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PA Bulletin, Doc. No. 05-257

NOTICES

GOVERNOR'S OFFICE

Regulatory Agenda

[35 Pa.B. 810]

   Executive Order 1996-1, requires all agencies under the jurisdiction of the Governor to submit for publication an agenda of regulations under development or consideration. The following is the 18th publication of the Administration's regulatory agenda, grouped by agency. Subsequent agendas will be published on the first Saturdays in February and July.

   The agendas are compiled to provide members of the regulated community advanced notice of regulatory activity. It is the intention of the Administration that these agendas will serve to increase public participation in the regulatory process.

   Agency contacts should be contacted for more information regarding the regulation and the procedure for submitting comments.

   This agenda represents the Administration's present intentions regarding future regulations. The nature and complexity of an individual regulation obviously will determine whether and when any particular regulation listed in this agenda (as well as any considered subsequent to publication of this agenda) is published.
 

Regulation Being Considered Proposed Date of Promulgation Need and Legal Basis for Action Agency Contact
ADMINISTRATION
No regulations being developed or considered at this date.
AGING
PA Code Title VI Chapter 3 Fair Hearings and Appeals June 2006, as proposed This regulation has been initially reviewed by stakeholders in response to passage of Acts 169-96 and 13-97 amending the Older Adult Protective Services Act (35 P. S.§§ 10225.101--10225.5102) and of Executive Order 1996-1. It is being reviewed internally to improve Departmental procedures and efficiencies. Robert Hussar (717) 783-6207
PA Code Title VI Chapter 21 Domiciliary Care Services for Adults December 2005, as proposed. A review of these regulations will be conducted in order to assure consistency with ongoing interdepartmental discussions regarding development of community living alternatives. Robert Hussar (717) 783-6207
PA Code Title VI Chapter 15 Protective Services for Older Adults December 2005, as proposed. The law and regulations are under review in light of the decision of the Pennsylvania Supreme Court in Nixon et al. v. Commonwealth, et al., which found the current protective services law and regulations to be unconstitutional. Robert Hussar (717) 783-6207
PA Code Title VI Chapter 23 Long Term Care Ombudsman Program December 2007, as proposed. The Department wishes to promulgate regulations for the Long Term Care Ombudsman program in order to bring it into conformity with national standards. Robert Hussar (717) 783-6207
AGRICULTURE
Domestic Animal
7 Pa. Code Chapter 2
June, 2005, as proposed. This long-term project is intended to update the Department's regulatory authority to make it more consistent with the provisions of the Domestic Animal Law (3 Pa.C.S. §§ 2301--2389). Paul Knepley, DVM
(717) 772-2852
Cervidae
7 Pa. Code Chapter 18
June, 2005, as proposed. Act 190 of 2002 amended the Domestic Animal Law to require the Department to license and regulate cervidae livestock operations. Paul Knepley, DVM
(717) 772-2852
Animal Exhibition Sanitation
7 Pa. Code Chapter 21
June, 2005, as proposed. Act 190 of 2002 amended the Domestic Animal Law to require the Department to enforce sanitation requirements at animal exhibitions, and to regulate as necessary to meet this requirement. Paul Knepley, DVM
(717) 772-2852
Maple Products
7 Pa. Code Chapter 83
December, 2005, as proposed. This regulation is required by the Maple Products Act (3 Pa. C.S. §§ 6101--6112). This regulation would establish standards, product quality practices and facility requirements relating to the production of maple syrup and maple products. Lenchen Radle
(717) 772-3234
Amusement Rides
7 Pa. Code Chapter 139
July, 2005, as proposed. This regulation will update the current regulation at 7 Pa. Code Chapter 139 to reflect changes to the Amusement Ride Inspection Act (4 P. S. §§ 401--418). Kent D. Shelhamer
(717) 787-9089
Harness Racing Commission
58 Pa. Code Chapters 181, 183, 185 and 186--190
September, 2005, as proposed. This regulation is necessary to update current regulations, make them more user-friendly and address conditions which exist in harness racing that did not exist when the current regulations were originally promulgated. This regulation is a long-term project and would amend 58 Pa. Code Chapters 181, 183, 185 and 186--190, including the general authority of the Commission and provisions relating to associations licensed to conduct pari-mutuel wagering, individual licensing, licensing of officials, rules of the conduct of races, veterinary practices, equine health and medication, wagering, due process and disciplinary action. Anton J. Leppler
(717) 787-5196
Fruit Tree Improvement Program
7 Pa. Code Chapter 120
November, 2006, as proposed. This regulation would facilitate interstate and international export of Pennsylvania-grown fruit tree nursery stock. This regulation would amend 7 Pa. Code Chapter 120, which provides testing and inspection standards and procedures pursuant to which fruit tree nursery stock can be certified as to quality, consistency and disease/insect-free status. The regulation would be a technical update of current provisions, would bring this program into greater conformity with programs in other states and would provide more practical assistance to participating growers. Ruth Welliver
(717) 772-5222
Pesticide Regulations
7 Pa. Code Chapter 128
January, 2005, as proposed. This regulation will amend 7 Pa. Code Chapter 128 and is necessary to update current regulations, to make them more user friendly, address pesticide security issues, set minimum certification age requirements, dealer licensing, and changes in federal pesticide registration changes. David Scott
(717) 772-5214
Certification of Virus-Tested Geraniums
7 Pa. Code Chapter 122
September, 2006, as proposed. This regulation would amend the current regulatory authority to update the voluntary program pursuant to which geranium producers may obtain the Department's certification of virus-tested geraniums. This amendment would establish an inspection fee to help cover the Department's costs in inspecting and testing geraniums offered for certification. This regulation would amend 7 Pa. Code Chapter 122 to: 1) expand the certification of virus-tested geraniums to include Culture-Indexed Geraniums, which are free from certain economically-important bacterial and fungal pathogens; and 2) establish a reasonable fee for the Department's inspection and certification services Ruth Welliver
(717) 772-5222
Chemsweep Regulations
7 Pa. Code Chapter 128b
April, 2005, as final. This regulation will amend 7 Pa. Code Chapter 128b to expand the pesticide disposal program which has been limited to agricultural pesticide products. The amendment will include all Commonwealth citizens who are in possession of cancelled, unused or suspended pesticides. Phil Pitzer
(717) 772-5206
Nutrient Management Certification Program
7 Pa. Code Chapter 130b
March, 2005, as proposed This regulation will amend 7 Pa. Code Chapter 130b and is necessary to update and correct inconsistencies in the current regulations, redefine specialist categories; allow flexibility for the Department to modify competency areas and training focus; determine additional competency area needs and clarify continuing education requirements. The revision of this regulation will allow participants in the certification program to remain qualified to meet nutrient management planning requirements established in section 7(a) of the Nutrient Management Act of 1993 (Act 6). Johan E. Berger
(717) 772-4189
Fertilizer Regulations
7 Pa. Code Chapter 73
September, 2005, as proposed. This regulation will replace 7 Pa. Code Chapter 73 and implement provisions of 3 Pa.C.S.A. §§ 6701--6725 (Fertilizer Act). John Breitsman
(717) 772-5215
Soil and Plant Amendment Regulations
7 Pa. Code Chapter 130a
September, 2005, as proposed. This regulation will replace 7 Pa. Code Chapter 130a and implement provisions of 3 Pa.C.S.A. §§ 6901--6921 (Soil and Plant Amendment Act.) John Breitsman
(717) 772-5215
Dog Law
7 Pa. Code Chapters 23, 25 and 27
May, 2005, as proposed House Bill 397 of 1996 accomplished revisions of the Dog Law that will necessitate regulatory revisions. This regulation is a long-term project and would amend 7 Pa. Code Chapters 23,25 and 27 to bring them into greater conformity with statutory revisions. The Dog Law (3 P. S. §§ 459-10 et seq.) is the statutory basis for this regulation. Mary Y. Bender
(717) 787-4833
Clean and Green Regulations
7 Pa. Code Chapter 137b
November, 2005, as proposed. This regulation will address statutory changes made by Act 235 of 2004, and will otherwise update the current regulation. Sandra E. Robison
(717) 783-3167
Seed Testing Labeling and Standards
7 Pa. Code Chapter 111
June, 2006, as proposed. This regulation will supplant the current regulation and implement provisions of 3 Pa.C.S.A §§ 7101--7122 (Seed Act). Joe Garvey
(717) 787-5609
General Provisions and Standards for Seed Certification
7 Pa. Code Chapter 113
June, 2006, as proposed. This regulation will replace 7 Pa. Code Chapter 113 and 115 by combining them into one chapter-Chapter 113 and implement provisions of 3 Pa.C.S.A. §§ 7101--7122 (Seed Act). Joe Garvey
(717) 787-5609
Commercial Manure Hauler and Broker Certification Program
7 Pa. Code Chapter 130e.
March, 2005, as proposed. This will establish regulations for the newly established Commercial Manure Hauler and Broker Certification Program. This regulation will establish certification requirements for those persons commercially hauling or applying manure on behalf of an agricultural operation. Johan E. Berger
(717) 772-4189
BANKING
Annual Assessment Regulation Mid-to-Late 2005 Required pursuant to 17 Pa.C.S. § 503(a) and 71 P. S. § 733-204.A. Carter D. Frantz
(717) 787-1471
BOARD OF PARDONS
No regulations being developed or considered at this date.
COMMUNITY & ECONOMIC DEVELOPMENT
Community Development Grant Program
12 Pa. Code Chapter 141
(final regulation with rulemaking omitted)
Spring 2005 The regulation will repeal Sections 141.301 through 141.309 relating to the Section 108 Loan Program, as these sections no longer effectively fulfill the goals for which they were intended. Jill B. Busch
(717) 720-7314
Building Energy Conservation Standards
12 Pa. Code Chapter 147
(final regulation with rulemaking omitted)
Spring 2005 The regulation will repeal this chapter, as the statute upon which this chapter is based has been repealed by the Pennsylvania Construction Code Act. Jill B. Busch
(717) 720-7314
Manufactured Housing Improvement Program Spring 2005 As required by the Manufactured Housing Improvement Act (act of November 29, 2004, P. L. _____ , No. 158)), the department will propose regulations governing the training and certification of new manufactured home installers; the training of those persons who inspect the installation of new manufactured homes in PA; and the enforcement of the regulations once promulgated. Jill B. Busch
(717) 720-7314
COMMISSION ON CRIME AND DELINQUENCY
Office of Victims' Services, Victims Compensation Assistance Program--Deletion of 37
Pa. Code Chapter 191, replacement with new Chapter 411
February 2005, as Final Form. To create a new chapter reflecting elimination of Crime Victim's Compensation Board and inclusion of its functions under PCCD pursuant to Act 1995-27 of the Special Session on Crime; changes in terminology and operations brought about by that act and by subsequent legislation, including Act 1998-111 and its relocation of the Crime Victims Act to Purdon's Statutes Title 18 P. S. §§ 11.101--11.5102; Act 85 of 2002 and Act 144 of 2002. This final form regulation will reflect all legislative changes since 1989, when existing regulations were most recently amended. Lynn Shiner (717)
783-5153 ext. 3210
CONSERVATION & NATURAL RESOURCES
Conservation of Native Wild Plants (Chapter 45) Publish proposed rulemaking March 2006. This proposal is being developed to update existing native wild plant regulations. The legal basis for these regulations is the Wild Resource Conservation Act of 1982. This update is necessary to change the status of various plants to reflect field work completed during the last three years. Recommendations of the Rare Plant Committee and the Vascular Plant Technical Committee will be considered during the development of this proposed rulemaking. Chris Firestone, Mike Lester and Dan Devlin
(717) 783-3227
CORRECTIONS
Revisions to regulations governing the Department, 37 Pa. Code Chapters 91, 93 and 94 Winter, 2005 as final The regulations will be revised to eliminate unnecessary regulations and to ensure that the Department's regulations are consistent with current legal standards concerning prison administration and operation. The legal basis for the action is found at Section 506 of the Administrative Code of 1929, 71 P. S. § 186, which grants the Secretary of Corrections the authority to prescribe regulations for the Department that are not inconsistent with law. John S. Shaffer, Ph.D.
(717) 975-4868
Revisions to regulations governing county correctional facilities, 37 Pa. Code Chapter 95. Spring, 2005 as proposed The regulations will be revised to eliminate unnecessary regulations and modernize necessary regulations. The legal basis for the action is found at Section 506 of the Administrative Code of 1929, 71 P. S. § 186, which grants the Secretary of Corrections the authority to prescribe regulations for county correctional institutions that are not inconsistent with law. Jill C. Fluck
(717) 975-4860
EDUCATION
Higher Education General Provisions
22 Pa. Code, Chapter 31
January 2005, as proposed. These regulations are necessary to establish procedures for the approval and operation of institutions of higher education in the Commonwealth. Specific revisions are necessary to clarify the intent of the chapters, modify the timeframe during which new institutions must achieve accreditation, update provisions for library and learning resources, address policies for marketing credit cards on campuses and amend regulations to accommodate for-profit baccalaureate and higher education. These regulations are promulgated under authority of the Public School Code of 1949. 24 P. S. §§ 1-101--27-2702. Jim Buckheit
(717) 787-3787
 
or
 
William Larkin
(717) 787-5041
Higher Education - Foreign Corporation Standards, Institutional Approval, Program Approval
22 Pa. Code, Chapters 36, 40 & 42
July 2005, as proposed. These regulations are necessary to establish procedures for the approval and operation of out-of-state institutions of higher education currently operating or seeking to operate programs in the Commonwealth. They are also necessary to establish procedures for the approval and operation of independent two-year college, college, seminary or university, or for status as a State System, State-related or State-aided institution for the purposes of awarding college credits and granting degrees. They are also necessary to establish procedures for Specialized associate degree programs at a licensed trade, business, correspondence or beauty culture school which is chartered or established by statute in this Commonwealth; additional programs at a chartered two-year college, college or university which lead to degrees and which have not had prior approval consistent with the articles of incorporation; upper division undergraduate programs at junior or community colleges; additional programs of a foreign corporation approved to operate at a specific site in this Commonwealth; and, vocational educational programs at institutions desiring approval for State/Federal money allotted for vocational education. Jim Buckheit
(717) 787-3787
 
or
 
William Larkin
(717) 787-5041
Certification of Professional Personnel
22 Pa. Code, Chapter 49
February 2005, as proposed. Revisions to these regulations are necessary to incorporate provisions of Act 48 of 1999, which requires continuing professional development for all certificated educators. Jim Buckheit
(717) 787-3787
 
or
 
William Larkin
(717) 787-5041
General Vocational Education Standards
22 Pa. Code, Chapter 339
July 2005, as proposed. A revision of Chapter 339 is necessary to assist schools in developing, funding and maintaining programs that will provide the Commonwealth with a competent workforce. Discussions with the State Board of Vocational Education, as well as practitioners in that field, will be initiated to revise these standards. These regulations are promulgated under the authority of the Pennsylvania School Code, Article 18, regarding Vocational Education, and section 2502.8, regarding Vocational Education Funding. These standards are also provided for under Chapter 4 of Title 22 of the Pennsylvania Code, section 4.32(a). Jim Buckheit
(717) 787-3787
 
or
 
Lee Burket
(717) 787-5530
Standards for Approved Private Schools
22 Pa. Code, Chapter 171 Subchapters A & B
Fall 2005, as proposed. These standards define the elements of Approved Private Schools and the Chartered Schools (schools for the deaf and blind). These standards contain general provisions and allowable expenses and costs. The standards are promulgated under the Authority of the Public School Code of 1949, as amended, PL 30, No. 14, March 16, 1949, P. S. Section 1--101, et. Seq. The revised standards will reflect the changes in Chapter 14 and IDEA. John Tommasini
(717) 783-6134
Regulations of the State Board of Private Academic Schools
22 Pa. Code, Chapters 51, 53, 55, 57, 61 and 63
The Board has informally discussed revision of the regulations, received public input and is reviewing that input with the Department to determine appropriate next steps. These regulations define the requirements for obtaining licensure as a Private Academic School. The Board plans to update the regulations, which were promulgated in 1988. The regulations are promulgated under the Authority of the Private Academic Schools Act (24 P. S. section 6701 et. Seq.) Mary Ramirez
(717) 783-3755
Academic Standards and Assessment,
22 Pa. Code, Chapter 4
February 2005, as proposed These regulations outline state academic standards that public schools must provide instruction to bring students up to proficiency and also provides for the Pennsylvania System of School Assessment, high school graduation requirements and requirements for credentials other than the high school diploma Jim Buckheit
(717) 787-3787
 
or
 
Sarah Pearce
(717) 787-4860
Regulations of the State Board of Private Licensed Schools
22 Pa. Code, Chapter 73
January 2005, as final. These regulatory changes reduce the records requirements for schools, amend the definition of seminar to remove reference to entry level training, requires attendance at an orientation seminar prior to submission of an application for licensure, authorizes the Board to reject applications for licensure or program approval if the names of the school or the programs are misleading, mandates the maintenance of a surety bond throughout the period of licensure, requires payment of program application fees if more than one program is submitted with a new license application, and provides clarification of wording and policy. Patricia Landis
(717) 783-8228
Regulations of the State Board of Private Licensed Schools
22 Pa. Code, Chapter 73
Accepted by Board on November 4, 2004. April 2005, as proposed. These regulatory changes increase the minimum surety for schools, eliminate ''Demonstrated Competency'' as an instructor qualification, clarifies that violations of the ethics statement are enforceable, clarify last date of attendance for refund purposes, and eliminate tiered fines, setting the fine for all violations at the statutory maximum of $1000. Patricia Landis
(717) 783-8228
EMERGENCY MANAGEMENT AGENCY
No regulations being developed or considered at this time.
ENVIRONMENTAL HEARING BOARD
PA Code Title 25 Chapter 1021 Practice and Procedure The Environmental Hearing submitted a rules package to the Office of General Counsel on October 14, 2004 and submitted an amended rules package on November 17, 2004. The Environmental Hearing Board Rules Committee has recommended the following revisions to the Board's rules of practice and procedure: 1) 1021.2 (Definitions) - Amend the definition of ''Department'' from ''Department of Environmental Resources'' to ''Department of Environmental Protection'' to reflect the agency's current title, and to add ''and other agencies, boards and commissions'' to reflect the fact that decisions of certain entities other than the Department of Environmental Protection are statutorily appealable to the Environmental Hearing Board. 2) 1021.32(a) (Filing)--Amend to allow parties to file documents in the Board's Pittsburgh office. 3) 1021.34(b) (Service by a party)--Amend to require service on other parties by overnight delivery where filing with the Board is by overnight mail or personal service. 4) 1021.104 (Prehearing memorandum)--Amend to require that copies of exhibits be attached to the prehearing memorandum as well as ''such other information as may be required in the Board's orders.'' 5) 1021.53 (Amendments)--Allow for the amendment of complaints and allow a more lenient standard for amending notices of appeal. 6) 1021.51(g)-(j) (Commencement, form and content)--Amend who receives notice of a notice of appeal and who is named as an automatic party. 7) 1021.91-95 (Motions)--Create a new and separate rule for summary judgment motions. 8) 1021.141 (Termination of proceedings)--Correct typographical errors. 9) 1021.101(a) (Prehearing procedure)--Eliminate the bifircation of expert and non-expert discovery, and change certain prehearing deadlines. Mary Anne Wesdock
412-565-5245
ENVIRONMENTAL PROTECTION
Storage, Handling & Use of Explosives
25 Pa. Code, Chapter 211
January 2005 as Proposed-omitted Final Rulemaking This final rulemaking will add provisions for the protection and security of explosives magazines including new definitions, requiring location information security checks, perimeter security and development of a security plan. Mike Steiner
(717) 783-9580
Radiation Protection Program Fees Radiation Protection Act
25 Pa. Code, Chapter 218
April 2005 as proposed This proposal incorporates an automatic Consumer Price Index based adjustment to fees currently received from x-ray machine registrants, radioactive material licensees, accelerator licensees and x-ray service providers. Ray Urciuolo
(717) 783-9730
Chapter 245--Storage Tank Amendments Storage Tank and Spill Prevention Act
25 Pa. Code, Chapter 245
April 2005 as proposed With the exception of Subchapter D (Corrective Action Process), this proposal represents comprehensive amendments to all other aspects of the Storage Tank and Spill Prevention Program provisions of Chapter 245, which was last updated in 1997. Ray Powers
(717) 772-5809
Newtown Creek Redesignation Package Clean Streams Law
25 Pa. Code, Chapter 93
April 2005 as proposed This proposal identifies seven streams (Pine Run, Clearfield County; Indian Spring Run, Chester and Lancaster Counties; Lizard Creek, Carbon County; Indian Creek, Fayette County; Messenger Run, Warren County; Newtown Creek, Bucks County; and Stone Creek, Bedford County) that should be redesignated to provide the correct aquatic life use designation in the water quality standards for these Commonwealth lakes. Bonita Moore
(717) 772-4462
Concentrated Animal Feeding Operations (CAFO) and Other Livestock Agricultural Operations Clean Streams Law
25 Pa. Code, Chapters. 92.5a, 91 and 92
April 2005 as final The CAFO regulations are being revised in response to the recently enacted Federal CAFO Final Rule, which established mandatory requirements for all CAFOs to apply for an NPDES permit and to develop and implement a nutrient management plan. The new effluent guidelines establish performance expectations for existing and new sources to ensure appropriate storage of manure, as well as expectations for proper and effective manure and wastewater management, including compliance with the Effluent Limitation Guidelines. Cedric Karper
(717) 783-7577
Bond Adjustment and Bituminous Mine Subsidence Control and Standards
25 Pa. Code, Chapters 86 and 89
April 2005 as final This rulemaking amends Section 86.152(a) to require DEP to request additional bonds if changes to mining or reclamation activities cause the cost of reclamation to increase. It also amends Chapter 89 provisions dealing with subsidence control plans, subsidence control performance standards, relief from responsibility for subsidence damage, water supply replacement performance standards, and procedures for resolving both subsidence claims and water supply damage claims. Harold Miller
(717) 787-3174
Noncoal Permits and Performance Standards Amendments
25 Pa. Code, Chapter 77
May 2005 as proposed This rulemaking will amend Chapter 77 to clarify noncoal mine permit application requirements and performance standards. It will also correct grammatical errors and terminology. Mick McCommons
(717) 783-9888
Hazardous Waste Delisting
25 Pa. Code, Chapter 261a
June 2005 as final MAX Environmental Technologies, Inc. (MAX) submitted a petition to the EQB that requests the delisting of hazardous waste (K061) Electric Arc Furnace Dust (EAFD) from steel production. EAFD is treated at MAX's Yukon, PA facility. The Department is proposing to exclude (delist) MAX's treated EAFD from the lists of hazardous wastes contained in 40 CFR Subpart D of Part 261. The lists are incorporated by reference in Pennsylvania's hazardous waste regulations. Rick Shipman
(717) 787-9495
Lake Redesignations Package Clean Streams Law
25 Pa. Code, Chapter 93
June 2005 as final. This proposal identifies three lakes (Blue Marsh Reservoir, Berks County; Lake Luxembourg, Bucks County; Walker Lake, Snyder County) that should be redesignated to provide the correct aquatic life use designation in the water quality standards for these Commonwealth lakes. Robert Frey
(717) 783-2959
Laboratory Accreditation Regulations Environmental Laboratory Accreditation Act
25 Pa. Code, Chapter 252
July 2005 as final Authorized by Act 90 of 2002 (The Environmental Laboratory Accreditation Act), this proposal will establish standards for laboratories and set forth requirements laboratories must meet to be accredited. Richard Sheibley
(717) 705-2425
Air Quality Miscellaneous Amendments Air Pollution Control Act
25 Pa. Code, Chapter 127
July 2005 as proposed This rulemaking will amend provisions related to temporary operating permit duration, public notice and fee provisions. Terry Black
(717) 787-2030
New Chapter 301 Operator Certification Regulations Water and Wastewater Systems Operators' Certification Act
25 Pa. Code
September 2005 as proposed This proposal will implement the provisions of Act 11 of 2002, the Water and Wastewater Systems Operators' Certification Act which restructures the testing and training program for operators and enhances security provisions for all water and wastewater treatment systems in Pa. Veronica Kasi
(717) 772-4053
Water Replacements and Bonding Incentives Surface Mine Conservation and Reclamation Act
25 Pa. Code, Chapters 87 & 88
September 2005 as proposed The rulemaking will amend Chapters 87 and 88 relating to water rights and replacement to clarify regulatory language consistent with federal regulations. It will also delete the requirement that additional funds from the Remining Financial Assurance Fund be used to complete reclamation of forfeited mine sites if the actual cost of reclamation exceeds the amount reserved in the fund. Mick McCommons
(717) 783-9888
Chapter 109--Safe Drinking Water Act
25 Pa. Code, Chapter 109
October 2005 as proposed This general update will revise several sections in Chapter 109 to retain or obtain primacy, including monitoring/reporting requirements for lead, copper, inorganic chemicals, volatile synthetic organic chemicals, and synthetic organic chemicals. Other sections will be clarified, such as QA/QC requirements for on-line instrumentation; monitoring/reporting requirements for disinfectants and disinfection byproducts; requirements regarding the practice of engineering, land surveying and geology; reporting requirements for failure to monitor; and comprehensive monitoring plan requirements. Lisa Daniels
(717) 772-2189
Chapter 85--Bluff Recession and Setback Amendments Bluff Recession and Setback Act
25 Pa. Code, Chapter 85
November 2005 as proposed A proposal is being developed to update Chapter 85 based on a recently completed bluff study that resulted from a petition submitted by the Millcreek Township Board of Supervisors, Erie County. Andrew Zemba
(717) 772-5633
New Source Review Air Pollution Control Act
25 Pa. Code
Contingent on outcome of pending litigation and EPA action The Department's existing new source review (NSR) regulations will be amended to clarify existing requirements and to develop an approvable ''equivalency'' demonstration as a revision to the State Implementation Plan Terry Black
(717) 787-2030
Action by the State Conservation Commission
Nutrient Management
25 Pa. Code, Chapter 83
April 2005 as final The State Conservation Commission proposes to revise the current nutrient management regulations affecting concentrated animal operations based on advances in the sciences of agronomics and manure management, as well as public concerns with livestock agriculture. Doug Goodlander
(717) 787-8821

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