting activities relating to seismic exploration. The rulemaking will also update explosives use requirements, enforcement authority and eliminate outdated requirements. (Explosives Acts of 1937 and 1957; Surface Mining Conservation and Reclamation Act; and Noncoal Surface Mining Conservation and Reclamation Act) Rick Lamkie
(814) 472-1885
rlamkie@pa.gov
Federal Office of Surface Mining (OSM) Program Consistency Updates
25 Pa. Code Chapters 86, 89
and 90
Quarter 2, 2017, EQB Consideration, as Proposed This rulemaking will include amendments to Chapter 86 in order to comply with Federal regulatory requirements, revisions to Chapter 89 effluent limits for passive treatment systems to comply with Federal regulations, and updates to Chapter 90 coal refuse site selection regulations to comply with the revised Coal Refuse Disposal Control Act. (Surface Mining Conservation and Reclamation Act) Bill Allen
(717) 783-9580
wallen@pa.gov
Underground Coal Mine Safety
Sensitive Ground Fault
25 Pa. Code Chapter 208
Quarter 3, 2016, BCMS Consideration, as Proposed This rulemaking includes revisions to Chapter 208 in order to enhance the safety of electrical cables in underground mines through the use of 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, 2016, BCMS Consideration, as Final This rulemaking adds regulatory provisions to Chapter 208 relating to proximity detection systems. Currently in Pennsylvania, safety requirements involving the use of proximity detection systems on continuous mining machines at underground bituminous coal mines are implemented pursuant to recently published Federal Mine Safety and Health Administration regulations. As such, there is no State basis for enforcing these Federal regulations. This rulemaking addresses this gap in the State regulatory scheme and makes those Federal regulations independently enforceable by the Commonwealth. These requirements ensure that continuous mining machines at underground bituminous coal mines are safely operated and maintained in order to reduce the risk of accidents and injuries. (Bituminous Coal Mine Safety Act) Colvin ''Craig'' Carson
(724) 404-3154
cocarson@pa.gov
Environmental Protection Performance Standards at Oil and Gas Well Sites
25 Pa. Code Chapters 78 and 78a, Subchapter C
Quarter 2, 2016, IRRC Approved as Final This rulemaking includes amendments to the Oil and Gas regulations including separate chapters to differentiate the requirements for conventional (Chapter 78) and unconventional (Chapter 78a) operators and to update the environmental protection performance standards related to oil and gas activities. (2012 Oil and Gas Act, Clean Streams Law, Solid Waste Management Act, Dam Safety Encroachment Act, Land Recycling and Environmental Remediation Standards Act, Radiation Protection Act, Unconventional Well Report Act, Act 126 of 2014) Kurt Klapkowski
(717) 772-2199
kklapkowsk@pa.gov
Well Drilling, Operation, and Plugging
25 Pa. Code Chapter 78, Subchapter D
Quarter 2, 2017, EQB Consideration, as Proposed This rulemaking includes revisions to Chapter 78 (Oil and Gas Wells) Subchapter D, regulating the drilling, casing, cementing, completion, operation, production, plugging and other subsurface activities associated with Oil and Gas exploration and development, including revisions to well plugging procedures, venting, alternative methods, and to address the plugging of unconventional wellbore laterals and coal bed methane wells. (Oil and Gas Act, Clean Streams Law) Kurt Klapkowski
(717) 772-2199
kklapkowsk@pa.gov
Revised Total Coliform Rule
25 Pa. Code Chapter 109
Quarter 2, 2016, EQB Consideration, as Final This rulemaking will amend Chapter 109 to incorporate necessary Federal requirements needed to obtain primary enforcement authority (primacy) for the Revised Total Coliform Rule (RTCR). (Pennsylvania Safe Drinking Water Act) Jeff Allgyer
(717) 772-4015
jallgyer@pa.gov
Disinfectant Residual Requirements Rule
25 Pa. Code Chapter 109
Quarter 4, 2016, EQB Consideration, as Final This rulemaking 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 will also clarify other existing provisions to obtain primacy for the Federal Long Term 2 Enhanced Surface Water Treatment Rule, Short-term Revisions to the Lead and Copper Rule, and the Stage 2 Disinfection Byproducts Rule. (Pennsylvania Safe Drinking Water Act) Lisa Daniels/
Dawn Hissner
(717) 772-4018
ldaniels@pa.gov
dhissner@pa.gov
Safe Drinking Water General Update and Fee Amendments
25 Pa. Code Chapter 109
Quarter 4, 2016, EQB Consideration, as Proposed This rulemaking will amend Chapter 109 to strengthen turbidity standards for surface water filtration plants, update and clarify permitting requirements for new sources, and clarify source water protection requirements and other sections of Chapter 109. This rulemaking will also establish new annual fees and increase permit fees to supplement state costs for administering the Safe Drinking Water Program. (Pennsylvania Safe Drinking Water Act) Lisa Daniels/
Phil Consonery
(717) 787-9633
ldaniels@pa.gov
pconsonery@pa.gov
Nutrient Credit Trading and Offsetting Program
25 Pa. Code § 96.8
Quarter 2, 2017, EQB Consideration, as Proposed This rulemaking will 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
Water Quality Standards—Class A Stream Redesignations
25 Pa. Code Chapter 93
Quarter 3, 2016, EQB Consideration, as Final The amendments 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) under 25 Pa. Code § 93.4c (relating to implementation of antidegradation requirements). Section 93.4c(a)(1) pertains to the process for changing a designated use of a stream. In this proposal, redesignations rely on § 93.4b(a)(2)(ii) to qualify streams for High Quality designations based upon their classifications as Class A wild 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. This review was conducted to ensure that the High Quality criteria were met. Based on these data and appropriate regulatory criteria, DEP developed this package of stream redesignations including High Quality stream redesignations in the Delaware, Susquehanna and Ohio River basins. (Section 303(c)(1) of the Federal Clean Water Act) Rodney Kime
(717) 787-9637
rkime@pa.gov
Water Quality Standards—Sobers Run et al., Stream Redesignations
25 Pa. Code Chapter 93
Quarter 1, 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 in this proposed rulemaking were all 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 3, 2016, EQB Consideration, as Proposed This rulemaking will include revisions to the Commonwealth's water quality criteria and standards in Chapter 93 and updates to Chapter 16 Statement of Policy to reflect the latest scientific information and Federal guidelines for criteria development, as required by the triennial review requirements in the Federal Clean Water Act. (40 CFR Section 131.20) Tom Barron
(717) 787-9637
tbarron@pa.gov
Water Quality Management Fee Amendments
25 Pa. Code Chapter 91
Quarter 3, 2016, EQB Consideration, as Proposed This rulemaking proposes to amend fees related to water quality management permitting. 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. (Pennsylvania Clean Streams Law) Sean Furjanic
(717) 787-2137
sefurjanic@pa.gov
NPDES Program Fee Amendments
25 Pa. Code Chapter 92a
Quarter 3, 2016, EQB Consideration, as Proposed This rulemaking proposes to amend the fee schedule for NPDES permit applications. Chapter 92a updated the fee schedule for NPDES permit applications for persons to discharge pollutants from point sources into surface waters (see 25 Pa. Code § 92a.26). In addition, Chapter 92a introduced an annual fee for certain facilities authorized to discharge pollutants by individual NPDES permits (see 25 Pa. Code § 92a.62). DEP began its Chapter 92a annual invoicing and fee collection program in December 2010. DEP is required by 25 Pa. Code §§ 92a.26(h) and 92a.62(e) to provide a written review of the fees to the EQB at least once every three years. On February 18, 2014 DEP's Office of Water Management presented a Chapter 92a fee analysis to the EQB. The analysis highlighted that despite the fee increase in 2010, revenue continues to fall well short of expenses, and nearly $10 million per year is being drawn from DEP's General Fund to carry out the following program activities administered by DEP's Bureau of Clean Water (BCW) and implemented by DEP's Clean Water Program in six regional offices. (Pennsylvania Clean Streams Law)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, 2016, 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 Fee Amendments
25 Pa. Code Chapter 252
Quarter 2, 2017, EQB Consideration as Final This rulemaking proposes to establish appropriate standards for laboratories performing DEP compliance testing of environmental samples. The rulemaking outlines the minimum requirements to which laboratories must adhere when producing environmental data. The anticipated changes to the Chapter 252 regulation will include changes to the qualifications for laboratory supervisors, clarifications to recordkeeping requirements, and changes to the application fees and out-of-state travel expense reimbursement rate. The Environmental Laboratory Accreditation Act requires that the accreditation fees cover the cost of the operation of the laboratory accreditation program. (Environmental Laboratory Accreditation Act) Aaren Alger
(717) 346-8212
aaalger@pa.gov
Administration of Land Recycling Program
25 Pa. Code Chapter 250
Quarter 2, 2016, IRRC Consideration, as Final The rulemaking amends 25 Pa. Code Chapter 250 to update the Medium-Specific Concentrations (MSCs) established under the Statewide health standard based on the most recent published scientific information. MSCs are concentrations of contaminants in soil and groundwater that are protective of human health and the environment under various exposure scenarios. The regulations identify the formulas DEP must use to calculate MSCs and the sources of the toxicological information. (Land Recycling and Environmental Remediation Standards Act) Troy Conrad
(717) 783-9480
tconrad@pa.gov
Administration of the Storage Tank and Spill Prevention Program
25 Pa. Code Chapter 245
Quarter 2, 2017, EQB Consideration, as Proposed This rulemaking proposes to amend current regulations at 25 Pa. Code Chapter 245, Administration of the Storage Tank and Spill Prevention Program. The purpose for the rulemaking is to strengthen the underground storage tank (UST) requirements by increasing the emphasis on properly operating and maintaining equipment. Currently, UST owners and operators are required to have spill prevention, overfill prevention, and release detection equipment in place, but are not required to periodically verify the functionality of some of that equipment. The proposed changes are expected to result in significant improvements in the routine operation, maintenance and monitoring of underground storage tanks which will help to further reduce the number of releases from underground storage tanks and in turn protect public health and the environment. (Storage Tank and Spill Prevention Act) Charles Swokel
(717) 772-5806
cswokel@pa.gov
Radiation Protection Program Fees
25 Pa. Code Chapters 218 and 240
Quarter 2, 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 3, 2016, EQB Consideration, as Proposed This rulemaking amends 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
Control of VOC Emissions from Miscellaneous Metal and Plastic Parts Coatings
25 Pa. Code Chapter 129
Quarter 2, 2016, EQB Consideration, as Final This rulemaking amends the existing surface coating regulations under Chapter 129 to further reduce the emissions of volatile organic compounds from miscellaneous metal and plastic parts coatings to meet the Clean Air Act ''reasonably available control measures,'' including RACT requirements for ozone nonattainment areas. The emission limits and work practice standards are consistent with the recommendations of the EPA included in the corresponding CTG for this source category. Upon promulgation, the final-form regulation will be submitted to the EPA for approval as a revision to the State Implementation Plan. (Air Pollution Control Act) Susan Hoyle
(717) 772-2329
shoyle@pa.gov
Control of VOC Emissions from Automobile and Light-Duty Truck Assembly Coatings
25 Pa. Code Chapter 129
Quarter 2, 2016, EQB Consideration, as Final This rulemaking amends the existing surface coating regulations under Chapter 129 to further reduce the emissions of volatile organic compounds from automobile and light-duty truck assembly coatings to meet the Clean Air Act ''reasonably available control measures,'' including RACT requirements for ozone nonattainment areas. The emission limits and work practice standards are consistent with the recommendations of the EPA included in the corresponding CTG for this source category. Upon promulgation, the final-form regulation will be submitted to the EPA for approval as a revision to the State Implementation Plan. (Air Pollution Control Act) Susan Hoyle
(717) 772-2329
shoyle@pa.gov
Control of VOC Emissions from Industrial Cleaning Solvents
25 Pa. Code Chapter 129
Quarter 3, 2016, EQB Consideration, as Proposed This rulemaking will amend the existing surface coating regulations under Chapter 129 to reduce the emissions of volatile organic compounds from industrial cleaning solvents not regulated elsewhere in 25 Pa. Code Article III to meet the Clean Air Act ''reasonably available control measures,'' including RACT requirements for ozone nonattainment areas. The emission limits and work practice standards would be consistent with the recommendations of the EPA included in the corresponding CTG for industrial cleaning solvents. Upon promulgation, the final-form regulation will be submitted to the EPA for approval as a revision to the State Implementation Plan. (Air Pollution Control Act) Susan Hoyle
(717) 772-2329
shoyle@pa.gov
Air Quality Fee Schedule Amendments
25 Pa. Code Chapters 127 and 139
Quarter 4, 2016, EQB Consideration, as Proposed This rulemaking will revise existing requirements and fee schedules codified in 25 Pa. Code Chapter 127, Subchapter I (relating to plan approval and operating permit fees) to ensure that fees collected are sufficient to cover the costs of administering the air program as required under Section 6.3(a) of the Air Pollution Control (35 P.S. § 4006.3(a)). In addition to increasing the plan approval and operating permit application fees, the proposed rulemaking would add fees applicable to plan approval modifications and requests for determination of plan approval and operating permit requirements. The proposed rulemaking would also add separate fees for risk assessments and a revised fee structure for Title V facilities. The proposed rulemaking would also establish fee requirements in a new Subchapter D (relating to testing, auditing and monitoring fees) in Chapter 139 (relating to sampling and testing) to address Department-performed source testing, test report reviews and auditing and monitoring activities related to continuous emissions monitoring systems (CEMS). Upon promulgation, the final-form regulation will be submitted to the EPA for approval as a revision to the State Implementation Plan or the Title V Program Approval, as appropriate. (Air Pollution Control Act) Susan Hoyle
(717) 772-2329
shoyle@pa.gov
Low RVP Gasoline Repeal
25 Pa. Code Chapters 121,
126 and 139
Quarter 3, 2016, EQB Consideration, as Proposed This rulemaking will rescind certain provisions codified in 25 Pa. Code Chapters 121, 126 and 139 (relating to general provisions; motor vehicle and fuels programs; and sampling and testing). The proposed rulemaking would repeal §§ 126.301—126.303 and 139.14(b)(8) (relating to gasoline volatility requirements; and emissions of VOCs). Sections 126.301—126.303 impose requirements for summer low Reid Vapor Pressure (RVP) gasoline in the Pittsburgh-
Beaver Valley Area (Allegheny, Armstrong, Beaver, Butler, Fayette, Washington and Westmoreland Counties) from May 1 to September 15 as an emission reduction measure to address attainment and maintenance of the 1-hour ozone National Ambient Air Quality Standard (NAAQS). Section 139.14(b)(8) specifies the sampling and testing methods for analysis of low RVP gasoline. Amendments to § 121.1 (relating to definitions) would also be proposed, as approp-
riate, to support the rescission of §§ 126.301—126.303 and 139.14(b)(8). The proposed rulemaking is in response to Act 50 of 2014 (P.L. 674, May 14, 2014), which directs the EQB to promulgate regulations to repeal the requirements for low RVP gasoline upon demonstration of continued compliance with the NAAQS through the use of commensurate emission reductions from other air pollution control measures. Upon promulgation, the final-form regulation will be submitted to the EPA for approval as a revision to the State Implementation Plan. (Air Pollution Control Act)
Susan Hoyle
(717) 772-2329
shoyle@pa.gov
Control of VOCs from Gasoline Dispensing Facilities (Stage II)
25 Pa. Code § 129.82
Quarter 4, 2016, EQB Consideration, as Proposed This rulemaking will amend 25 Pa. Code § 129.82 (relating to control of VOCs from gasoline dispensing facilities (Stage II)) to repeal the requirements for installing new Stage II vapor recovery systems. The proposed rulemaking would establish procedures for the decommissioning of existing Stage II systems and would require Stage II systems that are not decommissioned to still comply with existing regulatory maintenance requirements. Upon promulgation, the final-form regulation will be submitted to the EPA for approval as a revision to the State Implementation Plan. (Air Pollution Control Act) Susan Hoyle
(717) 772-2329
shoyle@pa.gov
Amendments to Mobile Equipment Repair and Refinishing
25 Pa. Code Chapters 121
and 129
Quarter 4, 2016, EQB Consideration, as Proposed This rulemaking will amend the existing surface coating regulations in 25 Pa. Code § 129.75 to harmonize the emission limits and work practice requirements of the Clean Air Act ''reasonably available control technology'' 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 would be proposed for the adhesives, sealants, primers and solvents regulations in 25 Pa. Code §§ 129.77 and 130.701—130.708. Amendments to 25 Pa. Code § 121.1 would also be proposed to support the amendments to Chapter 129. Upon promulgation, the final-form regulation will be submitted to the EPA for approval as a revision to the State Implementation Plan. (Air Pollution Control Act) Susan Hoyle
(717) 772-2329
shoyle@pa.gov

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