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Regulatory Agenda

[48 Pa.B. 1368]
[Saturday, March 3, 2018]

 Executive Order 1996-1 requires all agencies under the jurisdiction of the Governor to submit for publication semi-annually an agenda of regulations under development or consideration.

 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 information provided is current as of January 12, 2018. The nature and complexity of an individual regulation obviously will determine whether and when any particular regulation listed (as well as any considered subsequent to publication of this Agenda) is published.

Regulation Being Considered
Proposed Date
Need and Legal Basis for
Agency Contact
of Promulgation Action
Office of Administration (OA)
No regulations being developed or considered at this time.
Department of Aging
Older Adult Daily Living Centers
6 Pa. Code Chapter 11
Winter 2018, 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 Oct. 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.
Barb Valaw
(717) 787-4522
Pennsylvania Community Adult Respite Services Program
Act 166 of 2014
Winter 2018, as Proposed Act 166 of 2014 (P.L. 2615, Oct. 22, 2014, No. 166) created a new program called the Pennsylvania Community Adult Respite Services Program (CARP), authorizing the Department of Aging to license and inspect community adult respite services programs that serve participants with minor functional impairments.
The purpose of the proposed rulemaking is to provide guidance to persons wishing to provide community adult respite services to eligible persons for part of a 24 hour day, filling a niche between senior centers and older adult daily living centers, as required by Act 166 of 2014.
Barb Valaw
(717) 787-4522
Department of Agriculture
Agriculture Conservation Easement Purchase Program Regulations
7 Pa. Code Chapter 138e
(# 2-192)
March 2018, 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
March 2018, as Proposed This regulation will establish standards required under the Pennsylvania Preferred Act (3 Pa.C.S. §§ 4601—4611). Laura England
(717) 783-8462
Pennsylvania Vegetable Marketing Program
7 Pa. Code Chapter 104
(# 2-185)
May 2018, as Final 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
(# 2-188)
April 2018, as Proposed The regulation will update current regulations to reflect statutory changes and otherwise update the current regulations. Nanette Hanshaw, DVM
(717) 783-6677
Commercial Kennel Canine Health Regulations
7 Pa. Code Chapter 28a
(# 2-190)
February 2018, as Final The regulation will rescind a provision that Commonwealth Court has determined is not authorized by the underlying statute and is contradictory to the legislative intent. Kristen Donmoyer
(717) 705-8896
Weights, Measures and Standards
7 Pa. Code Chapter 9
(# 2-187)
April 2018, as Final The regulation will rescind outdated paperwork requirements relating to the issuance of weighmaster certificates. Walt Remmert
(717) 787-6772
Milk Sanitation
7 Pa. Code Chapter 59a
(# 2-191)
April 2018, as Proposed The regulation will allow PA raw milk cheese producers to produce any raw (unpasteurized) milk cheese where: (1) there is a Federal standard of identity for that cheese; and (2) the standard of identity allows for the production of the standardized cheese from raw milk. Lydia Johnson
(717) 787-4315
Department of Banking and Securities (DOBS)
Modernization of Banking Regulations under the
Banking Code of 1965
Fall 2018, as Proposed The Banking Code of 1965 underwent substantial modernization in 2014 and there is a need for the regulations to reflect recent legislative changes. (Act of November 30, 1965, P.L. 847, No. 356, as amended.) Leo Pandeladis
(717) 787-1471
Modernization of Nonbanking Regulations Fall 2018, as Proposed A multitude of statutes related to licensure and examination of non-depository entities have been modernized in recent years. Leo Pandeladis
(717) 787-1471
Merger-related amendatory regulations under the Pennsylvania Securities Act
of 1972
10 Pa. Code §§ 1.1, 102.021—
1001.010
(# 3-54)
Final Rulemaking approved by IRRC—
10/12/17; Regulations published as Final—
01/13/18
(48 Pa.B. 389)
The rulemaking amends various sections of the Securities Regulation to: replace obsolete terminology; correct formatting and word choice issues; delete multiple statements of policy; reduce compliance requirements; permit electronic format submissions as well as electronic filing; and align the language of the regulation with NASAA model rules and SEC rules and regulations. (Required pursuant to 70 P.S. § 1-609.) Leo Pandeladis
(717) 787-1471
Department of Community and Economic Development (DCED)
Local Earned Income Tax—
Act 32 of 2008 Regulations
12 Pa. Code Chapter 151
(# 4-97)
Spring 2018, as Final The final 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 final regulation establishes procedures to supplement the implementation of the act which will facilitate consolidated collection of local income taxes in this Commonwealth. Lori Irwin
(717) 720-7311
Department of Conservation and Natural Resources (DCNR)
Conservation of Pennsylvania Native Wild Plants
17 Pa. Code Chapter 45
(# 7B-8)
Summer 2018, as Final 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 Shultzabarger
(717) 214-3818
Stephen Ekema-
Agbaw, Esq.
(717) 772-4171
Snowmobile and All-Terrain Vehicle Grants
17 Pa. Code Chapter 53
(# 7B-9)
Summer 2018, as Final The purpose of this rulemaking is to comply with the Act of July 20, 2016, P.L. 837, No. 97, codified in 75 Pa.C.S. § 7706(b.1) of the Vehicle Code, which mandates this rulemaking. The Act instructs the Department to promulgate regulations implementing a grant program using funds from the snowmobile and ATV management restricted accounts, created by the Act. Alex MacDonald
(717) 772-4586
Stephen Ekema-
Agbaw, Esq.
(717) 772-4171
Department of Corrections (DOC)
Purchase for Inmates by Family and Friends
37 Pa. Code § 93.4
Fall 2018, as Proposed Purchase for inmates by family and friends regulations are being revised for clarification and more accurately comport with current standards. Tracey Tubbs
(717) 728-7763
Motivational Boot Camps
37 Pa. Code §§ 93.301—93.308
Fall 2018, as Proposed The Motivational Boot Camp regulations are being revised to conform the statutory references and to reduce costs by eliminating unnecessary mandates. Tracey Tubbs
(717) 728-7763
Department of Drug and Alcohol Programs (DDAP)
Standards for Licensure of Treatment Facilities
28 Pa. Code Chapter 709
(# 74-3)
Spring 2018, 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. Derrick Pelletier
(717) 547-3323
Recovery Home Regulations
28 Pa. Code Chapter ______ (new)
Summer/Fall 2018, as Proposed Senate Bill 446 (2017-2018) directs DDAP to establish regulations for recovery houses that receive public funds or referrals. Recovery homes provide support to those suffering from addiction subsequent to leaving inpatient treatment or correctional facilities. Derrick Pelletier
(717) 547-3323
Department of Education (PDE)
Regulations of the State Board of Private Academic Schools
22 Pa. Code Chapters 51, 53, 55, 57, 59, 61 and 63
Summer 2018, as Proposed These regulations define the requirements for obtaining licensure as a Private Academic School. The Board is currently in the process of updating the regulations, which were promulgated in 1988. The regulations are promulgated under the authority of the Private Academic Schools Act (24 P.S. §§ 6701 et. seq.). Matthew Stem
(717) 787-2127
Standards for Approved
Private Schools
22 Pa. Code Chapter 171, Subchapters A and C
Winter 2018, as Proposed These standards define the elements of Approved Private Schools and the Chartered Schools (schools for the deaf and blind). This subchapter contains general provisions, which the Department seeks to update to conform to intervening changes in applicable law. The standards are promulgated under the authority of sections 1376 and 1376.1 of the Public School Code of 1949, 24 P.S. §§ 13-1376 and 1376.1. Alaina Koltash
(717) 787-5500
Professional Standards and Practices Commission
22 Pa. Code Chapter 235
Spring 2018, 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 expound the obligations educators owe to students, colleagues and the profession, with an emphasis on appropriate student-teacher boundaries, electronic communications with students and role model responsibilities. The regulation is promulgated under the authority of sections 5(a)(10) and 5(a)(14) of the Educator Discipline Act (24 P.S. § 2070.5(a)(10) and § 2070.5(a)(14)). Shane Crosby
(717) 787-6576
Professional Standards and Practices Commission
22 Pa. Code Chapter 237, Subchapter A
Spring 2018, 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 Winter 2018, as Proposed These regulations will address the possession and use of medical marijuana by students and employees on the grounds of a preschool, primary school and a secondary school. These regulations are promulgated under authority of the Medical Marijuana Act (2016 Pa. Laws 16). Wallace Rejrat
(717) 787-5500
Department of Education Winter 2018, as Proposed This regulation will establish the permanent fees for institutions of higher education to participate in the state authorization reciprocity agreement. These regulations are promulgated under authority granted by the Act 35 of 2016 (24 P.S. § 1-124(b)). Patricia Landis
(717) 783-8228
Regulations of the State Board of Private Licensed Schools
22 Pa. Code Chapter 73
Winter 2018, as Proposed These regulations define the requirements for obtaining and maintaining licensure as a Private Licensed School. The Board is currently in the process of updating the regulations and establishing outcomes benchmarks. The regulations are promulgated under the authority of the Private Licensed Schools Act (24 P.S. §§ 6501 et. seq.). Patricia Landis
(717) 783-8228
Environmental Hearing Board (EHB)
Practice and Procedure
25 Pa. Code Chapter 1021
(# 106-12)
Final Rulemaking approved by IRRC—
6/15/17;
Regulations published as Final—10/7/17
(47 Pa.B. 6205)
This rulemaking amended the rules of practice and procedure before the Board by implementing improvements in practice and procedure. The Board expects no further regulatory action in the next six months. Maryanne Wesdock,
Senior Assistant Counsel
(412) 565-5245
Department of Environmental Protection (DEP)
Underground Coal Mine Safety
Proximity Detection Systems
25 Pa. Code Chapter 208
(# 7-526)
Quarter 1, 2018, Board of Coal Mine Safety (BCMS) Consideration, as Final This rulemaking adds regulatory provisions relating to proximity detection systems. Currently in Pennsylvania, safety requirements involving the use of proximity detection systems on continuous mining machines at underground bituminous coal mines are implemented pursuant to recently published Federal Mine Safety and Health Administration regulations. This rulemaking makes those Federal regulations independently enforceable by the Commonwealth. These requirements ensure that continuous mining machines at underground bituminous coal mines are safely operated and maintained in order to reduce the risk of accidents and injuries. (Bituminous Coal Mine Safety Act) Colvin ''Craig'' Carson
(724) 404-3154
cocarson@pa.gov
Handling and Use of Explosives
25 Pa. Code Chapters 210
and 211
(# 7-522)
Quarter 1, 2018, Environmental Quality Board (EQB) Consideration, as Final This rulemaking revises current explosives regulations to address blasting activities relating to seismic exploration. The rulemaking also updates explosives use requirements, enforcement authority and eliminates outdated requirements. (Explosives Acts of 1937 and 1957; Surface Mining Conservation and Reclamation Act; and Noncoal Surface Mining Conservation and Reclamation Act) Rick Lamkie
(814) 472-1885
rlamkie@pa.gov
Federal Office of Surface Mining (OSM) Program Consistency Updates
25 Pa. Code Chapters 86, 89
and 90
(# 7-532)
Quarter 1, 2018, EQB Consideration, as Proposed This rulemaking proposes to amend Chapter 86 in order to comply with Federal regulatory requirements; to revise (Chapter 89) effluent limits for passive treatment systems to comply with Federal regulations, and to update (Chapter 90) coal refuse site selection regulations to comply with the revised Coal Refuse Disposal Control Act. (Surface Mining Conservation and Reclamation Act) Bill Allen
(717) 783-9580
wallen@pa.gov
Noncoal Mining Program Fee Amendments
25 Pa. Code Chapter 77
(# 7-523)
Quarter 1, 2018, Publication, as Proposed This rulemaking proposes to increase fees in order to provide the funding for the Noncoal Mining Program, which implements the Noncoal Surface Mining and Conservation and Reclamation Act (NSMCRA). The rulemaking proposes to provide more revenue in order to implement the NSMCRA, which requires operators to apply for and maintain active permits and licenses to mine noncoal minerals in Pennsylvania. In administering the noncoal mining program, DEP reviews and issues permits and conducts inspections to assure compliance with the permits and performance standards. (Noncoal Surface Mining Conservation and Reclamation Act, Clean Streams Law) Bill Allen
(717) 783-9580
wallen@pa.gov
Water Supply Replacement
25 Pa. Code Chapters 87 and 88
Quarter 3, 2018, EQB Consideration, as Proposed This rulemaking includes revisions to Chapters 87 and 88, which will clarify what is necessary to meet the coal mine operator's obligation to permanently pay the operation and maintenance costs for replacement water supplies. (Surface Mining Conservation and Reclamation Act) Bill Allen
(717) 783-9580
wallen@pa.gov
Oil and Gas Program Fee
25 Pa. Code Chapter 78a
Quarter 2, 2018, EQB Consideration, as Proposed This rulemaking amends the fees paid by operators of unconventional wells. DEP must review the adequacy of established fees every three years. The current fee review indicates the need for a fee increase to provide for the administration of the oil and gas program. (2012 Oil and Gas Act, Clean Streams Law) Kurt Klapkowski
(717) 772-2199
kklapkowsk@pa.gov
Environmental Protection Performance Standards for Conventional Oil and Gas Operators
25 Pa. Code Chapter 78
(# 7-539)
Quarter 3, 2018, EQB Consideration, as Proposed This rulemaking proposes to amend the Oil and Gas regulations applicable to conventional operators (Chapter 78) to update the environmental protection performance standards related to oil and gas activities. (2012 Oil and Gas Act, Clean Streams Law, Solid Waste Management Act, Dam Safety Encroachment Act, Land Recycling and Environmental Remediation Standards Act, Radiation Protection Act, Unconventional Well Report Act, Act 126 of 2014) Kurt Klapkowski
(717) 772-2199
kklapkowsk@pa.gov
Disinfection Requirements Rule
25 Pa. Code Chapter 109
(# 7-520)
Quarter 1, 2018, IRRC Consideration This rulemaking amends Chapter 109 to revise the minimum disinfectant residual level maintained in public water distribution systems and the related monitoring and reporting requirements. This rulemaking also clarifies other existing provisions to obtain primacy for the Federal Long Term 2 Enhanced Surface Water Treatment Rule, Short-term Revisions to the Lead and Copper Rule, and the Stage 2 Disinfection Byproducts Rule. (Pennsylvania Safe Drinking Water Act) Dawn Hissner
(717) 772-4018
dhissner@pa.gov
Safe Drinking Water General Update and Fee Amendments
25 Pa. Code Chapter 109
(# 7-521)
Quarter 2, 2018, EQB Consideration, as Final This rulemaking proposes to strengthen turbidity standards for surface water filtration plants, update and clarify permitting requirements for new sources, and clarify source water protection requirements and other sections of Chapter 109. This rulemaking also proposes to establish new annual fees and increase permit fees to supplement state costs for administering the Safe Drinking Water Program. (Pennsylvania Safe Drinking Water Act) Ed Chescattie
(717) 772-2184
echescatti@pa.gov
Triennial Review of Water Quality Standards and Updates to Toxics Management Strategy—Statement of Policy
25 Pa. Code Chapters 93 and 16
(# 7-534)
Quarter 3, 2018, EQB Consideration, as Final This rulemaking revises the Commonwealth's water quality criteria and standards in Chapter 93 and updates the Chapter 16 Statement of Policy to reflect the latest scientific information and Federal guidelines for criteria development, as required by the triennial review requirements in the Federal Clean Water Act. (40 CFR 131.20) Tom Barron
(717) 787-9637
tbarron@pa.gov
Water Quality Management Fee Amendments and NPDES Program Fee Amendments
25 Pa. Code Chapters 91
and 92a
(# 7-533)
Quarter 1, 2018, EQB Consideration, as Proposed This rulemaking proposes to amend fees related to water quality management permitting (Chapter 91) and proposes to amend the fee schedule for NPDES permit applications (Chapter 92a). Chapter 91 establishes, among other things, a water quality management (WQM) permitting program for the construction of sewage and industrial waste treatment facilities and for land application of sewage and industrial wastes. DEP began its Chapter 92a annual invoicing and fee collection program in December 2010. Chapter 92a updated the fee schedule for NPDES permit applications for persons to discharge pollutants from point sources into surface waters. In addition, Chapter 92a introduced an annual fee for certain facilities authorized to discharge pollutants by individual NPDES permits. A fee analysis that DEP presented to the EQB in 2014 highlighted that, despite the fee increase in 2010, revenue continues to fall short of expenses, impeding the work of Programs to carry out necessary tasks for protecting water resources in the Commonwealth. (Pennsylvania Clean Streams Law) Sean Furjanic
(717) 787-2137
sefurjanic@pa.gov
Administration of Sewage Facilities Planning and Permitting Programs and Standards for Onlot Sewage Treatment Facilities
25 Pa. Code Chapters 71, 72
and 73
(# 7-531)
Quarter 4, 2018, 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) Jay Patel
(717) 783-2283
jaypatel@pa.gov
Administration of the Storage Tank and Spill Prevention Program
25 Pa. Code Chapter 245
(# 7-530)
Quarter 1, 2018, Publication, as Proposed This rulemaking proposes to amend Chapter 245 to strengthen the underground storage tank (UST) requirements by increasing the emphasis on properly operating and maintaining equipment. Currently, UST owners and operators are required to have spill prevention, overfill prevention, and release detection equipment in place, but are not required to periodically verify the functionality of some of that equipment. The proposed changes are expected to result in improvements in the routine operation, maintenance and monitoring of underground storage tanks. This will help to further reduce the number of releases from underground storage tanks and, in turn, protect public health and the environment. (Storage Tank and Spill Prevention Act) Kris Shiffer
(717) 772-5806
kshiffer@pa.gov
Administration of the Land Recycling Program
25 Pa. Code Chapter 250
(# 7-538)
Quarter 1, 2018, IRRC Consideration This rulemaking corrects three errors in medium-specific concentration (MSC) values discovered since the latest Chapter 250 (Administration of the Land Recycling Program) rulemaking became effective. (Land Recycling and Environmental Remediation Standards Act) Troy Conrad
(717) 783-9480
tconrad@pa.gov
Radiological Health
25 Pa. Code Chapters 215—240
(# 7-499)
Quarter 2, 2018, EQB Consideration, as Final This rulemaking proposes to amend Chapters 215—240 to update Computed Tomography and Fluoroscopic regulations; to address new X-ray technology that is not addressed in current regulations; and to include comprehensive updates to the radon regulations to incorporate procedures and protocols that are not addressed in the current regulations. Additional items of clarification are 45-day reporting and application requirements, specifying the number of mitigation firm employees, and numerous changes and additions to the definitions section. (Radiation Protection Act and Radon Certification Act) Joseph Melnic
(717) 783-9730
jmelnic@pa.gov
Gasoline Volatility Requirements
25 Pa. Code Chapters 121
and 126
(# 7-529)
Quarter 1, 2018, IRRC Consideration This 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 Reid Vapor Pressure gasoline upon approval by the EPA of the Commonwealth's State Implementation Plan (SIP) demonstration of continued compliance with the National Ambient Air Quality Standards (NAAQS) through the use of commensurate emission reductions from other air pollution control measures. The rulemaking adds § 126.301(d), which includes language to render §§ 126.301—126.303 no longer effective upon the approval by the EPA of the removal, suspension, or replacement of these requirements as part of the SIP. DEP is developing a Non-Interference Demonstration (NID) SIP Revision to submit to EPA to demonstrate continued compliance with the NAAQS. This NID SIP revision will include a request for the EPA to remove §§ 126.301—126.303 from the Commonwealth's Federally-approved SIP. (Air Pollution Control Act) Susan Hoyle
(717) 772-2329
shoyle@pa.gov
Control of VOC Emissions from Industrial Cleaning Solvents; General Provisions; Aerospace Manufacturing and Rework; and Additional RACT Requirements for Major Sources of NOx and VOCs
25 Pa. Code Chapter 129
(# 7-492)
Quarter 2, 2018, EQB Consideration, as Final This rulemaking amends Chapter 129 to adopt requirements to reduce the emissions of volatile organic compounds from industrial cleaning solvents not regulated elsewhere in Chapter 129 or Chapter 130 to meet the Clean Air Act requirements to implement ''reasonably available control measures,'' including implementation of ''reasonably available control technology'' (RACT) requirements, for ozone nonattainment areas. The emission limitations and work practice standards will be consistent with the recommendations of the EPA included in the Control Techniques Guidelines 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
(# 7-536)
Quarter 3, 2018, EQB Consideration, as Proposed This rulemaking proposes to revise existing requirements and fee schedules codified in Chapter 127, Subchapter I to ensure that fees collected are sufficient to cover the costs of administering the air program as required under Section 6.3(a) of the Air Pollution Control Act (35 P.S. § 4006.3(a)). Upon promulgation, the final-form regulation will be submitted to the EPA for approval as a revision to the State Implementation Plan or the Title V Program Approval, as appropriate. (Air Pollution Control Act) Susan Hoyle
(717) 772-2329
shoyle@pa.gov
Control of Emissions from the Oil and Natural Gas Industry
25 Pa. Code Chapter 129
Quarter 3, 2018, EQB Consideration, as Proposed This rulemaking proposes to establish emission limitations and other requirements codified in 25 Pa. Code Chapter 129 consistent with reasonably available control technology (RACT) recommendations of the Control Technique Guidelines for the Oil and Natural Gas Industry finalized by the EPA on October 27, 2016. The proposed rulemaking would establish RACT requirements for volatile organic compounds and other pollutants from existing oil and natural gas production facilities, compressor stations, processing plants, and transmission stations. Upon promulgation, the final-form regulation will be submitted to the EPA for approval as a SIP revision. (Air Pollution Control Act) Susan Hoyle
(717) 772-2329
shoyle@pa.gov
Water Quality Standard for Manganese
25 Pa. Code Chapters 93 and 96
Quarter 1, 2018, DEP Advance Notice of Proposed Rulemaking, Publication This rulemaking will propose to address a provision included in Act 40 of 2017. (Administrative Code of 1929, Pennsylvania Clean Streams Law, Federal Clean Water Act) Tom Barron
(717) 787-9637
tbarron@pa.gov
Water Quality Standards—
Class A Stream Redesignations
25 Pa. Code Chapter 93
Quarter 2, 2018, EQB Consideration, as Proposed The proposed regulatory changes included in this rulemaking are the result of stream evaluations conducted by DEP in response to a submittal of data from the Pennsylvania Fish and Boat Commission (PFBC). In this rulemaking, redesignations rely on § 93.4b(a)(2)(ii) to qualify streams for High Quality (HQ) designations based upon their classifications as Class A wild trout streams. DEP staff conducted an independent review of the trout biomass data in the PFBC's fisheries management reports for streams throughout the Commonwealth to ensure that the HQ criteria were met. Based on these data and appropriate regulatory criteria, DEP developed this package of stream redesignations including HQ stream redesignations in the Delaware, Susquehanna and Ohio River basins. (Section 303(c)(1) of the Federal Clean Water Act) Steve Taglang
(717) 787-5017
staglang@pa.gov
Administration of the Land Recycling Program
25 Pa. Code Chapter 250
Quarter 4, 2018, EQB Consideration, as Proposed The rulemaking amends 25 Pa. Code Chapter 250 to update the 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. Additional changes to the regulations may be needed to clarify regulatory language, update outdated information, and to make other corrections. DEP is required by § 250.11 to propose appropriate MSC changes based on current scientific information no more than 36 months after the effective date of the most recently promulgated MSCs. (Land Recycling and Environmental Remediation Standards Act) Troy Conrad
(717) 783-9480
tconrad@pa.gov
Revision of Sulfur Limits in
No. 2 and Lighter Commercial Fuel Oil
25 Pa. Code § 123.22
Quarter 3, 2018, EQB Consideration, as Proposed This rulemaking proposes to amend 25 Pa. Code § 123.22 to reduce the maximum allowable sulfur content in No. 2 and lighter commercial fuel oil, sold for and used in combustion units, from the current limit of 500 parts per million (ppm) of sulfur to 15 ppm. The rulemaking would require No. 2 fuel oil offered for sale, delivered for use, exchanged in trade or used in Pennsylvania to meet the new sulfur limit. Emissions of sulfur dioxide contribute to the formation of regional haze, which degrades visibility in urban and rural areas and contributes to fine particulate matter. (Air Pollution Control Act) Susan Hoyle
(717) 772-2329
shoyle@pa.gov
Underground Coal Mine Safety
Sensitive Ground Fault
25 Pa. Code Chapter 208
(# 7-527)
Final Rulemaking approved by IRRC—
11/16/17;
Regulations published as Final—1/13/18
(48 Pa.B. 251)
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
Water Quality Standards—
Class A Stream Redesignations
25 Pa. Code Chapter 93
(# 7-528)
Final Rulemaking approved by IRRC—
8/24/17;
Regulations published as Final—11/18/17
(47 Pa.B. 7029)
The regulatory changes included in this rulemaking are the result of stream evaluations conducted by DEP in response to a submittal of data from the Pennsylvania Fish and Boat Commission (PFBC). In this rulemaking, redesignations rely on § 93.4b(a)(2)(ii) to qualify streams for High Quality (HQ) designations based upon their classifications as Class A wild trout streams. DEP staff conducted an independent review of the trout biomass data in the PFBC's fisheries management reports for streams throughout the Commonwealth to ensure that the HQ criteria were met. Based on these data and appropriate regulatory criteria, DEP developed this package of stream redesignations including HQ stream redesignations in the Delaware, Susquehanna and Ohio River basins. (Section 303(c)(1) of the Federal Clean Water Act) Steve Taglang
(717) 787-5017
staglang@pa.gov
Water Quality Standards—
Sobers Run et al., Stream Redesignations
25 Pa. Code Chapter 93
(# 7-535)
Final Rulemaking approved by IRRC—
11/16/17;
Regulations published as Final—02/10/18
(48 Pa.B. 866)
This rulemaking contains waterbodies that are candidates for redesignation. Stream evaluations were conducted by DEP to determine the appropriate designated use of the candidate waterbodies. The streams included in this rulemaking were evaluated in response to four petitions. Section 303(c)(1) of the federal Clean Water Act requires states to periodically review and revise, as necessary, water quality standards. (Pennsylvania Clean Streams Law) Steve Taglang
(717) 787-5017
staglang@pa.gov
Environmental Laboratory Accreditation
25 Pa. Code Chapter 252
(# 7-495)
Final Rulemaking approved by IRRC—
6/15/17;
Regulations published as Final—7/29/17
(47 Pa.B. 4085)
This rulemaking establishes appropriate standards for laboratories performing DEP compliance testing of environmental samples. The rulemaking outlines the minimum requirements to which laboratories must adhere when producing environmental data. The regulation also includes changes to the qualifications for laboratory supervisors, clarifications to recordkeeping requirements, and changes to the application fees and out-of-state travel expense reimbursement rate. The Environmental Laboratory Accreditation Act requires that the accreditation fees cover the cost of the operation of the laboratory accreditation program. (Environmental Laboratory Accreditation Act) Aaren Alger
(717) 346-8212
aaalger@pa.gov
Radiation Protection Program Fees
25 Pa. Code Chapters 218 and 240
(# 7-498)
Final Rulemaking approved by IRRC—
8/24/17;
Regulations published as Final—10/21/17
(47 Pa.B. 6482)
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
Department of General Services (DGS)
Committee on Construction Contract Documents
4 Pa. Code Chapter 62
(# 8-21)
2018, as Final-Omitted The Procurement Code repealed the legislation creating this committee, which no longer exists. Mary Fox
(717) 787-6789
Ed Olivieri
(717) 783-3280
Selections Committee
4 Pa. Code Chapter 64
(# 8-22)
2018, as Final-Omitted These regulations should be rescinded since they have been superseded by the Commonwealth Procurement Code. Mary Fox
(717) 787-6789
Ed Olivieri
(717) 783-3280
Emergency Construction Repairs
4 Pa. Code Chapter 67
(# 8-23)
2018, as Final-Omitted These regulations should be rescinded since they have been superseded by the Commonwealth Procurement Code. Mary Fox
(717) 787-6789
Ed Olivieri
(717) 783-3280
Contract Compliance—
Prequalification of Vendors and Nonconstruction Contractors
4 Pa. Code Chapter 68,
Subchapter A
(# 8-24)
2018, as Proposed These regulations should be rescinded since the subject matter of these rules is now covered by the directives management system. Mary Fox
(717) 787-6789
Ed Olivieri
(717) 783-3280
Methods of Awarding Contracts
4 Pa. Code Chapter 69
(# 8-25)
2018, as Final-Omitted These regulations should be rescinded since they have been superseded by the Commonwealth Procurement Code. Ken Hess
(717) 787-4352
Mary Fox
(717) 787-6789
Pamela Cross
(717) 214-7739
Surplus State Property
4 Pa. Code Chapters 41, 43, 45 and 47
(# 8-26)
2018, as Proposed These regulations should be rescinded since they are outdated and have been superseded by new Commonwealth procedures as well as the Commonwealth Procurement Code. Ken Hess
(717) 787-4352
Mary Fox
(717) 787-6789
Pamela Cross
(717) 214-7739
State Metrology Laboratory Fee Schedule
70 Pa. Code Chapter 110
(# 8-27)
Withdrawn by DGS for additional edits on July 7, 2017;
DGS will re-submit as proposed in early 2018
These regulations will increase the fees charged by the State Metrology Laboratory, provide for an automatic yearly increase, and update the description fields to accurately reflect the Metrology Lab's measurement parameters and ranges. Ken Hess
(717) 787-4352
Mary Fox
(717) 787-6789
Commonwealth Buildings
4 Pa. Code Chapters 85, 86
and 87
(# 8-28)
2018, as Proposed These regulations (Chapters 85 and 87) and statement of policy (Chapter 86) will be amended to update the procedures for the public to request use of the public areas of the Capitol Complex and the Forum auditorium. Matthew Bembenick
(717) 787-5996
Shawn E. Smith
(717) 787-5599
Mary Fox
(717) 787-6789

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