DEP Regulatory Update
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] 2 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. 3 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] 4 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] 5 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] 6 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] 7 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] 8 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. 9 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. 10 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] 11 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] 12 T S
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