[27 Pa.B. 3294]

[Continued from previous Web Page]

Regulation Being Considered	Proposed Date	Need and Legal Basis for Action	Agency
	for Promulgation		Contact
Clean Vehicles Program (NLEV) Air Pollution Control Act	August 1997, as proposed to the EQB.	This regulation will establish the mechanism for PA to opt into the National Low Emission Vehicle (NLEV) program. It allows NLEV to be a fully acceptable compliance alternative to emission limitations established for certain new vehicles sold after a specified model year. The applicable model year will be determined based on the time of adoption of the final rule, but cannot be earlier than the second model year following final adoption. The emission limitations for nonmethane organic compounds (NMOG) and oxides of nitrogen (NOx) must be identical to those in effect for those applicable to cars sold in California. Each manufacturer must also meet a fleet emissions average for NMOG which gets increasingly more stringent over the years until 2003. This allows the manufacturer to vary the mix of vehicles according to market demand. The program will not require ''California fuels'' nor a zero emissions vehicle (ZEV) mandate. The Air Technical Advisory Committee (ATAC) reviewed this proposal in June.	Terry Black, 717-787-4310
Control of VOCs from Gasoline Dispensing Facilities (Stage II) Air Pollution Control Act	September 1997, as final to the EQB.	DEP formed stakeholder groups to assist the Department in selecting air quality control strategies to address ozone nonattainment in the Pittsburgh and Philadelphia areas. The stakeholders evaluated control strategies to address and resolve the problem. The Pittsburgh area proposed strategies resulted in proposed regulations regarding Stage II. This proposal will result in a revision to the SIP. The AWQTAC was briefed in the development of the proposed rulemaking. The ATAC will review the draft final rulemaking.	Terry Black, 717-787-4310
Gasoline Volatility Requirements Air Pollution Control Act	September 1997, as final to the EQB.	DEP formed stakeholder groups to assist the Department in selecting air quality control strategies to address ozone nonattainment in the Pittsburgh and Philadelphia areas. The stakeholders evaluated control strategies to address and resolve the problem. The Pittsburgh area proposed strategies resulted in proposed regulations regarding Clean Fuel. This proposal will result in a revision to the SIP. The AWQTAC was briefed in the development of the proposed rulemaking. The ATAC will review the draft final rulemaking.	Terry Black, 717-787-4310
Air Quality Amendments-- RBI #1 Air Pollution Control Act	September 1997, as final to the EQB.	This proposal is the first in a series of regulatory proposals implementing changes to the Department's air resource regulations resulting from the Regulatory Basics Initiative (RBI) and Executive Order 1996-1. The proposal combines regulatory initiatives related to continuous emission monitoring system (CEMS) data availability, back-half particulate catch, new source performance standards (NSPS), permit redefinitions, coke ovens, and air pollution episode strategies (APES), or standby plans. In general, these proposed changes make DEP's regulations consistent with federal requirements, delete obsolete and unnecessary provisions and apply DEP's monitoring requirements consistently for all affected sources. DEP consulted with the Air Subcommittee and the full AWQTAC in the development of the proposed rulemaking. The ATAC will review the draft final rulemaking.	Terry Black, 717-787-4310
Air Quality Amendments-- RBI #2 Air Pollution Control Act	February 1998, as final to the EQB.	These amendments are the second in a series of regulatory proposals implementing changes to DEP's air resource regulations resulting from the RBI. The proposal deletes portions of Chapter 128 which established alternative emission reduction limitations for certain air contamination sources; allows 45 days in Section 129.56 for repairs of defective seals on floating roof storage tanks of 40,000 gallons or more; revises Section 129.67(b)(2) to insert the term ''less water'' which was inadvertently deleted in a previous rulemaking; deletes the perchloroethylene (perc) requirements for dry cleaning facilities in Section 129.70 since EPA no longer considers perc a volatile organic compound (VOC); and deletes the Pennsylvania ambient air quality standards for sulfates, hydrogen fluoride and hydrogen sulfide in Chapters 131 and 139 because they are not required under the Clean Air Act. The ATAC will review the draft final amendments.	Terry Black, 717-787-4310
Malodors--RBI #3 Air Pollution Control Act	Adopted June 1997, as proposed by the EQB.	The malodor regulations will be modified to clarify the definition of ''malodor,'' add a definition for ''odor investigation'' and add a technology limitation to resolve malodor problems. Drafts of the proposal have been reviewed by AWQTAC.	Terry Black, 717-787-4310
Pollution Prevention and Alternative Technologies--Air Quality Air Pollution Control Act	August 1997, as proposed to the EQB.	This amendment would establish regulatory language to encourage the use of pollution prevention technologies in addressing air quality compliance and permitting issues. The ATAC will review the draft proposed rulemaking.	Terry Black, 717-787-4310
New Source Review Air Pollution Control Act	December 1997, as proposed to the EQB.	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 will 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 ATAC for review.	Terry Black, 717-787-4310
Surface Coating Processes Air Pollution Control Act	December 1997, as proposed to the EQB.	This regulation will simplify the calculation procedure for determining compliance with Chapter 129 and consider small source exemptions to the extent possible without degrading air quality. The ATAC will review the draft regulations.	Terry Black, 717-787-4310
Automobile Refinishing Air Pollution Control Act	December 1997, as proposed to the EQB.	The Southwest and Southeast Ozone Stakeholder Working Groups recommended that DEP adopt programs to reduce VOC emissions from automobile refinishing. The proposed regulations will establish maximum VOC content levels for automobile refinish materials used in the Commonwealth. The proposed regulation will also establish permitting requirements, pollution prevention and work practice standards. The ATAC will review the draft proposed regulations.	Terry Black, 717-787-4310
Degreasing Operations Air Pollution Control Act	February 1998, as proposed to the EQB.	The Southwest and Southeast Ozone Stakeholder Working Groups recommended that DEP adopt programs to reduce VOC emissions from degreasing operations. The proposed regulations will establish requirements for solvent cleaning operations not presently regulated by the provisions of Section 129.63. The ATAC will review the draft proposed rulemaking.	Terry Black, 717-787-4310
Chapter 240, Radon Certification Radon Certification Act	December 1997, as proposed to the EQB.	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 July 31, 1997.	William Dornsife, 717-787-2480
Low-Level Radioactive Waste --Waste Minimization Low-Level Radioactive Waste Disposal Act	March 2000, as proposed to the EQB.	DEP has prepared a draft waste minimization issues paper which identifies ideas and options pertaining to waste minimization plan requirements for low-level radioactive waste generators. This document will be presented to the Waste Minimization Subcommittee of the Low-Level Waste Advisory Committee (LLWAC) in August 1997. Based on the current schedule, the LLWAC will review and comment on the draft criteria for waste minimization plan requirements during the first quarter of 1998.	Rich Janati, 717-783-9490
Radiological Health (Chapters 216, 218, 221, 223, 227, 228) Radiation Protection Act	August 1997, as proposed to the EQB.	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 is consulting with its Radiation Protection Advisory Committee to solicit input on draft regulations.	Stuart Levin, 717-787-3720
Radiological Health (Chapters 215, 217, 219, 220, 224, 225, 226, 230 and 232) Radiation Protection Act	November 1997, as proposed to the EQB.	The Department is updating its regulations for the control of radioactive material in preparation for becoming an Agreement State with the U.S. Nuclear Regulatory Commission (NRC). One of the NRC requirements for the agreement is to have and maintain compatible regulations with the NRC. The proposed regulations address industrial radiography, well logging, irradiators, medical uses, transportation and packaging, protection standards and licensing. The Department is consulting with its 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	January 1998, as final to the EQB.	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 review the draft regulations in October.	Evan Shuster, 717-787-7846
Chapter 86--Bonding, Civil Penalties, Areas Unsuitable for Mining, Surface Mining Conservation and Reclamation Act, Clean Streams Law, Bituminous Mine Subsidence and Land Conservation Act, Coal Refuse Disposal Act	September 1997, as final to the EQB.	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, the calculation of civil penalties, procedures for assessing and appealing civil penalties, and unsuitable for mining procedural changes. The MRAB has been involved in the development of this proposal.	Evan Shuster, 717-787-7846
Chapter 86, Subchapters A and D-- General Provisions and Areas Unsuitable for Mining Surface Mining Conservation and Reclamation Act, Clean Streams Law, Coal Refuse Disposal Control Act	September 1997, as proposed to the EQB.	Amendments are proposed to address regulations which are more stringent than federal requirements, lack clarity, and which are inconsistent with language used in federal regulations. This proposal was reviewed by the MRAB.	David Hogeman, 717-787-4761
Chapter 89--Mine Subsidence Control, Damage Repair (Act 54) Surface Mining Conservation and Reclamation Act, Clean Streams Law, Coal Refuse Disposal Control Act, Bituminous Mine Subsidence and Land Conservation Act	December 1997, as final to the EQB.	Various sections of Chapter 89 are obsolete and will be addressed along with amendments which are necessary to bring Pennsylvania's program into conformance with 1994 amendments to Pennsylvania law (Act 54) and 1995 amendments to Federal regulations. These changes involve subsidence damage and water loss due to underground bituminous coal mining. These changes do not fall within the purview of the MRAB; therefore, no advisory committee review is anticipated.	Harold Miller, 717-783-8845
Chapter 77--Noncoal Mining Noncoal Surface Mining Conservation and Reclamation Act	October 1997, as final to the EQB.	These amendments will clarify the standards for exemption from preblast surveys, delete obsolete regulations, and provide less prescriptive regulations for bond releases, hydrologic and geologic information, treatment facilities and sediment controls. The proposal will also simplify exploration requirements, bond adjustments and forfeitures, and clarify public notice requirements on permit revisions and setback waivers. These changes do not fall within the purview of the MRAB; therefore, no advisory committee review is anticipated.	Tom Whitcomb, 717-783-8845
Chapter 86, Subchapter C--Small Operator Assistance Program Surface Mining Conservation and Reclamation Act	September 1997, as final to the EQB.	These amendments are necessary to provide clarification of program requirements and eliminate redundant language in this section. The draft final rulemaking will be reviewed by the MRAB in July.	David Hogeman, 717-787-4761
Chapters 86--90, Coal Mine Permitting and Performance Standards Surface Mining Conservation and Reclamation Act, Clean Streams Law	January 1998, as final to the EQB.	These amendments are necessary to address requirements which may be placing undue restrictions on the Pennsylvania coal mining industry and which may be hampering the industry's ability to compete effectively with coal mining in other states. In all chapters, the amendments involve information requirements for permits and performance standards. Specifically, the amendments will clarify requirements relating to casing and sealing drill holes, administrative requirements relating to coal exploration and regrading, and minimize fish and wildlife impacts. The amendments will be reviewed by the MRAB in October.	Nevin Strock, 717-783-8845
Post-Mining Discharges/Licensing and Bonding Surface Mining Conservation and Reclamation Act	August 1997, as final to the EQB.	These amendments implement the 1992 amendments to Act 173 relative to the licensing of coal mine operators, bonding requirements and post-mining discharges. The proposal also updates the insurance requirements and revises license fees based on the tons of coal mined as required by the Act. The MRAB reviewed the draft final rulemaking.	Evan Shuster, 717-787-7846
Chapters 78 (Oil and Gas Wells), 79 (Well Drilling and Use) and 80 (Gas Well Classification) Oil and Gas Act, Clean Streams Law, Solid Waste Management Act	December 1997, as final to the EQB.	These amendments are being initiated to repeal obsolete provisions relating to gas well classification, clarify certain provisions, and to make other provisions less prescriptive. The Oil and Gas Technical Advisory Board (TAB) has been involved in developing these amendments.	James Erb, 717-772-2199
GENERAL SERVICES
Instructions to Bidders 4 Pa. Code, Chapter 61	Summer 1997, as proposed.	This Chapter has been superseded and should be repealed because such instructions should not be set out in regulatory form. There is a need for flexibility which can be of benefit to the Department as well as bidders.	Merle H. Ryan (717) 787-7095
General Conditions of the Construction Contract 4 Pa. Code, Chapter 63	Summer 1997, as proposed.	This Chapter has been superseded and should be repealed because such instructions should not be set out in regulatory form. There is a need for flexibility which can be of benefit to the Department as well as bidders.	Merle H. Ryan (717) 787-7095
State Art Commission 4 Pa Code, Chapter 65	Summer 1997, as proposed.	The legislation creating the State Art Commission was sunsetted.	Merle H. Ryan (717) 787-7095
Emergency Construction Repairs 4 Pa. Code, Chapter 67	Summer 1997, as proposed.	The regulation should be amended to more accurately reflect present practice and to delete contract provisions. Such provisions should not be in regulatory form and their deletion will serve the same purpose as noted for Chapter 61.	Merle H. Ryan (717) 787-7095
Contract Compliance 4 Pa. Code, Chapter 68	Fall 1997, as proposed.	Executive Order 1996-8 transferred the contract compliance responsibilities to the Department of General Services	John R. McCarty (717) 783-8720
Commonwealth Parking Facilities 4 Pa. Code, Chapter 71	Fall 1997, as proposed.	Amendments are required because parking locations have been changed.	Ronald L. Coy (717) 783-5028
Processing Subscriptions and Sales of Pennsylvania Code and Related Publications 4 Pa. Code, Chapter 81	Fall 1997, as proposed.	These regulations should be repealed since the Department of General Services' Bureau of Management Services no longer has responsibility for the processing of subscriptions and orders for the Pennsylvania Code. The Pennsylvania Code contractor is now responsible for Pennsylvania Code subscriptions. New regulations will be developed to address sales of Commonwealth publications in general.	John R. McCarty (717) 783-8720
Death Benefits for Survivors of Firemen and Law Enforcement Officers 4 Pa. Code, Chapter 89	Summer 1997, as proposed.	Since Act 101 of June 24, 1976 (P. L. 424) was amended by Act 161 of 1994 (P. L. 1373), the regulations must be amended to reflect the legislative changes.	Ronald L. Coy (717) 783-5028
HEALTH
Emergency Medical Services 28 Pa. Code § 1001.1 et seq.	November 1997, as proposed.	The proposed amendments to the current regulations for the operation of the Emergency Medical System in the Commonwealth pursuant to the Emergency Medical Services Act, 35 P. S. §§ 6921--6938.	Kenneth Brody 717-783-2500
Communicable Diseases 28 Pa. Code § 27.1 et seq.	March 1998, as proposed.	The amendments to existing regulations to make them consistent with current public health practices for the control of communicable and other reportable conditions. Currently under review by Bureau of Community Health, Bureau of Preventive Health, Bureau of Epidemiology and Bureau of Maternal and Child Health.	Suzanne Craig 717-783-2500
Drug and Alcohol Confidentiality 4 Pa. Code § 255.1 et seq. and § 257.1 et seq.	December 1997, as proposed.	These regulations are being reviewed for updating and to address concerns regarding availability of records of patients being treated for drug and alcohol related problems.	Keith Fickel 717-783-2500
Shelter, Hot-line and Drop-in activities and activity matrix rescission 28 Pa. Code §§ 701.1, 701.2, 709.101--102, 711.101--106, 713.51--55 and 713.61--63.	July 1997, as final.	These regulations are being rescinded in order to better address the needs of the substance abuse service delivery system and maximize existing resources. Rescission will allow Department staff to focus on oversight of activities which provide treatment for substance abusing clients.	Keith Fickel 717-783-2500
Newborn Screening 28 Pa. Code § 28.1 et seq.	December 1997, as proposed.	These regulations are to address amendments to the Newborn Child Testing Act regarding procedures and time frames for the drawing of blood and filing of reports and the addition of two reportable diseases. Authority for these regulations is set forth in the Newborn Child Testing Act, 35 P. S. § 621.1 et seq.	Yvette Kostelac 717-783-2500
Confidential Information in the Administration of Maternal and Child Health 28 Pa. Code §§ 29.1--29.3	September 1997, as proposed	These regulations are intended to amend outdated language regarding confidentiality of information maintained by the Department's Maternal and Child Health programs. The amendments will also clarify what information is confidential. These regulations are authorized by 71 P. S. § 532.	Yvette Kostelac 717-783-2500
Environmental Health Assessment 28 Pa. Code § 17.1 et seq.	December 1997, as proposed.	These amendments are necessitated by the transfer of authority for certain environmental regulations from the Department of Environment Protection to the Department of Health. The DOH has met with consumer groups to obtain stakeholder input.	Nan Lipton 717-783-2500
School Immunizations 28 Pa. Code §§ 23.81--23.87	August 1997, as final with proposed omitted.	These amendments are necessary to implement the Hepatitis B Prevention Act in schools and amended to bring other school immunization requirements in line with standards embraced by groups with nationally recognized expertise in child immunizations.	Nan Lipton 717-783-2500
Dental Laboratories 28 Pa. Code § 25.301 et seq.	September 1997, as proposed.	These new regulations are needed to establish standards for the operation of laboratories in dental offices, as required by the Controlled Substances, Drug Device and Cosmetic Act at 35 P. S. § 780-101 et seq.	Laurie McGowan 717-783-2500
Managed Care Organizations 28 Pa. Code §§ 9.1--9.227	December 1997, as proposed.	Amendment and update of regulations for Health Maintenance Organizations and Preferred Provider Organizations.	Howard Burde Laurie McGowan 717-783-2500
Head Injury Program	September 1997, as proposed.	Regulations will facilitate the implementation of this program.	Lawrence Otter 717-783-2500
Health Facility Licensure--Long Term Care Facilities & Ambulatory Surgical Facilities 28 Pa. Code § 201.1 et seq. 28 Pa. Code § 551.1 et seq.	July 1997, as proposed	Amendment and update of regulations for long term care facilities and ambulatory surgical facilities. Review occurred due to sunset of Certificate of Need	James T. Steele, Jr. 717-783-2500
Health Facility Licensure--General & Special Hospitals & Health Planning 28 Pa. Code § 101.1 et seq. 28 Pa. Code § 301.1 et seq. 28 Pa. Code § 401.1 et seq.	August 1997, as proposed	Amendment and update of regulations for general and acute care hospitals, emergency services and psychiatric services. Also, the chapters on health planning are proposed for repeal. Review occurred due to sunset of Certificate of Need	James T. Steele, Jr. 717-783-2500
Health Facility Licensure--General Administrative Chapter & General and Special Hospitals 28 Pa. Code § 51.1 et seq. 28 Pa. Code § 101.1 et seq.	September 1997, as final	Addition of general administrative chapter providing regulations relevant to all health care facilities; and addition of chapters to the general and special hospital regulations detailing requirements for the provision of specific types of services: open heart surgery, cardiac catheterization, organ transplantation surgery and neonatal care. Review occurred due to sunset of Certificate of Need.	James T. Steele, Jr. 717-783-2500
HOUSING FINANCE AGENCY
No regulations being developed or considered at this date.
INFRASTRUCTURE INVESTMENT AUTHORITY
Pennsylvania Infrastructure Investment Authority Financial Assistance 25 Pa Code Chapter 963   Water Pollution Control Revolving Fund 25 Pa Code Chapter 965	Summer 1997, as final.	The aforementioned regulations establish the Water Pollution Control Revolving Fund (''WPCRF'') in accordance with the federal requirements set forth in the Water Quality Act of 1987 (33 U.S.C.A. §§ 1251--1387). This fund is a revolving loan fund used to finance projects to construct public sewer systems. Currently, the WPCRF program is operating by guidelines; however, the need for regulations is evident. These regulations and amendments to existing regulations are a collaborative effort of the regulated community, the Department of Environmental Protection (''DEP''), the U.S. Environmental Protection Agency (''EPA'') and the Pennsylvania Infrastructure Investment Authority ('' PENNVEST''). The grant of authority to issue these regulations is set forth in Sections 5(c) and 6(4), (6) of the Pennsylvania Infrastructure Investment Authority Act ,35 P. S. § 751.5(c)(2) and 751.6(4) and (6).	Brion Johnson (717) 783-6798

[Continued on next Web Page]

---

No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.

---