Pennsylvania Bulletin Volume 28 (1998) Repository

1-3-1998

January 3, 1998 (Pages 1-126)

Pennsylvania Legislative Reference Bureau

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Recommended Citation Pennsylvania Legislative Reference Bureau, "January 3, 1998 (Pages 1-126)" (1998). Volume 28 (1998). 1. https://digitalcommons.law.villanova.edu/pabulletin_1998/1

This January 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 28 (1998) by an authorized administrator of Villanova University Charles Widger School of Law Digital Repository. PENNSYLVANIA BULLETIN Volume 28 Number 1 Saturday, January 3, 1998 • Harrisburg, Pa. Pages 1—126

Agencies in this issue: The Courts Department of Agriculture Department of Banking Department of Conservation and Natural Resources Department of Education Department of Environmental Protection Department of General Services Department of Health Department of Labor and Industry Department of Public Welfare Department of Revenue Department of Transportation Environmental Hearing Board Environmental Quality Board Executive Board Fish and Boat Commission Health Care Cost Containment Council Insurance Department Liquor Control Board Pennsylvania Public Utility Commission Turnpike Commission Detailed list of contents appears inside.

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No. 278, January 1998

published weekly by Fry Communications, Inc. for the PENNSYLVANIA BULLETIN Commonwealth of Pennsylvania, Legislative Reference Bu- reau, 647 Main Capitol Building, State & Third Streets, (ISSN 0162-2137) Harrisburg, Pa. 17120, 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 publication and effectiveness of Com- monwealth Documents). Subscription rate $80.50 per year, postpaid to points in the United States. Individual copies $2. Checks for subscriptions and individual copies should be made payable to ‘‘Fry Communications, Inc.’’ Periodicals Postmaster send address changes to: postage paid at Harrisburg, Pennsylvania. Orders for subscriptions and other circulation matters FRY COMMUNICATIONS should be sent to: Attn: Pennsylvania Bulletin 800 W. Church Rd. Fry Communications, Inc. Mechanicsburg, Pennsylvania 17055-3198 Attn: Pennsylvania Bulletin (717) 766-0211 ext. 340 800 W. Church Rd. (800) 334-1429 ext. 340 (toll free, out-of-State) Mechanicsburg, PA 17055-3198 (800) 524-3232 ext. 340 (toll free, in State)

Copyright ௠ 1998 Commonwealth of Pennsylvania ISBN 0-8182-0004-9

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. 3 Contents

THE COURTS DEPARTMENT OF GENERAL SERVICES Notices DISCIPLINARY BOARD OF THE SUPREME COURT Contract awards ...... 125 Notice of disbarment ...... 11 State contracts information...... 118 Notice of transfer of attorneys to inactive status ...... 11 DEPARTMENT OF HEALTH LOCAL COURT RULES Notices Delaware County Governor’s Council on Physical Fitness and Sports.... 96 Amendments to rules of criminal procedure; Human Immunodeficiency Virus (HIV) Community 97-80793 ...... 8 Prevention Planning Committee meeting ...... 96 Fayette County Laboratories approved to determine blood alcohol Amended rule; Local Rule 211: motions court; no. content under the Clinical Laboratory Act, the 2476 of 1997, G. D...... 8 Vehicle Code, the Fish and Boat Code and the Amended rule; Local Rule 214: pre-trial docket and Game and Wildlife Code...... 97 jury trial docket; no. 2475 of 1997, G. D...... 9 DEPARTMENT OF LABOR AND INDUSTRY Local Rule 1801.1: notice to defend; 46 December Term 1954...... 9 Rules and Regulations Retirement pensions and annuities ...... 21 Westmoreland County Administrative Order: civil rules; no. 3 of 1997 ...... 10 DEPARTMENT OF PUBLIC WELFARE Notices Office of Children, Youth and Families; regulatory EXECUTIVE AGENCIES agenda addendum ...... 104 DEPARTMENT OF REVENUE DEPARTMENT OF AGRICULTURE Notices Notices Pennsylvania Dozen Roses ’98 instant lottery game . . 104 Animal Health and Diagnostic Commission; meet- Pennsylvania $10,000 Money Match instant lottery ings for 1998 ...... 51 game...... 106 DEPARTMENT OF BANKING DEPARTMENT OF TRANSPORTATION Rules and Regulations Notices Repeal of various provisions ...... 14 Application for lease of right-of-way...... 108 Proposed Rulemaking Approved speed-timing devices and appointment of Consumer discount companies ...... 44 maintenance and calibration stations ...... 108 Lehigh and Northampton Counties—findings ...... 108 Notices Retention of engineering firms...... 109 Action on applications...... 51 ENVIRONMENTAL HEARING BOARD DEPARTMENT OF CONSERVATION AND NATURAL Notices RESOURCES DEP v. Crown Recycling and Recovery, Inc., et al.; Notices EHB doc. no. 92-429-CP-MG...... 112 Conservation and Natural Resources Advisory Council; meeting notice ...... 52 ENVIRONMENTAL QUALITY BOARD DEPARTMENT OF EDUCATION Rules and Regulations Financial assistance ...... 18 Notices Small Operator Assistance Program (SOAP) ...... 15 Availability of Adult Education Act Section 322 funds for adult basic education including English EXECUTIVE BOARD as a second language and adult secondary educa- Statements of Policy tion programs for Program Year 1998-99 ...... 52 Reorganization of Governor’s Office of Administra- Availability of Pennsylvania State grant funds for tion ...... 49 adult literacy programs, Act 143 of 1986 for Program Year 1998-99...... 53 FISH AND BOAT COMMISSION Availability of State grant funds for Pennsylvania Rules and Regulations literacy corps programs ...... 54 Administration, Commission property and boating .... 30 DEPARTMENT OF ENVIRONMENTAL PROTECTION Boating (2 documents) ...... 34,40 See also ENVIRONMENTAL QUALITY BOARD Proposed Rulemaking Notices Fishing ...... 45 Applications, actions and special notices...... 54 HEALTH CARE COST CONTAINMENT COUNCIL Availability of technical guidance ...... 94 Notices Grant project proposals ...... 95 Meeting notice...... 113 Waste Management Citizen’s Roundtable; meeting schedule ...... 96

PENNSYLVANIA BULLETIN, VOL. 28, NO. 1, JANUARY 3, 1998 4

INSURANCE DEPARTMENT PENNSYLVANIA PUBLIC UTILITY COMMISSION Notices Rules and Regulations Alleged violation of insurance laws: Pasquale J. Residential low income usage reduction programs..... 25 Scaramuzza; doc. no. SC97-12-013 ...... 113 Appeal of Michael L. Donmoyer under The Motor Notices Vehicle Financial Responsibility Law Catastrophic Fryburg Water Company and Venus Water Supply Loss Benefits Continuation Fund; doc. no. CF97- Company—water service ...... 117 12-022 ...... 113 Service of notice of motor carrier applications...... 114 LIQUOR CONTROL BOARD TURNPIKE COMMISSION Notices Notices Expiration of leases ...... 114 Request for bids ...... 117

PENNSYLVANIA BULLETIN, VOL. 28, NO. 1, JANUARY 3, 1998 5 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 Pennsylvania Code, printing changes as soon as they occur. These changes are Second, the Pennsylvania Bulletin also publishes: then permanently codified by the Pennsylvania Governor’s Executive Orders; State Contract No- Code Reporter, a monthly, loose-leaf supplement. tices; Summaries of Enacted Statutes; Statewide and Local Court Rules; Attorney General Opinions; The Pennsylvania Code is cited by title number Motor Carrier Applications before the Public Utility and section number. Example: Title 10 Pennsylva- Commission; Applications and Actions before the nia Code, § 1.1 (short form: 10 Pa.Code § 1.1). Department of Environmental Protection; Orders of Under the Pennsylvania Code codification system, the Independent Regulatory Review Commission; each regulation is assigned a unique number by and other documents authorized by law. title and section. Titles roughly parallel the organi- zation of Commonwealth government. Title 1 Penn- The text of certain documents published in the sylvania Code lists every agency and its correspond- Pennsylvania Bulletin is the only valid and enforce- ing Code title location. able text. Courts are required to take judicial notice of the Pennsylvania Bulletin. How to Find Documents Adoption, Amendment or Repeal of Search for your area of interest in the Pennsylva- Regulations nia Code. The Pennsylvania Code contains, as Finding Aids, Generally an agency wishing to adopt, amend or subject indexes for the complete Code and for each repeal regulations must first publish in the Pennsyl- individual title, a list of Statutes Used As Authority vania Bulletin a Notice of Proposed Rulemaking. for Adopting Rules and a list of annotated cases. There are limited instances where the agency may Source Notes give you the history of the documents. omit the proposal step; they still must publish the To see if there have been recent changes, not yet adopted version. codified, check the List of Pennsylvania Code Chap- The Notice of Proposed Rulemaking contains the ters Affected in the most recent issue of the Penn- full text of the change, the agency contact person, a sylvania Bulletin. fiscal note required by law and background for the The Pennsylvania Bulletin also publishes a quar- action. terly List of Pennsylvania Code Sections Affected The agency then allows sufficient time for public which lists the regulations in numerical order, comment before taking final action. An adopted followed by the citation to the Pennsylvania Bulle- proposal must be published in the Pennsylvania tin in which the change occurred.

SUBSCRIPTION INFORMATION: (717) 766-0211 GENERAL INFORMATION AND FINDING AIDS: (717) 783-1530

PENNSYLVANIA BULLETIN, VOL. 28, NO. 1, JANUARY 3, 1998 6

Printing Format Material proposed to be added to an existing rule or regulation is printed in bold face and material proposed to be deleted from such a rule or regulation is enclosed in brackets []and printed in bold face. Asterisks indicate ellipsis of Pennsylvania Code text retained without change. Proposed new or additional regulations are printed in ordinary style face.

Fiscal Notes Section 612 of The Administrative Code of 1929 (71 P. S. § 232) requires that the Office of Budget prepare a fiscal note for regulatory actions and administrative procedures of the administrative departments, boards, commissions or authorities receiving money from the State Treasury stating whether the proposed action or procedure causes a loss of revenue or an increase in the cost of programs for the Commonwealth or its political subdivisions; that the fiscal note be published in the Pennsylvania Bulletin at the same time as the proposed change is advertised; and that the fiscal note shall provide the following information: (1) the designation of the fund out of which the appropriation providing for expenditures under the action or procedure shall be made; (2) the probable cost for the fiscal year the program is implemented; (3) projected cost estimate of the program for each of the five succeeding fiscal years; (4) fiscal history of the program for which expenditures are to be made; (5) probable loss of revenue for the fiscal year of its implementation; (6) projected loss of revenue from the program for each of the five succeeding fiscal years; (7) line item, if any, of the General Appropriation Act or other appropriation act out of which expenditures or losses of Commonwealth funds shall occur as a result of the action or procedures; (8) recommendation, if any, of the Secretary of the Budget and the reasons therefor. The required information is published in the foregoing order immediately following the proposed change to which it relates; the omission of an item indicates that the agency text of the fiscal note states that there is no information available with respect thereto. In items (3) and (6) information is set forth for the first through fifth fiscal years; in that order, following the year the program is implemented, which is stated. In item (4) information is set forth for the current and two immediately preceding years, in that order. In item (8) the recommendation, if any, made by the Secretary of Budget is published with the fiscal note. See 4 Pa. Code § 7.231 et seq. Where ‘‘no fiscal impact’’ is published, the statement means no additional cost or revenue loss to the Commonwealth or its local political subdivision is intended.

Reproduction, Dissemination or Publication of Information Third parties may not take information from the Pennsylvania Code and Pennsylvania Bulletin and reproduce, disseminate or publish such information except as provided by 1 Pa. Code § 3.44. 1 Pa. Code § 3.44 reads as follows:

§ 3.44. General permission to reproduce content of Code and Bulletin. Information published under this part, which information includes, but is not limited to, cross references, tables of cases, notes of decisions, tables of contents, indexes, source notes, authority notes, numerical lists and codification guides, other than the actual text of rules or regulations may be reproduced only with the written consent of the Bureau. The information which appears on the same leaf with the text of a rule or regulation, however, may be incidentally reproduced in connection with the reproduction of the rule or regulation, if the reproduction is for the private use of a subscriber and not for resale. There are no other restrictions on the reproduction of information published under this part, and the Commonwealth hereby consents to a reproduction.

PENNSYLVANIA BULLETIN, VOL. 28, NO. 1, JANUARY 3, 1998 7 List of Pa. Code Chapters Affected The following numerical guide is a list of the chapters of each title of the Pennsylvania Code affected by documents published in the Pennsylvania Bulletin during 1998.

4 Pa. Code (Administration) 34 Pa. Code (Labor & Industry) Statements of Policy Adopted Rules 9 ...... 49 65...... 21

10 Pa. Code (Banks and Banking) 52 Pa. Code (Public Utilities) Adopted Rules Adopted Rules 11...... 14 58...... 25 13...... 14 58 pa. Code (Recreation) 17...... 14 Adopted Rules 35...... 14 51...... 30 41...... 14 53...... 30 93...... 30,34,40 Proposed Rulemaking 109...... 30 41...... 44 Proposed Rulemaking 25 Pa. Code (Environmental Protection) 61...... 45 Adopted Rules 65...... 45 86...... 15 255 Pa. Code (Local Court Rules) 103...... 18 Unclassified ...... 8,9,10

PENNSYLVANIA BULLETIN, VOL. 28, NO. 1, JANUARY 3, 1998 8 THE COURTS (4) Forward one (1) copy for publication in the Fayette Title 255—LOCAL Legal Journal. COURT RULES (5) Forward one (1) copy to the Fayette County Law Library, one (1) copy to the Clerk of Courts and one (1) DELAWARE COUNTY copy to the Clerk of the Orphans’ Court. Amendments to Rules of Criminal Procedure: 97- (6) Keep continuously available for public inspection 80793 copies of this Order and Amended Rule. Order It is further Ordered that said rule as it existed prior to And Now, this 12th day of December, 1997, the follow- the amendment is hereby repealed and annulled on the ing amendment to the Delaware County Local Rules of effective date of said rule as amended, but no right Criminal Procedure is hereby adopted effective thirty (30) acquired thereunder shall be disturbed. days after publication in the Pennsylvania Bulletin and By the Court the Delaware County Legal Journal, in accordance with WILLIAM J. FRANKS, Pa.R.Crim.P. 6(d). President Judge A. LEO SERENI, President Judge Rule 211. Motions Court. Amended Rule 4006(c)(2) (a) Motions Court will be held daily at 9:00 o’clock A.M. *(i) When the conditions for the bail bond have been in the courtroom of the assigned Judge. performed and the defendant is discharged from all (b) The purpose of Motions Court is to afford all parties obligations in the case for which bail was set, the Office an opportunity to present to the Court matters which of Judicial Support shall return to the defendant or require action by the court, including Orphans’ Court and surety [ eighty-percent (80)%) ] 70 percent of the Criminal Court matters. amount deposited. The balance to be retained by the Court shall be applied as an administrative cost for this (c) As used herein, the term ‘‘motion’’ shall include program and the sum retained shall not in any case be every type of motion, petition, preliminary objection or less than [ twenty-five dollars ($25.00) ] fifty dollars other request for action by the Court. ($50.00). The monies retained shall be considered as (d) A motion shall be considered by the Court only as earned at the time the bail is set and a sum equal to ten provided by these rules, except under exigent circum- percent (10%) posted by the defendant or third party stances. surety. [Pa.B. Doc. No. 98-1. Filed for public inspection January 2, 1998, 9:00 a.m.] (e) The court Administrator shall maintain a Motions Docket and shall make daily entries of all motions filed and the disposition thereof. The moving party SHALL FILE THE ORIGINAL motion, certificate, and any at- tachments in the appropriate office before presentment in FAYETTE COUNTY Motions Court. An original proposed order, a copy of the certificate and motion, ASSEMBLED IN THAT ORDER, Amended Rule; Local Rule 211: Motions Court; No. shall be delivered to the Court Administrator and every 2476 of 1997, G. D. other party of record. Such copies and notice shall be given so as to be received at least two business days Order before presentation in Motions Court, unless there are And Now, this 11th day of December, 1997, it is hereby emergency circumstances specified in the motion requir- Ordered that the above-stated Local Rule be as hereafter ing presentation within a shorter time. set forth. This amendment shall be effective 30 days after (f) The Court Administrator shall assign each motion to the publication in the Pennsylvania Bulletin. a Judge for disposition. The Judge will conduct such The Prothonotary of Fayette County is Ordered and hearing, allow such argument, and enter such order as is Directed to do the following: appropriate. The Judge may continue the consideration of (1) File seven (7) certified copies of this Order and any motion to a later date to allow other parties of record Amended Rule with the Administrative Office of Pennsyl- to be heard. vania Courts. (g) All motions shall be accompanied by a certificate in (2) File two (2) certified copies of this Order and the form attached hereto, completed and signed by the Amended Rule with the Legislative Reference Bureau for presenter setting forth the following: publication in the Pennsylvania Bulletin. (1) The name of the person presenting the motion and (3) File one (1) certified copy of this Order and the party represented; Amended Rule with the Pennsylvania Civil Rules Com- mittee. (2) The date and manner of service of all other parties;

PENNSYLVANIA BULLETIN, VOL. 28, NO. 1, JANUARY 3, 1998 THE COURTS 9

IN THE COURT OF COMMON PLEAS OF FAYETTE COUNTY, PENNSYLVANIA : : : : : : :No. OF CERTIFICATE 1. The undersigned, , represents, , the moving party herein. 2. I certify that a copy of the attached motion was served on on the day of ,19 by mail/facsimile/hand delivery. 3. The attached motion will be presented in Motions Court on , , 19 at 9:00 o’clock A.M. 4. The attached motion shall be classified as a ROUTINE/PRIORITY motion as defined by Fayette County Rule 211.1(a)/Rule 211.2(a). 5. No Judge/Judge has previously ruled on a matter relevant to the attached motion. (SEE ATTACHED PERTINENT ORDER(S).) 6. The SPECIFIC citation for the Court’s authority to grant the relief requested is . 7. Estimated court time: . Respectfully submitted,

DATE [Pa.B. Doc. No. 98-2. Filed for public inspection January 2, 1998, 9:00 a.m.]

FAYETTE COUNTY effective date of said rule as amended, but no right Amended Rule; Local Rule 214: Pre-Trial Docket acquired thereunder shall be disturbed. and Jury Trial Docket; No. 2475 of 1997, G. D. By the Court WILLIAM J. FRANKS, Order President Judge And Now, this 11th day of December, 1997, it is hereby Rule 214. Pre-Trial Docket and Jury Trial Docket. Ordered that Fayette County Rule of Civil Procedure 214, the new subsection (k) is hereby adopted as follows. This (k) Any case on the trial list that is called for trial amendment shall be effective 30 days after the publica- during the session but not reached for trial shall, at the tion in the Pennsylvania Bulletin. next session, receive priority over cases that are contin- ued at the call of the list. The Prothonotary of Fayette County is Ordered and [Pa.B. Doc. No. 98-3. Filed for public inspection January 2, 1998, 9:00 a.m.] Directed to do the following: (1) File seven (7) certified copies of this Order and Amended Rule with the Administrative Office of Pennsyl- vania Courts. FAYETTE COUNTY (2) File two (2) certified copies of this Order and Amended Rule with the Legislative Reference Bureau for Local Rule 1801.1: Notice to Defend; 46 December publication in the Pennsylvania Bulletin. Term 1954 (3) File one (1) certified copy of this Order and Amended Rule with the Pennsylvania Civil Rules Com- Order mittee. And Now, this 17th day of December, 1997, the follow- (4) Forward one (1) copy for publication in the Fayette ing Fayette County Rule of Civil Procedure 1801.1 is Legal Journal. hereby promulgated and adopted for the conduct of business in the Court of Common Pleas of Fayette (5) Forward one (1) copy to the Fayette County Law County, Pennsylvania. This Rule shall be effective thirty Library. (30) days after publication in the Pennsylvania Bulletin and shall apply to actions pending on that date: (6) Keep continuously available for public inspection copies of this Order and Amended Rule. “The organization and agency to be named in the notices accompanying complaints and in the notice of It is further Ordered that said rule as it existed prior to praecipe for entry of default judgment filed in the Court the amendment is hereby repealed and annulled on the of Common Pleas of Fayette County, shall be:

PENNSYLVANIA BULLETIN, VOL. 28, NO. 1, JANUARY 3, 1998 10 THE COURTS

Pennsylvania Lawyer Referral Service the Court Administrator shall list the case for an arbitra- Pennsylvania Bar Association tion hearing on the next available date. 100 South Street (3) in civil actions in which the damages sought exceed P. O. Box 186 the jurisdictional limit for compulsory arbitration and Harrisburg, PA 17108 which are to be tried non-jury, the Court Administrator Telephone: 800-932-0311” shall forward the case to the assigned Judge for schedul- The Prothonotary is directed to transmit copies of this ing. Order in compliance with Pennsylvania Rule of Civil (d) If no response is received within thirty (30) days of Procedure 239 forthwith. the request for information sent in accordance with By the Court section (b) above, the Court Administrator shall place the WILLIAM J. FRANKS, case at issue by forwarding the case to the assigned President Judge Judge for appropriate action. [Pa.B. Doc. No. 98-4. Filed for public inspection January 2, 1998, 9:00 a.m.] Rule W200.4. Praecipe for Trial. (a) Prior to the Court Administrator placing a case at issue pursuant to Rule W200.3(c), any unrepresented party or counsel of record may file a praecipe for trial to place the case at issue. At least twenty (20) days written WESTMORELAND COUNTY notice of the intention to file a praecipe for trial shall be served on all unrepresented parties and counsel of record, Administrative Order: Civil Rules; No. 3 of 1997 and a copy of the proposed praecipe shall be included. Order of Court (b) Any unrepresented party or counsel of record who is of the opinion that the case is not ready for trial shall And Now, to wit, this 16th day of December, 1997, it is attempt to amicably resolve that issue with the party or Ordered that Westmoreland County Rules of Civil Proce- counsel who gave notice of the intention to file the dure W200.7, W200.8, W214, W609, and W1301 be re- praecipe. If the matter cannot amicably be resolved, the scinded, and that new Westmoreland County Rules of disputing party or counsel shall present written objec- Civil Procedure W200.3, W200.4, W200.7, W212.1, tions to the trial judge prior to the proposed date for W212.3, W609, and W1301 are hereby adopted. filing the praecipe for trial. The written objections shall By the Court set forth, in reasonable detail, the reasons the case should not be listed for trial and shall have attached thereto a BERNARD F. SCHERER, copy of the proposed praecipe for trial. After hearing the President Judge objections, the judge shall issue an appropriate order BUSINESS OF COURTS regarding the listing of the case for trial. Rule W200.3. Placing Civil Litigation at Issue. (c) The notice shall be served on all counsel and unrepresented parties within five (5) days of filing same. (a) All civil actions which are to be tried by jury, A certification of service shall be filed within three (3) non-jury or by compulsory arbitration shall be placed at days of actual service. A copy of the Praecipe for Trial or issue by the Court Administrator, either upon order of court issued pursuant to section (b) above shall (1) the filing of a praecipe in accordance with Rules be served at the time of filing on the Court Administrator. W200.4 and W1301, or Rule W200.7. Jury Trials. (2) by court order, or (a) The court administrator shall maintain a jury trial (3) as provided in sections (b) and (c) below, for actions list of each judge’s trial-ready jury cases. Cases are commenced subsequent to August 1, 1996. trial-ready when placed at issue pursuant to Rule W200.3. (b) During the eighteenth (18th) month after the com- mencement of an action, the Court Administrator shall (b) The trial judge may direct the position of any case send a request for information concerning the status of on the trial list. the case to the plaintiff. Plaintiff shall respond to that (c) Cases on each judge’s trial list shall be called at a request in writing to the Court Administrator within call of the list scheduled by the Court Administrator prior thirty (30) days, with copies to all parties or their counsel to each trial term. All attorneys responsible for trial will of record. be represented at the call and shall designate the ap- (c) Upon receipt of a praecipe, a court order, or the proximate length of trial and any other matter relevant to information requested under section (b) above, the Court its listing for trial. Administrator shall place the case at issue as follows: Rule W212.1. Earliest Tril Date. (1) in civil actions in which the damages sought exceed The earliest trial date required by Pa.R.C.P. 212.1 shall the jurisdictional limit for compulsory arbitration and be established by the Court Administrator pursuant to which are to be tried by a jury, the Court Administrator Rule W200.3. shall notify counsel of record or pro se parties, as follows: Rule W212.3. Settlement Conference. A. the earliest trial date, which shall be the first day of the trial term which commences after the ninetieth (90th) (a) After a case has been placed at issue pursuant to day following the date the case was placed at issue. Rule W200.3(c)1, the court administrator will schedule a settlement conference and notify counsel of record of the B. that pre-trial statements of the parties shall be filed date and time of such conference. in accordance with Pa.R.C.P. 212.1(b). (b) All plaintiffs, persons, and entities having the au- (2) in civil actions which the damages sought do not thority to settle the case and their counsel will be exceed the jurisdictional limit for compulsory arbitration, available in court.

PENNSYLVANIA BULLETIN, VOL. 28, NO. 1, JANUARY 3, 1998 THE COURTS 11

(c) At the conference, the Court and counsel for the Prior to the Court Administrator placing a case at issue parties may consider those matters set forth in Pa.R.C.P. pursuant to Rule W200.3(c), a party or counsel of record 212.3, and any other matter which should be addressed to may file with the prothonotary an arbitration praecipe in assure an expeditious trial. order to place the case at issue. A copy of the arbitration (d) The following additional procedures will be followed praecipe shall immediately be delivered to the court in medical malpractice cases: administrator and all other counsel of record or pro se parties. (1) All trial counsel and clients (including doctors) shall Note: A copy of the Praecipe for Arbitration form is be present during the conference. provided in the Forms section of the Westmoreland (2) Insurance and CAT representatives shall be avail- County Rules of Court. able by telephone to answer questions and respond to [Pa.B. Doc. No. 98-5. Filed for public inspection January 2, 1998, 9:00 a.m.] settlement proposals, and (3) At least fifteen (15) days prior to the settlement conference, all parties shall exchange any expert reports not contained in the pre-trial statements filed in accord- ance with Pa.R.C.P. 212.1(b). DISCIPLINARY BOARD OF Rule W609. Bill of Costs. (a) The following items shall be considered as record THE SUPREME COURT costs in a case: Notice of Disbarment (1) Fees paid for filing pleadings; (2) Fees paid for service of pleadings; Notice is hereby given that Jay Stuart Nedell, who resides outside the Commonwealth of Pennsylvania, hav- (3) Fees paid to court reporters for the cost of original ing been disbarred from the practice of law in the State of and/or no more than one copy of depositions; Texas, the Supreme Court of Pennsylvania issued an (4) Any other costs specifically permitted by statute or Order dated December 16, 1997, disbarring Jay Stuart supreme court rules; and Nedell from the Bar of this Commonwealth. In accordance with Rule 217(f), Pa.R.D.E., since this formerly admitted (5) If the case has been tried, fees statutorily permitted attorney has never practiced in Pennsylvania, this notice to witnesses for per diem attendance and mileage. is published in the Pennsylvania Bulletin. (b) A bill of costs must be filed with the prothonotary, ELAINE M. BIXLER, along with an affidavit of service on the opposing party or Secretary his counsel of record, within 10 days of the entry of a The Disciplinary Board of the verdict by a jury, or a final order or decree by a nonjury Supreme Court of Pennsylvania or equity trial judge. The bill of costs may include the [Pa.B. Doc. No. 98-6. Filed for public inspection January 2, 1998, 9:00 a.m.] items listed in paragraph (a) of this rule. (c) Exceptions specifying those items or amounts of costs to which a party has objections must be filed within 10 days of receipt of the bill of costs. (d) The trial judge will enter an order specifying Notice of Transfer of Attorneys to Inactive Status allowable costs. Notice is hereby given that the following attorneys have Comment: Although it is the custom in this County been transferred to inactive status by Order of the that the defendant pay record costs as part of a settle- Supreme Court of Pennsylvania dated November 14, ment, case law holds that absent an agreement between 1997, pursuant to Rule 111(b), Pa.R.C.L.E., which re- counsel regarding the payment of record costs, the Court quires that every active lawyer shall annually complete, has no authority to award costs to either party upon during the compliance period for which he or she is settlement. Mancine v. Balesimo, 69 W.L.J. 145 (1897). assigned, the continuing legal education required by the Rule W1301. Cases for Submission to Arbitration. Continuing Legal Education Board. The Order became effective December 14, 1997 for Compliance Group 1 due (a) All civil cases except those involving title to real April 30, 1997. estate or actions in equity, wherein the amount in controversy at issue (exclusive of interest and costs) is Notice with respect to attorneys having Pennsylvania $30,000 or less, shall be heard and decided by a board of registration addresses, who have been transferred to arbitration consisting of three members of the bar. inactive status by said Order, was published in the appropriate county legal journal. (b) Cases Submitted By the Parties Any civil case with an amount in controversy exceeding ERIC MARK ALDERMAN $30,000 may be referred to a board of arbitration by Syracuse, NY agreement signed by all parties or their counsel. GLENN B. ALLYN (c) Cases Submitted By the Court NewCity,NY The court, on its own motion or on motion of either RALPH J. ARGEN III party, may by depositions, settlement conference, hearing Amherst, NY or otherwise, determine that the amount actually contro- ROBIN ARONSON versy does not exceed $30,000, (exclusive of interest and Cherry Hill, NJ costs) and enter an order referring the case to arbitration. BRUNO BELLUCCI III (d) Arbitration Praecipe Northfield, NJ

PENNSYLVANIA BULLETIN, VOL. 28, NO. 1, JANUARY 3, 1998 12 THE COURTS

WILLIAM R. BOSTIC PETER JAMES HOBSON Camden, NJ Tampa, FL BARBARA JAN BOYD SIDNEY L. HOFING Trenton, NJ Trenton, NJ R. CHAD BRENNER WILLIAM M. HONAN Cleveland, OH Atlantic City, NJ JOANNA S. BURRIS STEPHEN ANTHONY JACKSON Morrestown, NJ Washington, DC ROBERT GLENN BYRER JAIME KAIGH Arlington, VA Cherry Hill, NJ LEANN R. CANTER MICHAEL ALAN KATZ Orlando, FL Cherry Hill, NJ STEPHANIE S. CHILDS MARK JOHN KENNEDY Washington, DC Upper Montclair, NJ GARY CLIFTON CHRISTIAN ROBERT JOHN KENNEY Washington, DC Falls Church, VA KEVIN NICHOLAS CHRISTO MARK EDWARD KHALIL Southbridge, MA San Jose, CA ANDREW CONSTANTINE II YOUNG KIM Jersey City, NJ Seoul, Korea LINDA M. CUNICELLI JOHN ANDREW KLAMO Blackwood, NJ Cherry Hill, NJ JAMES CURCIO FIELDING E. LAMASON, JR. Hammonton, NJ Washington, DC EDWARD D’ALESSANDRO, JR. HELEN FRAZER LESKOVAC Florham Park, NJ Silver Spring, MD ROBERT K. DANZINGER DAVID LEROY LIESER Cleveland, OH Minnetonka, MN FRANK A. DIGIACOMO MICHAEL JAY LIPSKY Cherry Hill, NJ Princeton, NJ JOSEPH A. DOVIDIO JOSEPH J. LONGOBARDI III Trenton, NJ Wilmington, DE MICHELLE MAUREEN ELBERT CHERAE M. MAHDI Collingswood, NJ Stone Mountain, GA GARY F.C. ELLISON JOHN R. MARQUEZ Los Angeles, CA Pawling, NY MARK GERARD ESPOSITO LEON MARTELLI Cherry Hill, NJ Tabernacle, NJ SHARON FARRELL CALIXTO MARTIN Fairview, NJ Fanwood, NJ BARRY R. FELDMAN ROBERT J. MAY, JR. Hoboken, NJ Saratoga Springs, NY CRAIG HARRISON FELDMAN CARLEEN D. MCELROY Roseland, NJ Denver, CO JAMES FRANCIS FERGUSON JAMES MICHAEL MCGINTY Absecon, NJ Washington, DC MARK WILLIAM FORD THOMAS F. MCGUIRE III Gloucester City, NJ Pensacola, FL RONALD WELTON FREEMAN DANIEL PAUL MCINTYRE Fredericksburg, VA Miami Beach, FL THOMAS PATRICK GALLAGHER EDWARD BISSAU MENDY Ventnor, NJ New Orleans, LA ALEJANDRO GIL JOHN P. MOHNACS New York, NY Woodbury, NJ ALICIA F. GREENAWAY DONALD D. MORGAN, JR. Mt. Laurel, NJ Lambertville, NJ VANESSA JEANETTE HALL SEAN PATRICK MURPHY Mitchellville, MD Edison, NJ

PENNSYLVANIA BULLETIN, VOL. 28, NO. 1, JANUARY 3, 1998 THE COURTS 13

ALBERT AGHA NGWANA NATHANIEL SIMS Silver Spring, MD Washington, DC EDWARD E. PARSON, JR. MICHAEL JOHN SMOYER St. Thomas, VI Hoboken, NJ MARK F. PARTRIDGE-MOLL RAYMOND M. SPEER Miami, FL Hightstown, NJ BRIAN J. PENDLETON, JR. MARC W. SUFFERN II Newark, NJ Slate Hill, NY KENNETH J. PHELAN EDWARD J. SULLIVAN Westport, CT Long Beach, NY PHILIP TABAS JEFFREY KENT PHILLIPS Boston, MA Charlestown, WV JOSEPH R. TALARICO II RODNEY DARNELL RAY East Syracuse, NY Mt. Laurel, NJ CAROL ANN TERRY ROBERT T. RICHARDS Darnestown, MD Washington, DC GIL C. TILY WILLIAM STAYTON ROEMER Princeton, NJ Hedgesville, WV LOUISE PORTERFIELD TUCKER SARAH KATHLEEN ROSE Alexandria, VA London, England HANDSOME L. WEARING EDWIN R. RUBIN Trenton, NJ Newark, NJ MATTHEW S. WOLF VIRGINIA A. SKILANG SABLAN Mt. Laurel, NJ Saipan CAROLINE JOO YUN M. AHMED-BAGHOUT SAID Singapore Colora, MD ELAINE M. BIXLER, ERIC ADAM SAIONTZ Secretary Baltimore, MD The Disciplinary Board of the Supreme Court of Pennsylvania EDWARD STRINGER SAMSON [Pa.B. Doc. No. 98-7. Filed for public inspection January 2, 1998, 9:00 a.m.] Atlanta, GA ARTHUR LARRY SHANKER Margate, NJ

PENNSYLVANIA BULLETIN, VOL. 28, NO. 1, JANUARY 3, 1998 14 RULES AND REGULATIONS depository institutions (Regulation D)), this chapter is Title 10—BANKS AND deemed to be obsolete. BANKING Chapter 17 (relating to audits and examination). DEPARTMENT OF BANKING Chapter 17 sets forth the minimum standards for [10 PA. CODE CHS. 11, 13, 17, 35 AND 41] director’s audits of State-chartered banking institutions. This chapter is redundant and essentially meaningless. It sets forth no requirements other than notifying State- chartered institutions that the Department maintains The Department of Banking (Department), under the instructions with regard to minimum requirements for authority contained in sections 201 and 202 of the internal audits. Department of Banking Code (71 P. S. §§ 733-201 and 733-202), section 103 of the Banking Code of 1965 (7 P. S. Chapter 35 (relating to mortgage loans). § 103) and section 12 of the Consumer Discount Com- Chapter 35 sets forth restrictions on service charges pany Act (7 P. S. § 6212), deletes the following regula- and premiums charged by savings associations with re- tions: §§ 13.2(b) and (c); 13.3(a)(3) and (b); 41.3(i); Chap- gard to mortgage loans. In light of broad Federal preemp- ter 11; Chapter 17; Chapter 35. tion with regard to mortgage lending found in section Purpose 207(b)(11) the Depository Institution Deregulation and Monetary Control Act of 1980 (12 U.S.C.A. § 1735f-7a) The regulations targeted for deletion have been deemed and in the Alternative Mortgage Transaction Parity Act of by the Department to be obsolete, preempted or unneces- 1982 (12 U.S.C.A. §§ 3801—3805), Chapter 35 is obsolete. sary for the conduct of the business of banking or the making of consumer loans. § 41.3(i)-second sentence (relating to contracts with con- sumers). Explanation of Regulatory Requirements The second sentence of § 41.3(i) requires consumer The Department is unable to articulate the purposes of discount companies which are licensed by the Department or necessity for the provisions listed as follows. These to obtain a license for places of business at which provisions are not enforced by Department examiners and payments are received from borrowers. This section has are deemed to be unnecessary for the safety and sound- been overridden by recent amendments to the Consumer ness of regulated institutions. Furthermore, the Depart- Discount Company Act (7 P. S. §§ 6201—6219). The ment is unable to ascertain any consumer protection amendment which nullifies the second sentence of which is derived from these subsections. § 41.3(i) is found at section 8 of the Consumer Discount Company Act (7 P. S. § 6208). § 13.2(b) and (c) (relating to participation in evidences of indebtedness and agreements for payment of money). Entities Affected Department personnel are unable to articulate the As the regulations targeted for elimination are largely purposes of or necessity for these provisions. These obsolete, preempted or not enforced by the Department, provisions are not enforced by Department examiners and the eliminations of these regulations will have no effect are deemed by the Department to be unnecessary for the on the regulated community. Section 41.3(i) governs the safe and sound conduct of the business of banking. extension of credit by the 620 licensed consumer discount companies in this Commonwealth. The rest of the regula- § 13.3(a)(3) (relating to participants in pools of evidences tions targeted for elimination are applicable to the 176 of indebtedness or agreements for the payment of Pennsylvania-chartered banks, bank and trust companies money). and savings banks. Department personnel are unable to articulate the Cost and Paperwork Requirement purposes of or necessity for these provisions. These provisions are not enforced by Department examiners and The regulations targeted for deletion are obsolete or are deemed by the Department to be unnecessary for the preempted by other laws. Therefore, these regulations safe and sound conduct of the business of banking. This impose no cost or burdens to the regulated community regulation is substantially similar to another regulation and, thus, their elimination will have no effect on costs or being deleted, § 13.2(c). paperwork requirements. § 13.3(b) Summary of Comments and Responses on the Proposed Rulemaking This provision contributes little or nothing to the safety and soundness of State-chartered institutions. Addition- Notice of proposed rulemaking was published at 27 ally, this provision is not enforced by examiners and is Pa.B. 1813 (April 12, 1997). During the public comment deemed by the Department to be unnecessary for the safe period, no public comments were received by the Depart- and sound conduct of the business of banking. ment. Chapter 11 (relating to reserves against deposits). Regulatory Review Chapter 11 sets forth reserve requirements for State- Under section 5(a) of the Regulatory Review Act (71 chartered banking institutions. However, in light of more P. S. § 745.5(a)), on April 1, 1997, the Department sub- restrictive Federal regulations applicable to State- mitted a copy of the proposed rulemaking to the Indepen- chartered banking institutions as found in regulation D, dent Regulatory Review Commission (IRRC) and the 12 CFR Part 204 (relating to reserve regulations of Chairpersons of the Senate Committee on Banking and

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Insurance and House Committee on Business and Eco- and eliminate redundant language and correct regulatory nomic Development. In compliance with section 5(b.1) of citations used in cross references which the Federal Office the Regulatory Review Act, the Department also provided of Surface Mining Reclamation and Enforcement IRRC and the Committees with other documentation. (OSMRE) has indicated are beyond the scope of services Neither the Committees nor the IRRC commented on the authorized by the Small Operator Assistance Program proposed version of this rulemaking. The regulations were (SOAP). deemed approved by IRRC. The amendments were adopted by the Board at its Findings of the Department meeting of October 21, 1997. The Department finds that: A. Effective Date (1) Public notice of proposed rulemaking was given under sections 201 and 202 of the act of July 31, 1968 These amendments will go into effect upon publication (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and in the Pennsylvania Bulletin as final rulemaking. regulations promulgated thereunder at 1 Pa. Code §§ 7.1 B. Contact Persons and 7.2. (2) A public comment period was provided as required For further information, contact David C. Hogeman, by law, but no comments were submitted. Chief, Division of Environmental Analysis and Support, Bureau of Mining and Reclamation, Room 213 Executive (3) This rulemaking does not enlarge the purpose of House, P. O. Box 8461, Harrisburg, PA 17105-8461, (717) the proposal published at 27 Pa.B. 1813. 787-4761, or Joseph Pizarchik, Assistant Counsel, Bureau Order of Regulatory Counsel, 9th Floor, Rachel Carson State Office Building, P. O. Box 8464, Harrisburg, PA 17105- The Department, acting under the authorizing statutes, 8464, (717) 787-7060. Persons with a disability may use orders that: the AT&T Relay Service by calling (800) 654-5984 (TDD (a) The regulations of the Department, 10 Pa. Code users) or (800) 654-5988 (voice users). This rulemaking is Chapters 11, 13, 17, 35 and 41, are amended by deleting available electronically through the Department of Envi- §§ 11.1—11.5, 13.2, 13.3, 17.1, 35.1—35.3 and amending ronmental Protection’s (Department) Website (http:// § 41.3 to read as set forth at 27 Pa.B. 1813. www.dep.state.pa.us). (b) The Secretary of the Department shall submit this C. Statutory Authority order and 27 Pa.B. 1813 to the Office of General Counsel and the Office of the Attorney General for review and These amendments are promulgated under the author- approval as to legality and form as required by law. ity of sections 4.2, 4.3 and 18.7 of the Surface Mining Conservation and Reclamation Act (52 P. S. §§ 1396.4b, (c) The Secretary of the Department shall submit this 1396.4c and 1396.18g) which provide for the creation of order and 27 Pa.B. 1813 to IRRC and the Senate the Small Operators’ Assistance Fund and generally set Committee on Banking and Insurance and House Com- forth the rulemaking authority of the Department to mittee on Business and Economic Development as re- regulate coal mining; section 5 of The Clean Streams Law quired by the Regulatory Review Act. (35 P. S. § 691.5), which sets forth the rulemaking au- (d) The Secretary of the Department shall certify this thority of the Department to implement The Clean order and 27 Pa.B. 1813 and deposit them with the Streams Law; and section 1920-A of The Administrative Legislative Reference Bureau, as required by law. Code of 1929 (71 P. S. § 510-20), which sets forth the rulemaking authority of the Board to adopt regulations (e) This order shall take effect upon publication in the for the Department to carry out its responsibilities. Pennsylvania Bulletin. RICHARD RISHEL, D. Background and Purpose Secretary In 1995, the Department began a review of its existing (Editor’s Note: For the text of the order of the Indepen- regulations under Secretary Seif’s Regulatory Basics Ini- dent Regulatory Review Commission relating to this tiative. In 1996, Governor Ridge issued Executive Order document, see 27 Pa.B. 6385 (December 6, 1997).) 1996-1 which directed executive agencies to undertake a review of existing regulations. This rulemaking package Fiscal Note: Fiscal Note 3-32 remains valid for the was prepared following the review required under the final adoption of the subject regulations. Regulatory Basics Initiative and Executive Order 1996-1 [Pa.B. Doc. No. 98-8. Filed for public inspection January 2, 1998, 9:00 a.m.] and it is consistent with the regulatory directives con- tained within these initiatives. Sections 86.81—86.95 are being restructured and changed to provide better clarity, eliminate redundant language and correct regulatory citations used in cross Title 25—ENVIRONMENTAL references, which the Federal OSMRE has indicated are beyond the scope of services authorized by SOAP. Three PROTECTION sections of the existing regulations have been eliminated through this restructuring. No substantial changes to the ENVIRONMENTAL QUALITY BOARD content of these regulations have been made. [25 PA. CODE CH. 86] Under the Regulatory Basics Initiative, the Department Small Operator Assistance Program (SOAP) solicited public input through a notice in the Pennsylva- nia Bulletin and the Department’s Website. The amend- The Environmental Quality Board (Board) by this order ments being adopted at this time are the result of amends Chapter 86, Subchapter C (relating to the Small suggestions from the public and the Department’sown Operator Assistance Program). The amendments clarify review of its regulations.

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The amendments were discussed with the Mining and In preparing these final-form regulations, the Board Reclamation Advisory Board (MRAB) at its meeting on has considered the comments received from IRRC. October 3, 1996. The MRAB recommended that these amendments be approved for final rulemaking. These final-form regulations were deemed approved by E. Summary of Comments and Responses on Proposed the House and Senate Environmental Resources and Rulemaking Energy Committees on November 25, 1997. IRRC met on December 11, 1997, and deemed approved the final-form No public comments were received concerning these regulations in accordance with section 5(c) of the Regula- amendments. The Independent Regulatory Review Com- tory Review Act. mission (IRRC) provided several suggestions to improve the clarity and organization of the regulatory language. I. Findings Specifically, IRRC suggested that a definition section be added to the regulations in Subchapter C to define the The Board finds that: terms ‘‘qualified consultant’’ and ‘‘qualified laboratory’’; that § 86.87 (relating to data requirements) be retained (1) Public notice of proposed rulemaking was given in the regulations; and that time frames be added to under sections 201 and 202 of the act of July 31, 1968 § 86.85(d) and (e) (relating to application approval and (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and notice) to provide clarity concerning notification of De- regulations promulgated thereunder at 1 Pa. Code §§ 7.1 partment actions. IRRC also noted that the proposed and 7.2. changes to § 86.82 (relating to responsibilities), inappro- priately mixed duties and responsibilities of prospective (2) A public comment period was provided as required consultants and laboratories with those of the Depart- by law and all comments were considered. ment. (3) These final-form regulations do not enlarge the In response to these comments the final-form regula- purpose of the proposal published at 27 Pa.B. 1447 tions have been changed to incorporate the suggestions of IRRC. (March 22, 1997). F. Benefits, Costs and Compliance (4) These regulations are necessary and appropriate for administration and enforcement of the authorizing acts Executive Order 1996-1 requires a cost/benefit analysis identified in Section C of this Preamble. of the final-form regulations. Benefits J. Order The benefits contained in these amendments are pri- The Board, acting under the authorizing statutes, marily to provide clarity and consistency with Federal orders that: language for any person having reason to refer to the regulations. Some minor procedural and administrative (a) The regulations of the Department, 25 Pa. Code changes are also being made. Chapter 86, are amended by amending §§ 86.81, 86.83 and 86.94 and deleting §§ 86.86, 86.87, 86.91 and 86.95 Compliance Costs to read as set forth at 27 Pa.B. 1447 and by adding The changes will impose no additional compliance costs § 86.80 and amending §§ 86.82, 86.84, 86.85, 86.87 and on the regulated community. 86.92 to read as set forth in Annex A. Compliance Assistance Plan (b) The Chairperson of the Board shall submit this Since SOAP is an established program in this Common- order, 27 Pa.B. 1447 and Annex A to the Office of General wealth, and no substantive changes have been made, Counsel and the Office of Attorney General for approval compliance assistance will be limited to a simple effort to and review as to legality and form, as required by law. inform the industry of the specific changes in the pro- gram. (c) The Chairperson shall submit this order, 27 Pa.B. 1447 and Annex A to IRRC and the Senate and House Paperwork Requirements Environmental Resources and Energy Committees as The amendments will impose no additional paperwork required by the Regulatory Review Act. on the regulated community. (d) The Chairperson of the Board shall certify this G. Sunset Review order, 27 Pa.B. 1447 and Annex A and deposit them with the Legislative Reference Bureau, as required by law. These final-form regulations will be reviewed in accord- ance with the sunset review schedule, published by the (e) This order shall take effect immediately upon publi- Department, to determine whether the final-form regula- cation in the Pennsylvania Bulletin. tions effectively fulfill the goals for which they were intended. JAMES M. SEIF, Chairperson H. Regulatory Review (Editor’s Note: The proposal to add § 86.80 and to Under section 5(a) of the Regulatory Review Act (71 amend § 86.92 was not included in the proposed rule- P. S. § 745.5(a)), on March 10, 1997, the Board submitted making at 27 Pa.B. 1447.) a copy of proposed rulemaking, published at 27 Pa.B. 1446 (March 22, 1997) and the Chairpersons of the (Editor’s Note: For the text of the order of the Indepen- Senate and House Environmental Resources and Energy dent Regulatory Review Commission relating to this Committees for review and comment. In compliance with document, see 27 Pa.B. 6878 (December 27, 1997).) section 5(b.1) of the Regulatory Review Act, the Board also provided IRRC and the Committees with copies of Fiscal Note: Fiscal Note 7-308 remains valid for the the comments received as well as other documentation. final adoption of the subject regulations.

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Annex A (iv) The estimated coal production for each year of the TITLE 25. ENVIRONMENTAL PROTECTION proposed permit and that portion attributed to the appli- cant. PART I. DEPARTMENT OF (4) A description of: ENVIRONMENTAL PROTECTION (i) The method of coal mining activities proposed. Subpart C. PROTECTION OF NATURAL RESOURCES (ii) The anticipated starting and termination dates of mining operations. ARTICLE I. LAND RESOURCES (iii) The number of acres of land to be affected by the CHAPTER 86. SURFACE AND UNDERGROUND proposed mining. COAL MINING: GENERAL (iv) A general statement on the probable depth and Subchapter C. SMALL OPERATOR thickness of the coal resource. ASSISTANCE PROGRAM (5) A United States Geological Survey topographic map § 86.80. Definitions. of 1:24,000 scale or larger which clearly shows: The following words and terms, when used in this (i) The area of land to be affected and the natural subchapter, have the following meanings, unless the drainage above and below the affected area. context clearly indicates otherwise: (ii) The names of property owners within the area to be Qualified consultant and qualified laboratory—A desig- affected and of adjacent lands. nated public agency, private consulting firm, institution or analytical laboratory which can provide the required (iii) The location of existing structures and developed services under this program in accordance with § 86.92 water sources within the area to be affected and of (relating to basic qualifications). adjacent lands. § 86.82. Responsibilities. (iv) The location of existing and proposed test boring or core samples and the location and extent of known (a) The Department will: working of any underground mines. (1) Develop and maintain a list of qualified consultants (6) Copies of documents which show that the legal and qualified laboratories, and select and pay consultants right of entry necessary to meet the provisions of § 86.64 for services rendered. (relating to right of entry) have been obtained by the (2) Conduct periodic onsite evaluations of the program applicant. activities with the appropriate small operator. (7) The mine operator’s license number. (3) Participate with the Office of Surface Mining Recla- (b) The application shall be attested by a notary public mation and Enforcement in data coordination activities or district justice. with the United States Geological Survey, the EPA and § 86.85. Application approval and notice. other appropriate agencies or institutions. (a) If the Department finds the applicant eligible for (4) Participate with the Office of Surface Mining Recla- assistance and does not have information readily avail- mation and Enforcement in auditing the applicant’s state- able which would preclude issuance of a permit to the ment of eligibility. applicant for mining in the area proposed, it will: (b) The Department and the Office of Surface Mining (1) Determine the minimum data requirements neces- Reclamation and Enforcement will insure that applicable sary to meet the provisions of § 86.81 (relating to pro- equal opportunity in employment provisions are included gram services). within contracts or other procurement documents. (2) Select the services of one or more qualified consult- § 86.84. Applications for assistance. ants to perform the required work. (a) An application for assistance shall contain the (3) Provide the applicant a copy of the contract or other following information: appropriate work order for the qualified consultants’ (1) A statement of intent to file a permit application services and the consultants’ report within 15 days of the under this chapter. Department’s final approval. (2) The names and addresses of: (b) The granting of assistance under this program does not imply that the Department will approve a subsequent (i) The intended permit applicant. permit application. (ii) The intended operator, if different from the appli- (c) Within 45 days of receipt of a complete application cant. for assistance, the Department will inform the applicant (3) A schedule of the estimated total production of coal in writing if the application is denied and will state the from the proposed permit area and all other locations reason for denial. from which production is attributed to the applicant § 86.87. Determination of data requirements. under this section. For each location, the schedule shall include: (a) The Department will determine the data collection requirements to meet the objectives of the program for (i) The name under which coal is or will be mined. each applicant or group of applicants. Development of (ii) The permit number and Mining Enforcement and information on environmental resources, operation plans Safety Administration identification number, if available. and reclamation plans may proceed concurrently with data collection and analyses required for the determina- (iii) The actual coal production for the year preceding tion of the probable hydrologic consequences of the pro- the application for assistance and that portion of the posed mining activities if specifically authorized by the production attributed to the applicant. Department in an approved work order.

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(b) The data requirements will be based on: ENVIRONMENTAL QUALITY BOARD (1) The extent of currently available hydrologic and [25 PA. CODE CH. 103] core analysis data for the applicable area provided by the Department. Financial Assistance (2) The data collection and analysis guidelines devel- The Environmental Quality Board (Board) by this order oped and provided by the Department. amends Chapter 103 (relating to financial assistance). § 86.92. Basic qualifications. The amendments include revisions to delete provisions related to the Federal Clean Water Act Title II construc- (a) To be designated as a qualified consultant or quali- tion grants program, retain the sewage project priority fied laboratory, the consultant or laboratory shall demon- rating system used in the Federal Clean Water Act Title strate that it: VI sewage construction loan program, delete text related (1) Is staffed with experienced, professional personnel to an obsolete design grant program and add language to in the fields of hydrology, mining engineering, aquatic allow use of a small amount of remaining Land and biology, geology or chemistry applicable to the work to be Water Conservation and Reclamation Act (act) (32 P. S. performed as a water laboratory, overburden laboratory or §§ 5101—5121) funds for a grant to one or more economi- consulting firm. cally depressed communities. (2) Is capable of collecting necessary field data and The amendments were adopted by the Board at its samples. meeting of October 21, 1997. (3) Has adequate space for material preparation, clean- A. Effective Date ing and sterilizing necessary equipment, stationary equip- These amendments will go into effect upon publication ment, storage and space to accommodate periods of peak in the Pennsylvania Bulletin as final rulemaking. work loads. B. Contact Persons (4) Meets the requirements of the Occupational Safety For further information contact Peter T. Slack, Chief, and Health Act of 1970, the act of December 29, 1970 Division of Municipal Financial Assistance, Bureau of (Pub.L. No. 91-596) (84 Stat. 1590). Water Supply Management, P. O. Box 8466, 11th Floor, (5) Has the financial capability and business organiza- Rachel Carson State Office Building, Harrisburg, PA tion necessary to perform the work required. 17105-8466, (717) 787-3481, or Pamela E. Bishop, Assis- (6) Has analytical, monitoring and measuring equip- tant Counsel, Bureau of Regulatory Counsel, P. O. Box ment capable of meeting the applicable standards and 8464, 9th Floor, Rachel Carson State Office Building, methods contained in: Harrisburg, PA 17105-8464, (717) 787-7060. Persons with a disability may use the AT&T Relay Service by calling (i) The current edition of Standard Methods of the (800) 654-5984 (TDD users) or (800) 654-5988 (voice Examination of Water and Waste Water. users). This rulemaking is available electronically (ii) Methods of Chemical Analysis of Water and Wastes, through the Department of Environmental Protection’s as amended. The standards contained therein are incorpo- (Department) Web site (http://www.dep.state.pa.us). rated by reference. Available from ORD Publications, C. Statutory Authority CERTI, EPA, Cincinatti, Ohio 45278 March 1983 (EPA- The final rulemaking is being made under the author- 600/4-79-020). ity of The Clean Streams Law (35 P. S. §§ 691.1— (iii) The EPA standards as described in 40 CFR Part 691.1001); and section 16(2) of the act (32 P. S. § 5116(2)) 136 (relating to guidelines establishing test procedures for which authorize the Board to promulgate rules and the analysis of pollutants). regulations relating to the awarding of construction (iv) The Department’s Overburden Sampling and Test- grants for sewage facilities to political subdivisions and ing Manual. municipal authorities. The final-form regulations are also adopted under the authority of section 1920-A of The (7) Has the capability of making hydrologic field mea- Administrative Code of 1929 (71 P. S. § 510-20). surements and analytical laboratory determinations by acceptable hydrologic engineering or analytical methods D. Background and Summary or by appropriate methods or guidelines for data acquisi- Over the past 2 years, the Department has been tion recommended by the Department. conducting an overall review of its existing regulations through its Regulatory Basics Initiative as outlined at 25 (b) The qualified consultant shall be capable of per- Pa.B. 3343 (August 19, 1995). This initiative was de- forming the services under § 86.81 (relating to program signed to clarify and update regulatory requirements services). Subcontractors may be used to provide the s along with the goal of adopting environmental regulations ervices required if the use is defined in the application for that are no more stringent than Federal rules unless designation and approved by the Department. there is a compelling need for more stringent rules. In (c) Persons who desire to be included in the list of 1996, Governor Ridge issued Executive Order 1996-1 qualified consultants or qualified laboratories established which directed executive agencies to conduct a similar by the Department under § 86.82 (relating to responsi- review of existing regulations. This final rulemaking is bilities) shall apply to the Department and provide the one of a number of rulemakings resulting from these information necessary to establish the qualifications re- initiatives. quired by this section. The revisions to Chapter 103, Subchapter A (relating to [Pa.B. Doc. No. 98-9. Filed for public inspection January 2, 1998, 9:00 a.m.] clean water state revolving fund project priority list ratings) delete provisions related to the Federal Clean Water Act Title II sewage treatment construction grants program. Almost all projects that received a Title II grant award for the construction of sewage treatment or convey- ance facilities are nearing construction completion, and

PENNSYLVANIA BULLETIN, VOL. 28, NO. 1, JANUARY 3, 1998 RULES AND REGULATIONS 19 the last one will be under construction soon. These tions to indicate that potential grant recipients must regulations are no longer needed to administer the Title meet all criteria to be considered for a grant award. The II grant program. The sewage construction project prior- suggestion for a sunset repealer action in the regulations ity rating system is being retained as it will continue in is a good suggestion. However, there is a possibility the use for establishing project priority ratings for projects in Department may receive funds for State grant awards in the Clean Water Act Title VI loan program. The Federal the future and these regulations may be used for grant Title VI loan program replaced the Title II grant program awards for financially distressed communities at a later and is jointly administered by the Department and the time. Pennsylvania Infrastructure Investment Authority (PEN- F. Benefits, Costs and Compliance NVEST). The revisions to Chapter 103, Subchapter D (relating to Executive Order 1996-1 requires a cost/benefit analysis State grants for construction of sewage facilities) delete of the final-form regulations. provisions related to a State design grant program and a Benefits supplemental construction grant program. The design grant program provided funds to communities that had The final-form regulations are intended to clarify the completed plans and specifications for a sewage treatment relationship of Subchapter A to the Federal Title VI loan facility, but did not receive a Federal grant for construc- program, and Subchapter D will allow award of approxi- tion of the facility. The supplemental grant program mately $155,000 of act bond issue funds to one or more awarded a 5% grant to economically depressed communi- communities to assist with construction of sewage treat- ties that had received a 75% Federal construction grant. ment facilities. There are no costs associated with the Eligible communities were identified and design and final revisions to Chapter 103, Subchapters A and D. The supplemental construction grants have been awarded and Department expects to identify at least one or more paid. A small amount of money remains available, and economically depressed communities that meet the eligi- the Department proposes to award grants to one or more bility criteria and award grants, as appropriate. economically depressed communities to assist with the Compliance Costs cost of construction of needed sewage treatment facilities. The source of these funds is the bond issue moneys made There are no existing or new compliance costs to be available and intended as aid to political subdivisions for created by these revisions. the construction of sewage facilities. The $155,000 avail- Compliance Assistance Plan able cannot be awarded under the existing regulations, and these revised regulations will allow award of these The Department plans to encourage recipients of any of funds as grants to one or more economically depressed the act bond issue funds to abate water pollution occur- communities. ring within its political boundaries. Recipients will use the funds to comply with applicable environmental re- E. Summary of Comments and Responses on the Proposed quirements. Rulemaking Paperwork Requirements The only comments received were from the Independent Regulatory Review Commission (IRRC). Comments re- There are no new forms to be created or revisions to ceived on the revisions to Subchapter A suggested a existing forms or other paperwork requirements relating change to the definition for the ‘‘Water Pollution Control to these final-form regulations. Revolving Fund.’’ Subsequent to publishing the proposed G. Sunset Review Subchapter A revisions for public comment, the name of the fund was changed to the ‘‘Clean Water State Revolv- These final-form regulations will be reviewed in accord- ing Fund.’’ IRRC comment suggested the regulations ance with the sunset review schedule published by the should be changed to clarify that PENNVEST adminis- Department to determine whether the regulations effec- ters the ‘‘fund.’’ Both PENNVEST and this Department tively fulfill the goals for which they were intended. share administration of the Title VI program. Also, the H. Regulatory Review definitions section was revised to make the definitions of ‘‘project priority list’’ and ‘‘intended use plan’’ consistent Under section 5(a) of the Regulatory Review Act (71 with the definitions used in the PENNVEST program P. S. § 745.5(a)), on March 18, 1997, the Board submitted regulations in § 965.1. a copy of the proposed amendment to IRRC and the Chairpersons of the Senate and House Environmental Although no comments were received on this portion of Resources and Energy Committees. In compliance with the proposed amendments, upon further consideration, section 5(b.1) of the Regulatory Review Act, the Board the language has been amended in the final-form regula- also provided IRRC and the Committees with copies of tions in § 103.5(c) (relating to preparation of project lists) the comments as well as other documentation. to clarify the relationship of the project priority rating factors to the PENNVEST project evaluation procedure. In preparing these final-form regulations, the Board has considered the comments received from IRRC. These The comments received on the revisions to Subchapter comments are addressed in the comment and response D suggest that the Board consider retaining the defini- document and Section E of this Preamble. The Commit- tions, clarifying the provisions to state clearly that poten- tees did not provide comments on the proposed rule- tial grant recipients must meet both of the eligibility making, nor were there any comments received from the criteria delineated in § 103.82 (relating to eligibility) and public. adding a sunset repealer provision at the end of these regulations. The definitions section of these regulations These final-form regulations were deemed approved by does not apply to the proposed changes to these regula- the House and Senate Environmental Resources and tions. The Board elected to forego adding a new defini- Energy Committee on November 25, 1997. IRRC met on tions section given the limited amount of money available December 11, 1997, and approved the final-form regula- and that only one or several grants will be awarded at tions in accordance with section 5(c) of the Regulatory this time. A change was made to the final-form regula- Review Act.

PENNSYLVANIA BULLETIN, VOL. 28, NO. 1, JANUARY 3, 1998 20 RULES AND REGULATIONS

I. Findings ***** The Board finds that: CWSRF—Clean Water State Revolving Fund—A fund (1) Public notice of proposed rulemaking was given administered by the Pennsylvania Infrastructure Invest- under sections 201 and 202 of the act of July 31, 1968 ment Authority (PENNVEST) that provides low-interest (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and loan funds to borrowers for the construction of facilities. regulations promulgated thereunder at 1 Pa. Code §§ 7.1 ***** and 7.2. Facilities—Any device or system for the storage, treat- (2) A public comment period was provided as required ment, recycling and reclamation of municipal sewage, by law and all comments were considered. domestic sewage or liquid industrial wastes or necessary (3) These final-form regulations do not enlarge the to recycle or reuse water at the most economical cost over purpose of the proposal published at 27 Pa.B. 1553 the useful life of the works. The term includes intercept- (March 29, 1997). ing sewers, outfall sewers, sewage collection systems, individual systems, pumping