[31 Pa.B. 711]
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Regulation Being Proposed Date Agency Considered of Promulgation Need and Legal Basis for Action Contact EMERGENCY MANAGEMENT AGENCY
4 Pa. Code Chapter 118 ''Reductions of Major Water Use in the Delaware River Basin Drought Emergency Area'' June 2001, as proposed. Needed to improve and streamline administration of regulations Mark Goodwin (717) 651-2010 4 Pa. Code Chapter 119 ''Prohibition of Nonessential Water Uses in a Commonwealth Drought Emergency'' June 2001, as proposed. Needed to improve and streamline administration of regulations Mark Goodwin (717) 651-2010 4 Pa. Code Chapter 120 ''Local Water Rationing Plans'' June 2001, as proposed. Needed to improve and streamline administration of regulations Mark Goodwin (717) 651-2010 4 Pa. Code Chapter 119a ''Philadelphia Drought Water Emergency Plan'' June 1, 2001, as proposed. Regulations are outdated and no longer needed Mark Goodwin (717) 651-2010 ENVIRONMENTAL HEARING BOARD No regulations being developed or considered at this date. ENVIRONMENTAL PROTECTION Stream Redesignations-- Little Bush Kill, et al. Clean Streams Law March 2001, 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.). Minor corrective amendments are also included for Buck Hill Creek (Monroe Co.) and Slate Run (Lycoming Co.). Bob Frey,
(717) 787-9637Stream Redesignations Clean Streams Law Dates undetermined. DEP has an ongoing program to evaluate streams for possible redesignation in the Water Quality Standards in Chapter 93. Evaluations are undertaken in response to petitions to the EQB as well as requests from the Pennsylvania Fish and Boat Commission or DEP staff. DEP publishes a notice of assessment in the Pennsylvania Bulletin and a local newspaper and requests technical information on each stream. A list of evaluations undertaken or needed and the status of each one can be found on the Bureau of Watershed Conservation web page on DEP's website at www.dep.state.pa.us. Following completion of a draft evaluation report, and if a redesignation is proposed, the recommendations will be presented to the EQB either individually or as part of a group of streams. Bob Frey,
(717) 787-9637Chapter 109--Disinfectants and Disinfection Byproducts Rule Safe Drinking Water Act April 2001, as final. This proposal incorporates 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 the draft final rulemaking. Ed Rawski, (717) 783-3796 Chapter 109--Interim Enhanced Surface Water Treatment Rule Safe Drinking Water Act April 2001, as final. This proposal incorporates 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 also expected to increase the level of protection from other pathogens as well. The TAC and WRAC reviewed the draft final rulemaking. Ed Rawski, (717) 783-3796 Chapter 109--Safe Drinking Water Amendments Safe Drinking Water Act July 2001, as proposed. This proposal will incorporate into DEP's Safe Drinking Water regulations recently adopted federal initiatives, including the provisions of the Federal Consumer Confidence Report (CCR) Rule, revisions to the Public Notification (PN) regulations, and minor changes to the Lead and Copper Rule. The CCR and PN 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 proposal also includes several technical changes to address differences between state and federal regulations at 40 CFR 141 which involve primacy concerns. In addition, the proposal will require regulated entities to submit self-monitoring test data electronically to the Department. Jeffrey Gordon, (717) 772-4018 Chapter 105--Dam Safety and Waterway Management Clean Streams Law; Dam Safety and Encroachments Act June 2001, 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 and 106 programs by consolidating rules and procedures for stream channels, floodways and floodplains into one regulation. The Wetlands Protection Advisory Committee (WetPAC) is thoroughly reviewing the issues. The Agricultural Advisory Board (AAB) will also be 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 Act March 2001, as final. This proposal aligns DEP's hazardous waste program more closely to the federal program for the management of used oil (40 CFR part 279). The proposal also consolidates all waste oil recycling requirements into one chapter. The Solid Waste Advisory Committee (SWAC) reviewed the draft final amendments. Scott Walters, (717) 787-7381 Chapter 250--Land Recycling Program Amendments Land Recycling and Environmental Remediation Standards Act; Solid Waste Management Act August 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 is working with the Cleanup Standards Scientific Advisory Board (CSSAB) in developing the final amendments. Dave Hess, (717) 783-7816 Storage Tank and Spill Prevention Program--Integration of Act 2 Provisions Land Recycling and Environmental Remediation Standards Act August 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 is working with the Storage Tank Advisory Committee (STAC) in developing the final amendments. Charles Swokel,
(717) 783-7509Host Municipality Fund Allocation Amendments Hazardous Sites Cleanup Act June 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 will review the final amendments. Rick Shipman, (717) 787-6239 Household Hazardous Waste Collection and Disposal Small Business and Household Pollution Prevention Program Act; Solid Waste Management Act August 2001, as final. 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 is properly managed as hazardous waste rather than as part of the municipal waste stream. Adopted by the EQB in October 2000, the proposal was published for public comment on February 3. SWAC reviewed the proposal and will review the draft final rulemaking. Tom Hyatt, (717) 787-8686 Amendments to the Hazardous Waste Regulations Solid Waste Management Act June 2001, as proposed. Minor modifications are proposed to the hazardous waste amendments that were finalized on May 1, 1999, to address changes in the federal regulations since that time and for EPA approval as a federally authorized program. The modifications include minor ''housekeeping'' issues such as exceptions to the blanket substitution of DEP for USEPA where the federal authority cannot be delegated to a state. Other changes include correcting typographical errors and adding clarification or consistency in certain sections. SWAC will review a draft of the proposal. Rick Shipman, (717) 787-6239 Emission Limits for Heavy-Duty Highway Diesel Vehicles Air Pollution Control Act June 2001, as proposed This proposal will adopt California regulations to require 2005 and 2006 model year heavy-duty highway diesel engines to meet the same standards in effect for model years 2002 through 2004. The 2002-2004 standards resulted from consent decrees signed by the U.S. Department of Justice, the EPA and the California Air Resources Board (CARB) with seven of the largest heavy-duty diesel engine manufacturers who violated certification regulations. The consent decrees require the manufacturers to meet new lower emission standards by October 1, 2002, for the two-year period. EPA has proposed supplemental standards and test procedures for 2004 and later model year engines, but will not be able to require them until model year 2007. Adopting the California regulations by Pennsylvania and other states will create a de facto national standard, which EPA supports, that would maintain the lower emission standards for 2005 and 2006 model year engines. Arleen
Shulman,
(717) 787-4310Emissions of Nitrogen Oxides (NOx) from Combustion Units and Process Heaters Air Pollution Control Act November 2001, 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. AQTAC will review a draft of the proposal. Dean Van Orden
(717) 787-4310Open Burning of Recyclable Waste Air Pollution Control Act July 2001, as proposed This proposed revision will adopt a new definition of ''domestic refuse'' and revise the open burning provisions of Section 129.14(c) to prohibit the burning of leaves, yard wastes and other recyclable materials in areas that are required to have curbside recycling programs. Terry Black, (717) 787-4310 Solvent Cleaning Operations Air Pollution Control Act September 2001, as final. This proposal resulted from recommendations of the Southwest and Southeast Ozone Stakeholder Working Groups 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, establish additional requirements for solvent cleaning operations and new requirements for operations not presently regulated by the provisions of Section 129.63. More recently, DEP has been working with the Ozone Transport Commission to develop a regional approach to solvent cleaning operations. Terry Black, (717) 787-4310 Standards for Existing Commercial and Industrial Solid Waste Incinerator (CISWI) Units Air Pollution Control Act August 2001, as proposed On December 6, 2000, EPA published final rulemaking that establishes standards for new commercial and industrial solid waste incinerator (CISWI) units and emission guidelines for the states to use in the development of standards for existing CISWI units. Under the requirements of Sections 111(d) and 129(b) of the federal Clean Air Act, Pennsylvania and other states are required to promulgate regulations within one year of the December 6, 2000, final federal rule implementing the emission guideline requirements. The emission guidelines set forth maximum allowable emission rates for a number of pollutants, including cadmium, lead, mercury, particulate matter, and dioxins/furans. Terry Black, (717) 787-4310 Control of NOx from Cement Kilns and Stationary Internal Combustion Engines Air Pollution Control Act October 2001, as proposed This proposal establishes a program to limit the emissions of nitrogen oxides (NOx) from cement kilns and large stationary internal combustion engines. These provisions are proposed to be included in Chapter 145 (Interstate Ozone Transport Reduction). These regulations were previously proposed as part of the Chapter 145 development and are being reproposed for additional public comment. NOx emission reductions are needed to help achieve ozone health-based standards in the eastern United States. Dean Van Orden,
(717) 787-4310New Source Review Air Pollution Control Act Contingent 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 Act May 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. The RPAC will also review the draft final amendments. William Kirk, (717) 783-9730 Amendments to Radiological Health Chapters 221, 227 and 228 Radiation Protection Act November 2001, as final This proposal contains 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 added to Chapter 227. A change to Chapter 228 modifies the radiation monitoring requirements to better accommodate existing equipment. Adopted by the EQB in October 2000, the proposal was published February 3. The RPAC reviewed the proposal and will review the draft final rulemaking. William Kirk, (717) 783-9730 Amendments to Radiological Health Chapter 218, Fees Radiation Protection Act November 2001, as final This proposal contains a revised 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 is established in these amendments. Adopted by the EQB in January 2001, the proposal will be published for public comment some time in March. The RPAC reviewed the proposal and will review the draft final rulemaking. William Kirk, (717) 783-9730 Licensing of Blasters and Storage, Handling and Use of Explosives Explosives Act; Surface Mining Control and Reclamation Act (SMCRA); and Noncoal SMCRA April 2001, as final. This proposal reflects 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 that 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. The Mining and Reclamation Advisory Board (MRAB) reviewed the draft final regulations. Rick Lamkie, (717) 783-9892 Chapter 90--Coal Refuse Disposal Activities Coal Refuse Disposal Control Act; Surface Mining Conservation and Reclamation Act; Clean Streams Law April 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 is reviewing the draft final rulemaking. Tom Callaghan, (717) 783-1199 Chapters 86--88 and 90--Coal Mine Permits/Road Requirements Surface Mine Conservation and Reclamation Act; Coal Refuse Disposal Control Act; Clean Streams Law July 2001, as proposed This proposal modifies Chapters 86, 87, 88 and 90 for clarity and consistency with federal regulations. The proposed changes relate to criteria for approval/denial of coalmine permits and to requirements concerning coalmine roads at surface coal mines and coal refuse disposal operations. The MRAB will review a draft of the proposal. Nevin Strock, (717) 787-6842 Chapter 207 - Underground Noncoal Mines General Safety Law March 2001, 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 Safety and Health 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) 439-7469GENERAL SERVICES
Surplus State Property
4 Pa. Code, Chapter 41Summer 2001, as proposed With the enactment of the Commonwealth Procurement Code (Act 57 of 1998) this Chapter must be substantially amended. Further, there is a need for review and revision of these regulations to implement improvements in the transfer and disposition of state surplus property. Kelly Powell Logan
(717) 787-5295Responsibility 4 Pa. Code Chapter 60 Winter 2001, as proposed This chapter must be amended to conform with the legislative changes required by Act 57 and to provide for uniform Commonwealth agency debarment and suspension procedures. Gary F. Ankabrandt (717) 783-1982 Instructions to Bidders
4 Pa. Code, Chapter 61Winter 2001, 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 63Winter 2001, as proposed See comment for Chapter 61. Merle H. Ryan (717) 787-7095 State Art Commission
4 Pa Code, Chapter 65Winter 2001, as final The legislation creating the State Art Commission was sunsetted. Merle H. Ryan (717) 787-7095 Emergency Construction Repairs 4 Pa. Code, Chapter 67 Winter 2001, 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 68Summer 2001, as proposed Executive Order 1996-8 transferred the contract compliance responsibilities to the Department of General Services John R.
McCarty
(717) 783-8720Methods of Awarding Contracts 4 Pa. Code, Chapter 69 Summer 2001, as proposed With the enactment of the Commonwealth Procurement Code (Act 57) it is necessary to conform this Chapter with the changes in the law and to address other procurement areas affected by Act 57. Kelly Powell Logan
(717) 787-5295Commonwealth Parking Facilities 4 Pa. Code, Chapter 71 Spring 2001, as proposed Amendments are required because parking locations have been changed. James W.
Martin
(717) 783-5028Commonwealth Automotive Fleet 4 Pa. Code, Chapter 73 Spring 2001, as proposed The regulation will be amended to eliminate the requirement for a Pennsylvania license to drive a state vehicle and will permit out-of-state licenses. Gary F. Ankabrandt (717) 783-1982 Processing Subscriptions and Sales of Pennsylvania Code and Related Publications 4 Pa. Code, Chapter 81 Fall 2001, 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. John R.
McCarty
(717) 783-8720First Amendment Rights 4 Pa. Code, Chapter 86 Summer 2001, as proposed The amendment will extend coverage of the statement of policy to the Philadelphia State Office Building, Pittsburgh State Office Building, Scranton State Office Building, and Reading State Office Building. Gregory C. Santoro
(717) 787-5599
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