[30 Pa.B. 3317]
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EMERGENCY MANAGEMENT AGENCY
4 Pa. Code Chapter 120 ''Public Safety Emergency Telephone Program'' July 2000, as final. Required by Public Safety Emergency Telephone Act Mark Goodwin 717-651-2010 ENVIRONMENTAL HEARING BOARD 25 Pa. Code Chapter 1021 Fall 2000, as proposed. The Environmental Hearing Board and its Procedural Rules Committee are considering proposing new rules of procedure relating to the following: electronic filing and service of legal documents, appointment of hearing examiners, referral of pro se parties to pro bono counsel, and substitution of parties to proceedings before the Board. In addition, the Board and Rules Committee are considering the following: 1) proposing new rules of procedure relating to withdrawal of appearance and to electronic filing and service of legal documents; 2) revisions to existing rules relating to the number of copies of documents to be filed with the Board and certification of records on appeal to the Commonwealth Court; and 3) reorganization of the rules of practice and procedure in order to make the rules more user-friendly for practitioners before the Board. The Board and Rules Committee intend to propose regulations relating to one or more of these subjects during the year 2000. The legal basis for these regulations is section 5 of the Environmental Hearing Board Act (35 P. S. § 7515). Mary Anne Wesdock 412-565-5245 ENVIRONMENTAL PROTECTION Stream Redesignations--Little Bush Kill, et al.
Clean Streams LawNovember 2000, as proposed. This stream redesignation package includes five streams or portions thereof that were evaluated for redesignation as High Quality (HQ) or Exceptional Value (EV) Waters. The Little Bush Kill (Pike Co.) was evaluated in response to a petition from Bushkill Falls. West Penn Township (Schuylkill Co.) petitioned for redesignation of Lizard Creek. Smithtown Creek (Bucks Co.) was studied as a result of a petition from the Smithtown Creek Watershed Association. The Pennsylvania Fish and Boat Commission requested evaluation of Oswayo Creek (Potter Co.) and Browns Run (Warren Co.). Public notice that the assessments were being undertaken was given in December 1999, and draft evaluation reports were submitted to petitioners and municipal governments in May 2000. Bob Frey, 717-787-9637 Chapter 109--Disinfectants and Disinfection Byproducts Rule Safe Drinking Water Act August 2000, as proposed. This proposal will incorporate the provisions of the Federal Disinfectants and Disinfection Byproducts Rule, promulgated in December 1998, into the Safe Drinking Water regulations in Chapter 109. The rule regulates disinfection practices at public water systems by implementing standards to eliminate or minimize harmful byproducts of disinfection treatment processes in public drinking water. The Technical Assistance Center for Small Water Systems (TAC) and Water Resources Advisory Committee (WRAC) reviewed drafts of the proposal. Ed Rawski, 717-783-3796 Chapter 109--Interim Enhanced Surface Water Treatment Rule Safe Drinking Water Act August 2000, as proposed. This proposal will incorporate the provisions of the Federal Interim Enhanced Surface Water Treatment Rule, promulgated in December 1998, into the Safe Drinking Water regulations in Chapter 109. The rule applies to public water systems that serve 10,000 or more people and that use surface water or ground water under the direct influence of surface water. Implementation of the rule will significantly reduce the level of Cryptosporidium in finished drinking water supplies through improvements in filtration. The filtration provisions of the rule are expected to increase the level of protection from other pathogens, as well. The TAC and WRAC reviewed drafts of the proposal. Ed Rawski, 717-783-3796 Chapter 109--Consumer Confidence Report Rule and Revisions to Public Notification Safe Drinking Water Act Contingent on EPA action. This proposal will incorporate into DEP's Safe Drinking Water regulations the provisions of the Federal Consumer Confidence Report (CCR), which was promulgated in August 1998, and the soon-to-be promulgated revisions of the Federal Public Notification regulations. The rules expand and clarify requirements that deal with the public's right to know what is in the water they receive from a regulated public water supplier. The CCR rule requires that an annual report be prepared by every community water system and distributed to their customers and consumers. The revisions to the public notification regulations will simplify how all types of public water systems issue notice to consumers when a violation or similar event that can affect health occurs at the system. Because the two rules are closely related, they will be combined as one proposal. The TAC and WRAC will review drafts of the proposal. Jeffrey Gordon, 717-772-4018 Chapter 105, Dam Safety and Waterway Management Clean Streams Law, Dam Safety and Encroachment Act December 2000, as proposed. Revisions will be proposed to simplify and clarify the regulations, streamline the process for minor wetland encroachments, establish discretion to issue expedited permit decisions during site visits, simplify the application fee schedule, and clarify the Chapters 105 & 106 programs by consolidating rules and procedures for stream channels, floodways and floodplains into one regulation. The Wetlands Protection Advisory Committee is thoroughly reviewing the issues. The Agricultural Advisory Board is also being briefed on developments. The date for EQB consideration of a proposed rulemaking remains tentative at this time pending WetPAC's deliberations. Ken Reisinger, 717-787-6827 Waste Oil Amendments
Solid Waste Management ActDecember 2000, as final. This proposal consolidates the requirements for the management of used oil into one chapter. DEP discussed issues raised during the public comment period with the Solid Waste Advisory Committee (SWAC) in September 1999. SWAC will review the draft final amendments. Scott Walters, 717-787-7381 Universal Waste Rule--Addition of Mercury Devices Solid Waste Management Act October 2000, as final. The Universal Waste Rule allows certain hazardous wastes to be managed under requirements that are less prescriptive than full RCRA hazardous waste Subtitle C regulation. This proposal adds mercury-containing devices to the list of wastes managed as universal wastes. Mercury devices were petitioned for inclusion by Advanced Environmental Recycling Corporation in August 1997. SWAC will review the draft final rulemaking. Rick Shipman, 717-787-6239 Municipal Waste Amendments Solid Waste Management Act August 2000, as final. This proposal changes the environmental assessment requirements to evaluate known and potential environmental harms vs. social and economic benefits; includes revisions to ICW permit by rule and general permit requirements; includes standards for nuisance minimization and control; modifies the closure requirements and assessment and abatement standards for consistency with Act 2 regulations and federal Subtitle D criteria; and revises isolation distances, facility design and operating standards, and leachate sampling requirements. The draft final rulemaking will be reviewed by SWAC. Bill Pounds, 717-787-7564 Residual Waste Amendments Solid Waste Management Act August 2000, as final. This proposal changes the definition of waste and related terms to be similar to the solid waste definitions in RCRA Subtitle C; revises definitions and final closure standards for consistency with Act 2 regulations; allows for industry-wide coproduct determinations and recycling of scrap metal; revises performance standards for odor, noise and other nuisance control; revises isolation distances; modifies the environmental assessment requirements; revises the permit application fee and simplifies the approval process for demonstration facilities; revises the facility design and operating standards for composting facilities to be more performance based; revises leachate sampling requirements and modifies the attenuating soil requirements at landfills to allow for equivalency modeling based upon site specific conditions. The draft final regulations will be reviewed by SWAC. Bill Pounds, 717-787-7564 Chapter 250--Land Recycling Program Amendments Land Recycling and Environmental Remediation Standards Act Solid Waste Management Act March 2001, as final. These amendments clarify the existing regulations and update several provisions to reflect current science. The revisions are necessary to provide clear direction to those undertaking the cleanup of a contaminated site and the cleanup standards they must meet. DEP worked with the Cleanup Standards Scientific Advisory Board (CSSAB) in developing this proposal. Adopted by the EQB in June, the proposed amendments are anticipated to be published in August 2000. Dave Hess, 717-783-7816 Storage Tank and Spill Prevention Program--Integration of Act 2 Provisions
Land Recycling and Environmental Remediation Standards ActAugust 2001, as final. This proposal integrates the provisions of the Land Recycling and Environmental Remediation Standards Act (Act 2 of 1995) into Chapter 245 (Administration of the Storage Tank and Spill Prevention Program). The proposal changes definitions in Subchapter A for consistency between the two programs. In Subchapter D, the proposal incorporates procedures for selecting and attaining one or more of the Act 2 remediation standards into the corrective action process for regulated storage tanks, eliminating language that was based on implementation of the Department's Groundwater Protection Strategy which was in effect when Subchapter D was adopted in 1993. DEP worked with the Storage Tank Advisory Committee (STAC) in developing this proposal. Adopted by the EQB in June, the proposed amendments are anticipated to be published in August 2000. Charles Swokel, 717-783-7509 Host Municipality Fund Allocation Amendments
Hazardous Sites Cleanup ActMarch 2001, as final. This proposal clarifies the eligibility requirements for a host municipality to receive a one-time payment from the Host Municipalities Fund. It also modifies the allocation formula for distribution of the one-time payment to replace the Hazardous Waste Site Ranking System established by EPA in Appendix A of 40 CFR 300 with a simpler, less costly and more appropriate method. The proposal clarifies several ambiguities in the existing regulations and responds to recent litigation initiated by a municipality that is host to a commercial hazardous waste treatment facility. SWAC reviewed a draft of the proposal. Adopted by the EQB in June, the proposed amendments are anticipated to be published in August 2000. Rick Shipman, 717-787-6239 Household Hazardous Waste Collection and Disposal Small Business and Household Pollution Prevention Program Act Solid Waste Management Act October 2000, as proposed. This proposal further clarifies the household hazardous waste regulations in Chapters 261, 271 and 272, makes the language consistent with that used in the Small Business and Household Pollution Prevention Program Act and ensures that waste collected as part of a household hazardous waste program are properly managed as hazardous waste rather than as part of the municipal waste stream. SWAC reviewed a draft of the proposal. Tom Hyatt, 717-787-8686 Nitrogen Oxides (NOx) SIP Call
Air Pollution Control ActJuly 2000, as final. This proposal is necessary for Pennsylvania to adopt a NOx reduction program for large stationary sources to achieve the emission reductions necessary for Pennsylvania and other states to achieve the National Ambient Air Quality Standards (NAAQS) for ozone. DEP published an Advance Notice of Final Rulemaking (ANFR) on January 22, 2000, with a 30-day public comment period. The ANFR was republished on February 26, 2000, with an additional 30-day comment period and three public hearings. The final amendments were reviewed by the Air Quality Technical Advisory Committee (AQTAC). Dean Van Orden, 717-787-4310 Emissions of Nitrogen Oxides (NOx) from Combustion Units and Process Heaters Air Pollution Control Act December 2000, as proposed. As one of the recommendations of the Southeast Pennsylvania Stakeholders Working Group to achieve additional NOx reductions, this proposal would require operators of certain combustion units and process heaters with rated heat inputs between 100 million and 250 million Btus (MMBtus) per hour to implement NOx reduction programs. Facilities would be required to meet an emission reduction program that has a cost effectiveness of less than $3,000 per ton. This proposal is estimated to affect approximately 10 facilities with 35 to 40 units in the Southeast Pennsylvania area. The AQTAC will review a draft of the proposal. Terry Black, 717-787-4310 Solvent Cleaning Operations
Air Pollution Control ActJanuary 2001, as final. The Southwest and Southeast Ozone Stakeholder Working Groups recommended that DEP adopt programs to reduce VOC emissions from degreasing operations. A stakeholder group consisting of degreaser manufacturers and operators, solvent suppliers and environmental groups met several times over an eight-month period to develop the proposal. The proposed regulations, published on August 28, 1999, with three public hearings, establish additional requirements for solvent cleaning operations and new requirements for operations not presently regulated by the provisions of Section 129.63. The AQTAC reviewed a draft of the proposed rulemaking and will review a draft of the final rulemaking before the EQB considers it. Terry Black, 717-787-4310 New Source Review
Air Pollution Control ActContingent on EPA Action. 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 incorporate proposed changes in the Federal new source review requirements as necessary. Drafts of the proposal will be reviewed by the AQTAC. EPA has proposed in its draft new source review (NSR) regulations a number of mechanisms related to generation and use of Emission Reduction Credits (ERC's), and the use of an ''area wide'' plantwide applicability limit (PAL) to address trading issues. The proposed rules were issued in July 1996; however, EPA has not yet issued final rules. With the uncertainty of the nature of the final rules, the Department cannot proceed with revisions of the existing trading regulations until the final EPA rule is promulgated. Terry Black, 717-787-4310 Radiological Health (Chapters 215, 217, 219, 220, 224, 225, 226, 230 and 232)
Radiation Protection ActJune 2001, as final. 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 consulted with the Radiation Protection Advisory Committee (RPAC) in developing these regulations. Adopted by the EQB in June, the proposed amendments are anticipated to be published in September 2000. William Kirk, 717-783-9730 Amendments to Radiological Health Chapter 218, Fees
Radiation Protection ActDecember 2000, as proposed. DEP is reconsidering its fee structure for registrations, licenses, and inspections of radiation-producing machines and radioactive material. Current fees no longer cover the registration, licensing and inspection costs required by regulation. In addition, DEP's responsibilities will expand to include more complex licensing and inspection when Pennsylvania becomes an Agreement State. With Agreement State status, DEP will assume responsibility for licensing and oversight of decommissioning of a number of sites formerly licensed by the Nuclear Regulatory Commission (NRC). Authority for actual cost recovery will need to be established in the regulations. The RPAC will review drafts of the proposed rulemaking. William Kirk, 717-783-9730 Amendments to Radiological Health Chapters 221, 227 and 228
Radiation Protection ActSeptember 2000, as proposed. DEP is proposing minor changes to Chapter 221 to clarify requirements for X-ray use in the healing arts and to improve consistency with federal regulations. A new section on Radiation Safety Requirements for X-ray Calibration Systems is being added to Chapter 227. A change in Chapter 228 is proposed to modify radiation monitoring requirements to better accommodate existing equipment. These amendments were discussed with RPAC in May 2000. William Kirk, 717-783-9730 Chapter 240, Radon Certification
Radon Certification ActJanuary 2001, as final. This proposal amends Section 240.306 to reduce the number of hours from 16 to 8 that are required on an annual basis for participation in Department-approved continuing education training for radon testing or mitigation. The change will reflect current industry practices in surrounding states and is supported by members of the Pennsylvania certified radon community. Adopted by the EQB in June, the proposed amendment is anticipated to be published in August. Michael Pyles, 717-783-3594 Licensing of Blasters and Storage, Handling and Use of Explosives
Explosives Act, Surface Mining Control and Reclamation Act (SMCRA), and Noncoal SMCRAMay 2001, as final. The proposed amendments reflect changes that have occurred in the industry and the experience DEP has gained in implementing the program since the regulations in Chapters 210 and 211 were developed in 1972. The proposal addresses requirements which are needlessly more stringent and burdensome than federal requirements; incorporates technological advances resulting from research on the effects of blasting on structures; and enhances DEP's ability to prevent issuance of blasters' licenses to previous violators. DEP conducted public outreach meetings from September through December 1998. In addition, the Mining and Reclamation Advisory Board (MRAB) reviewed the draft proposed regulations. The proposal was adopted by the EQB in March 2000 and published for public comment on June 3. Four public hearings will be held in July. Rick Lamkie, 717-783-9892 Chapter 90--Coal Refuse Disposal Activities
Coal Refuse Disposal Control Act, Surface Mining Conservation and Reclamation Act, Clean Streams LawJuly 2001, as final. This proposal updates Chapter 90 and conforms it with the Coal Refuse Disposal Control Act amendments of 1994. It incorporates new requirements pertaining to site selection, permitting and performance standards and consolidates existing permitting and water supply replacement requirements applicable to coal refuse disposal activities into Chapter 90. The MRAB reviewed the draft proposed rulemaking. The proposal was adopted by the EQB in April 2000 and published for comment on June 17. Two public hearings will be held in July. Tom Callaghan, 717-783-8845 Chapter 207--Underground Noncoal Mines
General Safety LawSeptember 2000, as proposed. This proposal will consolidate the regulatory provisions implementing Section 2(f) of the General Safety Law, which regulates worker safety in noncoal mines, into Chapter 207 (Noncoal Mines). Most of these provisions were promulgated by the Department of Labor and Industry over 30 years ago and are found at Title 34, Pennsylvania Code, Chapter 33. DEP's Chapter 207 addresses the use of explosives at noncoal mines and has not been amended since its adoption in 1972. The amendments will address effective safety practices in noncoal mines based on changes in the industry and DEP's administration of the program. DEP proposes to incorporate by reference the U. S. Mine Health and Safety Administration's (MSHA) regulations found at 30 CFR Part 57 and add provisions to address certification of foremen as well as the licensing and duties of blasters. Richard Stickler, 724-439-7469 Amendments to Chapter 78 (Oil and Gas Wells)
Oil and Gas Act, Clean Streams Law, Solid Waste Management ActJanuary 2001, as final. The amendments clarify several sections relating to drilling, casing and cementing standards; requirements for drilling through gas storage reservoirs; plugging requirements; bonding requirements; and environmental performance standards. The Oil and Gas Technical Advisory Board (TAB) reviewed the draft amendments. The proposal was adopted by the EQB in April 2000 and published for comment on June 17. James Erb, 717-772-2199 considered subsequent to publication of this Agenda) is published.
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