[33 Pa.B. 3186]

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Regulation Being Considered	Proposed Date of Promulgation	Need and Legal Basis for Action	Agency Contact
ENVIRONMENTAL PROTECTION
Stream Redesignation--Browns Run Clean Streams Law	July 2003 as final	This proposal would redesignate portions of the Browns Run basin in Warren County as Exceptional Value (EV) Waters based on specific segments of the basin meeting the biological test for EV designation as specified by the antidegradation regulations in 25 Pa. Code Chapter 93. The segments include the Browns Run basin from the source to Dutchman Run; the Dutchman Run basin from the source to the T-413 crossing in Mead Township; the basin of Unnamed Tributary 56502; and the Morrison Run basin. The remainder of the basin would retain the current Cold Water Fishes designation. Browns Run was studied at the request of the Pa. Fish and Boat Commission. The proposed rulemaking was published on May 5, 2001, with a public comment period that was open until June 19, 2001. During the public comment period, the EQB received requests to conduct a public hearing on the proposed redesignation. As a result of these requests, a public hearing was held on September 4 in Warren, and the public comment period was extended through September 11, 2001.	Bob Frey 717-783-2959
Triennial Review of Water Quality Standards Clean Streams Law	July 2003 as proposed	This proposal will include amendments to Chapter 93 to correct errors, update stream listings, and amend the dissolved oxygen (DO) criteria in some lakes. EPA regulations require the triennial review of states' water quality standards regulations. The previous triennial review was completed when EPA approved the state's regulations in August 2001. The Water Resources Advisory Committee (WRAC) reviewed the draft amendments.	Carol Young 717-783-2952
Radiological Health Amendments Radiation Protection Act	July 2003 as proposed	This proposal is largely a set of housekeeping amendments that will correct cross-references among the 16 chapters that encompass Title 25, Article V (Radiological Health). It also proposes to make minor adjustments and clarifications to the incorporated-by-reference NRC provisions; the new fee structure as it applies to professional fees, general licenses, multiple sites and small business; and training for radiographers. In addition, regulations pertaining to control and transportation of radiation sources will also be addressed in light of the events of September 11. Lastly, healing arts screening requirements will be updated and clarified in response to health concerns associated with computed tomography (CT) screening technology. The Radiation Protection Advisory Committee (RPAC) reviewed the draft amendments.	Ray Urciuolo 717-783-5922
Chapters 86 and 89--Bond Adjustment and Bituminous Mine Subsidence Control and Standards Surface Mining Control and Reclamation Act	July 2003 as proposed	This proposal will amend 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. The rulemaking will amend Chapter 89 provisions dealing with subsidence control plans, subsidence control performance standards, procedures for resolving subsidence damage claims, relief from responsibility for subsidence damage, water supply replacement performance standards, and procedures for resolving water supply damage claims. These amendments are proposed as a result of a series of negotiation meetings with OSM in order for DEP to maintain primacy for the coal mining regulatory program.	Harold Miller 717-787-3174
Architectural and Industrial Maintenance (AIM) Coatings Air Pollution Control Act	July 2003 as final	This proposal sets specific volatile organic content (VOC) limits in grams/liter for 48 categories of AIM coatings and requires 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 concluded February 22, 2002. Three public hearings were held during the public comment period. The Air Quality Technical Advisory Committee (AQTAC) reviewed the draft final rulemaking.	Terry Black 717-787-2030
Chapter 86--Coal Mining Amendments Surface Mine Conservation and Reclamation Act	September 2003 as final	This proposal adds new Section 86.6 to clarify existing statutory requirements and to 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 or other construction and reclamation projects. The exemption currently exists in Pennsylvania's Surface Mine Conservation and Reclamation Act. A 45-day public comment period closed on June 18, 2002. The Mining and Reclamation Advisory Board (MRAB) reviewed the draft final rulemaking.	Nevin Strock 717-787-6842
Chapter 207--Underground Noncoal Mines General Safety Law	September 2003 as final	This proposal consolidates 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 address effective safety practices in noncoal mines based on changes in the industry and DEP's administration of the program. The proposal incorporates by reference the U.S. Mine Safety and Health Administration's (MSHA) regulations found at 30 CFR Part 57 and includes provisions to address certification of foremen as well as the licensing and duties of blasters. A 60-day public comment period on the proposed rulemaking closed February 6, 2002.	Richard Stickler 724-439-7469
Radionuclides Rule Safe Drinking Water Act	December 2003 as final	This proposal amends 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. The EQB adopted the proposal on 12-17-02. A 30-day public comment period on the proposed rulemaking closed April 7, 2003. WRAC and the Small Water Systems Technical Assistance Center Board (TAC) will review the draft final amendments.	John Wroblewski 717-772-4018
Filter Backwash Recycling Rule Safe Drinking Water Act	December 2003 as final	This proposal amends 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. The EQB adopted the proposal on 12-17-02. A 30-day public comment period on the proposed rulemaking closed on April 7, 2003. WRAC and TAC will review the draft final amendments.	John Wroblewski 717-772-4018
Chapters 301-305--Operator Certification Regulations Water and Wastewater Systems Operators' Certification Act	December 2003 as proposed	This proposal will revise or eliminate Chapters 301, 303 and 305 (the State Board for Certification of Sewage Treatment Plant and Waterworks Operators) to implement the provisions of Act 11 of 2002, the Water and Wastewater Systems Operators' Certification Act. The Act restructures the testing and training program for operators and enhances security provisions for all water and wastewater treatment systems in PA. The proposal will outline the administrative procedures and standards for implementing the new statutory requirements. The Certification Program Advisory Committee, the State Board for Certification of Water and Wastewater Systems Operators, and the Small Water Systems TAC will review the draft regulations.	Veronica Kasi 717-772-4053
Chapter 121, 129 and 145 Small NOx, Stationary Internal Combustion Engines and Cement Kilns Air Pollution Control Act	December 2003 as final	This proposal establishes a program to limit NOx emissions from smaller boilers, turbines and stationary internal combustion engines in the southeast portion of Pennsylvania. These controls are needed to attain and maintain the health-based one-hour ozone standard. In addition, the proposal will establish control requirements on a statewide basis for large stationary internal combustion engines and cement kilns. These controls are needed to meet the Commonwealth's remaining obligation to reduce ozone transport throughout the eastern United States. A 60-day public comment period closed December 26, 2002. Three public hearings were held in November 2002. AQTAC will review the draft final regulations.	Dean Van Orden 717-787-1455
Provisions for the Management of Safe Fill Solid Waste Management Act; Clean Streams Law; Land Recycling and Environmental Remediation Standards Act	January 2004 as final	The proposed rulemaking was published February 2, 2002, and sought to revise Chapter 287 of the residual waste regulations, with parallel amendments where applicable to Chapter 271 of the municipal 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 proposed regulations include permits by rule (PBRs) in both Chapters for management of contaminated materials. An Advance Notice of Final Rulemaking (ANFR) will be published in the Pa Bulletin in June 2003 with a 45-day public comment period. The draft final rulemaking contains substantive revisions to the February 2002 proposal, including a more concise definition of ''safe fill,'' with substantive requirements of due diligence, safe fill exceptions and placement along waterways shifted to new sections of the regulations. The PBRs in Section 287.102 have been consolidated and the requirement added that materials may qualify for use when contaminated up to nonresidential statewide health standards (SHS) as opposed to residential SHS. As a result of these higher numeric standards, new requirements have been added to the PBR for proper management of the material. The Solid Waste Advisory Committee (SWAC) will review the draft final rulemaking and comments on the ANFR.	William Pounds 717-787-7381
Concentrated Animal Feeding Operations (CAFO) Program Regulation Amendments-- Chs. 92.5a, 91 and 92 The Clean Streams Law	January 2004 as proposed	These regulations are being revised in response to the recently enacted Federal CAFO Final Rule, which was published in the Federal Register on February 12, 2003. This rule 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. The proposed rulemaking will enhance protection of PA's waters from nutrient over-enrichment and eutrophication, and reduce pathogens in drinking water, including improving the water quality of the Chesapeake Bay. The Agricultural Advisory Board will review the proposed regulations prior to EQB action.	Cedric Karper 717-783-7577
Laboratory Accreditation Regulations Environmental Laboratory Accreditation Act	January 2004 as proposed	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. The regulations will include requirements for laboratory supervisors, staff, management structure, equipment, quality assurance and quality control procedures, recordkeeping procedures and analytical procedures. The Laboratory Accreditation Advisory Committee, established by the Act, is reviewing the draft regulations.	Richard Sheibley 717-705-2425
Chapter 245--Storage Tank Amendments Storage Tank and Spill Prevention Act	March 2004 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 U. S. EPA--occurred in the past year, and this review identified other potential revisions. The Storage Tank Advisory Committee (STAC) is reviewing the draft amendments.	Ray Powers 717-772-5809
Chapter 250--Land Recycling Program Amendments Land Recycling and Environmental Remediation Standards Act	March 2004 as proposed	The proposed amendments will revise several aspects of the existing Chapter 250 regulations based upon updated scientific information. The amendments will also serve to clarify the existing regulations. Collectively, the revision of these regulations will provide additional direction to those undertaking the cleanup of a contaminated site and the cleanup standards they must meet. The Cleanup Standards Scientific Advisory Board (CSSAB) will review the draft amendments.	Dave Hess 717-783-9480
New Source Review Air Pollution Control Act	Contingent on outcome of pending litigation and EPA action	The Department's existing new source review (NSR) 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 also incorporate changes in the Federal NSR requirements as necessary. EPA promulgated NSR regulations on December 31, 2002; however, a number of parties have filed suit against EPA concerning the promulgation of these regulations. This has raised uncertainty of the nature of the final rules. Therefore, the Department plans to delay proceeding with revisions to the existing NSR regulations until the pending litigation with EPA is resolved. Drafts of the proposed regulations will be reviewed by the AQTAC.	Terry Black 717-787-2030
GENERAL SERVICES
Responsibility 4 Pa. Code Chapter 60	Fall, 2003, 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 61	Fall, 2003, as final	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 63	Fall, 2003, as final	This chapter has been superseded and should be repealed because contract conditions should not be set out in regulatory form. There is a need for flexibility that can be of benefit to the Department as well as bidders.	Merle H. Ryan (717) 787-7095
State Art Commission 4 Pa Code, Chapter 65	Fall, 2003, 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, 2004, 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 68	Fall, 2003, as proposed	Executive Order 1996-8 transferred the contract compliance responsibilities to the Department of General Services	Sheri Phillips (717) 783-8720
Methods of Awarding Contracts 4 Pa. Code, Chapter 69	Winter, 2004, 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.	David P. Yarkin (717) 787-5295
Commonwealth Parking Facilities 4 Pa. Code, Chapter 71	Winter, 2004, as proposed	Amendments are required because parking locations have been changed.	Don Santostefano (717) 783-5028
Commonwealth Automotive Fleet 4 Pa. Code, Chapter 73	Winter, 2004, 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.	David P. Yarkin (717) 783-1982
Processing Subscriptions and Sales of Pennsylvania Code and Related Publications 4 Pa. Code, Chapter 81	Winter, 2003, 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.	Sheri Phillips (717) 783-8720
Prequalification 4 Pa. Code, Chapter 60	Summer, 2003, as proposed	Under the authority granted in the Commonwealth Procurement Code, the Department will initiate prequalification of public works contractors for Commonwealth projects. The regulations will provide factors to be considered in determining whether to prequalify contractors as well as provisions for suspending or revoking prequalification if contractors do not comply with prequalification standards.	Jan Matthew Tamanini (717) 787-6789
HEALTH
Testing Blood and Alcohol Specimens Taken From Persons Who Die as a Result of a Vehicle Accident 28 Pa. Code §§ 29.21 and 29.22	September 2003, as proposed.	The amendments to existing regulations will update testing procedures and make the regulations consistent with the authorizing statute. Pursuant to the section 3749 of the Vehicle Code, 75 Pa.C.S. § 3749, and Reorganization Plan No. 4 of 1981 (71 P. S. § 751-31).	Kenneth E. Brody 717-783-2500
Health Facility Licensure--General and Special Hospitals and Health Planning 28 Pa. Code § 301.1 et seq. 28 Pa. Code § 401.1 et seq.	October 2003, as final-omitted.	Existing regulations in chapters on health planning (federal program and certificate of need) will be repealed as statutory authority for both chapters has terminated. Pursuant to the Health Care Facilities Act, 35 P. S. §§ 448.101--448.904b.	James T. Steele, Jr. 717-783-2500
Health Facility Licensure--General Administrative Chapter and General and Special Hospitals 28 Pa. Code § 101.1 et seq.	April 2004, as proposed.	The amendments to existing regulations will update the licensure requirements for hospitals. Pursuant to the Health Care Facilities Act, 35 P. S. §§ 448.101--448.904b.	James T. Steele, Jr. 717-783-2500
Communicable Diseases 28 Pa. Code § 27.1 et seq.	September 2003, as proposed.	The amendments to existing regulations will clarify the Department's authority to perform disease surveillance and investigation. Pursuant to the Disease Prevention and Control Law of 1955, 35 P. S. §§ 521.1--521.21.	Yvette M. Kostelac 717-783-2500
Public Bathing Place Lifeguard Requirements 28 Pa. Code §§ 18.1 and 18.42	December 2003, as final	The amendments to existing regulations will provide lifeguard requirements for recreational swimming establishments, and add requirements for lifeguard certification and factors to be considered in determining adequate lifeguard coverage. Pursuant to Act 75 of 1998, amending 35 P. S. §§ 672--680 (the Public Bathing Law).	Grace R. Schuyler 717-783-2500
Special Supplemental Food Program for Women, Infants and Children (WIC Program) 28 Pa. Code § 1101.1 et seq.	August 2003, as final.	The amendments to existing regulations will bring the State regulations into compliance with changes in the Federal regulations (7 C.F.R. § 246) published December 29, 2000, relating to vendor selection criteria, training requirements, monitoring requirements and compliance investigations, and the vendor appeals process.	Jalene Kolb 717-783-2500
Health Facility Licensure/Hospices 28 Pa. Code § 651.1 et seq.	July 2003, as proposed.	These new regulations will provide standards for the licensing and regulation of hospices. They will, at a minimum, contain standards set forth in regulations for hospices certified as providers under the Medicare Program. Pursuant to Act 95 of 1998, amending the Health Care Facilities Act, 35 P. S. §§ 448.101--448.904b.	Karin Simpson Gutshall 717-783-2500
Hearing Aid Sales and Registration/Continuing Education 28 Pa. Code § 25.201 et seq.	August 2003, as final.	The amendments to existing regulations will include continuing education requirements for hearing aid fitters, provide for 30-day money back written guarantees on hearing aids, and revise certification fees for consistency with the statute. Pursuant to Act 153 of 1998, amending the Hearing Aid Sales Registration Act, 35 P. S. §§ 6700-101--6700-802.	Tanya Leshko 717-783-2500
Bacterial Monitoring of Public Bathing Beaches 28 Code §§ 18.1, 18.28, 18.30 and 18.31	December 2003, as final	The amendments to existing regulations will extend the level of testing required for coastal beaches on the Great Lakes, pursuant to federal legislation, to all public bathing beaches in Pa. The amendments also add a requirement of public notice of beach closures pursuant to the Public Bathing Law, 35 P. S. §§ 672--680(d).	Grace R. Schuyler 717-783-2500
Out-of-Hospital Do-Not Resuscitate Orders 28 Pa. Code Chs. 1001, 1003, 1005, 1007 and 1051	July 2003, as proposed	The regulations will facilitate implementation of 20 Pa.C.S. Chapter 54A (relating to the Do-Not-Resuscitate Act) by providing standards for the issuance and revocation of out-of-hospital DNR orders and compliance with those orders. Interim regulations were promulgated on 12/14/02.	Kenneth E. Brody 717-783-2500
Newborn Hearing Screening--Reporting and Early Intervention Referral	December 2003, as proposed	The regulations will facilitate implementation of 11 P. S. § 876-6 (relating to reporting and early intervention referral) by transforming temporary guidelines for a reporting and early intervention referral system into regulatory standards.	Stephanie Michel-Segnor 717-783-2500
Head Injury Program	December 2003, as proposed	The amendments to existing regulations will address client enrollment and provider issues.	Tanya C. Leshko 717/783-2500
Drug, Device and Cosmetic Program 28 Pa. Code § 25.72	July, 2003, as proposed	The amendments will add drugs to the list of controlled substances and reschedule others.	Keith B. Fickel (717) 783-2500
HOUSING FINANCE AGENCY
No regulations being developed or considered at this date.

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