NOTICES
GOVERNOR'S OFFICE
Regulatory Agenda
[43 Pa.B. 3813]
[Saturday, July 6, 2013]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. 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 Need and Legal Basis for
Agency Contact of Promulgation Action ADMINISTRATION No regulations being developed or considered at this time. AGING
No regulations being developed or considered at this time. AGRICULTURE
Domestic Animal
7 Pa. Code Chapter 2, 3, 16, 18 and 20aJuly 2014, 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) 772-2852Biofuels
70 Pa. Code Chapter 11August 2013, as proposed. This will establish regulations required under the Biofuel Development and In-State Production Incentive Act. Walt Remmert
(717) 787-6772Weights and Measures Regulations
70 Pa. Code Chapters 1—101September 2013, as proposed. This long-term project is intended to update the Department's regulations authorized by the Consolidated Weights and Measures Act. Walt Remmert
(717) 787-6772Harness Racing Commission
58 Pa. Code Chapter 183July 2013, 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. Brook Duer
(717) 787-8744Horse Racing Commission
58 Pa. Code Chapter 163August 2013, as proposed. This regulation will raise fees for certain occupational licenses (such as owner, trainer or jockey licenses) that are required under the Pennsylvania Race Horse Industry Reform Act, while keeping these fees under the maximum license fee levels authorized by that statute. Brook Duer
(717) 787-8744Horse Racing Commission
58 Pa. Code Chapter 165August 2013, 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. Brook Duer
(717) 787-8744Commercial Feed Rules and Regulations
7 Pa. Code Chapter 71October 2013, as proposed. This regulation will replace
7 Pa. Code Chapter 71 and implement provisions of 3 Pa.C.S. §§ 5101—5115 (Commercial Feed Act).Erin Bubb
(717) 772-5215Pet Food Rules and Regulations
7 Pa. Code Chapter 72October 2013, as proposed. This regulation will replace
7 Pa. Code Chapter 72 and implement provisions of 3 Pa.C.S. §§ 5101—5115 (Commercial Feed Act).Erin Bubb
(717) 772-5215Fertilizer Regulations
7 Pa. Code Chapter 73December 2013, as proposed. This regulation will replace
7 Pa. Code Chapter 73 and implement provisions of 3 Pa.C.S. §§ 6701—6725 (Fertilizer Act).Erin Bubb
(717) 772-5215Soil and Plant Amendment Regulations
7 Pa. Code Chapter 130aDecember 2013, 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).Erin Bubb
(717) 772-5215Clean and Green Regulations
7 Pa. Code Chapter 137bJune 2013, as proposed. This regulation will address statutory changes made by six separate amendments to the underlying statute, and will otherwise update the current regulations. Douglas Wolfgang
(717) 783-3167Agriculture Conservation Easement Purchase Program Regulations
7 Pa. Code Chapter 138eDecember 2013, 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) 783-3167PA Food Code
7 Pa. Code Chapter 46July 2013, as final. This regulation will amend 7 Pa. Code Chapter 46 to make this Chapter consistent with the Retail Food Facility Safety Act and the Food Safety Act. Lydia Johnson
(717) 787-4315Pennsylvania Preferred Program Regulations July 2013, as proposed. This regulation will establish standards required under the Pennsylvania Preferred Act (3 Pa.C.S. §§ 4601—4611). Lela Reichart
(717) 783-8462BANKING & SECURITIES
Annual Assessment Regulation
Late 2013 Required pursuant to 17 Pa.C.S. § 503(a) and 71 P. S. § 733-204.A. Carter D. Frantz
Chief Counsel
(717) 787-1471Regulation governing continuing education under the Debt Management Services Act. Late 2013 Required pursuant to 63 P. S. § 2409(c). Carter D. Frantz
Chief Counsel
(717) 787-1471Merger-related amendatory regulations under the Pennsylvania Securities Act of 1972 Early 2014 Required pursuant to 70 P. S. § 1-609 Carter D. Frantz
Chief Counsel
(717) 787-1471BOARD OF PARDONS
No regulations being developed or considered at this date. COMMUNITY & ECONOMIC DEVELOPMENT
Title 12 of the Pennsylvania Code, Chapter 149 June, 2013 The Manufactured Housing Improvement Act as amended on May 8, 2012 requires the Department to promulgate regulations to establish an installation and construction (habitability) standard for manufactured homes previously installed and are now being relocated to a site in the Commonwealth (relocated/used manufactured homes). Currently there are no clear standards for the manufactured housing industry or local code officials to follow for proper handling of these relocated manufactured homes. This regulation will enable the department to develop and publish these standards or guides. Mark Conte
(717) 720-7416COMMISSION ON CRIME AND DELINQUENCY 37 Pa. Code Chapter 431
Constables' Education and Training BoardAugust 2013 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. The proposed rulemaking also eliminates the 10mm caliber firearm from the firearms training course.
Recent statutory changes have necessitated updates to the regulations.John Pfau
265-8546CONSERVATION & NATURAL RESOURCES State Forests
(Chapter 21)Publish proposed rulemaking
July 2013A 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
Wendy Carson, Esq.
(717) 772-4171State Forest Picnic Areas
(Chapter 23)Publish proposed rulemaking
July 2013The 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 and 502 of the Conservation & Natural Resources Act (71 P. S. §§ 1340.302, 1340.313 and 1340.502) Matt Beaver
(717) 783-0379
Wendy Carson, Esq.
(717) 772-4171CORRECTIONS
Revisions to 37 Pa. Code Chapter 91.3 September 2013, as proposed The county reception regulations are being revised to be consistent with statutory law mandating that certain documentation be presented by the counties before inmate reception can occur. Randall N. Sears
(717) 728-7763Revisions to 37 Pa. Code Chapter 93.2 September 2013, as proposed The inmate correspondence regulations are being revised for clarification and to more accurately comport with current standards. Randall N. Sears
(717) 728-7763Revisions to 37 Pa. Code Chapter 93.301—93.308 September 2013, as Proposed The Motivational Boot Camp regulations are being revised to reduce costs by eliminating unnecessary mandates. Jamie Boyd
(717) 728-7761Revisions to 37 Pa. Code Chapter 94 September 2013, as proposed The release and prerelease regulations are being revised to maximize cost-savings through efficient use of prerelease facilities. Joseph Fulginiti
(717) 728-7761Revisions to 37 Pa. Code Chapter 96(a) September 2013, as proposed The temporary transfers of regulations are being revised to require the counties to pay reasonable transportation costs for inmates transferred pursuant to court appearances. Julie Tilghman
(717) 728-7761DRUG AND ALCOHOL PROGRAMS
General Standards for Free-Standing Treatment Activities
28 Pa. Code Chapter 709, Subchapter CFall 2013, as proposed. These existing regulations are being revised to reduce redundant and obsolete regulations, with a focus upon patient care and safety, and to require certain incident reporting by all drug and alcohol facilities to DDAP. Act 50 of 2010 authorizes DDAP to modify drug and alcohol regulations promulgated by DOH. Tawny Mummah
(717) 787-9354Staffing Requirements for Drug and Alcohol Treatment Activities
28 Pa. Code Chapter 704Spring 2014, as proposed. These existing regulations are being revised to update staffing requirements. Act 50 of 2010 authorizes DDAP to modify drug and alcohol regulations promulgated by DOH. Tawny Mummah
(717) 787-9354EDUCATION Standards for Approved Private Schools
22 Pa. Code Chapter 171, Subchapter CFall 2013, 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, P. L. 30, No. 14, March 16, 1949, P. S. §§ 1-101, et. Seq. John Tommasini
(717) 783-6134State Board of Private Licensed Schools
22 Pa. Code Chapter 73Summer 2013, as final. 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) 783-8228Regulations of the State Board of Private Academic Schools
22 Pa. Code Chapters 51, 53, 55, 57, 61 and 63Spring 2014, as proposed. 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. §§ 6701 et. Seq.). Robert Staver
(717) 783-6583State Board of Education
22 Pa. Code Chapter 18Fall 2013, as proposed These regulations address criteria the Secretary of Education may consider in determining whether to designate a school district in financial recovery status and in determining whether a district is in moderate or severe recovery status. The regulations are promulgated under the authority of the Public School Code of 1949, 24 P. S. § 621-A(A)(2)(I). Karen Molchanow
(717) 787-3787Standards for Approved Private Schools
22 Pa. Code Chapter 171, Subchapter AFall 2013, as proposed. These standards define the elements of Approved Private Schools and the Chartered Schools (schools for the deaf and blind). This subchapter contains general provisions, which the Department seeks to update to conform to intervening changes in applicable law. The standards are promulgated under the Authority of the Public School Code of 1949, as amended, P. L. 30, No. 14, March 16, 1949, P. S. §§ 1-101, et. Seq. John Tommasini
(717) 783-6134Regulations of the State Library and Advisory Council on Library Development
22 Pa. Code, Chapters 131, 133, 135, 127, 141, 142 and 143Fall 2013, as proposed. The Department will be promulgating regulations under the Authority of the Library Code of 2012, Act 210 of 2012,
P. N. 2411. The Department plans to update the regulations (promulgated in 1962) in 2013. These regulations will address the use of the State Library, the Advisory Council on Library Development, general provisions and plans for the use of State Aid, certification of library personnel, grants for public library facilities and state document depositories.Stacey Aldrich
(717) 783-2466EMERGENCY MANAGEMENT AGENCY
No regulations being developed or considered at this time. ENVIRONMENTAL HEARING BOARD Pa. Code Title 25 Chapter 1021
Practice and ProcedureThe Environmental Hearing Board has submitted proposed rulemaking which is expected to be published in the Pa. Bulletin in May 2013. The Environmental Hearing Board intends to propose the following revisions to its rules of practice and procedure: 1) correct an omission in the language of 25 Pa. Code § 1021.51 which was amended in 2009, 2) eliminate its rules pertaining to the Costs Act which has expired, 3) adopt rules to implement mandatory electronic filing, and 4) clarify the types of responses that may be filed to a dispositive motion. Maryanne Wesdock
Senior Counsel
(412) 565-5245ENVIRONMENTAL PROTECTION
Noncoal Program
Noncoal Surface Mining Conservation and Reclamation Act
25 Pa. Code Chapter 77Winter 2013, as proposed This rulemaking includes 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@pa.govWater Supply Replacement Surface Mining Conservation & Reclamation Act
25 Pa. Code Chapters 87 and 88Summer/Fall 2013, as proposed The rulemaking includes 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. Bill Allen
717-783-9580
wallen@pa.govRemining Requirements (Subchapters F and G Revisions)
Surface Mining Conservation and Reclamation Act
25 Pa. Code Chapters 86 and 88Summer/Fall 2013, as proposed The rulemaking includes amendments to remining requirements in Chapters 86 and 88 (Subchapters F and G) in order to reflect changes enacted in EPA regulations. Bill Allen
717-783-9580
wallen@pa.govFederal Office of Surface Mining (OSM) Program Consistency Updates Surface Mining Conservation and Reclamation Act
25 Pa. Code Chapters 86, 89 and 90Summer/Fall 2013, as proposed The rulemaking 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@pa.govAreas Unsuitable for Surface Mining
Surface Mining Conservation and Reclamation Act
25 Pa. Code Chapter 86Summer 2013, as proposed The rulemaking includes amendments to Chapter 86 to designate coal seams within Big Run watershed, Graham Township, Clearfield County, as unsuitable for surface mining operations. The regulation results from a petition submitted to the Environmental Quality Board by the Graham Township Supervisors, which requested that the Big Run drainage be designated as unsuitable for surface mining operations. Geoff Lincoln
717-783-9582
glincoln@pa.govFinancial Guarantees Acts 95 and 157 of 2012
25 Pa. Code Chapter 86Summer 2013, as proposed This rulemaking will implement Acts 95 and 157 which provide for an incentive for reclamation of mine sites with bioenergy crops and establish the Land Reclamation Financial Guarantee Program, respectively. Bill Allen
717-783-9580
wallen@pa.govHandling and Use of Explosives
Explosives Act of 1937; The Administrative Code of 1929; Reorganization Plan No. 2 of 1975; Reorganization Plan No. 8 of 1981; Surface Mining Conservation and Reclamation Act; and Noncoal Surface Mining Conservation and Reclamation Act
25 Pa. Code Chapter 211Fall 2013, as proposed The rulemaking will revise current explosive regulations to address blasting activities relating to seismic exploration. The rulemaking will also update explosives use requirements, enforcement authority and eliminate antiquated requirements. Rick Lamkie
814-472-1885
rlamkie@pa.govOil & Gas Well Program
Oil and Gas Act
25 Pa. Code Chapter 78, Subchapter CSummer 2013, as proposed The rulemaking includes revisions to Chapter 78 (Oil and Gas Wells) 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
717-783-9438
scperry@pa.govOil & Gas Well Program
Oil and Gas Act
25 Pa. Code Chapter 78, Subchapter DWinter 2013, as proposed The rulemaking includes revisions to Chapter 78 (Oil and Gas Wells) 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. Kurt Klapkowski
717-772-2199
kklapkowsk@pa.govOil & Gas Well Program
Oil and Gas Act
25 Pa. Code Chapter 78, Subchapter BSummer 2013, as proposed The rulemaking includes revisions to Chapter 78 (Oil and Gas Wells), Subchapter B, to increase well permit fees for wells that produce gas from nonconventional formations. Kurt Klapkowski
717-772-2199
kklapkowsk@pa.govUnderground Coal Mine Safety Surface Regulations
Bituminous Coal Mine Safety Act
25 Pa. Code Chapter 208Spring 2013, as proposed The rulemaking adopts by reference, with certain modifications, the MSHA regulations (30 CFR Part 77) for surface areas of underground bituminous coal mines. Joseph Sbaffoni
724-439-7469
jsbaffoni@pa.govUnderground Coal Mine Safety
High Voltage Continuous Mining Machine Standards for Underground Coal Mines Bituminous Coal Mine Safety Act
25 Pa. Code Chapter 208Summer 2013, as proposed This rulemaking adopts by reference, with certain modifications, the MSHA regulations (30 CFR Part 75) for a high voltage continuous mining machine standard for underground bituminous coal mines. Joseph Sbaffoni
724-439-7469
jsbaffoni@pa.govUnderground Coal Mine Safety
Maintenance of Incombustible Content of Rock Dust in Underground Coal Mines Bituminous Coal Mine Safety Act
25 Pa. Code Chapter 208Spring 2013, as proposed This rulemaking adopts by reference, with certain modifications, the MSHA regulations (30 CFR Part 75) for maintenance of incombustible content of rock dust in underground bituminous coal mines. Joseph Sbaffoni
724-439-7469
jsbaffoni@pa.govRevised Total Coliform Rule
Pennsylvania Safe Drinking Water Act
25 Pa. Code Chapter 109Fall 2013, as proposed This proposed rulemaking will amend 25 Pa. Code Chapter 109 to incorporate the federal Revised Total Coliform Rule (RTCT), which was promulgated February 13, 2013, and to make other revisions to clarify portions of Chapter 109. The RTCR is expected to improve public health protection by requiring public water systems that are vulnerable to microbial contamination to identify and fix problems. Revisions being proposed in addition to the Federal RTCR are designed to protect public health by improving and clarifying permitting, design and compliance requirements for public water systems. Jeff Allgyer
(717) 772-4015
jallgyer@pa.govNutrient Credit Trading and Offsetting Program
Clean Streams Law
25 Pa. Code Chapter 96.8 and Chapter 98Summer 2013, as proposed This rulemaking will rescind Chapter 96.8 related to the implementation of a nutrient credit trading program and create a new, separate Chapter 98 for this program. The rulemaking is also intended to implement program enhancements designed to address US Environmental Protection Agency concerns, streamline the current process for the certification, registration and verification of credits and allow for the implementation of a Statewide trading program. Veronica Kasi
(717) 772-4053
vbkasi@pa.govAdministration of Sewage Facilities Planning Program
Pennsylvania Sewage Facilities Act
Clean Streams Law
25 Pa. Code Chapter 71Fall 2013, as proposed This rulemaking will help facilitate DEP's approval of sewage planning modules for new land development for sites located in High Quality (HQ) and Exceptional Value (EV) watersheds. The revisions to Chapter 71 would also require municipalities to certify every ten years that their official sewage facility plans remain adequate to meet the municipalities' needs. Ron Furlan
(717) 787-8184
rfurlan@pa.govAdministration of Sewage Facilities Permitting Program
Pennsylvania Sewage Facilities Act
Clean Streams Law
25 Pa. Code Chapter 72Fall 2013, as proposed This rulemaking will clarify DEP's ability to require and establish training requirements for sewage enforcement officers, both prior to the certification examination and for subsequent renewal of certifications. The revisions will further clarify that DEP has the ability to provide training through third-party providers that have been approved to do so by DEP, which could provide additional flexibility and efficiency in implementation of the training program. Ron Furlan
(717) 787-8184
rfurlan@pa.govStandards for Onlot Sewage Treatment Facilities
Pennsylvania Sewage Facilities Act
Clean Streams Law
25 Pa. Code Chapter 73Fall 2013, as proposed This rulemaking will revise DEP's standards for onlot systems for consistency with Chapters 71 and 72. For example, a section in Chapter 73 may be needed to address standards and evaluation criteria for denitrification technology to support the concept of Best Management Practices (BMPs) referenced in Chapter 71. Ron Furlan
(717) 787-8184
rfurlan@pa.govWater Quality Standards Triennial Review
Clean Streams Law
25 Pa. Code Chapter 93Spring 2013, as final This rulemaking will include revisions to the Commonwealth's water quality criteria and standards in Chapter 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@pa.govEmissions of Particulate Matter
Air Pollution Control Act
25 Pa. Code Chapter 139Fall 2013, as final The final rulemaking amends 25 Pa. Code § 139.12 (relating to emissions of particulate matter) to reflect changes in Federal test method requirements. The Environmental Quality Board amended § 139.12 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 for purposes of emission inventories and new source review applicability determinations. Other clarifying amendments to Chapter 139 (relating to sampling and testing) addressing timeliness of reporting requirements are also included. Susan Hoyle
717-772-2329
shoyle@pa.govFlexible Packaging Printing Presses and Offset Lithographic and Letterpress Printing Presses
Air Pollution Control Act
25 Pa. Code Chapters 121 and 129Fall 2013, as final The final rulemaking amends 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 final rulemaking amends §§ 129.51 and 129.67 (relating to general; and graphic arts systems) and adds §§ 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) are also made to support the amendments to Chapter 129. Susan Hoyle
717-772-2329
shoyle@pa.govAir Quality Title V Fee Amendments
Air Pollution Control Act
25 Pa. Code Chapter 127Summer 2013, as final The final rulemaking amends 25 Pa. Code Chapter 127, Subchapter I (relating to plan approval and operating permit fees) by amending the existing per ton emission fee paid by the owner or operator of a Title V facility. Dean Van Orden
717-783-9264
dvanorden@pa.govAmendments for the Control of Major Sources of NOx and VOCs
Air Pollution Control Act
25 Pa. Code Chapter 129Summer 2013, as proposed The proposed rulemaking would amend the Reasonably Available Control Technology Requirements for major NOx- and VOC-emitting stationary sources; the proposed requirements would not apply to major VOC-emitting facilities subject to Federal Control Technique Guideline recommendations adopted by the Board as final rulemakings. Susan Hoyle
717-772-2329
shoyle@pa.govControl of VOCs from Gasoline Dispensing Facilities (Stage II)
Air Pollution Control Act
25 Pa. Code § 129.82Fall 2013, as proposed The proposed rulemaking would amend 25 Pa. Code § 129.82 (relating to control of VOCs from gasoline dispensing facilities (Stage II)) to remove the requirements for installing new and operating existing Stage II vapor recovery systems. The proposed rulemaking would establish procedures for the decommissioning of existing Stage II systems and would require Stage II systems that are not decommissioned to still comply with regulatory maintenance requirements. Susan Hoyle
717-772-2329
shoyle@pa.govControl of VOC Emissions from Miscellaneous Metal Products and Plastic Parts Surface Coating Processes, Automobile and Light-duty Truck Assembly Surface Coating Processes, Industrial Cleaning Solvent Operations and Fiberglass Boat Manufacturing Processes, and Amendments to Mobile Equipment Repair and Refinishing and Adhesives, Sealants, Primers and Solvents
Air Pollution Control Act
25 Pa. Code Chapters 121, 129 and 130Summer/Fall 2013, as proposed The proposed rulemaking would amend the existing surface coating regulations under 25 Pa. Code Chapter 129 (relating to standards for sources) to further reduce the emissions of volatile organic compounds (VOCs) from miscellaneous metal products and plastic parts surface coating processes, automobile and light-duty truck assembly surface coating processes, industrial cleaning solvent operations and fiberglass boat manufacturing processes to meet the Clean Air Act (CAA) ''reasonably available control measures,'' including ''reasonably available control technology'' (RACT), requirements for ozone nonattainment areas. The emission limits and work practice standards would be consistent with the recommendations of the United States Environmental Protection Agency (EPA) included in the corresponding Control Techniques Guideline (CTG) documents. The proposed rulemaking would also amend the existing surface coating regulations in 25 Pa. Code § 129.75 (relating to mobile equipment repair and refinishing) to coordinate emission limits and work practice requirements of the Susan Hoyle
717-772-2329
shoyle@pa.govCAA RACT for automobiles and light-duty trucks and the Ozone Transport Commission model rule requirements for motor vehicle and mobile equipment non-assembly line coating operations. Clarifying amendments would be proposed for the adhesives, sealants, primers and solvents regulations in 25 Pa. Code §§ 129.77 and 130.701—130.708 (relating to control of emissions from the use or application of adhesives, sealants, primers and solvents; and adhesives, sealants, primers and solvents). Amendments to 25 Pa. Code § 121.1 (relating to definitions) would also be proposed to support the amendments to Chapter 129. Regulated Medical and Chemotherapeutic Waste Amendments
Solid Waste Management Act
25 Pa. Code Chapters 271, 284 and 285Fall 2013, as final This rulemaking will amend the existing Chapter 284 and add or amend definitions in Chapter 271. The term ''infectious waste'' will be replaced globally with the term ''regulated medical waste.'' In addition to definitional changes, the rulemaking includes changes to storage, transporter licensing and manifesting requirements for regulated medical waste. Ali Tarquino Morris
717-783-2630
altarquino@pa.govRadiological Health
Radiation Protection Act and Radon Certification Act
25 Pa. Code Chapters 215—240Fall 2013, as proposed 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@pa.govAdministration of Land Recycling Program
Land Recycling and Environmental Remediation Standards Act
25 Pa. Code Chapter 250Spring 2013, as proposed This rulemaking will amend 25 Pa. Code Chapter 250 to update the Medium Specific Concentrations established under the Statewide health standards. Troy Conrad
717-783-9480
tconrad@pa.govGENERAL SERVICES Responsibility,
4 Pa. Code Chapter 60Summer 2013, as proposed This chapter will be amended to be consistent with the Procurement Code and to provide for uniform debarment and suspension procedures. Ken Rapp
(717) 787-5295
Chuck Anderson
(717) 214-7739
Michael Barrett
(717) 346-9781Committee on Construction Contract Documents, 4 Pa. Code Chapter 62 Spring 2013, as final omitted The Procurement Code repealed the legislation creating this committee, which no longer exists. Liz O'Reilly
(717) 787-7095
Ed Olivieri
(717) 783-3280Selections Committee, 4 Pa. Code Chapter 64 Spring 2013, as final omitted These regulations should be rescinded since they have been superseded by the Commonwealth Procurement Code. Liz O'Reilly
(717) 787-7095
Ed Olivieri
(717) 783-3280Emergency Construction Repairs
4 Pa. Code Chapter 67Spring 2013, as final omitted These regulations should be rescinded since they have been superseded by the Commonwealth Procurement Code. Liz O'Reilly
(717) 787-7095
Ed Olivieri
(717) 783-3280Contract Compliance
4 Pa. Code Chapter 68 Subchapter A, Prequalification of Vendors and Non-construction ContractorsSpring 2013, as final omitted These regulations should be rescinded since the subject matter of these rules is now covered by the directives management system. Liz O'Reilly
(717) 787-7095
Ed Olivieri
(717) 783-3280Methods of Awarding Contracts,
4 Pa. Code Chapter 69Spring 2013, as final omitted These regulations should be rescinded since they have been superseded by the Commonwealth Procurement Code. Ken Rapp
(717) 787-5295
Chuck Anderson
(717) 214-7739HEALTH Emergency Medical Services System Regulations
28 Pa. Code Chapters 1021—1033.Summer 2013, as final. These new regulations will facilitate the Department's administration of the Emergency Medical Services System Act (Act) chapter of Act 37 (2009), 35 Pa.C.S. §§ 8101—8157. The Act is designed to update the existing emergency medical services system by ensuring higher quality and better coordinated emergency medical services are provided in a system that is fully integrated with the overall health care system and, in particular, with the public health system. Michael D.I. Siget
(717) 783-2500Communicable and non-Communicable Diseases
28 Pa. Code Chapter 27Summer 2013, as proposed. These existing regulations are being revised to improve the Department's ability to prevent and control the spread of communicable and non-communicable diseases. 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 Jalene Kolb
(717) 783-8228non-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. Photo Identification Tag Regulations
28 Pa. Code Chapter 54Summer 2013, as proposed. The Health Care Facilities Act (35 P. S. §§ 448.101 et seq.) was amended by the passage of Act 2010-110 on November 23, 2010. This new section of the Act (35 P. S. § 448.809.2) requires health care workers employed in health care facilities and physician practices to wear photo identification tags that also contain other information including name, title and name of the health care facility. James T. Steele
(717) 783-2500School Health Services
28 Pa. Code Chapter 23Spring 2014, as proposed. The School Health regulations were promulgated pursuant to the Department's authority to oversee school health services required by Article XIV of the Public School Code, 24 P. S. §§ 14.1401 et seq. State and Federal laws enacted since 2005 have changed the requirements for school health services. Those legislative changes require changes to the school health regulations. Anticipated changes include new provisions to address: possession and use of asthma inhalers and epinephrine auto-injectors (24 P. S. § 14-1414.1); currently accepted precautions against the spread of tuberculosis (24 P. S. § 14-1416); medical examinations of teachers and other persons including Karin Simpson
(717) 783-2500volunteers (24 P. S. § 14-1418(b)); requirements for local wellness policies (24 P. S. § 14-1422.1); requirements for independent dental hygiene practitioners working in the school setting; and revisions to the duties of the Certified School Nurse to track requirements in Federal laws protecting the rights of students with disabilities and to incorporate applicable professional nursing practice standards. HOUSING FINANCE AGENCY No regulations being developed or considered at this date. INFRASTRUCTURE INVESTMENT AUTHORITY 25 Pa. Code §§ 963.12(a)(7) 963.13(b)2, 963.13(c), 963.15(a), 963(15)(c), 965.4(9) and 965.7. Spring 2014-Proposed PENNVEST recommends the following revisions:
(1) Delete 25 Pa. Code § 963.12(a)(7) thereby allowing PENNVEST to provide financial assistance (loan and grant) for costs associated with the extraction for profit of minerals or other resources from wastewater or sludge whether the project is sponsored by a public or private actor.Shawn W. Weis
(717) 783-6776(2) Amend 25 Pa. Code § 963.13(c) by revising the section to provide for an amortization of advance funding loans with a term of 59 months of interest only and repayment on principal and interest on the 60th month.
(3) Amend 25 Pa. Code § 963.18 by increasing the current threshold for prior written approval of change orders from $25,000 to $50,000.
(4) Amend 25 Pa. Code § 963.15(a) by revising the first sentence to provide for a change in the normal loan term to allow 3 years of interest only prior to principal amortization.
(5) Amend 25 Pa. Code § 963.15(c)(5) to provide that maximum interest rates on loans shall be determined based upon the unemployment rate for the applicable county in the most recent calendar year for which data has been finalized as of the application cutoff date.
(6) Amend 25 Pa. Code § 965.4(9) to allow for eligible land costs under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970.
(7) Delete 25 Pa. Code § 965.7 to eliminate the requirement for a second opinion project review.
(8) Delete 25 Pa. Code § 963.18(c)(2)(iii) to eliminate the requirement for prior written approval of change orders that exceed $25,000 or 2 percent of the amount of the project's construction cost, or an aggregate of all change orders that exceed 10 percent of the project's construction cost.
(9) Delete 25 Pa. Code § 965.9(d) to eliminate the requirement for performance certifications 1 year after initiation of operation.
(10) Amend 25 Pa. Code § 963.15(c)(6) by revising the sentence to define ''bond interest rate'' to mean the rate of interest paid by the Commonwealth in its issuance of general obligation bonds immediately preceding the date of the approval of the loan.
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