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PA Bulletin, Doc. No. 96-49


Six-Month Regulatory Agenda:  January--June 1996

[26 Pa.B. 197]

   The Department of Environmental Protection (DEP) announces its 6-month regulatory agenda. This agenda will be published biannually and will list those proposed and final regulations which DEP is likely to forward to the Environmental Quality Board (EQB) for consideration in the approaching 6-month period.

   The 6-month regulatory agenda for January through June 1996 includes these items:


   Act 149 Sewage Facilities Amendments--The second of two rulemakings to address Act 149 amendments, this proposal would offer local agencies incentives by increasing reimbursement for qualifying municipalities to administer onlot system permitting programs and delegating the new land development planning program to local agencies. The proposal includes several exemptions and waivers from current requirements and makes numerous changes to local agency permitting procedures. DEP is working with the Sewage Advisory Committee to develop this rule.

   Conformity of General Federal Activities--This proposal would adopt EPA's General Conformity rule by reference. Under this Federal rule, departments, agencies or instrumentalities of the Federal Government are not permitted to engage in, support in any way or provide financial assistance for, license or permit, or approve any activity which does not conform to an applicable State Implementation Plan (SIP). The intent of integrating Federal actions with air quality planning is to protect the integrity of the Commonwealth's SIP by helping to ensure that SIP growth projections are not exceeded, emission reductions progress targets are achieved, and air quality attainment and maintenance efforts are not undermined. DEP is working with the Air and Water Quality Technical Advisory Committee to develop this rule.

   Open Market Trading Program for VOCs and NOx--This is a proposed alternative compliance regulation proposed by EPA which would allow states to adopt open market emission trading programs without having to undergo revision to their State Implementation Plans (SIPs), thereby making compliance easier. Sources would be able to generate emission credits through discrete emission reductions. DEP is working with the Air and Water Quality Technical Advisory Committee to develop this rule.

   Storage Tank Technical Standards--This proposal represents the final major new rulemaking for implementation of Pennsylvania's storage tank program. The rulemaking consists of minor revisions to Chapter 235, Subchapter A, and additions of Subchapters C, E, F and G, dealing with permitting, underground technical standards, aboveground technical standards and a simplified program for small aboveground tanks. DEP is working with the Storage Tank Advisory Committee to develop this rule.

   Universal Waste Rule--This proposal would amend the hazardous waste regulations and govern collection and management of certain widely generated wastes identified as universal wastes. Regulatory controls placed on certain hazardous wastes would be reduced to encourage recycling. DEP is working with the Solid Waste Advisory Committee to develop this rule.

   Corrections to Drainage Lists--This proposal would contain a number of stream redesignations, including petitioned streams such as French Creek (Chester County), Sutton Creek (Luzerne County), Cove Creek (Bedford County), Cedar Run and Slate Run (Tioga and Lycoming Counties), and Trout Run (York County). It also contains minor corrections to drainage lists.

   Amendment to Chapter 285.147--This proposal would make several changes to the municipal waste regulations concerning labeling requirements for infectious and chemotherapeutic waste. The proposal was initiated by DeRoyal Industries, Inc., of Knoxville, Tennessee, who petitioned the EQB to allow labeling in lieu of color requirements for containers. DEP is working with the Solid Waste Advisory Committee to develop this rule.


   Stream Redesignations--Pine and Elk Creeks--This proposal will provide Special Protection status for the Pine and Elk Creek Watersheds in Centre County. The streams were studied in response to a petition submitted by the Penns Valley Conservation Association. It was published for public review on December 3, 1994, and a public hearing was held in January 1995.

   Stream Redesignations--Tinicum Creek, et al.--Eleven streams were studied in this proposal. Five streams--Tinicum, Unami, Pine, Sideling Hill, and Lofty Creeks--were studied as a result of petitions. With the exception of Lofty Creek, which was recommended to retain its current designation of Cold Water Fishes, all streams would be provided Special Protection status. It was published for public review on August 5, 1995.

   Stream Redesignations--Kettle Creek, et al.--This proposal would upgrade several streams in Clinton, Centre, Dauphin, Blair and McKean Counties to High Quality or Exceptional Value status. None of the streams were studied as a result of a petition. It was published for public review on September 9, 1995.

   Sewage Amendments--The first of two rulemakings to implement Act 149 amendments, this proposal addresses the 10-acre permit exemption and a process to resolve disputes involving mottled soils, as well as other provisions. It was published for public review on August 5, 1995. DEP is working with the Sewage Advisory Committee to finalize this rule.

   Municipal and Residual Waste/Sewage Sludge--This proposal amends the municipal waste regulations by adding Subchapters I and J to Chapter 271, providing for the issuance of general permits for the beneficial use or processing of municipal waste/sewage sludge. The proposal also amends the residual waste regulations to provide consistency in the implementation of general permits between the two programs. It was published for public review on October 1, 1994. DEP is working with the Solid Waste Advisory Committee to finalize this rule.

   The Department will add and delete items from the agenda in order to help keep the public informed on items likely to be considered. In addition, the Department will add initiatives developed through the Regulatory Basics Initiative to this agenda as they are being developed.

   To inquire about the status of these items, contact Barbara Sexton, Regulatory Coordinator, at (717) 783-1303 or e-mail:

   Draft regulations, advisory committee meetings and other information related to the development of regulation changes can be found in the Public Participation Center on DEP's World Wide Web site at:


[Pa.B. Doc. No. 96-49. Filed for public inspection January 12, 1996, 9:00 a.m.]

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