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PA Bulletin, Doc. No. 11-1111

NOTICES

GOVERNOR'S OFFICE

Regulatory Agenda

[41 Pa.B. 3614]
[Saturday, July 2, 2011]

 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 31st 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 below (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 time.
AGING
PA Code Title VI Chapter 15 Protective Services for
Older Adults
December 2011, as proposed. The Older Adults Protective Services Act is under review in light of the decision of the PA Supreme Court in Nixon et al. v. Commonwealth, et al., which found the current protective services law to be unconstitutional. Regulations are routinely being reviewed as numerous pieces of pending legislation are being considered. Denise Getgen 717-772-0184
PA Code Title VI Chapter 23 Long-Term Care Ombudsman Program December 2011, 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. Bob McNamara 717-772-3688
AGRICULTURE
Domestic Animal
7 Pa. Code
Chapter 2, 3, and 16
July 2011, as proposed. The 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). Craig E. Shultz, DVM, Director
(717) 772-2852
Cervidae
7 Pa. Code
Chapter 18
March 2012, as proposed. Act 190 of 2002 amended the Domestic Animal Law to require the Department to license and regulate Cervidae livestock operations. Act 51 of 2006 further amended the requirements for Cervidae livestock operations. (3 Pa.C.S. §§ 2303—2380.9). Craig E. Shultz, DVM, Director
(717) 772-2852
Animal Exhibition Sanitation
7 Pa. Code
Chapter 20a
March 2012, as proposed. Act 211 of 2002 requires the Department to enforce sanitation requirements at animal exhibitions, and to regulate as necessary to meet this requirement. (3 Pa C.S. §§ 2501—2504). Craig E. Shultz, DVM, Director
(717) 772-2852
Biofuels
70 Pa. Code
Chapter 11
December 2011, as proposed. This regulation will satisfy the requirements of Act 78 of 2008 (the Biofuel Development and In-State Production Incentive Act). John Dillabaugh
(717) 787-6772
Weights and Measures Regulations 70 Pa. Code
Chapters 1—101
December 2011, as proposed This long-term project is intended to update the Department's regulations authorized by the Consolidated Weights and Measures Act. John Dillabaugh
(717) 787-6772
Harness Racing Commission
58 Pa. Code
Chapters 181, 183, 185 and 186—190
October 2011, 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. Jorge Augusto
(717) 787-8744
Horse Racing Commission
58 Pa. Code
Chapters 161, 163, 165, 167, 169, 171 and 173
October 2011, as proposed. This regulation is necessary to update current regulations, make them more user-friendly and address conditions which exist in thoroughbred horse 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 161, 163, 165, 167, 169, 171 and 173 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. Jorge Augusto
(717) 787-8744
Commercial
Feed Rules and Regulations
7 Pa. Code
Chapter 71
September 2011, as proposed This regulation will replace 7 Pa. Code Chapter 71 and implement provisions of 3 Pa.C.S. §§ 5101—5115 (Commercial Feed Act) John Breitsman
(717) 772-5215
Pet Food Rules
and Regulations
7 Pa. Code
Chapter 72
September 2011, as proposed. This regulation will replace 7 Pa. Code Chapter 72 and implement provisions of 3 Pa.C.S. §§ 5101—5115 (Commercial Feed Act) John Breitsman
(717) 772-5215
Fertilizer Regulations 7 Pa. Code
Chapter 73
September 2012, as proposed. This regulation will replace 7 Pa. Code Chapter 73 and implement provisions of 3 Pa.C.S. §§ 6701—6725 (Fertilizer Act). John Breitsman
(717) 772-5215
Soil and Plant Amendment Regulations
7 Pa. Code
Chapter 130a
September 2012, as proposed. This regulation will replace 7 Pa. Code Chapter 130a and implement provisions of 3 Pa.C.S. §§ 6901—6921 (Soil and Plant Amendment Act). John Breitsman
(717) 772-5215
Clean and Green Regulations
7 Pa. Code
Chapter 137b
June 2011, as proposed. This regulation will address statutory changes made by Act 235 of 2004, Act 88 of 2010 and Act 109 of 2010 and will otherwise update the current regulations. Douglas Wolfgang
(717) 783-3167
Agriculture Conservation Easement Purchase Program Regulations 7 Pa. Code
Chapter 138e
December 2011, as proposed This regulation will address statutory changes made by Act 61 of 2005 and Act 46 of 2006, and will otherwise update the current regulations. Douglas Wolfgang
(717) 783-3167
PA Food Code
7 Pa. Code
Chapter 46
April 2011, as proposed. This regulation will amend 7 Pa. Code Chapter 46 and implement legislative changes that may occur during the promulgation process. Lydia Johnson
(717) 787-4315
BANKING
Annual Assessment Regulation pursuant to the Credit Union Code and the Department of Banking Code Early 2012 17 Pa.C.S. § 503(a); 71 P. S. § 733-204.A. Carter D. Frantz
Chief Counsel 717-787-1471
Regulation governing the conduct of debt settlement services pursuant to the Debt Management Services Act. Late 2012 63 P. S. §§ 2403(b) and 2417(4). Carter D. Frantz
Chief Counsel 717-787-1471
Regulation governing filing and pleading procedures for Department administrative proceedings. Late 2012 71 P. S. § 733-202.C; 7 Pa.C.S. § 6138(a)(4); 63 P. S. § 2417(4); 41 P. S. § 601; 7 P. S. § 6212; 7 P. S. § 6114; 69 P. S. § 637.1; 63 P. S. § 2304(1); 63 P. S. § 281-8(d); 63 P. S. § 456.524. Carter D. Frantz
Chief Counsel 717-787-1471
Regulation governing continuing education under the Debt Management Services Act. Late 2012 63 P. S. § 2409(c). Carter D. Frantz
Chief Counsel 717-787-1471
BOARD OF PARDONS
COMMUNITY & ECONOMIC DEVELOPMENT
Local Earned
Income Tax
(Proposed Regulation)
Summer of 2011 The proposed regulation interprets and makes specific the provisions of the Local Tax Enabling Act, as provided in Chapter 5 of the act (53 P. S. § 6924.501 et seq.). The proposed regulation establishes procedures to supplement the implementation of the act which will facilitate consolidated collection of local income taxes in this Commonwealth. Steve Fishman
(717) 783-8452
COMMISSION ON CRIME AND DELINQUENCY
37 Pa. Code
Chapter 431 Constables' Education and Training Board
July 2011 Proposed The purpose of this regulation is to eliminate any waivers of the firearms portion of the basic training course, preclude any constable under the age of 21 from participating in the firearms portion of the basic training course and to require a constable who fails a first and second examination in the basic training course bear the financial responsibility for a second or third basic training. Recent statutory changes have necessitated additional updates to the regulations. John Pfau
265-8546
CONSERVATION & NATURAL RESOURCES
State Forests (Chapter 21) Publish proposed rulemaking September 2011 A number of provisions in this chapter need to be clarified and updated. The State Forest Picnic Area chapter (23) will be incorporated into this chapter to eliminate duplication and for ease of reference. Legal basis: Sections 302, 313, 502 of the Conservation & Natural Resources Act (71 P. S. §§ 1340.302, 1340.313 and 1340.502) Matt Beaver, 717-783-0379
Susan Wood, Esq. 717-772-4171
State Forest
Picnic Areas
(Chapter 23)
Publish proposed rulemaking September 2011 The provisions of this chapter will be incorporated into Chapter 21 (State Forests) for purposes of simplification and ease of reference. Legal basis: Sections 302, 313, 502 of the Conservation & Natural Resources Act (71 P. S. §§ 1340.302, 1340.313 and 1340.502) Matt Beaver, 717-783-0379
Susan Wood, Esq. 717-772-4171
Conservation of Pennsylvania Native Wild Plants
(Chapter 45)
Publish proposed rulemaking October 2011 Major purpose of rulemaking is to update the lists of native wild plants within the classifications and change the beginning date of the ginseng harvest season from August 1 to September 1. Legal basis: Section 7 of the Wild Resource Conservation Act (32 P. S. § 5307); and Section 313 of the Conservation and Natural Resources Act (71 P. S. § 1340.313). Ellen Shulzabarger 717-214-3813
Susan Wood, Esq. 717-772-4171
CORRECTIONS
Revisions to
37 Pa. Code
Chapter 93
July 2011, as proposed The Motivational Boot Camp regulations are being revised to eliminate unnecessary staffing provisions. Timothy Holmes
(717) 731-0444
Amendments to
37 Pa. Code § 94.2
August 2011, as proposed The Inmate Correspondence regulations will be revised to clarify definitions and procedures for incoming inmate mail. Randall N. Sears
(717) 728-7763
Amendments to
37 Pa. Code § 94.4
July, 2011, as proposed The amendment will restrict the ability of individuals to purchase items from outside the institution for inmates. Randall Sears
(717) 728-7763
EDUCATION
Standards for Approved Private Schools
22 Pa. Code
Chapter 171 Subchapter C
Spring 2012, as final. 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. John Tommasini
(717) 783-6134
Chapter number to
be determined by the Legislative Reference Bureau.
February 2012, as final. As directed by Act 104 of 2010, the State Board of Education will promulgate new regulations that set forth a model memorandum of understanding between school entities and local police departments; establish protocol for notifying police when certain offenses occur on school property; establish protocol for emergency and non-emergency response by the police; and establish procedures and protocols for the response and handling of students with disabilities. Karen Molchanow
(717) 787-3787
State Board of Private Licensed Schools
22 Pa. Code
Chapter 73
Fall 2011, as proposed. These regulations define the requirements for obtaining licensure or registration and for operating as a Private Licensed School. The regulations also define the investigatory and hearing process for enforcement of statutory and regulatory requirements. The Board plans to update the regulations which were promulgated in 1988 to reflect inflation and to address certain issues that have arisen during that time. The regulations are promulgated under the authority of the Private Licensed Schools Act (24 P. S. § 6501, et. Seq.) 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 Board intends to propose corrections to existing rules in early 2011. The Environmental Hearing Board intends to correct an omission in the language of 25 Pa. Code § 1021.51 which was amended in 2009, and eliminate its rules pertaining to the Costs Act which has expired. Maryanne Wesdock (412) 565-5245
ENVIRONMENTAL PROTECTION
Noncoal Program Noncoal Surface Mining Conservation and Reclamation Act 25 Pa. Code
Chapter 77
FY 11-12 Revisions to Chapter 77 (Noncoal Mining) that govern the licensing of mine operators and permitting of mines for minerals other than coal. Specific areas for revision include clarification of permit application requirements including hydrologic data requirements. Bill Allen
717-783-9580 wallen@state.pa.us
Water Supply Replacement
Surface Mining Conservation & Reclamation Act
25 Pa. Code
Chapters 87 and 88
FY 11-12 Revisions to Chapters 87 and 88, which will clarify what is necessary to meet the coal mine operator's obligation to permanently pay the operation and maintenance costs for replacement water supplies. Greg Shuler 717-783-1199 gshuler@state.pa.us
Remining Requirements (Subchapters F
and G Revisions) Surface Mining Conservation and Reclamation Act,
25 Pa. Code
Chapters 86 and 88
FY 11-12 Amendments to remining requirements in Chapters 86 and 88 (Subchapters F and G) in order to reflect changes enacted in EPA regulations. Keith Brady 717-787-4814 kbrady@state.pa.us
Federal Office of Surface Mining (OSM) Program Consistency Updates Surface Mining Conservation and Reclamation Act,
25 Pa. Code
Chapters 86, 89,
and 90
FY 11-12 Regulatory package will include amendments to clarify the definition of ''mining activities'' in Chapter 86 in order to comply with Federal regulatory requirements; revisions to Chapter 89 effluent limits for passive treatment systems to comply with federal regulations; and updates to Chapter 90 coal refuse site selection regulations to comply with the revised Coal Refuse Disposal Control Act. Bill Allen
717-783-9580 wallen@state.pa.us
Noncoal Mining Fees Noncoal Surface Mining Conservations & Reclamation Act
25 Pa. Code
Chapter 77
FY 11-12 Amendments to 25 Pa. Code Chapter 77 in order to implement fees to support the Noncoal Mining Program. Bill Allen
717-783-9580 wallen@state.pa.us
Coal Mining
Permit Fees

Surface Mining Conservation and Reclamation Act,
25 Pa. Code
Chapter 86
FY 11-12 Increase permit application fees to support program activities Bill Allen
717-783-9580 wallen@state.pa.us
Oil & Gas
Well Program
Oil and Gas Act
25 Pa. Code
Chapter 78 Subchapter C
FY 11-12 Revisions to Chapter 78 (Oil and Gas) Subchapter C, regulating all surface activities associated with Oil and Gas exploration and development, including; changes to PPC planning, production fluid control, storage, disposal and containment in pits/tanks, liner standards for centralized impoundments, disposal of drill cuttings and residual wastes, secondary containment, site restoration, pipelines, water management plans, reporting releases and road spreading of brine. Scott Perry 717-772-2199 scperry@state.pa.us
Oil & Gas
Well Program
Oil and Gas Act
25 Pa. Code
Chapter 78 Subchapter D
FY 11-12 Revisions to Chapter 78 (Oil and Gas) Subchapter D, regulating the drilling, casing, cementing, completion, operation, production, plugging and other subsurface activities associated with Oil and Gas exploration and development, including revisions to well plugging procedures, venting, alternative methods, and to address the plugging of unconventional wellbore laterals and coal bed methane wells. Scott Perry 717-772-2199 scperry@state.pa.us
Underground Coal Mine Safety Bituminous Coal Mine Safety Act
25 Pa. Code
Chapter 208
FY 11-12 The rulemaking adopts by reference the MSHA regulations with a few minor edits. The regulation addresses belt flammability standards and maintenance requirements, seal design, construction and maintenance requirements, emergency response requirements, self-contained rescue devices and refuge chambers communication. Joseph Sbaffoni 724-439-7469 jsbaffoni@state.pa.us
Underground Coal Mine Safety Automated External Defibrillators Bituminous Coal Mine Safety Act
25 Pa. Code
Chapter 208
FY 11-12 This regulation establishes safety standards relating to Automated External Defibrillators in underground bituminous coal mines. Joseph Sbaffoni 724-439-7469 jsbaffoni@state.pa.us
Underground Coal Mine Safety Reportable Accidents Bituminous Coal Mine Safety Act
25 Pa. Code
Chapter 208
FY 11-12 This rulemaking expands the list of accidents in underground bituminous coal mines that must be reported to the Department within 15 minutes of discovery. Joseph Sbaffoni 724-439-7469 jsbaffoni@state.pa.us
Safe Drinking
Water Fees
Safe Drinking
Water Act
25 Pa. Code
Chapter 109
FY 11-12 Amendments to update drinking water program fees. The fees have not been changed since 1984. Kevin McLeary 717-783-1820 kmcleary@state.pa.us
Water Quality Standards Review Clean Streams Law 25 Pa. Code
Chapters 16 and 93
FY 11-12 This proposed rulemaking will include revisions to the Commonwealth's water quality criteria and standards in Chapters 16 and 93 to reflect the latest scientific information and Federal guidelines for criteria development, as required by the triennial review requirements in the Federal Clean Water Act. Tom Barron 717-787-9637 tbarron@state.pa.us
Dam Safety
and Waterways Management Fees Dam Safety and Encroachments
Act and Clean Streams Law
25 Pa. Code
Chapter 105
FY 11-12 The purpose of the rulemaking package is to amend existing regulations at 25 Pa. Code Chapter 105 to update existing fees and include additional fees for activities performed by the Department. The fees have not been increased since 1991. Sidney Freyermuth 717-772-5977 sfreyermuth@state.pa.us
Air Quality Plan Approval and Operating
Permit Fees
Air Pollution
Control Act
25 Pa. Code
Chapters 127 and 139
FY 11-12 The final rulemaking amends existing requirements and fees codified in 25 Pa. Code Chapter 127, Subchapter I (relating to plan approval and operating permit fees), and adds new categories of fees to Chapter 127, Subchapter I, to address modifications of existing plan approvals and requests for determination of whether a plan approval is required. The rulemaking also adds a new section to address fees for risk assessment applications. The rulemaking amends the existing emission fee paid by the owner or operator of a Title V facility. The rulemaking also adds Subchapter D (relating to testing, auditing and monitoring fees) to Chapter 139 (relating to sampling and testing) to add new categories of fees and to establish a fee schedule to address Department-performed source testing and auditing and monitoring activities for continuous emission monitoring systems (CEMS). Dean Van Orden
(717) 783-9264 dvanorden@state.pa.us
HEDD—High Electric Demand Days
Air Pollution
Control Act
25 Pa. Code
Chapters 121 and 129
FY 11-12 The proposed rulemaking would amend 25 Pa. Code Chapter 129 to limit emissions of nitrogen oxides (NOx) from electric generating units (EGUs) and emergency generator sets used during non-emergency periods that operate less than 1200 hours per Ozone Season and generate electricity during periods of peak electric demand, including high electric demand days (HEDD), which frequently coincide with periods of high ground-level ozone concentrations. Amendments to § 121.1 (relating to definitions) would also be made to support the proposed amendments to Chapter 129. Susan Hoyle 717-772-2329 shoyle@state.pa.us
Sulfur Limits in Commercial Fuel Oil Air Pollution
Control Act
25 Pa. Code
Chapters 121 and 123
FY 11-12 The final rulemaking amends 25 Pa. Code § 123.22 (relating to combustion units) to lower the maximum allowed percent sulfur content in commercial fuel oil sold for and used in combustion units in this Commonwealth, to further limit the emissions of sulfur dioxide (SO2) from these sources. Amendments to § 121.1 (relating to definitions) will also be made to support the final amendments to § 123.22. The final rulemaking will ensure consistency with the State Implementation Plan revision submitted by Pennsylvania to meet reasonable progress goals for reducing regional haze. Susan Hoyle 717-772-2329 shoyle@state.pa.us
Flexible Packaging Printing Presses and Offset Lithographic and Letterpress Printing Presses
Air Pollution
Control Act
25 Pa. Code
Chapter 121 and 129
FY 11-12 The proposed rulemaking would amend 25 Pa. Code Chapter 129 (relating to standards for sources) to add requirements to reduce the emissions of volatile organic compounds (VOCs) from flexible packaging printing presses and offset lithographic printing and letterpress printing presses to meet the Clean Air Act's ''reasonably available control measures'' requirement for ozone nonattainment areas. The proposal would amend §§ 129.51 and 129.67 (relating to general; and graphic arts systems) and add §§ 129.67a and 129.67b (relating to control of VOC emissions from flexible packaging printing presses; and control of VOC emissions from offset lithographic and letterpress printing presses) to adopt emission limits and work practice standards for flexible packaging printing presses and offset lithographic printing and letterpress printing presses. Amendments to § 121.1 (relating to definitions) would also be made to support the proposed amendments to Chapter 129. Susan Hoyle 717-772-2329 shoyle@state.pa.us
Repeal of Employer Trip Reduction
Air Pollution
Control Act
25 Pa. Code
Chapter 126, Subchapter B
FY 11-12 This final-omitted rulemaking would repeal the employer trip reduction (ETR) regulations in Chapter 126, Subchapter B (relating to employer trip reduction). The ETR program was originally mandated by the 1990 Amendments of the Clean Air Act. In 1994, the PA General Assembly enacted Act 95 of 1994 suspending the implementation and enforcement of the program because of disproportionate economic costs. Congress has since enacted legislation authorizing states to implement alternative programs. Susan Hoyle 717-772-2329 shoyle@state.pa.us
Repeal of Portable Fuel Containers
Air Pollution
Control Act
25 Pa. Code
Chapter 130, Subchapter A
FY 11-12 This final-omitted rulemaking would repeal the portable fuel container (PFC) regulations in Chapter 130, Subchapter A (relating to portable fuel containers). This regulation was promulgated at 32 Pa.B. 4819 (October 5, 2002). The United States Environmental Protection Agency subsequently adopted more stringent measures in February 2007 rendering this regulation unnecessary. Susan Hoyle 717-772-2329 shoyle@state.pa.us
Repeal of St. Joe Resources Company Air Pollution
Control Act
25 Pa. Code
Chapter 128, § 128.21
FY 11-12 This final-omitted rulemaking would repeal the alternative compliance standard found at § 128.21 (relating to St. Joe Resources Company; Potter Township, Beaver County, PA). Section 128.21 was promulgated at 16 Pa.B. 521 (February 22, 1986). The alternative compliance standard has been superseded by Federally enforceable permit conditions. The standard in § 128.21 is no longer applicable. Susan Hoyle 717-772-2329 shoyle@state.pa.us
Emissions of Particulate Matter Air Pollution
Control Act
25 Pa. Code
Chapter 139
§ 139.12
FY 11-12 The Environmental Quality Board amended 25 Pa. Code § 139.12 (relating to emissions of particulate matter) at 27 Pa.B. 6804 (December 27, 1997) to require source testing only for filterable particulate matter. The United States Environmental Protection Agency has revised the source test method (Method 202) to require the testing of both filterable and condensable particulate matter in source testing. The proposed rulemaking would amend § 139.12 to reflect the change in Federal test method requirements. Other clarifying amendments to Chapter 139 would also be proposed for timeliness of reporting requirements. Susan Hoyle 717-772-2329 shoyle@state.pa.us
Amendments for the Control of Major Sources of NOx
and VOCs
Air Pollution
Control Act
25 Pa. Code
Chapter 129
FY 11-12 The proposed rulemaking would amend the Reasonably Available Control Technology Requirements for major NOx- and VOC-emitting stationary sources; the proposal would not apply to major VOC-emitting facilities subject to Federal Control Technique Guidelines adopted by the Board as final rulemakings. Susan Hoyle 717-772-2329 shoyle@state.pa.us
Municipal and Residual Waste Amendments
Solid Waste Management Act and Waste Transportation
Safety Act
25 Pa. Code
Chapters 271—285 and 287—299
FY 11-12 These proposed revisions are comprehensive modifications to the Municipal and Residual Waste Regulations, including: consolidating similar chapters and standardizing provisions, where applicable, between the two volumes; revising and clarifying definitions, including the definition of ''waste''; developing additional permits-by-rule; incorporating commodity disposal bans; revising the local and municipal involvement process for waste disposal and processing facility applications; and revising the environmental assessment and harms/benefits test and fee revisions. The package will also include regulations to implement the Waste Transportation Safety Program as authorized by Act 90 of 2002. Steve Socash
(717) 787-7381 ssocash@state.pa.us
Municipal Waste Regulated Medical Amendments
Solid Waste Management Act
25 Pa. Code
Chapter 284
FY 11-12 This rulemaking will amend the existing Chapter 284. This will include some definitions in Chapter 271 that will be added or amended. The term infectious waste will be replaced with the term ''regulated medical waste.'' This terminology change will be a global change. In addition to definitional changes, this proposal also includes changes to storage, transporter licensing, and manifesting requirements for regulated medical waste. Steve Socash
(717) 787-7381 ssocash@state.pa.us
Residual Waste Generator Amendments
Solid Waste Management Act and Waste Transportation Safety Act
25 Pa. Code
Chapter 287
FY 11-12 These proposed revisions streamline and update biennial reporting requirements, reduce the number of generators subject to biennial reporting and annual chemical analyses requirements, and eliminate submission of annual chemical analyses. The requirement for source reduction strategies is proposed for elimination. Steve Socash
(717) 787-7381 ssocash@state.pa.us
Radiological Health 25 Pa. Code
Chapters 215—240
FY 11-12 This rulemaking will amend 25 Pa. Code Chapters 215—240 in order to incorporate by reference federal regulations pertaining to the security of certain radioactive material; to address new x-ray technology that is not addressed in current regulations; and to include radon revisions that are not addressed in current regulations. Joe Melnic
(717) 783-9730 jmelnic@state.pa.us
GENERAL SERVICES
HEALTH
28 Pa. Code
Chs. 1021—1033 Emergency Medical Service Systems
August 18, 2011 This new Act (37) repeals the EMS Act of July 3, 1985. Act 37 provides comprehensive Statewide emergency medical services response. The system is designed to achieve higher quality, more flexibility and a better coordinated EMS system. The regulations will establish and clarify standards for all individuals and entities regulated by the PADOH under the EMS System Act. There are several provisions in the Act that expressly confer upon the Department the duty or discretion to adopt regulations. Joseph W. Schmider, Director
Bureau of Emergency and Medical services 717-787-8740
606 Health and
Welfare Building jschmider@state.pa.us
28 Pa. Code
Chapter 53
This is a new regulation 28 Pa. Code Chapter 53. Photo Identification Badges
Interim regulation to facilitate implementation of 35 P. S. Second part of the regulation June 1, 2015 Interim regulation to facilitate implementation of 35 P. S. § 448.809b, enacted by Act 110 of November 23, 2010. This regulation will require health care workers providing direct care to a patient or a consumer outside of a health care facility or in a doctor's office to wear an identification badge containing the individual's photograph, full name, title and name of the employing health care facility or employment agency. This will be a new regulation under 28 Pa. Code Chapter 53. Melia Belonus, Director, Bureau of Community Program
Licensure and Certification mbelonus@state.pa.us
28 Pa. Code § 27 Communicable and Non-Communicable Diseases Preparing for promulgation, no date available These regulations provide ''Disease Control Measures'' creating a better system for the prevention of communicable and non-communicable diseases. Certain communicable and non-communicable diseases represent substantial public health threats because of their potential to spread or because they represent preventable health risks. The current revision reflects the fact that new diseases are always emerging. All Pennsylvanians will benefit from the disease prevention and control activities addressed in these regulations. The Department's authority to promulgate these regulations is found in the Disease Prevention Control law of 1955, 35 P. S. § 521.1 et seq. (the Act). Section 16(a) of the Act (35 P. S. § 521.16(a)) gives the Board authority to issue rules and regulations on a variety of matters related to communicable and non-communicable diseases. Section 16(b) of the Act (35 P. S. § 521.16 (b)) gives the Secretary of Health the authority to review existing regulations and make recommendations to the Board for changes that the Secretary considers to be desirable. There is also a legislative authority for specific provisions of the regulations. Administrative Code of 1929 (71 P. S. § 51 et seq.) (Code) Section 20102(g) of the code (71 P. S. § 532(g))provides general authority for the Department to promulgate regulations. Stephen M. Ostroff, M.D.
Director of Bureau of Epidemiology Department of Health sostroff@state.pa.us 717-787-3350
HOUSING FINANCE AGENCY
No regulations being developed or considered at this date.

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