[32 Pa.B. 670]

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Regulation Being Considered	Proposed Date of Promulgation	Need and Legal Basis for Action	Agency Contact
ENVIRONMENTAL HEARING BOARD
Pa. Code Title 25 Chapter 1021 Practice and Procedure	April 2002, as final	Proposed rulemaking number 106-6 relates to the following: 1)  electronic filing and service of legal documents; 2)  withdrawal of appearance by counsel; 3)  number of copies of documents to be filed with the Board; 4)  attachment of proposed orders to motions and responses; 5)  discovery; 6)  reconsideration; and 7)  composition of the certified record on appeal to the Commonwealth Court. In addition, the Board is proposing a reorganization of its rules of practice and procedure in order to make the rules more user-friendly for practitioners before the Board . The proposed rulemaking was published in the Pennsylvania Bulletin on November 10, 2001. On January 10, 2002, the Independent Regulatory Review Commission proposed minor changes regarding the clarification of the definitions of ''electronic filing'' and ''registration statement.''	Mary Anne Wesdock (412) 565-5245
ENVIRONMENTAL PROTECTION
Stream Redesignations--Little Bush Kill, et al. Clean Streams Law	February 2002 as final	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 (PFBC) requested evaluations 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 717-787-9637
Stream Redesignations--Class A Wild Trout Streams Clean Streams Law	July 2002 as final	Nearly 70 streams were evaluated in response to a request from the PFBC under Section 93.4b of DEP's antidegradation regulations, which includes in subsection (a)(2)(ii) that a surface water designated as a Class A wild trout stream by the PFBC following public notice and comment qualifies for HQ designation. DEP independently reviewed the trout biomass data in the PFBC reports for these streams to ensure that the Class A criteria were met. A 45-day public comment period on the proposed rulemaking closed January 22, 2002.	Bob Frey, 717-787-9637
Stream 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 PFBC or DEP staff. DEP publishes a notice of assessment in the Pennsylvania Bulletin and local newspapers 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 Water Supply and Wastewater Management 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 as proposed rulemaking either individually or as part of a group of streams.	Bob Frey 717-787-9637
Stream Redesignations--Oysterville Creek, et al. Clean Streams Law	February 2002 as proposed	This stream redesignation package includes six streams or segments that were evaluated for redesignation as HQ or EV Waters. Oysterville Creek and a portion of the West Branch Perkiomen Creek (Berks Co.) were petitioned by the Berks County Conservancy and District Township. Two private citizens submitted a rulemaking petition for Trout Run (York Co.). Another private citizen petitioned for the redesignation of an unnamed tributary to Chester Creek (Delaware Co.). Rambo Run (York Co.) was evaluated in response to a request from the PFBC. The lower reaches of Cove Creek (Bedford Co.), previously petitioned by Friends of Cove Creek, was restudied based on DEP's recent change to the Percent Dominant Taxon biological metric used in HQ/EV evaluations. A 45-day public comment period will be recommended.	Robert Frey 717-787-9637
Stream Redesignations--Brushy Meadow Creek, et al. Clean Streams Law	August 2002 as proposed	This stream redesignation package includes 13 streams or segments that were evaluated for redesignation as Cold Water Fishes (CWF), HQ or EV Waters. Brushy Meadow Creek in Northampton County was evaluated due to a request from DEP's Northeast Regional Office and the PFBC. Crum Creek in Chester and Delaware Counties, Frya Run in Northampton County, and Green Lick Run in Fayette County were evaluated as a result of petitions. Hay Creek in Berks County was evaluated due to public concern following a 1999 final rulemaking that resulted in an EV designation in portions of Hay Creek. The Little Juniata River in Blair and Huntingdon Counties and Spring Creek in Dauphin County were evaluated due to a request from DEP's Southcentral Regional Office. Pine Creek in Crawford and Warren Counties and Dunbar Creek in Fayette County were evaluated due to requests from the PFBC. In addition, four streams not currently listed in Chapter 93 were evaluated to determine proper use designations. A 45-day public comment period will be recommended.	Bonita Moore 717-787-9637
Chapter 93--Great Lakes Initiative (GLI) Federal Clean Water Act	November 2002 as final	The amendment to Section 93.8a(j) (relating to requirements for the Great Lakes System) consists of the elimination of the words ''except Subpart C'' in the current GLI to provide consistency with the federal guidance promulgated by USEPA on November 15, 2000, for the Great Lakes System. The proposed rulemaking will provide greater protection for the Great Lakes System by eliminating the use of mixing areas for discharges of toxic and persistent chemicals knows as bioaccumulative chemicals of concern (BCCs). Examples of BCCs are mercury, PCBs and dioxin. The proposed rulemaking was published on January 26, 2002, with a 45-day public comment period. The Water Resources Advisory Committee (WRAC) will review the draft final rulemaking.	Carol Young 717-783-2952
Chapter 96--Water Quality Standards Implementation Clean Streams Law	November 2002 as final	Chapter 96 is amended to make the application of the sulfate and chloride criteria consistent with that already provided for total dissolved solids, nitrate, phenol and fluoride under Section 96.3(d). The proposed rulemaking was published on January 26, 2002, with a 45-day public comment period and a public hearing to be held February 26 in Harrisburg. WRAC will review the draft final rulemaking.	Carol Young 717-783-2952
Chapter 109--Safe Drinking Water Amendments (Public Notification/Consumer Confidence Report) Safe Drinking Water Act	May 2002 as final	These amendments incorporate 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. The Small Water Systems Technical Assistance Center (TAC) and WRAC will review the draft final rulemaking.	Lisa Daniels 717-772-2189
Radionuclides Rule Safe Drinking Water Act	November 2002 as proposed	This proposal will amend Chapter 109 to incorporate the provisions of the recently-published federal Radionuclides Rule, which establishes a new Maximum Contaminant Level (MCL) for uranium and retains the current existing MCLs for gross alpha, combined radium-226/228 and beta and photon activity and establishes new monitoring requirements. The Radionuclides Rule applies to community water systems and does not include radon. WRAC and TAC will review drafts of the proposed amendments. A 30-day public comment period will be recommended.	John Wroblewski 717-772-4018
Filter Backwash Recycling Rule Safe Drinking Water Act	November 2002 as proposed	This proposal will amend Chapter 109 to incorporate the provisions of the recently-promulgated federal Filter Backwash Recycling Rule, which governs the recycling of the filter backwash water within the treatment process of public water systems (PWSs). The Rule will apply to all PWSs that use a surface water source or groundwater under the direct influence of surface water, utilize direct or conventional filtration and recycle spent filter backwash water, sludge thickener supernatant or liquids from dewatering processes. WRAC and TAC will review drafts of the proposed amendments. A 30-day public comment period will be recommended.	John Wroblewski 717-772-4018
Arsenic Rule Safe Drinking Water Act	November 2002 as proposed	This proposal will lower the MCL for arsenic from 0.05 mg/L to 0.01 mg/L at public water systems in order to eliminate or minimize the harmful health effects that are caused by arsenic. The proposed Arsenic Rule will affect all community water systems (approximately 2,190) and nontransient noncommunity water systems (approximately 1,280) in Pennsylvania. WRAC and TAC will review drafts of the proposed amendments. A 30-day public comment period will be recommended.	John Wroblewski 717-772-4018
Microbial and Disinfection Byproducts (M/DBP) Corrective Amendments Safe Drinking Water Act	November 2002 as proposed	This proposal will amend various provisions of the recently-promulgated Interim Enhanced Surface Water Treatment Rule (IESWTR) and the Disinfectants and Disinfection Byproducts Rule (D/DBPR) for either clarification or to ensure consistency with federal regulations. The IESWTR and the D/DBPR were published in the Pennsylvania Bulletin on July 21, 2001. WRAC and TAC will review drafts of the proposed amendments. A 30-day public comment period will be recommended.	John Wroblewski 717-772-4018
Chapter 105--Dam Safety and Waterway Management Clean Streams Law; Dam Safety and Encroachments Act	December 2002 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.	Ken Reisinger 717-787-6827
Chapter 245--Storage Tank Amendments Storage Tank and Spill Prevention Act	September 2002 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. The amendments have been identified through implementation of the program over the past five years. In addition, a general review of Chapter 245--which is necessary to obtain state program authorization for the underground storage tank program from the USEPA--occurred in the past year, and this review identified other potential revisions. The Storage Tank Advisory Committee (STAC) will review the draft amendments.	Ray Powers 717-772-5551
Amendments to the Hazardous Waste Regulations Solid Waste Management Act; Clean Streams Law	August 2002 as final	This proposal includes minor modifications 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. A 30-day public comment period on the proposed rulemaking closed on January 14, 2002. The Solid Waste Advisory Committee (SWAC) will review a draft of the final rulemaking.	Rick Shipman 717-787-6239
Provisions for the Management of Safe Fill Solid Waste Management Act; Clean Streams Law; Land Recycling and Environmental Remediation Standards Act	December 2002 as final	This proposal revises Chapter 287 of the residual waste regulations to address the unrestricted use of uncontaminated soil, including rock and stone, as safe fill provided that the soil has not been subject to a spill or release and there are no visible staining, odors or other sensory nuisances associated with the soil. The current definition of ''clean fill'' would be replaced with a new definition for ''safe fill.'' The proposal will also include permit-by-rule requirements allowing restricted use of contaminated soils resulting from urbanization, pesticide use in fruit orchards, historic fill materials and Act 2 remediated soils. The proposed rulemaking was published February 2, 2002, with a 60-day public comment period and 3 public meetings and 3 public hearings. SWAC will review the draft final rulemaking.	William Pounds 717-787-7381
Prohibition on Open Burning of Recyclable Materials Air Pollution Control Act	May 2002 as proposed	This proposal will 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 have curbside recycling programs. The Air Quality Technical Advisory Committee (AQTAC) reviewed a draft of the proposal.	Terry Black 717-787-9495
Architectural and Industrial Maintenance (AIM) Coatings Air Pollution Control Act	September 2002 as final	This proposal will set specific volatile organic content (VOC) limits in grams/liter for 46 categories of AIM coating and require compliance by January 1, 2005. Compliance with these new limits would be reached through either reformulating products or substituting products with compliant coatings that are currently on the market. A 69-day public comment period on the proposed rulemaking concludes February 22, 2002. AQTAC will review the draft final rulemaking.	Terry Black 717-787-9495
Control of NOx from Cement Kilns and Stationary Internal Combustion Engines Air Pollution Control Act	September 2002 as proposed	This proposal will establish a program to limit the emissions of oxides of nitrogen (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 an earlier rulemaking, but will be re-proposed for additional public comment. NOx emission reductions are needed to help achieve ozone health-based standards in the eastern United States. AQTAC will review a draft of the proposal.	Dean Van Orden 717-787-9495
Portable Fuel Containers Air Pollution Control Act	July 2002 as final	This proposal is part of Pennsylvania's strategy to attain and maintain the one-hour National Ambient Air Quality Standard (NAAQS) for ozone. Based on the Ozone Transport Commission rule and the California Air Resources Board (CARB) program, the proposal will control VOC emissions from portable fuel containers by establishing permeability requirements designed to reduce the loss of gasoline through fuel container walls. The proposal also reduces gasoline loss due to spillage by adding ''no-spill'' fill spout requirements. Manufacturers will be responsible for developing and distributing compliant products for sale in Pennsylvania by January 1, 2003. The proposal does not affect portable fuel containers currently in use. A 67-day public comment period on the proposed rulemaking closed January 16, 2002. AQTAC will review the draft final rulemaking.	Terry Black 717-787-9495
Consumer Products Air Pollution Control Act	July 2002 as final	This proposal is also part of Pennsylvania's strategy to attain and maintain the NAAQS for ozone. This proposal will set specific VOC content limits for approximately 80 consumer product categories, and it will apply more stringent VOC content limits than the Federal rule. The compliance date for the limits would be January 1, 2005. Manufacturers would ensure compliance with the limits by reformulating products and substituting products with compliant products that are currently available. The proposal will include some flexibility options. A 67-day public comment period on the proposed rulemaking closed January 16, 2002. AQTAC will review the draft final rulemaking.	Terry Black 717-787-9495
Emission Limits for Heavy-Duty Highway Diesel Vehicles Air Pollution Control Act	March 2002 as final	This proposal adopts 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 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 that would maintain the lower emission standards for 2005 and 2006 model year engines. AQTAC reviewed the draft final rulemaking.	Arleen Shulman 717-787-9495
Small Sources of NOx Air Pollution Control Act	April 2002 as proposed	The states in the Ozone Transport Region (OTR) have evaluated a number of NOx control strategies and developed draft model regulations that will help address the emission reduction shortfalls identified by EPA for three ozone nonattainment areas. This proposal would achieve NOx reductions from small sources that are not included in the Chapter 145 NOx reduction program. Many portions of the draft model regulation developed by the OTR are based on states' Reasonably Available Control Technology (RACT) rules. The 1996 Southeast Pennsylvania Stakeholders Working Group also recommended similar controls on a subset of these sources. AQTAC will review a draft of the proposal.	Dean Van Orden 717-787-9495
New 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 (ERCs). 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 ERCs and the use of an ''area wide'' plant-wide 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 717-787-9495
Chapters 86-88 and 90--Coal Mine Permits/Road Requirements Surface Mine Conservation and Reclamation Act; Coal Refuse Disposal Control Act; Clean Streams Law	February 2002 as final	The amendments modify Chapters 86, 87, 88 and 90 for clarity and consistency with federal regulations. The changes relate to criteria for approval/denial of coal mine permits and to requirements concerning coal mine roads at surface coal mines and coal refuse disposal operations. The Mining and Reclamation Advisory Board (MRAB) reviewed the draft final rulemaking.	Nevin Strock 717-787-6842
Chapter 86--Coal Mining Amendments Surface Mine Conservation and Reclamation Act	February 2002 as proposed	This proposal adds new § 86.6 to clarify existing statutory requirements and ensure the regulations are no more stringent than federal requirements. This amendment provides an exemption to the regulatory requirements for coal extraction incidental to federal, state and local government-financed highway construction and reclamation projects. The exemption currently exists in Pennsylvania's Surface Mine Conservation and Reclamation Act. Other changes involve the areas unsuitable for mining program in §§ 86.37(a)(5)(i) and 86.123(a). These amendments are proposed based on a recent law suit to clarify that a person may submit an application for a surface mining permit for an area designated unsuitable for mining, and that the application will be processed as a petition to terminate the existing designation.	Evan Shuster 717-783-9888

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