DEP REGULATORY UPDATE
January 29, 2015
(This update is designed to provide a quick snapshot of the current status of regulations within DEP)
NOTE: New Actions are highlighted.
Title of Regulation /
Statutory Authority
Summary of Regulation & Contact
Status
Land Reclamation Financial
Guarantees and Bioenergy
Crop Bonding
Acts 95 and 157 of 2012
25 Pa Code, Chapters 77, 86,
87, 88, 89, 90, 211
This proposed 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.
CURRENT STATUS: Draft Final
CONTACT: Bill Allen, 717-783-9580,
[email protected]
Background:
 IRRC comments received December 24, 2014.
 The public comment period closed on November 24, 2014.
 The rulemaking was published in the PA Bulletin as proposed on
October 25, 2014, opening the public comment period.
 The rulemaking was adopted as proposed by the EQB at its July 15,
2014 meeting.
 EP staff and members of the Mining and Reclamation Advisory
Board (MRAB) discussed the draft proposed rulemaking at MRAB’s
October 24, 2013, meeting.
Draft final-form Annex presented to MRAB January 22, 2015. Final
regulatory package is being drafted.
Title of Regulation /
Statutory Authority
Summary of Regulation & Contact
Status
Control of VOC Emissions
from Fiberglass Boat
Manufacturing Processes
Air Pollution Control Act
25 Pa Code Chapters 121, 129
and 130
This rulemaking amends 25 Pa. Code Chapter 129 (relating
to standards for sources) to reduce the emissions of volatile
organic compounds from fiberglass boat manufacturing
materials including open molding resins, gel coats and
cleaning materials to meet the Clean Air Act “reasonably
available control measures,” including “reasonably available
control technology,” 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 (U.S. EPA)
included in the Control Techniques Guideline document for
this source category. The final rulemaking will be submitted
to the United States Environmental Protection Agency for
approval as revision to the Commonwealth’s State
Implementation Plan.
CURRENT STATUS: Draft Final
CONTACT: Susan Hoyle, 717-772-2329, [email protected]
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Final rulemaking is being drafted. Draft final-form Annex was
presented to the Air Quality Technical Advisory Committee on
November 7, 2014 and to the Small Business Compliance Advisory
Committee on January 28, 2015. Both AQTAC and SBCAC approved
moving the regulation forward for consideration by the EQB.
Background:
 IRRC submitted comments on October 22, 2014.
 This proposed rulemaking was published in the Pennsylvania
Bulletin on July 19, 2014, opening the public comment period.
Three hearings weld held on August 19 (Pittsburgh), August 20
(Norristown), and August 21 (Harrisburg). The public comment
period closed on September 22, 2014.
 This proposed rulemaking was adopted by the EQB as proposed at
its May 21, 2014 meeting.
 Concepts of the rulemaking were discussed with the Small Business
Compliance Advisory Committee (SBCAC) at the committee’s April
23, 2014, meeting.
 Concepts of the rulemaking were provided to the Air Quality
Technical Advisory Committee (AQTAC) at its meeting in December
of 2013.
NOTE: New Actions are highlighted.
Title of Regulation /
Statutory Authority
Summary of Regulation & Contact
Status
Underground Coal Mine
Safety
Standards for Surface
Facilities Regulations
Bituminous Coal Mine Safety
Act
25 Pa. Code, Chapter 208
The rulemaking adopts by reference, with certain
modifications, the MSHA regulations (30 CFR Part 77) for
surface areas of underground bituminous coal mines.
CURRENT STATUS: Draft Final
Additional RACT
Requirements for the Control
of Major Sources of NOx and
VOCs
Air Pollution Control Act
25 Pa. Code Chapter 129
The proposed rulemaking would amend the Reasonably
Available Control Technology Requirements for major NOxand 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.
CONTACT: Joseph Sbaffoni, 724-439-7469,
[email protected]
Final regulatory package has been prepared and is undergoing internal
DEP review.
Background:
 The public comment period closed on September 2, 2014. IRRC
comments were received on October 2, 2014.
 This rulemaking was published in the August 2, 2014 PA Bulletin.
 This rulemaking was approved as proposed at the Board of Coal
Mine Safety’s June 10, 2014 meeting.
CONTACT: Susan Hoyle, 717-772-2329, [email protected]
CURRENT STATUS: Draft Final
Final rulemaking is being drafted. Draft final-form Annex was
presented to the Air Quality Technical Advisory Committee on
November 7, 2014 and to the Small Business Compliance Advisory
Committee on January 28, 2015. Both AQTAC and SBCAC approved
moving the regulation forward for consideration by the EQB. Both
committees noted amendments and/or concerns regarding the
regulation.
Background:
 The comment period for this rulemaking closed on June 30, 2014.
IRRC comments were received July 30, 2014.
 The proposed rulemaking was published in the April 19, 2014 of the
PA Bulletin opening the public comment period. Three hearings
were held on May 27 (Pittsburgh), May 28 (Norristown) and May 29
(Harrisburg).
 The proposed rulemaking was adopted by the EQB at its November
19, 2013 meeting.
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NOTE: New Actions are highlighted.
Title of Regulation /
Statutory Authority
Summary of Regulation & Contact
Status
Administration of Land
Recycling Program
Land Recycling Act
25 Pa Code, Chapter 250
This rulemaking will amend 25 Pa Code Chapter 250 to
update the Medium Specific Concentrations established
under the Statewide health standards.
CURRENT STATUS: Draft Final
CONTACT: Troy Conrad, 717-783-9480, [email protected]
Environmental Protection
Performance Standards at Oil
and Gas Well Sites
Oil and Gas Act
25 Pa. Code, Chapter 78
Subchapter C
The proposed rulemaking includes 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.
The final regulation is being drafted. A draft final-form Annex was
presented to the CSSAB at its December 17, 2014 meeting.
Background:
 The public comment period closed on June 17, 2014. IRRC
comments were received on July 17, 2014.
 The proposed rulemaking was published in PA Bulletin on May 17,
2014,opening the public comment period.

The EQB adopted the proposed rulemaking at its February 18,
2014 meeting.
CURRENT STATUS: Proposed
This proposed rulemaking is now split into two chapters – Chapter 78
pertains to conventional operations and Chapter 78A pertains to
unconventional operations. The content of the rulemaking will be
modified as needed in response to comments received on the
proposed rule and the availability of new information relevant to the
implementation of this rulemaking.
Background:
 DEP provided an overview of comments at the June 26, 2014 Oil
and Gas Technical Advisory Board meeting.
 The EQB received over 24,000 comments and 290 commentators
provided testimony at the hearings.
 The EQB held 9 hearings in January and February of 2014 to accept
testimony on the proposed rulemaking and extended the comment
period to 90 days, closing the public comment period on March 14,
2014.
 The EQB approved the proposed rulemaking at its August 27, 2013,
meeting.
CONTACT: Kurt Klapkowski, 717-772-2199
[email protected]
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NOTE: New Actions are highlighted.
Title of Regulation /
Statutory Authority
Summary of Regulation & Contact
Status
Security Rule for Radioactive
Material
Radiation Protection Act
25 Pa Code Chapter 215
This rulemaking incorporates by reference selected
regulations from Title 10, Chapter I, of the U.S. Nuclear
Regulatory Commission (NRC) Code of Federal Regulations
(CFR) relating to radiation protection and control of
radioactive materials. Recently NRC implemented new
security-related regulations, known as 10 CFR Part 37, which
Pennsylvania is required to adopt by March, 2016. The
purpose of this amendment is to reference the new Part 37,
except for those subsections which only apply to the NRC.
CURRENT STATUS: Proposed
CONTACT: Joseph Melnic, 717-783-9730, [email protected]
Control of VOC Emissions
from Miscellaneous Metal
and Plastic Parts Coatings
Air Pollution Control Act
25 Pa Code, Chapter 129
This 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 from miscellaneous metal and
plastic parts coatings to meet the Clean Air Act “reasonably
available control measures,” including “reasonably available
control technology,” requirements for ozone nonattainment
areas. The emission limits and work practice standards
would be consistent with the recommendations of the U.S.
EPA included in the corresponding Control Techniques
Guideline document for this source category. The final
rulemaking will be submitted to the United States
Environmental Protection Agency for approval as a revision
to the Commonwealth’s State Implementation Plan.
CONTACT: Susan Hoyle, 717-772-2329, [email protected]
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Publication of the proposed rulemaking, opening the public comment
period, is anticipated for first quarter of 2015.
Background:
 This proposed rulemaking was approved by the EQB at its October
21, 2014 meeting.
 DEP’s Radiation Protection Advisory Committee (RPAC) endorsed
moving forward with the regulatory revision process at its June 12,
2014 meeting.
 DEP discussed the need for regulatory revisions with RPAC at its
March 6, 2014 meeting.
CURRENT STATUS: Proposed
Publication of the proposed rulemaking, opening the public comment
period, is anticipated the second quarter of 2015.
Background:
 This proposed rulemaking was approved by the EQB at its October
21, 2014 meeting.
 Concepts of the rulemaking were discussed with the Small Business
Compliance Advisory Committee (SBCAC) at the committee’s April
23, 2014, meeting.
 Concepts of the rulemaking were provided to the Air Quality
Technical Advisory Committee (AQTAC) at its meeting on February
20, 2014.
NOTE: New Actions are highlighted.
Title of Regulation /
Statutory Authority
Summary of Regulation & Contact
Status
Control of VOC Emissions
from Automobile and LightDuty Truck Assembly
Coatings
Air Pollution Control Act
25 Pa Code, Chapter 129
This 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 from automobile and light-duty
truck assembly coatings to meet the Clean Air Act
“reasonably available control measures,” including
“reasonably available control technology,” requirements for
ozone nonattainment areas. The emission limits and work
practice standards would be consistent with the
recommendations of the U.S. EPA included in the
corresponding Control Techniques Guideline document for
this source category. The final rulemaking will be submitted
to the United States Environmental Protection Agency for
approval as a revision to the Commonwealth’s State
Implementation Plan.
CURRENT STATUS: Draft Proposed
CONTACT: Susan Hoyle, 717-772-2329, [email protected]
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This proposed rulemaking is tentatively planned for EQB consideration
in 2015.
Background:
 Concepts of the rulemaking were discussed with the Small Business
Compliance Advisory Committee (SBCAC) at the committee’s April
23, 2014, meeting.
 Concepts of the rulemaking were provided to the Air Quality
Technical Advisory Committee (AQTAC) at its meeting on April 3,
2014.
NOTE: New Actions are highlighted.
Title of Regulation /
Statutory Authority
Summary of Regulation & Contact
Status
Control of VOC Emissions
from Industrial Cleaning
Solvents
Air Pollution Control Act
25 Pa Code, Chapter 129
This rulemaking would amend the existing surface coating
regulations under 25 Pa. Code Chapter 129 (relating to
standards for sources) to reduce the emissions of volatile
organic compounds from industrial cleaning solvents not
regulated elsewhere in 25 Pa. Code, Article III to meet the
Clean Air Act “reasonably available control measures,”
including “reasonably available control technology,”
requirements for ozone nonattainment areas. The
emission limits and work practice standards would be
consistent with the recommendations of the U.S. EPA
included in the corresponding Control Techniques Guideline
document for this source category. The final rulemaking
will be submitted to the U.S. EPA for approval as a revision
to the Commonwealth’s State Implementation Plan.
CURRENT STATUS: Draft Proposed
This proposed rulemaking is tentatively planned for EQB consideration
in 2015.
Background:
 Concepts of the rulemaking were discussed with the Small Business
Compliance Advisory Committee (SBCAC) at the committee’s April
23, 2014, meeting.
 Concepts of the rulemaking were provided to the Air Quality
Technical Advisory Committee (AQTAC) at meeting on February 20,
2014.
CONTACT: Susan Hoyle, 717-772-2329, [email protected]
Revised Total Coliform Rule
Pennsylvania Safe Drinking
Water Act
25 Pa Code, Chapter 109
This proposed rulemaking will amend 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.
CONTACT: Jeff Allgyer, 717-772-4015, [email protected]
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CURRENT STATUS: Draft Proposed
Updates to the development of the rulemaking were discussed at the
Small Water System Technical Assistance Center meetings in 2014.
NOTE: New Actions are highlighted.
Title of Regulation / Statutory
Authority
Summary of Regulation & Contact
Status
Oil & Gas Well Program
Subchapter D Amendments
Oil and Gas Act
25 Pa. Code, Chapter 78
Subchapter D
This 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.
CURRENT STATUS: Draft Proposed
CONTACT: Kurt Klapkowski, 717-772-2199
[email protected]
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Updates to the development of the rulemaking were discussed at the
Oil and Gas Technical Advisory Board meetings in 2014.
COMPLETED REGULATIONS
2014
Title of Regulation /
Statutory Authority
Summary of Regulation & Contact
Status
Emissions of Particulate
Matter
Air Pollution Control Act
25 Pa. Code Chapter 139,
§ 139.12
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 final rulemaking amends § 139.12 to reflect the
change in Federal test method requirements. Other
clarifying amendments to Chapter 139 were included for
timeliness of reporting requirements.
CURRENT STATUS: Complete
CONTACT: Susan Hoyle, 717-772-2329, [email protected]
Oil and Gas Well Permit Fees
Oil and Gas Act
25 Pa. Code, Chapter 78
Subchapter B
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.
CONTACT: Kurt Klapkowski, 717-772-2199
[email protected]
The rulemaking was published as final in the April 12, 2014, PA Bulletin
(http://www.pabulletin.com/secure/data/vol44/44-15/763.html)
Background:
 The final rulemaking was approved by IRRC at its February 27, 2014
meeting.
 The EQB adopted the rulemaking as final at its November 19, 2013
meeting.
 The proposed rulemaking was published in the July 7, 2012 issue of
the PA Bulletin
 The EQB approved the proposed rulemaking at its April 17, 2012
meeting.
CURRENT STATUS: Complete
The rulemaking was published as final in the June 14, 2014, PA Bulletin
(http://www.pabulletin.com/secure/data/vol44/44-24/1245.html).
Background:
 The final rulemaking was approved by IRRC at its May 1, 2014 public
meeting.
 The proposed rulemaking was published in the September 14, 2013,
issue of the PA Bulletin.
 The proposed rulemaking was unanimously adopted by the EQB at
the Board’s July 16, 2013, meeting.
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Title of Regulation /
Statutory Authority
Summary of Regulation & Contact
Status
Underground Coal Mine
Safety
High Voltage Continuous
Mining Machine Standards
for Underground Coal Mines
Bituminous Coal Mine Safety
Act
25 Pa. Code, Chapter 208
This rulemaking adopts by reference, with certain
modifications, MSHA regulations (30 CFR Part 75)
concerning high voltage continuous mining machine
standards for underground bituminous coal mines.
CURRENT STATUS: Complete
CONTACT: Joseph Sbaffoni, 724-439-7469,
[email protected]
Background:
 The rulemaking was approved by IRRC at its May 22, 2014 public
meeting.
 The Board of Coal Mine safety adopted the final rulemaking at its
March 11, 2014 meeting.
 The proposed rulemaking was published in the October 5, 2013,
issue of the PA Bulletin, where a 30-day public comment period was
advertised. No comments were received.
 The Board of Coal Mine Safety adopted the proposed rulemaking at
its June 26, 2013, meeting.
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The rulemaking was published as final in the June 28, 2014, PA Bulletin
(http://www.pabulletin.com/secure/data/vol44/44-26/1342.html).
Title of Regulation /
Statutory Authority
Summary of Regulation & Contact
Status
Control of VOC Emissions
from Flexible Packaging
Printing Presses, Offset
Lithographic Printing Presses
and Letterpress Printing
Presses; and Adhesives,
Sealants, Primers, and
Solvents
Air Pollution Control Act
25 Pa Code, Chapter 121 and
129
This 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.
CURRENT STATUS: Complete
CONTACT: Susan Hoyle, 717-772-2329, [email protected]
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The rulemaking was published as final in the June 28, 2014 PA Bulletin
(http://www.pabulletin.com/secure/data/vol44/44-26/1341.html).
Background:
 The rulemaking was approved by IRRC at its May 1, 2014 public
meeting.
 The EQB adopted the final rule at its February 18, 2014 meeting.
 DEP staff discussed comments the EQB received on the proposed
rulemaking at AQTAC’s February 14, 2013, meeting.
 On May 16, 2012, IRRC issued comments on the proposed
rulemaking.
 The proposed rulemaking was published in the February 11, 2012,
issue of the PA Bulletin.
 The EQB approved the proposed rulemaking at its September 20,
2011, meeting.
Title of Regulation /
Statutory Authority
Summary of Regulation & Contact
Status
Regulated Medical and
Chemotherapeutic Waste
Amendments
Solid Waste Management Act
25 Pa Code Chs. 271, 272,
273, 284, 285, 287, 288 and
299)
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, this
proposal includes changes to storage, transporter licensing
and manifesting requirements for regulated medical waste.
CURRENT STATUS: Complete
The rulemaking was published as final in the November 8, 2014 PA
Bulletin (http://www.pabulletin.com/secure/data/vol44/4445/2307.html).
Background:
 This rulemaking was approved by IRRC at its September 18, 2014
public meeting.
 The rulemaking was adopted as final by the EQB at its July 15, 2014
meeting.
 The Solid Waste Advisory Committee (SWAC) met on June 5, 2014
and recommended moving the rulemaking forward for EQB
consideration.
 On October 23, 2013, IRRC issued comments on the proposed
rulemaking.
 The public comment period for the proposed rulemaking closed on
September 23, 2013.
 The EQB adopted the proposed rulemaking as presented by DEP at
the board’s April 16, 2013, meeting.
CONTACT: Ali Tarquino Morris, (717) 783-2630,
[email protected]
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