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August 29, 2009 (Pages 5105-5222) Pennsylvania Bulletin Volume 39 (2009) Repository 8-29-2009 August 29, 2009 (Pages 5105-5222) Pennsylvania Legislative Reference Bureau Follow this and additional works at: https://digitalcommons.law.villanova.edu/pabulletin_2009 Recommended Citation Pennsylvania Legislative Reference Bureau, "August 29, 2009 (Pages 5105-5222)" (2009). Volume 39 (2009). 35. https://digitalcommons.law.villanova.edu/pabulletin_2009/35 This August is brought to you for free and open access by the Pennsylvania Bulletin Repository at Villanova University Charles Widger School of Law Digital Repository. It has been accepted for inclusion in Volume 39 (2009) by an authorized administrator of Villanova University Charles Widger School of Law Digital Repository. Volume 39 Number 35 Saturday, August 29, 2009 • Harrisburg, PA Pages 5105—5222 Agencies in this issue The General Assembly The Courts Department of Agriculture Department of Banking Department of Conservation and Natural Resources Department of Environmental Protection Department of Health Department of Labor and Industry Department of State Department of Transportation Environmental Quality Board Fish and Boat Commission Game Commission Health Care Cost Containment Council Independent Regulatory Review Commission Insurance Department Patient Safety Authority Pennsylvania Gaming Control Board Pennsylvania Public Utility Commission State Board of Barber Examiners State Board of Cosmetology Detailed list of contents appears inside. PRINTED ON 100% RECYCLED PAPER Latest Pennsylvania Code Reporter (Master Transmittal Sheet): No. 417, August 2009 published weekly by Fry Communications, Inc. for the PENNSYLVANIA BULLETIN Commonwealth of Pennsylvania, Legislative Reference Bu- reau, 641 Main Capitol Building, Harrisburg, Pa. 17120, (ISSN 0162-2137) under the policy supervision and direction of the Joint Committee on Documents pursuant to Part II of Title 45 of the Pennsylvania Consolidated Statutes (relating to publi- cation and effectiveness of Commonwealth Documents). Subscription rate $82.00 per year, postpaid to points in the United States. Individual copies $2.50. Checks for subscrip- tions and individual copies should be made payable to ‘‘Fry Communications, Inc.’’ Periodicals postage paid at Harris- Postmaster send address changes to: burg, Pennsylvania. FRY COMMUNICATIONS Orders for subscriptions and other circulation matters Attn: Pennsylvania Bulletin should be sent to: 800 W. Church Rd. Fry Communications, Inc. Mechanicsburg, Pennsylvania 17055-3198 Attn: Pennsylvania Bulletin (717) 766-0211 ext. 2340 800 W. Church Rd. (800) 334-1429 ext. 2340 (toll free, out-of-State) Mechanicsburg, PA 17055-3198 (800) 524-3232 ext. 2340 (toll free, in State) Copyright ௠ 2009 Commonwealth of Pennsylvania Editorial preparation, composition, printing and distribution of the Pennsylvania Bulletin is effected on behalf of the Commonwealth of Pennsylvania by FRY COMMUNICATIONS, Inc., 800 W. Church Road, Mechanicsburg, Pennsylvania 17055-3198. 5107 CONTENTS THE GENERAL ASSEMBLY ENVIRONMENTAL QUALITY BOARD Recent actions during the 2009 regular session of Rules and Regulations the General Assembly ........................... 5114 Safe drinking water—general update, correction .... 5119 Proposed Rulemaking Erosion and sediment control and stormwater man- THE COURTS agement........................................5131 Philadelphia Rules Notices In re: Philadelphia Traffic Court; President Judge Acceptance of rulemaking petition of study .........5212 Administrative Order; No. 2009-04............... 5115 EXECUTIVE BOARD Lackawanna County Statements of Policy Repeal and adoption of rules of civil procedures; no. Reorganization of the Department of Conservation 94-CV-102 ...................................... 5115 and Natural Resources ..........................5164 FISH AND BOAT COMMISSION EXECUTIVE AGENCIES Notices Classification of wild trout streams; addition of DEPARTMENT OF AGRICULTURE Walker Run, Luzerne County ....................5212 Proposed Rulemaking Lake Erie commercial fishing; 2009 revised total Comment period extended for the proposed rule- allowable catch for yellow perch .................5212 making on the milk sanitation...................5131 Proposed special regulation redesignation; Fishing DEPARTMENT OF BANKING Creek, Columbia County ........................5213 Notices GAME COMMISSION Actions on applications............................5166 Rules and Regulations Lands and buildings (3 documents) .....5119, 5120, 5121 DEPARTMENT OF ENVIRONMENTAL PROTECTION Hunting and trapping and special permits..........5122 Notices Special permits ...................................5123 Applications, actions and special notices............5166 Revised procedures ...............................5125 Bid opportunity...................................5205 Proposed Rulemaking Nutrient and Sediment Reduction Credit Trading Hunting and furtaker licenses .....................5152 Program .......................................5205 Hunting and trapping and special permits..........5153 Part 1 and part 2 MACT applications for industrial, Special permits ...................................5163 commercial, and institutional boilers and process heaters; notice of availability ....................5206 HEALTH CARE COST CONTAINMENT COUNCIL Proposed revisions to general NPDES permit for Notices stormwater discharges associated with construc- Meetings scheduled ...............................5213 tion activities (PAG-2); public notice of availabil- ity; correction notice ............................5206 INDEPENDENT REGULATORY REVIEW COMMISSION DEPARTMENT OF HEALTH Notices Notices Notice of comments issued ........................5213 Approved prearrest and evidential breath testing Notice of filing of final rulemaking.................5214 devices .........................................5207 Integrated Human Immunodeficiency Virus (HIV) INSURANCE DEPARTMENT Planning Council; public meeting ................5210 Notices Current Prevailing Wage Act debarments........... 5211 Application and request for a certificate of authority to provide a continuing care retirement commu- DEPARTMENT OF STATE nity by Colonial Senior Living of Western PA, Notices LLC...........................................5214 Bureau of charitable organizations; cease and desist Application for voluntary surrender of Pennsylvania order........................................... 5511 certificate of authority filed by Capital Health Bureau of commission; elections and legislation ..... 5511 Plans, Inc.......................................5215 Wayne Crecelius; prehearing ......................5215 DEPARTMENT OF TRANSPORTATION Independence Blue Cross; Blue Cross Nongroup Notices Special Care Hospital Program (11-P-09); rate Meetings scheduled ............................... 5511 filing...........................................5215 Now Available Online at http://www.pabulletin.com PENNSYLVANIA BULLETIN, VOL. 39, NO. 35, AUGUST 29, 2009 5108 Independence Blue Cross; Community Rated Basic PENNSYLVANIA PUBLIC UTILITY COMMISSION Blue Cross Hospital Adjustment (12-P-09); rate Notices filing...........................................5215 Service of notice of motor carrier applications.......5217 Independence Blue Cross; Nongroup Basic Blue Smart Meter Technology Procurement and Installa- Cross Hospital Program (10-P-09); rate filing .....5216 tion Plans (5 documents) .............5217, 5218, 5219 Notice to medical malpractice insurance carriers Telecommunications Services ......................5220 and self-insured health care providers............5216 Tentative order (3 documents) ............... 5220, 5221 PATIENT SAFETY AUTHORITY STATE BOARD OF BARBER EXAMINERS Notices Notices Bureau of Professional and Occupational Affairs v. Public meeting ...................................5216 Jeffrey A. Thomas, Sr.; doc. no. 1273-42-2009 .....5222 PENNSYLVANIA GAMING CONTROL BOARD STATE BOARD OF COSMETOLOGY Rules and Regulations Notices Revised Procedures ...............................5125 Bureau of Professional and Occupational Affairs v. Julie Thi Le; doc. no. 0562-45-2008 ..............5222 PENNSYLVANIA BULLETIN, VOL. 39, NO. 35, AUGUST 29, 2009 5109 READER’S GUIDE TO THE PENNSYLVANIA BULLETIN AND PENNSYLVANIA CODE Pennsylvania Bulletin Bulletin before it can take effect. If the agency The Pennsylvania Bulletin is the official gazette of wishes to adopt changes to the Notice of Proposed the Commonwealth of Pennsylvania. It is published Rulemaking to enlarge the scope, they must re- every week and includes a table of contents. A propose. cumulative subject matter index is published quar- Citation to the Pennsylvania Bulletin terly. Cite material in the Pennsylvania Bulletin by The Pennsylvania Bulletin serves several pur- volume number and page number. Example: Volume poses. First, it is the temporary supplement to the 1, Pennsylvania Bulletin, page 801 (short form: 1 Pennsylvania Code, which is the official codification Pa.B. 801). of agency rules and regulations and other statuto- Pennsylvania Code rily authorized documents. Changes in the codified text, whether by adoption, amendment, repeal or The Pennsylvania Code is the official codification emergency action must be published in the Pennsyl- of rules and regulations issued by Commonwealth vania Bulletin. Further, agencies proposing changes agencies and other statutorily authorized docu- to the codified text do so in the Pennsylvania ments. The Pennsylvania Bulletin is the temporary Bulletin. supplement to the
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