[26 Pa.B. 3170]

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Chapters 16 and 93 - Modifications to Water Quality Standards
Clean Streams Law February 1997, as proposed. These revisions will address several of the principles of the Regulatory Basics Initiative and Executive Order 1996-1 and will incorporate changes needed to implement the Federal Great Lakes Water Quality Initiative (GLI). The AWQTAC and interested stakeholders in the Great Lakes Basin (for those revisions prepared to implement the GLI) will be consulted in the development of this rulemaking. Edward Brezina, 717-787-9637 Chapters 91, 92, 94, 95, 97 and 101 -
Modifications to NPDES Program Rules, Water Quality Management Permitting Rules and General Water Quality Management Provisions Clean Streams Law February 1997, as proposed. These revisions will address all of the principles of the Regulatory Basics Initiative and incorporate changes needed to implement the GLI. The AWQTAC and interested stakeholders in the Great Lakes Basin (for those revisions prepared to implement the GLI) will be consulted in the development of this rulemaking. Edward Brezina, 717-787-9637 Chapter 103, Municipal Financial Assistance
Clean Streams Law, Act 339 December 1996 , as proposed. These revisions will eliminate obsolete provisions relating to the Federal sewerage construction grants program due to the phase-out of the Federal program, update portions of the provisions implementing the Act 339 sewage treatment works subsidy program, and update regulations relating to the use of Land and Water Conservation Act funds for municipal sewage needs. There is currently no advisory committee established to review these funding programs. Tony Maisano, 717-787-6744 Storage Tanks Certification Program
Storage Tank and Spill Prevention Act July 1996, as final. The proposal amends the certification program for installers and inspectors of storage tanks. The changes represent corrections and additions that are necessary to improve the existing regulations based on the Department's experience in administering this program over the past three years. The STAC has assisted in the development of this final rulemaking. Karl Sheaffer, 717-772-5800 Sewage Amendments - Planning, Permitting and Disposal Facilities Act 149 amendments to the Pa. Sewage Facilities Act (Act 537) Adopted as final rulemaking in June 1996 The first of two rulemakings to implement Act 149 amendments, this rulemaking addresses the ten-acre permit exemption and a process to resolve disputes involving mottled soils, as well as other provisions. The Sewage Advisory Committee (SAC) was involved in the development of this rulemaking. Milt Lauch, 717-787-3481 Act 149 Sewage Facilities Amendments
Act 149 amendments to the Sewage Facilities Act (Act 537) December 1996, as final The second of two rulemakings to address Act 149 amendments, this proposal offers local agencies incentives by increasing reimbursement for qualifying municipalities to administer on-lot system permitting programs and delegating the new land development planning program to local agencies. The proposal includes several exemptions and waivers from current requirements and makes numerous changes to local agency permitting procedures. Six public hearings were held throughout Pennsylvania during the 60-day public comment period which closed May 29. The SAC has been involved in the development of this rulemaking. Milt Lauch, 717-787-3481 Stream Redesignations - Kettle Creek, et al.
Clean Streams Law August 1996, as final This proposal will upgrade several streams in Clinton, Centre, Dauphin, Blair and McKean Counties to High Quality or Exceptional Value status. None of the streams were studied as a result of a petition. Tom Barron, 717-787-9637 Stream Redesignations - Tinicum Creek, et al.
Clean Streams Law September 1996, as final Eleven streams were studied in this proposal. Five streams--Tinicum, Unami, Pine, Sideling Hill, and Lofty Creeks--were studied as a result of petitions. With the exception of Lofty Creek, which was recommended to retain its current designation of Cold Water Fishes, all streams would be provided Special Protection status. Tom Barron, 717-787-9637 Chapter 102, Erosion Control
Clean Streams Law March 1997, as proposed. This proposal will include minor revisions such as eliminating obsolete terms, simplifying technical requirements for control facilities, updating and clarifying permit requirements to reflect current Federal NPDES permit requirements for construction activities, revising requirements that may be interpreted as more restrictive than Federal requirements, and establishing a minimum area of disturbance to require the development of an erosion and sedimentation control plan. The AWQTAC and the Agricultural Advisory Board (AAB) will review drafts of the proposed rulemaking. Michael Sherman, 717-783-7577 Chapter 105, Dam Safety and Waterway Management
Clean Streams Law April 1997, as proposed. Revisions will be proposed to increase the number of minor projects eligible for permit waivers; create a permit-by-rule for minor impact projects which would be similar to and in some cases replace general permit categories; revise the definition of ''small project'' to include minor wetland encroachments and expand the small projects concept by establishing discretion to waive permits, specific regulatory requirements, and specific documentation on a case-by-case basis; establish a ''field permit'' to facilitate issuing permit decisions during site visits; simplify the application fee schedule; and simplify the administration and clarity of the Chapter 105 and 106 programs by deleting Chapter 106 and incorporating the public flood plain permitting requirements of Chapter 105, thus consolidating rules and procedures for stream channels, floodways and floodplains into one regulation. The Wetlands Protection Advisory Committee (WetPAC) and the AAB will review drafts of the proposal. Mike Conway, 717-783-7917 Chapter 171, Schools Administrative Code of 1929 November 1996, as proposed. The Department proposes to eliminate these regulations concerning general sanitation at private and public schools because of the transfers of the Eating and Drinking Program to the Department of Agriculture and the Bathing Place Program to the Department of Health. Other basic sanitation requirements such as adequate sewage disposal, safe drinking water and proper solid waste disposal are provided by existing programs in DEP. This does not require advisory committee review. The Department is working with the Departments of Health, Education and Agriculture prior to rescinding these regulations. Joseph Hoffman, 717-787-5017 Land Recycling and Environmental Remediation Standards
The Land Recycling and Environmental Remediation Standards Act July 1996, as proposed. The Land Recycling and Remediation Standards Act (Act 2 of 1995) requires the adoption of statewide health standards, appropriate mathematically valid statistical tests to define compliance with the Act, and other regulations necessary to implement the Act. The regulations will provide clear direction concerning the cleanup standards required to be met to those undertaking the cleanup of a contaminated site. The regulations will establish the test used to demonstrate compliance with these cleanup standards. The regulations will also encourage the voluntary cleanup of contaminated sites that can be reused for industrial purposes rather than siting industrial activity on land which has not previously been used for those purposes. The Cleanup Standards Scientific Advisory Board (CSSAB), created by the Act, has assisted in the development of this proposal. Tom Fidler, 717-783-7509 Universal Waste Rule
Solid Waste Management Act Adopted as proposed rulemaking in April 1996 This proposal adopts the Federal provisions to streamline the hazardous waste regulations to make it easier for consumers and businesses to recycle batteries, certain pesticides and mercury thermostats, while ensuring their safe collection, recycling, handling and treatment; provides a petition process to add wastes that could be regulated in a like manner; and allows universal waste handlers to receive off-site hazardous waste and still qualify for a permit-by-rule status. The proposed rulemaking was adopted by the EQB in April 1996. The proposal is currently under review by the Office of Attorney General. Following approval, it will be published in the Pennsylvania Bulletin with a 60-day public comment period. No public meetings or hearings have been scheduled. The SWAC reviewed the draft proposed rulemaking and will review the draft final rulemaking in November 1996. Leon Kuchinski, 717-787-6239 Marking of Infectious Waste Containers
Infectious and Chemotherapeutic Waste Disposal Act, Solid Waste Management Act Adopted as proposed rulemaking in April 1996 This proposal provides for the substitution of rigid containers in colors other than yellow or red for the shipping of infectious or chemotherapeutic wastes, provided certain marking and labeling requirements are met. Pennsylvania regulations are currently more stringent than the Federal government requirements in this regard. The EQB adopted this proposed rulemaking in April 1996; it was published in the Pennsylvania Bulletin on June 15 with a 30-day public comment period closing July 15. No public meetings or hearings have been scheduled. The SWAC reviewed the draft proposed rulemaking and will review the draft final rulemaking in November 1996. Ron Hassinger, 717-787-7381 Chapters 270-299, Municipal and Residual Waste Amendments -
Reporting Requirements Solid Waste Management Act December 1996, as proposed. This proposal will contain revisions to the reporting requirements of the municipal and residual waste regulations as identified by the Department's Reporting Requirements Study, including elimination of 16 reporting forms by relying on information already contained in the files, other reports, or onsite facility operational reports; providing for the electronic transfer of data; deleting notary certification requirements for waste reports; and eliminating unnecessary information from existing reports. The overall volume of reporting forms is expected to be reduced by 50 percent. The SWAC will review the draft proposal in September 1996. Bill Pounds, 717-787-7564 Chapter 272, Municipal Waste Amendments - Recycling and Planning
Municipal Waste Planning, Recycling and Waste Reduction Act (Act 101) March 1997, as proposed. These revisions implement changes developed as a result of the Act 101 Municipal Waste Stakeholders Group recommendations to DEP. Content of the rulemaking will be dependent upon review by the SWAC and possible reauthorization of Act 101. Changes will affect the recycling and planning provisions of the municipal waste regulations. Keith Kerns, 717-787-7382 Chapters 260-270 - Hazardous Waste Amendments #6
Solid Waste Management Act March 1997, as proposed. These amendments revise areas where state regulations are more stringent than Federal requirements, including alternate concentration levels for hazardous constituents; interim status requirements; financial assurance requirements; addition of the precious metals reclamation exclusion; and changes to the research, development and demonstration permit requirements. The proposal will also streamline permit requirements for mobile treatment/processing facilities which recycle or reclaim wastes on site; and adopt a variance provision for hazardous waste to allow for deviation of construction requirements where it can be demonstrated by the facility that alternate construction will be protective of the environment. The proposal also revises and consolidates the hazardous and residual waste used oil regulations into one chapter. The SWAC will review the draft proposed rulemaking in January 1997. Leon Kuchinski, 717-787-6239 Municipal and Residual Waste/Sewage Sludge
Solid Waste Management Act September 1996, as final. This proposal modifies the biosolids program to be more consistent with the Federal 503 program; authorizes the use of general permits for municipal waste processing and beneficial use, including the land application of biosolids; and modifies requirements for the beneficial use of coal ash. The proposal also amends the residual waste regulations to provide consistency in the implementation of general permits between the two programs. The SWAC has been involved in the development of this final rulemaking. Bill Pounds, 717-787-7564 Hazardous Waste Amendments (PK-5)
Solid Waste Management Act July 1996, as final. These amendments clarify the terms ''coproduct'' and ''product'' as they relate to the reuse of waste; reduce the reporting requirements for generators and operators of treatment, storage or disposal facilities; adopt the Federal biennial report system and eliminate the state quarterly reports; adopt the Federal standards for conditionally exempt small quantity generators; clarify the term ''RCRA empty'' as it relates to containers; increase the allowable in-transit storage time from 5 to 10 days at approved facilities; update the category of exclusions to be consistent with EPA; provide for permits by rule for treatment by generators and storage prior to onsite reclamation; provide a rebuttable presumption for waste oil with >1,000 ppm halogens; adopt Federal standards for drip pads, containment buildings and secondary containment at generator facilities; allow for the use of a generic Module 1 waste analysis report for similar wastes and allow for satellite accumulation at generator facilities. The SWAC has been involved in the development of this final rulemaking. Leon Kuchinski, 717-787-6239 NOx Emission Reduction Requirements
Air Pollution Control Act February 1997, as proposed. This proposal implements a nitrogen oxides (NOx) emissions budget program consistent with the Ozone Transport Commission's (OTC) Memorandum of Understanding (MOU) on Phase II NOx reductions for the 12 Northeast Ozone Transport Region (OTR) states and the District of Columbia. This regulation will require reductions in ozone season NOx emissions from fossil-fired utility and large industrial combustion facilities in Pennsylvania in order to achieve the health-based National Ambient Air Quality Standard (NAAQS) for ozone. DEP has been working with the Air Subcommittee of AWQTAC in the development of this regulation. Dean VanOrden, 717-787-4310 Open Market Trading Program for VOCs and NOx
Air Pollution Control Act July 1997, as proposed. This regulation will allow sources emitting volatile organic compounds (VOCs) and oxides of nitrogen (NOx) to trade emissions reductions among sources in order to achieve emission reduction requirements. The trading program approach will reduce the overall costs of meeting the public health and environmental goals of the NAAQS for ozone. The open market trading program will be developed with input from a stakeholders group, AWQTAC, CAC, and SBCAC in January 1997. Dean VanOrden, 717-787-4310 Clean Fuel Fleets
Air Pollution Control Act August 1996, as proposed (withdrawal). A Clean Fuel Fleet Program was mandated by the Clean Air Act for southeast Pennsylvania; however, EPA has determined that the requirement is no longer applicable because the pending national low-emission vehicle program can be substituted for the clean fuel fleet requirement. Therefore, the Department will withdraw the proposed rulemaking which the EQB approved in August 1994. Arleen Shulman 717-772-3926 Chapter 139, Sampling and Testing
Air Pollution Control Act June 1997, as proposed. This amendment will revise the regulations related to sampling and testing for particulate matter to make those regulations consistent with applicable Federal requirements for sampling and reporting of particulate matter emissions. The AWQTAC will review the proposal in December 1996. Tim Brooks, 717-783-9271 Strategy for Ozone Attainment
Air Pollution Control Act Spring 1997 , as proposed. DEP formed stakeholder groups to assist the Department in selecting air quality control strategies to address ozone nonattainment in the Pittsburgh and Philadelphia areas. When the nature of the ozone nonattainment problem has been identified, the stakeholders will evaluate control strategies to address and resolve the problem. The stakeholders will choose from among the list of available control strategies based on the needs of the local area. Once the control strategies are chosen, the Department will need to incorporate those strategies into the State Implementation Plan (SIP). Depending on the control strategies selected, the Department may need to develop implementing regulations. It is expected that the Pittsburgh area will propose strategies which may result in draft regulations in early 1997. The Department will develop the proposed SIP with input from both the AWQTAC and CAC, and involve the SBCAC if the control strategies have an impact on small businesses. Wick Havens, 717-787-4310 Alternative Emission Reduction Limitations (''Bubbles'')
Air Pollution Control Act July 1997, as proposed. The regulatory provisions in Chapter 128 will delete obsolete provisions that apply to sources that are no longer in operation. The AWQTAC will review the proposal in January 1997. Scott Kepner, 717-787-1663 Dry Cleaning Facilities
Air Pollution Control Act May 1997, as proposed The EPA recently determined that the emissions from certain dry cleaning facilities do not contribute to the formation of ozone. As a result, the Department proposes to delete the regulations restricting emissions of these compounds from dry cleaning facilities. Drafts of the proposal will be submitted to AWQTAC, CAC and SBCAC in January 1997. Scott Kepner, 717-787-1663 Continuous Emission Monitoring (CEM) Data Availability
Air Pollution Control Act June 1997, as proposed. The regulatory requirements for sulfur dioxide (SO2) and the oxides of nitrogen (NOx) will be modified to recognize advances in technology and practical experience in implementing the current requirements. Drafts of the proposal will be submitted to the AWQTAC, CAC and SBCAC in September 1996. Donald Kerstetter, 717-772-3362 Chapter 121 - Definitional Changes
Air Pollution Control Act February 1997, as proposed. These amendments will revise the definitions of ''modification,'' ''responsible official,'' and ''secondary emissions'' for consistency with Federal definitions. Drafts of the proposal will be submitted to AWQTAC, CAC and SBCAC in September 1996. Douglas Lesher, 717-787-4325 Air Pollution Episodes
Air Pollution Control Act February 1997, as proposed. This revision will either delete the requirements for standby plans for air pollution episodes or require the preparation and submission of plans only upon a determination of necessity. Drafts of the proposal will be submitted to AWQTAC, CAC and SBCAC in September 1996. Krishnan Ramanurthy, 717-787-9256 National Standards of Performance for New Stationary Sources (NSPS)
Air Pollution Control Act February 1997, as proposed. This revision will incorporate by reference guidelines established by the EPA for existing sources of air pollution. Drafts of the proposal will be submitted to the AWQTAC, CAC and SBCAC in September 1996. Krishnan Ramamurthy, 717-787-9256 Ambient Air Quality Standards (AAQS)
Air Pollution Control Act March 1997, as proposed. This regulation will delete the state-only ambient air quality standards for settled particulate, sulfates, fluorides, and hydrogen sulfide, making the state program consistent with applicable Federal requirements. Beryllium is the only substance included in Section 131.3 for which a Federal standard exists. The state standard for beryllium will be retained because of its extreme toxicity. In addition, the sampling and analysis procedures for these standards will be deleted. Drafts of the proposal will be submitted to the AWQTAC and CAC in September 1996. Michael Zuvich, 717-787-6548 New Source Review
Air Pollution Control Act December 1996, as proposed. The Department's existing new source review regulations will be reorganized and reformatted to make the requirements clear to the regulated community and to facilitate the creation and use of emission reduction credits. The Department may propose a separate rulemaking package regarding emission reduction credits. In addition, the Department will incorporate proposed changes in the Federal new source review requirements as necessary. Drafts of the proposal will be submitted to the AWQTAC, CAC, and SBCAC in October 1996. Douglas Lesher 717-772-3375 Conformity of General Federal Activities
Air Pollution Control Act August 1996, as final. This proposal adopts EPA's General Conformity rule by reference. Under this Federal rule, departments, agencies, or instrumentalities of the Federal Government are not permitted to engage in, support in any way or provide financial assistance for, license or permit, or approve any activity which does not conform to an applicable State Implementation Plan (SIP). The intent of integrating Federal actions with air quality planning is to protect the integrity of the Commonwealth's SIP by helping to ensure that SIP growth projections are not exceeded, emission reductions progress targets are achieved, and air quality attainment and maintenance efforts are not undermined. The AWQTAC was briefed on the draft final rulemaking. Dean VanOrden, 717-787-4310 Chapter 240, Radon Certification
Radon Certification Act Fall 1997, as proposed. DEP is currently conducting workshops attended by selected individuals from the Pennsylvania certified radon community to discuss possible amendments to the current regulations which appear to be of concern to the regulated community and which do not fully address new technologies that were developed since the effective date of the 1991 radon certification regulations in Chapter 240. Draft regulations are anticipated to be developed by December 31, 1996. William Dornsife, 717-787-2480 Radiological Health (Chapters 216, 218, 221, 223, 227, 228)
Radiation Protection Act March 1997, as proposed. The Department is developing amendments to its radiological health regulations which were last revised in 1983. The amendments will address technological advances, mostly in the medical profession, which have occurred since that time. Issues to be addressed include new diagnosis and treatment methods, new Federal regulations relating to industrial radiography, and particle accelerators which have changed in design and function. The amendments will offer increased protection to both employees and patients for medical diagnosis and treatment applications and address health and safety concerns, including the reduction in unnecessary exposure to patients and employees/operators. The Department will consult with its newly-established Radiation Protection Advisory Committee to solicit input on draft regulations. Stuart Levin, 717-787-3720 Water Supply Protection/Replacement (Mining)
Surface Mining Conservation and Reclamation Act February 1997, as proposed. This proposal would implement certain provisions of the 1992 amendments (Act 173) to the Pennsylvania Surface Mining Conservation and Reclamation Act, and reflect certain Environmental Hearing Board and Commonwealth Court decisions relative to restoration or replacement of water supplies impacted by surface coal mining operations. There are also minor amendments to alternative revegetation standards for remining of areas previously disturbed by mining. The MRAB will be involved in the development of these regulations. Evan Shuster, 717-787-7846 Chapter 86, Subchapter F - Bonding and Insurance Requirements
Surface Mining Conservation and Reclamation Act, Clean Streams Law, Bituminous Mine Subsidence and Land Conservation Act, Coal Refuse Disposal Act October 1996, as proposed. Various sections are being revised to address regulations which lack clarity and those which are more stringent than federal requirements and, consequently, may hamper the Pennsylvania coal industry's ability to compete effectively. Changes will involve self-bonding, procedures for release of bonds and bond forfeiture. Evan Shuster, 717-787-7846 Chapter 86, Subchapter G - Civil Penalties for Coal Mining Activities
Surface Mining Conservation and Reclamation Act, Clean Streams Law, Bituminous Mine Subsidence and Land Conservation Act, Coal Refuse Disposal Act October 1996, as proposed. These amendments will involve the calculation of civil penalties, procedures for assessing and appealing civil penalties, and individual civil penalties. Civil penalty amounts under the existing regulations may be greater than would be calculated in accordance with the Federal regulations, and the procedures for dealing with civil penalties are more stringent than Federal requirements. The amendments will ensure that the regulations are not more stringent than the Federal regulations. Evan Shuster, 717-787-7846 Chapters 209 (Coal Mines), 210 (Use of Explosives) and 211 (Storage, Handling and Use of Explosives)
Surface Mining Conservation and Reclamation Act, Explosives Act October 1996, as proposed. These amendments are necessary to update the antiquated explosives program and will involve licensing requirements, performance standards, and enforcement and civil penalties. Legislation, which is currently pending in the General Assembly, is necessary to authorize these changes. There is no formal advisory board to review this program. DEP may solicit informal advice from several industry organizations. Michael Getto, - 717-787-7846

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