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Volume 44
Number 51
Saturday, December 20, 2014 • Harrisburg, PA
Pages 7809—8000
Agencies in this issue
The Governor
The Courts
Department of Banking and Securities
Department of Education
Department of Environmental Protection
Department of General Services
Department of Health
Department of Human Services
Department of Labor and Industry
Department of Revenue
Department of Transportation
Environmental Hearing Board
Executive Board
Fish and Boat Commission
Game Commission
Insurance Department
Legislative Reference Bureau
Pennsylvania Convention Center Authority
Pennsylvania Intergovernmental Cooperation
Authority
Pennsylvania Public Utility Commission
Philadelphia Regional Port Authority
State Athletic Commission
State Board of Barber Examiners
State Board of Dentistry
State Board of Nursing
State Conservation Commission
State Real Estate Commission
Thaddeus Stevens College of Technology
Detailed list of contents appears inside.
PENNSYLVANIA
BULLETIN
(ISSN 0162-2137)
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No. 481, December 2014
CHANGE NOTICE/NEW SUBSCRIPTION
Latest Pennsylvania Code Reporter
(Master Transmittal Sheet):
The Pennsylvania Bulletin is published weekly by Fry
Communications, Inc. for the Commonwealth of Pennsylvania, Legislative Reference Bureau, 641 Main Capitol Building, Harrisburg, Pennsylvania 17120, under the policy
supervision and direction of the Joint Committee on Documents under 4 Pa.C.S. Part II (relating to publication and
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Attn: Pennsylvania Bulletin
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Copyright 娀 2014 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 West Church Road, Mechanicsburg, Pennsylvania 17055-3198.
7811
CONTENTS
THE GOVERNOR
Interoperable public safety and emergency communications governance . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7819
Lease retail space to the Commonwealth (3 documents) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7955
DEPARTMENT OF HEALTH
Notices
THE COURTS
APPELLATE PROCEDURE
Order amending Rule 1513 of the Rules of Appellate
Procedure; No. 250 appellate procedural rules
doc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7828
LOCAL COURT RULES
Bucks County
Mortgage foreclosure diversion program; administrative order No. 55 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7834
RULES OF CRIMINAL PROCEDURE
Order amending Rules 528 and 535 of the Rules of
Criminal Procedure; No. 457 criminal procedural
rules doc.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7830
RULES OF JUDICIAL ADMINISTRATION
Adoption of new Rules 4000—4016 and rescission of
Rules 5000.1—5000.13 of the Rules of Judicial
Administration; No. 436 judicial administration
doc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7823
SUPREME COURT
Reaccreditation of the National Elder Law Foundation as a certifying organization; No. 131 disciplinary rules doc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Reestablishment of the magisterial districts within
the 6th judicial district; No. 378 magisterial rules
doc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Reestablishment of the magisterial districts within
the 11th judicial district; No. 313 magisterial
rules doc.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Reestablishment of the magisterial districts within
the 28th judicial district; No. 340 magisterial
rules doc.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
DEPARTMENT OF GENERAL SERVICES
Notices
7835
7835
7836
7836
EXECUTIVE AND INDEPENDENT
AGENCIES
DEPARTMENT OF BANKING AND SECURITIES
Notices
Actions on applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7892
DEPARTMENT OF EDUCATION
Notices
Application by Cecil College to operate a location in
this Commonwealth. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7893
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Notices
Applications, actions and special notices. . . . . . . . . . . . 7893
Availability of technical guidance . . . . . . . . . . . . . . . . . . 7954
Riparian buffer amendment; notice of availability . . . 7954
Available Online at
Long-term care nursing facilities; request for exception . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7956
Renal Disease Advisory Committee meeting . . . . . . . . 7956
Special Supplemental Nutrition Program for
Women, Infants and Children (WIC Program);
maximum allowable prices and competitive
prices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7956
DEPARTMENT OF HUMAN SERVICES
Notices
Availability of amendment to the Bureau of Autism
Services’ Adult Autism Waiver with Accompanying
Home and Community-Based Settings Transition
Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Availability of amendments to the Office of Developmental Programs’ Consolidated and Person/
Family Directed Support Waivers with Accompanying Home and Community-Based Settings
Transition Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Availability of amendments to the Office of LongTerm Living’s OBRA waiver; additional amendments to the Aging and Attendant Care waivers;
renewal of the Community Care (CommCare)
waiver and Independence waiver; and accompanying home and community-based settings transition plans for the CommCare and OBRA
waivers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Disproportionate share payments for enhanced access to emergency department services and emergency department and outpatient access supplemental payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Fee schedule rates and Department-established fees
for Consolidated and Person/Family Directed Support waivers services, Targeted Services Management and the Community Intellectual Disability
Base-Funded Program . . . . . . . . . . . . . . . . . . . . . . . . . .
Healthy Pennsylvania cost sharing changes . . . . . . . .
Medical Assistance Program fees for primary care
services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PACE expansion of the Living Independence for the
Elderly Program for Montgomery County. . . . . . . . .
Payment methodology for services in the SchoolBased Access Program . . . . . . . . . . . . . . . . . . . . . . . . . .
7964
7965
7966
7967
7968
7973
7974
7974
7976
DEPARTMENT OF LABOR AND INDUSTRY
Rules and Regulations
Special rules of administrative practice and procedure before the Workers’ Compensation Appeal
Board and workers’ compensation judges . . . . . . . . . 7837
Notices
Uniform Construction Code Review and Advisory
Council meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7976
http://www.pabulletin.com
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
7812
DEPARTMENT OF REVENUE
Notices
Pennsylvania $1,000,000 Super Cash instant lottery
game. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Pennsylvania Cash Cow ’14 instant lottery game . . .
Pennsylvania Ca$h Up ’14 instant lottery game . . . .
Pennsylvania Love to Win instant lottery game . . . . .
Pennsylvania Lucky Valentine ’14 instant lottery
game. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PENNSYLVANIA INTERGOVERNMENTAL
COOPERATION AUTHORITY
Notices
7976
7979
7981
7985
7987
Financial statement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7993
PENNSYLVANIA PUBLIC UTILITY COMMISSION
Rules and Regulations
Electronic access to pre-served testimony . . . . . . . . . . . 7852
Review of Long-Term Infrastructure Improvement
Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7856
DEPARTMENT OF TRANSPORTATION
Notices
Notices
Green Light—Go: Pennsylvania’s Municipal Signal
Partnership Program; invitation to submit applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7989
PHILADELPHIA REGIONAL PORT AUTHORITY
Notices
ENVIRONMENTAL HEARING BOARD
Notices
Borough of Stockertown v. DEP; EHB doc. No.
2014-166-M . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7990
Service of notice of motor carrier applications. . . . . . . 7997
Request for bids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7997
STATE ATHLETIC COMMISSION
Notices
Public meetings for 2015 . . . . . . . . . . . . . . . . . . . . . . . . . . 7997
STATE BOARD OF BARBER EXAMINERS
Notices
EXECUTIVE BOARD
Statements of Policy
Reorganization of the Department of Human Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7880
Reorganization of the Governor’s Office of Administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7880
Reorganization of the Pennsylvania Municipal Retirement System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7880
FISH AND BOAT COMMISSION
Rules and Regulations
Boating . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7872
Proposed Rulemaking
Fishing; endangered species . . . . . . . . . . . . . . . . . . . . . . . 7876
Fishing; special fishing regulations. . . . . . . . . . . . . . . . . 7878
GAME COMMISSION
Notices
Notice of intent to adopt final environmental assessment prepared for the Voluntary Public Access
and Habitat Incentive Program in Pennsylvania
by the Farm Service Agency and the Pennsylvania
Game Commission, in May 2011 . . . . . . . . . . . . . . . . . 7990
INSURANCE DEPARTMENT
Notices
Geisinger Health Plan HMO—medical and pharmacy; small group transitional policies; rate
filing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7991
Geisinger Quality Options PPO (GSHP-129826332);
rate filing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7991
LEGISLATIVE REFERENCE BUREAU
Notices
Documents filed but not published . . . . . . . . . . . . . . . . . 7992
PENNSYLVANIA CONVENTION CENTER
AUTHORITY
Notices
Statements; net position; revenues, expenses and
changes in net position. . . . . . . . . . . . . . . . . . . . . . . . . . 7992
Bureau of Professional and Occupational Affairs v.
Jimmy Jones; doc. Nos. 1828-42-2014 and
1829-42-2014 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7998
STATE BOARD OF DENTISTRY
Notices
Revocation of the license of Clyde Knox, DDS; doc.
No. 0014-46-2014; file No. 12-46-07583 . . . . . . . . . . . 7998
STATE BOARD OF NURSING
Notices
Bureau of Professional and Occupational Affairs v.
Sharon Caroll, LPN; file No. 14-51-09237; doc. No.
1641-51-14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7998
Bureau of Professional and Occupational Affairs v.
Susan M. Frank, LPN; file No. 14-51-11288; doc.
No. 1935-51-14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7998
Bureau of Professional and Occupational Affairs v.
Leslie A. Johnson, LPN; file No. 13-15-00530; doc.
No. 1499-51-13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7998
STATE CONSERVATION COMMISSION
Notices
Access to odor management plans for concentrated
animal operations and concentrated animal feeding operations and volunteers complying with the
Commonwealth’s Facility Odor Management Program. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7999
STATE REAL ESTATE COMMISSION
Notices
Bureau of Professional and Occupational Affairs v.
Anthony John Hughes, Sr.; doc. No. 1771-56-2012;
file No. 12-56-01552. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7999
Bureau of Professional and Occupational Affairs v.
Betty Jean Wagner; doc. No. 1468-56-2012; file
No. 12-56-01009 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7999
THADDEUS STEVENS COLLEGE OF
TECHNOLOGY
Notices
Request for bids (2 documents) . . . . . . . . . . . . . . . . . . . . 8000
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
7813
READER’S GUIDE TO THE
PENNSYLVANIA BULLETIN
AND THE PENNSYLVANIA CODE
Pennsylvania Bulletin
The Pennsylvania Bulletin is the official gazette of
the Commonwealth of Pennsylvania. It is published
every week and includes a table of contents. A
cumulative subject matter index is published quarterly.
The Pennsylvania Bulletin serves several purposes. First, it is the temporary supplement to the
Pennsylvania Code, which is the official codification
of agency rules and regulations and other statutorily authorized documents. Changes in the codified
text, whether by adoption, amendment, repeal or
emergency action must be published in the Pennsylvania Bulletin. Further, agencies proposing changes
to the codified text do so in the Pennsylvania
Bulletin.
Second, the Pennsylvania Bulletin also publishes:
Governor’s Executive Orders; State Contract Notices; Summaries of Enacted Statutes; Statewide
and Local Court Rules; Attorney General Opinions;
Motor Carrier Applications before the Pennsylvania
Public Utility Commission; Applications and Actions
before the Department of Environmental Protection;
Orders of the Independent Regulatory Review Commission; and other documents authorized by law.
The text of certain documents published in the
Pennsylvania Bulletin is the only valid and enforceable text. Courts are required to take judicial notice
of the Pennsylvania Bulletin.
Adoption, Amendment or Repeal of
Regulations
Generally an agency wishing to adopt, amend or
repeal regulations must first publish in the Pennsylvania Bulletin a Notice of Proposed Rulemaking.
There are limited instances when the agency may
omit the proposal step; it still must publish the
adopted version.
The Notice of Proposed Rulemaking contains the
full text of the change, the agency contact person, a
fiscal note required by law and background for the
action.
The agency then allows sufficient time for public
comment before taking final action. An adopted
proposal must be published in the Pennsylvania
Bulletin before it can take effect. If the agency
wishes to adopt changes to the Notice of Proposed
Rulemaking to enlarge the scope, it must repropose.
Citation to the Pennsylvania Bulletin
Cite material in the Pennsylvania Bulletin by
volume number, a page number and date. Example:
Volume 1, Pennsylvania Bulletin, page 801, January
9, 1971 (short form: 1 Pa.B. 801 (January 9, 1971)).
Pennsylvania Code
The Pennsylvania Code is the official codification
of rules and regulations issued by Commonwealth
agencies and other statutorily authorized documents. The Pennsylvania Bulletin is the temporary
supplement to the Pennsylvania Code, printing
changes as soon as they occur. These changes are
then permanently codified by the Pennsylvania
Code Reporter, a monthly, loose-leaf supplement.
The Pennsylvania Code is cited by title number
and section number. Example: Title 10 Pennsylvania Code, § 1.1 (short form: 10 Pa. Code § 1.1).
Under the Pennsylvania Code codification system,
each regulation is assigned a unique number by
title and section. Titles roughly parallel the organization of Commonwealth government. Title 1 Pennsylvania Code lists every agency and its corresponding Code title location.
How to Find Documents
Search for your area of interest in the Pennsylvania Code. The Pennsylvania Code is available at
www.pacode.com.
Source Notes give the history of regulations. To
see if there have been recent changes, not yet
codified, check the List of Pennsylvania Code Chapters Affected in the most recent issue of the Pennsylvania Bulletin.
A chronological table of the history of Pennsylvania Code sections may be found at www.legis.state.
pa.us/cfdocs/legis/CH/Public/pcde_index.cfm.
The Pennsylvania Bulletin also publishes a quarterly List of Pennsylvania Code Sections Affected
which lists the regulations in numerical order,
followed by the citation to the Pennsylvania Bulletin in which the change occurred. The Pennsylvania
Bulletin is available at www.pabulletin.com.
SUBSCRIPTION INFORMATION: (717) 766-0211
GENERAL INFORMATION AND FINDING AIDS: (717) 783-1530
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
7814
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 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. A fiscal note provides
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 5 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 5 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. 44, NO. 51, DECEMBER 20, 2014
7815
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 2014.
4 Pa. Code (Administration)
Adopted Rules
1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3924
6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2505, 2617, 7819
113 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 888
405 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 485
287 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
288 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
299 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
806 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
901 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2849,
1021 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5328, 7365,
Statements of Policy
1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5046
9 . . . . . 32, 783, 1005, 1241, 1451, 2060, 2758, 3237, 3572,
3965, 5061, 5766, 5876, 6096, 6230, 6794,
7078, 7181, 7880
Proposed Rules
77 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6781
78 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 648
86 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6781
87 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6781
88 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6781
89 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6781
90 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6781
121 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2392
129 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2392, 4502
208 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5191
211 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6781
250 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2980
806 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6931
7 Pa. Code (Agriculture)
Adopted Rules
46 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2220
76 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2220
Proposed Rules
128 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2058
10 Pa. Code (Banking and Securities)
Adopted Rules
5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5010, 5463
Proposed Rules
57 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2751
Statements of Policy
5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6098
12 Pa. Code (Commerce, Trade and Local Government)
Adopted Rules
149 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 488
Proposed Rules
145 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5026
17 Pa. Code (Conservation and Natural Resources)
Proposed Rules
21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5757
23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5757
22 Pa. Code (Education)
Adopted Rules
4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1131, 1754
11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7670
19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3497
Proposed Rules
18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4514
25 Pa. Code (Environmental Protection)
Adopted Rules
78 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
121 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2236,
129 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
130 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
139 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
208 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
250 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2975,
271 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
272 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
273 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
284 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
285 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3517
3929
3929
3929
2236
3962
3235
7021
7021
7021
7021
7021
28 Pa. Code (Health and Safety)
Adopted Rules
157 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
701 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
709 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
710 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7021
7021
7021
2640
2850
7368
6658
6658
6660
6658
Proposed Rules
709 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1317
31 Pa. Code (Insurance)
Adopted Rules
25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2851
34 Pa. Code (Labor and Industry)
Adopted Rules
14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
14a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
111 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
131 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
225 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1233
1233
7837
7837
4483
Proposed Rules
111 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 996
131 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 996
37 Pa. Code (Law)
Adopted Rules
11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1233
13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1233
79 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 328
221 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7550
431 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1313
Proposed Rules
41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6933
40 Pa. Code (Liquor)
Adopted Rules
11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1233, 2056
Proposed Rules
3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7075, 7559
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
7816
49 Pa. Code (Professional and Vocational Standards)
Adopted Rules
3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2242
6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5566
7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2244
15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 993
16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .583, 6923
18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .583, 6923
25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 589
27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7552
37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 888
43b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 597
45 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7555
47 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2863, 6557
48 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6557
49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6557
Proposed Rules
5 ................................................
16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .648,
39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
43b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2247, 5487,
5214
4364
4364
6934
5490
7178
7173
51 Pa. Code (Public Officers)
Adopted Rules
53 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7671
52 Pa. Code (Public Utilities)
Adopted Rules
1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 249
3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 249
5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .249, 7852
23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 249
29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 249
32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 249
53 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 249
54 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .249, 3522
57 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .249, 3539
59 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .249, 5835
62 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .249, 3551
121 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7856
1001 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5662, 6665
1011 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5662, 5867, 6665
1013 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5017
1015 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5867
1017 . . . . . . . . . . . . . . . . . . . . . . . . . . . 3764, 5662, 5867, 6769
1019 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5662, 6769
1021 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5662, 5867
1027 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5867
1051 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5867, 6665
1053 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5867
1055 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3764
1057 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5867
1059 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5867
Proposed Rules
5 ................................................
57 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1321,
75 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1001 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1011 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1017 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252, 1323,
1019 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1021 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1051 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2868
1771
4179
2753
2753
7176
1323
7176
2753
Statements of Policy
69 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2405
55 Pa. Code (Public Welfare)
Adopted Rules
1187 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3322, 3565, 4498
1189 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3565, 4498
58 Pa. Code (Recreation)
Adopted Rules
51 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1762
61 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4177, 5336, 5969
63 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 250, 1762, 4177, 5970
65 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1764, 5969
69 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1766, 4177, 5336
71 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4177
73 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4177
93 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1767
95 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7872
109 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7872
111 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7872
131 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3091
133 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1429, 5190
135 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1429, 1883
139 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3091
141 . . . . . . . . . . . . . . . . . 3091, 3098, 3099, 3100, 3101, 7055
143 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1430, 1768
147 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1432, 3098, 3102, 7056
421a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7057
421b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7057
439a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7057
461a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .599, 619
463a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 599
464a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .599, 7057
465a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 599, 619, 7057, 7683
481a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7057
501a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7057
503a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7057
503b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7057
513a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7057
525 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 619
575 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 619
577 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 619
579 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 619
581 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1234
590 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
591 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1234
592 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4354
593 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6773
603a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .619, 7057
605a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5463
607a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 599
609a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 619
623a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 619
627a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .599, 619
629a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .599, 619
631a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .599, 619
633a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 599, 619, 7057
635a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 619
637a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 619
639a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5463, 7683
641a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5463, 7683
643a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5463, 7683
645a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7683
647a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5463, 7683
649a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .619, 7683
653a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5463, 7683
655a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5463, 7683
657a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5463, 7683
659a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 619
661a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 619
663a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 619
665a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 619
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
7817
Proposed Rules
61 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .901
63 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .901, 1769
65 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5972, 7878
69 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 901
71 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 901
73 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 901
75 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7876
95 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4360
109 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4360
111 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4360
131 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1440, 7072
133 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3103, 7074
139 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1442
141 . . . . . . . . . . . . . . . . . . . . . . . 1435, 1436, 1438, 1440, 5212
143 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7071
147 . . . . . . . . . . . . . . . . . . . . . . . 1438, 1448, 5213, 7073, 7074
Statements of Policy
57 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1772, 7561
61 Pa. Code (Revenue)
Adopted Rules
5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1432
67 Pa. Code (Transportation)
Adopted Rules
47 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
175 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
427 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
443 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7725
7442
2384
6777
Proposed Rules
15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
47 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
101 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
105 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
511 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6780
2642
7069
4500
5674
201 Pa. Code (Rules of Judicial Administration)
Adopted Rules
2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .319,
19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 454, 1428,
40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1419
3053
7823
7823
204 Pa. Code (Judicial System General Provisions)
Adopted Rules
29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5180, 6914, 6915
81 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2847
82 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 768
83 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 768, 1749, 2847
91 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3927
211 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7514
303 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4071
Proposed Rules
81 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6070
83 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1865, 2199, 6070
303 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1967, 1969
15
19
21
65
...............................................
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2053,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2510,
...............................................
7828
6223
3493
6223
Proposed Rules
1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 471
3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 319
5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5324
9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .319, 471
11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .471, 3054
13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 471
15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2052
33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 471
225 Pa. Code (Rules of Evidence)
Adopted Rules
Article VI . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6225
Article VIII . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1309
Proposed Rules
Article V . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7637
231 Pa. Code (Rules of Civil Procedure)
Adopted Rules
200 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .323, 2747
1000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
1910 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3233, 4476, 6553
1915 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3233, 4477, 7514
1930 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1749, 4168
2220 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
3000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1750
4000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4996
Proposed Rules
200 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 323, 324, 475,
1000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1900 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1910 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4338,
1915 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4338,
1920 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4165, 4338,
1930 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5563
5182
2199
4340
5828
4341
4338
4996
234 Pa. Code (Rules of Criminal Procedure)
Adopted Rules
1 ................................................
4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3056,
5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 239, 477, 1309,
7 ................................................
10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3056
4168
7830
4168
3056
Proposed Rules
1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 769
4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 475, 577, 769, 2369
5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 778
7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .475, 2369
9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4170
10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 769
207 Pa. Code (Judicial Conduct)
Adopted Rules
33 . . . . . . . . . . . . . . . . . . . . . . . . . 455, 4338, 6083, 6204, 7168
51 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6205, 7169
237 Pa. Code (Juvenile Rules)
Adopted Rules
1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 781, 1868, 5447,
3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5447,
4 ................................................
11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 781, 5447,
210 Pa. Code (Appellate Procedure)
Adopted Rules
1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8,
3 ................................................
9 ................................................
11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Proposed Rules
4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .246, 3306
11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3307
15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3307
16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3307
3493
3493
3493
3493
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
6087
7641
5447
6087
7818
246 Pa. Code (Minor Court Civil Rules)
Adopted Rules
100 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5564
300 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13, 3310, 5183
500 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13, 14
800 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
1000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
1200 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7642
Proposed Rules
300 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10, 479
800 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4477
1000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4342
249 Pa. Code (Philadelphia Rules)
Unclassified . . . . 883, 3066, 3067, 3311, 3313, 3747, 6657,
7170, 7350
252 Pa. Code (Allegheny County Rules)
Unclassified . . . . . . . . . . . . . . . . . . . . . 5830, 6554, 7018, 7646
255 Pa. Code (Local Court Rules)
Unclassified . . . . . . . . . . . . 16, 17, 18, 19, 20, 21, 23, 24, 25,
247, 324, 325, 480, 481, 581, 991, 1123, 1124, 1428, 1752,
1753, 1868, 1870, 1871, 1872, 1873, 1874, 1875, 1876,
1877, 1878, 1879, 2054, 2200, 2201, 2216, 2372, 2510,
2511, 2513, 2515, 2620, 2638, 2639, 2747, 2749, 2750,
2847, 2848, 3086, 3088, 3089, 3319, 3321, 3495, 3759,
3927, 4175, 4347, 4352, 4997, 4998, 5008, 5185, 5187,
5188, 5326, 5456, 5457, 5458, 5459, 5461, 5462, 5564,
5656, 5657, 5755, 5830, 5832, 5833, 5834, 5963, 6089,
6091, 6093, 6094, 6226, 6227, 6228, 6229, 6555, 6750,
6766, 6767, 6915, 6916, 6917, 6919, 7018, 7171,
7354, 7355, 7364, 7439, 7440, 7441, 7515,
7660, 7661, 7662, 7663, 7834
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
7819
THE GOVERNOR
Title 4—ADMINISTRATION
PART I. GOVERNOR’S OFFICE
[ 4 PA. CODE CH. 6 ]
[ EXECUTIVE ORDER NO. 2014-06 ]
Interoperable Public Safety and Emergency Communications
Governance
December 2, 2014
Whereas, the Commonwealth of Pennsylvania recognizes the importance
of public safety and emergency response communications through the
support of the National Emergency Communications Plan (NECP) of Title
XVIII of the Homeland Security Act of 2002 (6 United States Code 101 et
seq.), as amended in 2006, that establishes a minimum level of interoperable communications to improve nationwide response efforts and bolster
situational awareness, information sharing, and command and control
operations that drive measurable and sustainable improvements consistent
with the National Response Framework, National Incident Management
System, National Preparedness Guidelines, and National Preparedness Goal
in coordination with stakeholders from all levels of government and from
the private sector; and
Whereas, the NECP seeks to build on the substantial progress that has
been made over the last several years among the key developments at the
federal, state, regional, and local levels, the commonwealth seeks to do the
same through the continued development and implementation of Pennsylvania’s Statewide Communications Interoperability Plan (SCIP) that identifies
near- and long-term initiatives for improving public safety and emergency
response communications interoperability; and
Whereas, the majority of emergency incidents occur at the local level, the
Governor’s Office of the Commonwealth of Pennsylvania in coordination
with the United States Department of Homeland Security (DHS), Office of
Emergency Communications (OEC), works to improve emergency communications: specifically, operability, interoperability, and continuity of communications; and
Whereas, the commonwealth accepts the recommendation of the OEC to
create a Statewide Interoperability Governing Board (SIGB) to ensure
effective and efficient interoperable communications among public safety
and emergency response agencies at all levels of government to support the
continued development and implementation of the commonwealth’s SCIP,
originally approved in 2007 and filed with DHS; and
Whereas, the U.S. Middle Class Tax Relief and Job Creation Act of 2012
authorizes the construction of the Nationwide Public Safety Broadband
Network and establishes the First Responder Network Authority (FirstNet),
requiring FirstNet to consult with state and local jurisdictions, the commonwealth recognizes the need to establish a committee that can effectively
collect the requirements of Pennsylvania’s public safety community and
communicate them to FirstNet.
Now, Therefore, I, Tom Corbett, Governor of the Commonwealth of
Pennsylvania, by virtue of the authority vested in me by the Constitution of
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
7820
THE GOVERNOR
the Commonwealth of Pennsylvania and other laws, do formally establish
the Governor’s Public Safety Communications Council.
Governor
Fiscal Note: GOV-14-06. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 4. ADMINISTRATION
PART I. GOVERNOR’S OFFICE
CHAPTER 6. ADDITIONAL COUNCILS AND COMMITTEES
Subchapter UU. GOVERNOR’S PUBLIC SAFETY
COMMUNICATIONS COUNCIL
Sec.
6.561.
6.562.
6.563.
6.564.
6.565.
6.566.
6.567.
6.568.
Purpose.
Responsibilities.
Composition.
Cooperation by State agencies.
Bylaws and subcommittees.
Reports.
Effective date.
Termination date.
§ 6.561. Purpose.
The purpose of the Governor’s Public Safety Communications Council
(PSCC) is to create a central intergovernmental and interdisciplinary body
for interoperable communications planning and implementation to mitigate
the challenges of interoperable communications for public safety and
emergency communications. The PSCC will serve as the Commonwealth’s
Statewide Interoperability Governing Board.
§ 6.562. Responsibilities.
The Governor’s Public Safety Communications Council (PSCC) does not
have authority to make binding directives, but shall recommend means for
agencies, the Governor, and other public safety and emergency communications organizations to achieve the following goals:
(1) Operability. Ensure the ability to establish and sustain emergency
communications in support of mission operations.
(2) Interoperability. Ensure emergency communications capability among
jurisdictions, disciplines and levels of government, across frequency bands
and technologies, in real time, as needed and as authorized.
(3) Continuity of communications. Ensure the ability of emergency response agencies to maintain communications in the event of damage to or
destruction of the primary infrastructure.
(4) Strategic planning. Maintain Pennsylvania’s Statewide Communications Interoperability Plan (SCIP), on file with the United States Department of Homeland Security, and oversee its implementation.
(5) Inter-jurisdictional agreements. Promote and oversee the establishment of communications interoperability agreements among jurisdictions.
(6) Grants. Review State, county and local emergency communications
grant applications in accordance with Federal grant guidelines to ensure
consistency with the Statewide plan.
(7) Policy. Promote and oversee the development and enforcement of
policies, standards and procedures for interoperable communications.
(8) Outreach. Develop and implement an interoperability outreach plan to
ensure awareness of Federal and State policies, programs, standards and
initiatives for interoperable emergency communications.
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
THE GOVERNOR
(9) Measurement and evaluation. Measure progress in communications
interoperability against the goals and standards in Pennsylvania’s SCIP to
ensure that the decisions of the PSCC are guided by accurate assessment of
progress.
§ 6.563. Composition.
(a) The Governor’s Public Safety Communications Council (PSCC) shall
be comprised of the following members, each of whom will be appointed by
and serve at the pleasure of the Governor:
(1) A designee appointed by the Governor, who shall serve as Chairperson.
(2) Three county commissioners as designated by the County Commissioners Association of Pennsylvania.
(3) One representative from up to 20 associations and other organizations
representing public safety and emergency communications practitioners and
communications and utility industry sectors, to include the following:
(i) Pennsylvania Chiefs of Police Association.
(ii) Pennsylvania Emergency Health Services Council.
(iii) Energy Association of Pennsylvania.
(iv) Pennsylvania Telephone Association.
(v) Pennsylvania Public Transportation Association.
(vi) Association of Public-Safety Communications Officials.
(vii) Pennsylvania Chapter of the National Emergency Number Association.
(viii) Keystone Emergency Management Association.
(ix) Pennsylvania Professional Fire Fighters Association.
(x) Firemen’s Association State of Pennsylvania.
(xi) Pennsylvania Wireless Association.
(xii) Broadband Cable Association of Pennsylvania.
(xiii) Pennsylvania Municipal League.
(b) The PSCC shall be comprised of the following members, each of whom
shall serve by virtue of their public positions:
(1) Chief Information Officer, Office for Information Technology, Governor’s Office of Administration or a designee.
(2) Commissioner, Pennsylvania State Police or a designee.
(3) Director, Pennsylvania Emergency Management Agency or a designee.
(4) Director, Pennsylvania Office of Homeland Security or a designee.
(5) Superintendent, Capitol Police Department, Department of General
Services or a designee.
(6) Secretary, Department of Corrections or a designee.
(7) Secretary, Department of Transportation or a designee.
(8) The Adjutant General, Pennsylvania National Guard or a designee.
(9) Secretary, Department of Conservation and Natural Resources or a
designee.
(10) Secretary, Department of Health or a designee.
(11) Pennsylvania Attorney General or a designee.
(12) Chairperson, Board of Probation and Parole or a designee.
(13) Chairperson, Pennsylvania Turnpike Commission or a designee.
(14) Chairperson, Pennsylvania Public Utility Commission or a designee.
(15) Executive Director, Game Commission or a designee.
(16) Executive Director, Fish and Boat Commission or a designee.
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(17) Pennsylvania State Fire Commissioner or a designee.
(18) Director, Governor’s Policy Office or a designee.
(19) Governor’s General Counsel or a designee.
(c) The PSCC shall be comprised of the following legislative appointments
with one member appointed by each of the following:
(1) The President Pro Tempore of the Senate.
(2) The Minority Leader of the Senate.
(3) The Speaker of the House of Representatives.
(4) The Minority Leader of the House of Representatives.
§ 6.564. Cooperation by State agencies.
Agencies under the Governor’s jurisdiction shall cooperate with the
Governor’s Public Safety Communications Council and provide assistance
and support as needed to help carry out its functions effectively.
§ 6.565. Bylaws and subcommittees.
The Governor’s Public Safety Communications Council shall create bylaws
and subcommittees as necessary to meet the responsibilities in this chapter.
§ 6.566. Reports.
The Chairperson of the Governor’s Public Safety Communications Council
will make an annual summary of proceedings to the Governor and will refer
any urgent issues to the Governor for resolution.
§ 6.567. Effective date.
This subchapter takes effect immediately.
§ 6.568. Termination date.
This subchapter remains in effect unless revised or modified by the
Governor.
[Pa.B. Doc. No. 14-2608. Filed for public inspection December 19, 2014, 9:00 a.m.]
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Title 201—RULES OF
JUDICIAL ADMINISTRATION
[ 201 PA. CODE CHS. 40 AND 50 ]
Adoption of New Rules 4000—4016 and Rescission of Rules 5000.1—5000.13 of the Rules of
Judicial Administration; No. 436 Judicial Administration Doc.
Order
Per Curiam
And Now, this 4th day of December, 2014, it is Ordered
pursuant to Article V, Section 10 of the Constitution of
Pennsylvania that Rules 4000—4016 of the Pennsylvania
Rules of Judicial Administration are adopted in the
following form. It is furthered Ordered that Rules
5000.1—5000.13 of the Pennsylvania Rules of Judicial
Administration are rescinded.
This Order shall be processed in accordance with
Pa.R.J.A. No. 103(b), and shall be effective June 1, 2015.
Annex A
TITLE 201. RULES OF JUDICIAL
ADMINISTRATION
CHAPTER 40. UNIFORM RULES GOVERNING
COURT REPORTING AND TRANSCRIPTS
(Editor’s Note: The following chapter is new and
printed in regular type to enhance readability.)
Rule
4001.
4002.
4003.
4004.
4005.
4006.
4007.
4008.
4009.
4010.
4011.
4012.
4013.
4014.
4015.
4016.
Scope of Rules. Policy.
Definitions.
Committee on Court Reporting and Transcripts.
Qualifications and Certification of Court Reporters and Court
Recorders.
Approval of Transcriptionists.
Employment and Duties of Court Reporting Personnel.
Requests for Transcripts.
Transcript Costs Payable by a Requesting Party Other Than
the Commonwealth or a Subdivision Thereof.
Fees Payable to the Court Reporter or Transcriptionist by the
Judicial District. Local Rule.
Format of Transcript.
Deadline for Delivery of Transcript.
Sanctions for Delayed Transcript.
Certification of Transcript.
Redaction of Personal Data Identifiers.
Ownership of Notes.
Storage and Retention.
Rule 4001. Scope of Rules. Policy.
(A) These rules shall govern the making, preserving
and transcribing of the record of proceedings before any
trial court of record within the Unified Judicial System.
(B) Because complete and verbatim notes of testimony
and transcripts are integral to the official record of court
proceedings, it is the policy of the Unified Judicial System
to ensure that (1) qualified court reporting services are
available in each judicial district and that court reporters
are fairly compensated, (2) transcripts are timely produced and are affordable to all litigants, and (3) efficient
technologies are employed to reduce litigation costs and
conserve public resources.
Comment
These rules are promulgated pursuant to the administrative and supervisory authority granted to the Supreme
Court by Article V, § 10 of the Pennsylvania Constitution.
See also 42 Pa.C.S.A. § 1724(a)(10).
Rule 4002. Definitions.
Condensed transcript means a miniaturized copy of the
original transcript printed in such a way as to place more
than one page of transcript on a single sheet of paper.
Court recorder means an individual employed, contracted or utilized by a court to record testimony by
electronic means (audio or audio-visual).
Court reporter means an individual employed, contracted or utilized by a court to record testimony whether
through use of a stenotype machine, stenomask equipment, written symbols, or otherwise.
Court reporter’s dictionary is a computer file that
matches a court reporter’s steno strokes with English
text. A court reporter’s personal dictionary is an essential
part of a computer aided transcription (CAT) system.
Court reporting personnel includes court reporters,
court recorders, transcriptionists and any other personnel
whether employed or contracted who make the court
record for use in any Pennsylvania court.
Daily transcript means a transcript delivered within
eighteen (18) hours of an official request, not including
weekends or official court holidays. For the purposes of
additional payment, a transcript is a daily transcript only
if it is in fact delivered within the above time limit.
Digital audio files are those files created by digital
recording systems and saved in a format that allows
storage and playback through computer applications.
Electronic transcript means an official transcript delivered in an electronic, non-paper medium.
Expedited transcript means a transcript delivered
within seventy-two (72) hours of an official request, not
including weekends or official court holidays. For the
purposes of additional payment, a transcript is an expedited transcript only if it is in fact delivered within the
above time limit.
Filing office refers to an office without regard to title
that has the responsibility and function in each judicial
district to maintain the official dockets and case files of
the court.
Financial institution account identifiers means financial
institution account numbers, credit card numbers, debit
card numbers, PINS or passwords to secure accounts, and
other account identifying information.
Notes of testimony means the official recording of an
oral proceeding made whether through use of an electronic device, stenomask equipment, stenotype machine,
written symbols, or otherwise; and includes the dictionary, media storage files, and other documentation needed
to prepare a transcript.
Ordinary transcript means a transcript ordered for
delivery within the time limits set forth in Rule 4011.
Rough draft transcript (computer diskette, hard paper
copy, or electronically distributed) is an unedited and
uncertified transcript that may contain untranslated or
mistranslated stenotype symbols. This also includes notes
that appear on paper, unedited electronic data, tapes or
other media in the original state in which they existed
when they were taken at the time of testimony.
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Transcript means a certified, written, verbatim record
of a proceeding.
Transcriptionist means any person employed, contracted or utilized by a court to prepare a transcript of a
proceeding from an electronic or other recording. A court
recorder and a court reporter may also serve as a
transcriptionist.
Rule 4003. Committee on Court Reporting and
Transcripts.
(A) The Committee on Court Reporting and Transcripts
shall consist of the following members appointed by the
Supreme Court of Pennsylvania, one of whom shall be
designated as Chair and one of whom shall be designated
as Vice-Chair:
(1) One representative of the Superior Court of Pennsylvania;
(2) One representative of the Commonwealth Court of
Pennsylvania;
(3) Two president judges of the courts of common pleas
chosen from among the judicial districts of the Commonwealth;
(4) The district court administrator of the Philadelphia
County Court of Common Pleas;
(5) The district court administrator of the Allegheny
County Court of Common Pleas;
(6) Two district court administrators chosen from
among the judicial districts of the Commonwealth other
than Philadelphia and Allegheny;
(7) Two providers of court reporting services representing the various methods currently in usage within Pennsylvania; and
(8) Two members of the Pennsylvania Bar.
(B) Initial appointments shall be for one-, two- or
three-year terms, and these members may serve one
additional three-year term. Thereafter appointments shall
be for three years and members shall serve no more than
two consecutive three-year terms. A replacement appointee shall serve for the balance of the unexpired term.
(C) The Committee shall review current rules and
practices, and, upon concurrence of the Court Administrator, recommend revisions to the Uniform Rules Governing
Court Reporting and Transcripts as may be necessary to
effectuate the policy of these rules.
(D) The Administrative Office shall provide staff support to the Committee.
Rule 4004. Qualifications and Certification of Court
Reporters and Court Recorders.
(A) No person shall be employed or utilized by a court
as a court reporter or court recorder unless certified by
the president judge or his or her designee as meeting the
minimum criteria set forth in subdivision (B)(1), (B)(2), or
(C) except
(1) those persons already employed or utilized by a
court at the time of the adoption of these rules or
(2) those court reporters who hold and maintain a
professional certification.
(B) The minimum criteria for certification of a court
reporter are the following:
(1) stenographic requirements: the court reporter is
capable of recording proceedings at a 95% accuracy level
at the following speeds:
(a) literary at 180 w.p.m.
(b) jury charge at 200 w.p.m.
(c) testimony and question and answer at 225 w.p.m.
(2) voice writing requirements: the court reporter is
capable of recording proceedings at a 95% accuracy level
at the following speeds:
(a) literary at 200 w.p.m.
(b) jury charge at 225 w.p.m.
(c) two-voice question and answer at 250 w.p.m.
(C) The minimum criteria for certification of a court
recorder are the following:
(1) full familiarity with the controls of the electronic
audio or audio-visual equipment;
(2) adequate hearing acuity to assure a high quality
recording;
(3) insistence on clarity of the recording;
(4) ability to quickly diagnose and correct routine
malfunctions;
(5) proficiency in note taking; and
(6) understanding of courtroom procedures and vocabulary.
(D) All persons employed or utilized by a court as a
court reporter or court recorder, including those employed
or utilized prior to the adoption of these rules, shall be
recertified as meeting the above criteria at least every
three (3) years.
(1) Court reporters shall be recertified upon completion
of thirty (30) hours of continuing professional education
every three (3) years. Proof of attendance shall be submitted to the president judge or his or her designee.
(2) Court recorders shall be recertified every three (3)
years. The president judge may rely upon reports of the
district court administrator and the judicial district’s
judges and quasi-judicial officers to determine whether
the requirements set forth in subdivision (C) are satisfactorily met. Those reports must be based on recent courtroom experience and a review of work products (e.g., lists,
log notes, CD recordings) for accuracy, timeliness and
quality.
(E) Any person who fails to meet the minimum criteria
at the time of recertification shall be given six months to
comply. Anyone who fails to comply with this subdivision
shall be prohibited from serving as a court reporter or
court recorder.
(F) The president judge shall verify annually to the
Court Administrator compliance with this rule on forms
developed by the Administrative Office.
Rule 4005. Approval of Transcriptionists.
No person or organization shall be employed or utilized
by a court as a transcriptionist unless approved by the
president judge.
Comment
The American Association of Electronic Reporters and
Transcribers (AAERT) recommends the following criteria
for transcriptionists: (a) scores at least 70% on an examination with a timed, 100-question, written examination
on technical aspects of electronic reporting, courtroom
procedures, and vocabulary; and (b) scores at least 98%
accuracy on at least ten text pages produced during a
half-hour AAERT-prepared audiotape in ASCII, Word,
WordPerfect, or WordStar.
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Rule 4006. Employment and Duties of Court Reporting Personnel.
(2) the court reporter, court recorder or transcriptionist;
(A) The president judge or his or her designee shall
select, appoint, and supervise court reporting personnel
for the district. The number of court reporting personnel
in any district shall be adequate to support the full and
unrestricted operation of the courts.
(3) the district court administrator or his or her designee; and
(B) The president judge or his or her designee shall
assign court reporting personnel in a manner as to
(1) cover all proceedings and timely produce all transcripts; and
(2) substantially equalize the workload of recording
testimony, and of transcript production and generating
fees.
(C) All court reporting personnel are officers of the
court with a duty to comply with all court regulations and
orders and to maintain the highest standards of professional and ethical conduct.
(D) No court reporting personnel shall work outside his
or her official duties unless in full compliance with all
rules regarding timeliness of transcripts.
(E) All court reporters using computer-aided transcription are required to submit to the president judge or his
or her designee a copy of the reporter’s dictionary upon
employment or contractual engagement. An updated dictionary must be provided to the president judge or his or
her designee at least quarterly.
(F) Court reporters, court recorders and transcriptionists shall file a monthly report with the district court
administrator of all ordered or requested transcripts in
chronological order indicating the date of each order or
request, the case name and number, whether the transcript requires rapid completion (e.g., a Children’s Fast
Track appeal), the approximate length of the record to be
transcribed, the status of the transcription, and the
expected date of the filing of the transcript. A court
reporter, court recorder or transcriptionist must coordinate the district court administrator or his or her designee whenever courtroom coverage must be arranged in
order to timely deliver the transcript.
(G) The district court administrator shall prepare a
summary statistical report of the number of transcripts
requested, delivered and pending, as well as the age of all
pending transcripts, which shall be forwarded to the
Administrative Office quarterly on forms designed by the
Court Administrator.
(H) All court reporting personnel and county administrative personnel are required to comply with all standing
and special requests of the Administrative Office for
information, including information on transcript cost and
fee payments and data relative to transcript production,
delivery, and delay.
Rule 4007. Requests for Transcripts.
(A) All requests for transcripts shall be set forth on a
standardized form provided by the Court Administrator.
The form shall indicate the current rates authorized to be
charged for transcripts under these rules.
(B) For an ordinary transcript, the party requesting a
full or partial transcript of a trial or other proceeding
shall file the original request with the appropriate filing
office of the court. Copies of the formal request shall be
delivered to:
(1) the judge presiding over the matter;
(4) opposing counsel, but if not represented, the opposing party.
(C) In courts where daily, expedited or rough draft
transcripts are available, requests for these transcripts
shall be filed in writing in the appropriate filing office at
least 10 days prior to the proceeding. Copies of the
written request shall be delivered as required by subsection (B). In the event of an emergency, a party may
request by oral motion a daily, expedited or rough draft
transcript.
(D) When a private litigant who is responsible for the
costs requests a transcript,
(1) the litigant ordering a transcript shall make partial
payment of the estimated cost of the transcript to the
court’s designee. Deposit checks are to be made payable
to the judicial district or county.
(2) the court reporter or transcriptionist shall prepare
the transcript upon direction of the court’s designee.
(3) the court reporter, court recorder or transcriptionist
shall notify the ordering party and the court’s designee of
the completion of the transcript and deliver a copy of the
transcript to the judge presiding over the matter. Checks
for the final balance are to be made payable to the
judicial district or county.
(4) upon payment of any balance owed, the court
reporter, court recorder or transcriptionist shall deliver
the original transcript to the appropriate filing office and
copies to the parties.
(E) When a transcript is requested for which the court
or county is responsible for the cost, the court reporter,
court recorder or transcriptionist shall prepare the transcript upon receipt of the request.
Comment
Nothing in this rule prevents a local court from adopting an electronic filing request procedure provided the
request is effectively communicated to the listed persons.
Within the framework of these rules, the particular
methods and logistics for receiving and accounting for
costs is left to the discretion of the president judge and
district court administration. Note, however, that deposit
checks and final payment checks are to be made payable
to the judicial district or county, not to the individual
court reporter or transcriptionist preparing the transcript.
Rule 4008. Transcript Costs Payable by a Requesting Party Other Than the Commonwealth or a
Subdivision Thereof.
(A) Costs
(1) The costs payable by a requesting party, other than
the Commonwealth or a subdivision thereof, for an electronic transcript shall not exceed:
(a) for an ordinary transcript, $2.25 per page;
(b) for an expedited transcript, $3.25 per page; and
(c) for a daily transcript, $4.25 per page.
(2) When the transcript is prepared in bound paper
format, the costs shall be in accordance with paragraph
(1) relating to electronic format plus a surcharge of $0.25
per page.
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Comment
The rules encourage the use of electronic transcripts
which will result in reduced costs for preparing and
distributing transcripts. No-cost, user-friendly software is
available for converting text files into PDF format (see
Rule 4010(B)). Unlike paper transcripts, electronic transcripts can offer features such as keyword searches, copy
and paste functions, and speedy transmission. Moreover,
the ability to store transcripts and reporters’ notes on
disks and networks should greatly reduce the courts’
storage costs. Electronic systems support the business
trend of moving toward paperless operations and also
respond to ecological concerns by reducing paper waste.
Many judges prefer to read paper transcripts, including
condensed transcripts, and these rules do not inhibit the
practice. However, when a condensed paper transcript is
ordered by a party, the surcharge of $0.25 per page in
Rule 4008(A)(2) shall refer to $0.25 per sheet of paper,
regardless of the number of pages of transcript on the
sheet.
(B) Economic hardship—minimum standards
(1) Transcript costs for ordinary transcripts shall be
waived for a litigant who has been permitted by the court
to proceed in forma pauperis or whose income is below
the poverty line as defined by the U.S. Department of
Health and Human Services (HHS) poverty guidelines for
the current year.
(2) Transcript costs for ordinary transcripts shall be
reduced by one-half for a litigant whose income is less
than 200 percent of poverty as defined by the HHS
poverty guidelines for the current year.
(3) The court shall advise litigants of the procedure for
requesting a waiver or reduction of costs.
Comment
Transcript costs can be quite expensive. By establishing
minimum standards, subdivision (B) is intended to ensure
that costs do not effectively deny access to the court
system to impoverished persons and persons of limited
financial means when further proceedings necessitate a
transcript. Procedures for waiving or reducing transcripts
costs must be published by the court and clearly communicated to litigants.
(C) Assignment and allocation of transcript costs
(1) Assignment of costs. The requesting party, or party
required by general rule to file a transcript, shall be
responsible for the cost of the transcript. Costs shall not
be assessed against any party for transcripts prepared at
the initiation of the court.
(2) Allocation of costs. When more than one party
requests the transcript, or are required by general rule to
file the transcript, the cost shall be divided equally
among the parties.
(D) Copies of transcript
(1) An electronic copy of the transcript shall be provided without charge to all parties other than the requesting party. A paper copy may be purchased at the
surcharge rate specified in Rule 4008(A)(2).
(2) The cost of copies prepared for the court or filing
office are included in the costs set forth in Rule 4008(A)
and shall not be charged to any party.
(3) The cost charged to the public for a copy of a
transcript that has been filed of record shall not exceed
$0.25 per page.
Comment
As no additional effort is needed to produce a copy of
an electronic transcript, no copy charges may be levied
upon the parties. With respect to a non-party (i.e., general
public) request for a photocopy of a transcript, Rule
4007(D)(4) anticipates that the filing offices of the judicial
district are the proper custodians of court case records
and transcripts. Rule 4008(D)(3) provides that the cost
charged to the public for a transcript copy that has been
filed of record shall not exceed $0.25 per page, regardless
of the form or location in which the transcript is filed or
stored. At this time, the rules do not require the sale of
electronic transcripts to the public.
(E) Additional Costs
No transcript or related costs may be charged to the
parties or the public other than those listed in subdivisions (A), (B) and (D) without the written approval of the
Court Administrator.
(F) Requests for Rate Increases
The president judge of a judicial district may request
an increase in the rates prescribed in subdivision (A) by
submitting a written request to the Committee on Court
Reporting and Transcripts. The request shall only be
approved where it is established that the judicial district
faces an economic hardship caused by the current rates
and that the requested rates are reasonable. If the
Committee approves the request by majority vote, it shall
be forwarded to the Court Administrator for review. If the
Court Administrator determines that the increase is
necessary, the request shall be forwarded to the Supreme
Court.
Rule 4009. Fees Payable to the Court Reporter or
Transcriptionist by the Judicial District. Local
Rule.
Each judicial district shall promulgate and publish a
local rule establishing the fees to be paid to court
reporters and transcriptionists for all court reporting
products.
Official Note: For rules governing the promulgation of
local rules, see Pa.R.J.A. No. 103(c).
Comment
By local rule, each judicial district shall set forth a
comprehensive schedule of fees to be paid to court
reporting personnel for all transcript products. While the
maximum costs that may be charged to litigants or the
public is fixed by Rule 4008, and may not be exceeded, a
judicial district has the discretion to pay court reporters
and transcriptionists a differing amount. In sum, these
rules provide that litigants pay the transcript costs to the
court according to the statewide schedule set forth in
Rule 4008. The court, in turn, pays transcript fees to the
court reporting personnel according to the fee schedule
set by the judicial district.
The fee schedule of a judicial district must specify the
fees that court reporters and transcriptionists are paid for
both transcripts requested by litigants and transcripts
requested by the Commonwealth or a subdivision thereof.
Therefore, at a minimum, the local rule required in Rule
4009 must include the fees payable to court reporters and
transcriptionists for (1) private-party transcripts, (2) transcripts ordered by governmental entities, (3) indigency
and economic hardship cases, and (4) accelerated delivery
surcharges.
Rule 4010. Format of Transcript.
(A) The format of paper transcripts shall be as follows:
(1) Size. Paper size shall be 8 1/2 x 11 inches.
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(2) Paper. Paper shall be opaque, white, archival quality paper, at least 13 pounds for both originals and copies.
(3) Preprinted Marginal Lines. Pages shall contain
preprinted solid left and right marginal lines. Preprinted
top and bottom marginal lines are optional.
(4) Line Numbers. Each page shall bear numbers indicating each line of transcription on the page.
(5) Number of Lines per Page. Each page shall contain
25 lines of text. The last page may contain fewer lines if
it is less than a full page of transcription. Page numbers
or notations (e.g., page headers) shall not be considered
part of the 25 lines of text.
(6) Margins. Typing shall begin on each page at the 1
3/4 inch left margin and continue to the 3/8 inch right
margin.
(7) Type Size. The letter character size is to be 12 point
with 10 letters to the inch. This type size provides for
approximately 63 characters to each line. Courier 12
point type is recommended.
(8) Spacing. Lines of text shall be double spaced.
(9) Indentations.
(a) Q and A. All ‘‘Q’’ and ‘‘A’’ designations shall begin at
the left margin. The statement following the ‘‘Q’’ and ‘‘A’’
shall begin on the fifth space from the left margin.
Subsequent lines shall begin at the left margin. Since
depositions read at a trial have the same effect as oral
testimony, the indentations for ‘‘Q’’ and ‘‘A’’ should be the
same as described above. In the transcript, each question
and answer read should be preceded by a quotation mark.
At the conclusion of the reading, a closing quotation mark
should be used.
(b) Colloquy. Speaker identification shall begin on the
tenth space from the left margin followed directly by a
colon. The statement shall begin on the third space after
the colon. Subsequent lines shall begin at the left margin.
(c) Quotations. Quoted material other than depositions
shall begin on the tenth space from the left margin, with
additional quoted lines beginning at the tenth space from
the left margin, with appropriate quotation marks used.
(d) Interruptions of Speech and Simultaneous Discussions. Interruptions of speech shall be denoted by the use
of a dash at the point of interruption, and again at the
point the speaker resumes speaking.
(e) Page Heading (also known as ‘‘Headers’’). A page
heading is brief descriptive information noted to aid in
locating a person and/or event in a transcript. Page
headings shall appear above line 1 on the same line as
the page number. This information shall not to be counted
as a line of transcript.
(f) Parentheses. Parenthetical notations shall be
marked by parentheses. They shall begin with an open
parenthesis on the fifth space from the left margin, with
the remark beginning on the sixth space from the left
margin. Parentheses are used for customary introductory
statements such as call to order of court or swearing in a
witness. Parentheses are also used for indicating nonverbal behavior, pauses, and readback/playback.
(B) Electronic transcripts shall comply with the format
standards set forth in Rule 4010(A)(3) through (9) for
paper transcripts and, in addition, shall be in PDF format
with the following settings:
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(1) functions disabled: content changes
(2) functions enabled: search, select, copy, paste and
print.
Comment
Rule 4010 standards for both paper and electronic
transcripts, which closely follow federal court standards,
assure that all transcripts of proceedings before the
Pennsylvania courts are formatted in the same way,
whether prepared by official court reporters or transcriptionists, contract or per diem personnel, or by transcription companies.
Rule 4011. Deadline for Delivery of Transcript.
(A) The court reporter or transcriptionist shall deliver
the transcript within 30 calendar days of receiving notice
to prepare the transcript as provided by Rule 4007,
unless an accelerated timeframe is mandated by law. The
court reporter or transcriptionist, upon a showing of good
cause to the president judge or his or her designee, may
request an extension of the deadline for a period of time
not to exceed an additional 30 days. In no case shall more
than one extension be granted.
(B) Transcripts prepared pursuant to the Children’s
Fast Track Appeal program shall be given priority.
Official Note: For rules governing children’s fast track
appeals, see Pa.R.A.P. 102 et seq.
Rule 4012. Sanctions for Delayed Transcript.
(A) The president judge may take disciplinary action,
including reassignment, reduction of fees, contempt of
court, or decertification against any court reporter, court
recorder, or transcriptionist who impedes the prompt
administration of justice, whether by protracted delinquency in a single case or by engaging in a pattern of
delinquency in a number of cases.
(B) The failure of a court reporter or transcriptionist to
complete the notes within the time imposed by these
rules or by court order, which delays transmission of the
complete record to the appellate court, interferes with the
reviewing court’s proceedings. The appellate court may
enter an order to compel the preparation, filing and
transmission of the notes and may take disciplinary
action including contempt of court or reduction of fees.
(C) A district court administrator or his or her designee
may cause a transcript to be prepared by another court
reporter or transcriptionist from notes in the event of the
inability, unavailability, or unwillingness of the individual
who took the notes to do so within the time ordered by
the court.
(D) The Court Administrator shall notify the Supreme
Court of Pennsylvania of instances of unreasonable delay
in preparing transcripts. The Court Administrator may
recommend imposition of sanctions, including decertification of individual court reporters or transcriptionists.
(E) The president judge shall ensure that the number,
proficiency and organization of court reporting personnel
in any district are adequate to support the full and
unrestricted operation of the courts. When transcript
delay is caused by an insufficient supply of qualified court
reporters or other staff resources, or inefficient management of the court reporting operation, the Supreme Court
may direct the president judge to take immediate corrective actions.
Rule 4013. Certification of Transcript.
Court reporting personnel who take the notes, record or
transcribe a proceeding shall certify that the transcript of
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proceedings is true and correct and meets the format
specifications established by the Supreme Court of Pennsylvania in Rule 4010. When more than one person was
engaged in the production of the transcript, each shall
certify as to his or her contribution.
Rule 4014. Redaction of Personal Data Identifiers.
(A) On its own motion, or upon motion of any party,
the court may order the court reporter or transcriptionist
preparing the transcript to redact the following personal
data identifiers:
(1) Social Security numbers;
(2) financial institution account identifiers;
(3) dates of birth;
(4) names of minor children;
(5) home addresses and telephone numbers; and
(6) other identifiers as privacy and security may require.
(B) Information that is redacted shall, unless otherwise
directed by the court, appear in transcripts that are
provided to the court and to the parties, but not in any
transcript filed in the appropriate filing office or provided
to any other requestor.
Rule 4015. Ownership of Notes.
Notes of testimony of court proceedings, stenographic
notes, tapes, rough draft transcripts or other media used
by court reporting personnel to record or monitor a
proceeding in or for a court as well as any transcriptions
thereof, are the exclusive property of the judicial district.
Comment
Nothing in these rules prohibits someone who has
lawfully obtained a transcript from making a copy.
Rule 4016. Storage and Retention.
(A) Each judicial district shall make provision for the
archiving, storage and retention of transcribed and
untranscribed notes of testimony, rough draft transcripts,
reporter and recorder log notes, tapes, other electronic or
digital audio files, and any hardware, software, tools or
dictionaries necessary for proper transcription.
(B) Notes of testimony and other materials specified in
subdivision (A) shall be retained in compliance with the
Record Retention and Disposition Schedule with Guidelines adopted by the Supreme Court.
Comment
Each judicial district is responsible for the preservation
of the transcript production materials listed in Rule
4016(A) in a form that guarantees their accuracy, authenticity, and accessibility. These materials must be protected
from loss arising from personnel turnover in the court,
environmental hazards, or unsecured access.
Exhibits admitted into evidence are part of the court
record and must be maintained with the official court
record in the appropriate filing office. Excluded here are
drugs, weapons, and other dangerous materials kept in
secure locations by law enforcement for production on
appeal or for a new trial, or pending forfeiture or
destruction order of the court. Original materials shall
not be maintained in the personal files of court reporting
personnel.
CHAPTER 50. [ UNIFORM RULES GOVERNING
COURT REPORTING AND TRANSCRIPTS ]
(Reserved)
Rules 5000.1—5000.13. (Reserved).
[Pa.B. Doc. No. 14-2609. Filed for public inspection December 19, 2014, 9:00 a.m.]
Title 210—APPELLATE
PROCEDURE
PART I. RULES OF APPELLATE PROCEDURE
[ 210 PA. CODE CH. 15 ]
Order Amending Rule 1513 of the Rules of Appellate Procedure; No. 250 Appellate Procedural
Rules Doc.
Order
Per Curiam
And Now, this 2nd day of December, 2014, upon the
recommendation of the Appellate Court Procedural Rules
Committee; the proposal having been published before
adoption at 44 Pa.B. 2052 (April 5, 2014):
It Is Ordered pursuant to Article V, Section 10 of the
Constitution of Pennsylvania that Pennsylvania Rule of
Appellate Procedure 1513 is amended in the following
form.
This Order shall be processed in accordance with
Pa.R.J.A. No. 103(b), and the amendment herein shall be
effective in 30 days.
Annex A
TITLE 210. APPELLATE PROCEDURE
PART I. RULES OF APPELLATE PROCEDURE
ARTICLE II. APPELLATE PROCEDURE
CHAPTER 15. JUDICIAL REVIEW OF
GOVERNMENTAL DETERMINATIONS
PETITION FOR REVIEW
Rule 1513. Petition for Review.
(a) Caption and parties on appeal. In an appellate
jurisdiction petition for review, the aggrieved party or
person shall be named as the petitioner and, unless the
government unit is disinterested, the government unit
and no one else shall be named as the respondent. If the
government unit is disinterested, all real parties in
interest, and not the government unit, shall be named as
respondents.
(b) Caption and parties in original jurisdiction actions.
The government unit and any other indispensable party
shall be named as respondents. Where a public act or
duty is required to be performed by a government unit, it
is sufficient to name the government unit, and not its
individual members, as respondent.
(c) Form. Any petition for review shall be divided into
consecutively numbered paragraphs. Each paragraph
shall contain, as nearly as possible, a single allegation of
fact or other statement. When petitioner seeks review of
an order refusing to certify an interlocutory order for
immediate appeal, numbered paragraphs need not be
used.
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(d) Content of appellate jurisdiction petition for review.
An appellate jurisdiction petition for review shall contain:
[ (1) ] 1. a statement of the basis for the jurisdiction of
the court;
[ (2) ] 2. the name of the party or person seeking
review;
[ (3) ] 3. the name of the government unit that made
the order or other determination sought to be reviewed;
[ (4) ] 4. reference to the order or other determination
sought to be reviewed, including the date the order or
other determination was entered;
[ (5) ] 5. a general statement of the objections to the
order or other determination[ ; and ], but the omission
of an issue from the statement shall not be the
basis for a finding of waiver if the court is able to
address the issue based on the certified record;
[ (6) ] 6. a short statement of the relief sought[ . A ];
and
7. a copy of the order or other determination to be
reviewed, which shall be attached to the petition for
review as an exhibit. [ The statement of objections
will be deemed to include every subsidiary question
fairly comprised therein. ]
No notice to plead or verification is necessary.
Where there were other parties to the proceedings
conducted by the government unit, and such parties are
not named in the caption of the petition for review, the
petition for review shall also contain a notice to participate, which shall provide substantially as follows:
If you intend to participate in this proceeding in the
(Supreme, Superior or Commonwealth, as appropriate)
Court, you must serve and file a notice of intervention
under [ Rule ] Pa.R.A.P. 1531 of the Pennsylvania Rules
of Appellate Procedure within 30 days.
(e) Content of original jurisdiction petition for review. A
petition for review addressed to an appellate court’s
original jurisdiction shall contain:
[ (1) ] 1. a statement of the basis for the jurisdiction of
the court;
[ (2) ] 2. the name of the person or party seeking
relief;
[ (3) ] 3. the name of the government unit whose
action or inaction is in issue and any other indispensable
party;
[ (4) ] 4. a general statement of the material facts
upon which the cause of action is based [ and ];
[ (5) ] 5. a short statement of the relief sought[ . It
shall also contain ]; and
6. a notice to plead and [ be verified ] verification
either by oath or affirmation or by verified statement.
(f) Alternative objections. Objections to a determination
of a government unit and the related relief sought may be
stated in the alternative, and relief of several different
types may be requested.
Official Note: The 2004 amendments to this rule
clarify what must be included in a petition for review
addressed to an appellate court’s appellate jurisdiction
and what must be included in a petition for review
7829
addressed to an appellate court’s original jurisdiction.
Where it is not readily apparent whether a ‘‘determination’’ (defined in [ Rule ] Pa.R.A.P. 102 as ‘‘[a]ction or
inaction [ of ] by a government unit’’) is reviewable in
the court’s appellate or original jurisdiction, compliance
with the requirements of [ Subdivisions ] paragraphs
(d) and (e) is appropriate.
[ Subdivisions ] Paragraphs (a) and (b) reflect the
provisions of [ Rule 501 (Any Aggrieved Party May
Appeal), Rule 503 (Description of Public Officers) ]
Pa.R.A.P. 501, Pa.R.A.P. 503, Section 702 of the Administrative Agency Law, 2 Pa.C.S. § 702 (Appeals), and
Pa.R.C.P. No. 1094 (regarding parties defendant in mandamus actions).
Government units that are usually disinterested in
appellate jurisdiction petitions for review of their determinations include:
• the Board of Claims,
• the Department of Education (with regard to teacher
tenure appeals from local school districts pursuant to
section 1132 of the Public School Code of 1949, 24 P. S.
§ 11-1132),
• the Environmental Hearing Board,
• the State Charter School Appeal Board,
• the State Civil Service Commission, and
• the Workers’ Compensation Appeal Board.
The provision for joinder of indispensable parties in
original jurisdiction actions reflects the last sentence of
section 761(c) of the Judicial Code, 42 Pa.C.S. § 761(c),
providing for the implementation of ancillary jurisdiction
of the Commonwealth Court by general rule.
[ Subdivisions ] Paragraphs (d) and (e) reflect the
differences in proceeding in a court’s original and appellate jurisdiction, while preserving the need for sufficient
specificity to permit the conversion of an appellate document to an original jurisdiction pleading and vice versa
should such action be necessary to assure proper judicial
disposition. See also the notes to [ Rules ] Pa.R.A.P.
1501 and 1502. [ The paragraph regarding the notice
to participate was formerly found in Rule 1514(c).
Explanatory Comment—1979
The note is expanded to reflect the fact that the
Department of Education does not defend its decisions in teacher tenure appeals from local school
districts.
Explanatory Comment—2011
With respect to the general statement of objections in an appellate jurisdiction petition for review required in subdivision (d)(5), see Maher v.
Unemployment Comp. Bd. of Review, 983 A.2d 1264,
1266 (Pa. Cmwlth. 2009). ]
Official Note—2014
The 2014 amendments to Pa.R.A.P. 1513(d) relating to the general statement of objections in an
appellate jurisdiction petition for review are intended to preclude a finding of waiver if the court
is able, based on the certified record, to address an
issue not within the issues stated in the petition for
review but included in the statement of questions
involved and argued in a brief. The amendment
neither expands the scope of issues that may be
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addressed in an appellate jurisdiction petition for
review beyond those permitted in Pa.R.A.P. 1551(a)
nor affects Pa.R.A.P. 2116’s requirement that ‘‘[ n ]o
question will be considered unless it is stated in the
statement of questions involved [ in appellant’s
brief ] or is fairly suggested thereby.’’
[Pa.B. Doc. No. 14-2610. Filed for public inspection December 19, 2014, 9:00 a.m.]
Title 234—RULES OF
CRIMINAL PROCEDURE
[ 234 PA. CODE CH. 5 ]
Order Amending Rules 528 and 535 of the Rules of
Criminal Procedure; No. 457 Criminal Procedural
Rules Doc.
Order
Per Curiam
And Now, this 8th day of December, 2014, upon the
recommendation of the Criminal Procedural Rules Committee; the proposal having been published before adoption at 42 Pa.B. 6252 (October 6, 2012) and 44 Pa.B. 778
(February 8, 2014), in the Atlantic Reporter (Third Series
Advance Sheets, Vol. 81), and a Final Report to be
published with this Order:
It Is Ordered pursuant to Article V, Section 10 of the
Constitution of Pennsylvania that the amendments to
Pennsylvania Rules of Criminal Procedure 528 and 535
are adopted in the following form.
This Order shall be processed in accordance with
Pa.R.J.A. No. 103(b), and shall be effective February 9,
2015.
Annex A
TITLE 234. RULES OF CRIMINAL PROCEDURE
CHAPTER 5. PRETRIAL PROCEDURES IN COURT
CASES
PART C(1). Release Procedures
Rule 528. Monetary Condition of Release on Bail.
(A) If the bail authority determines that it is necessary
to impose a monetary condition of bail, to determine the
amount of the monetary condition, the bail authority
shall consider:
(1) the release criteria set forth in Rule 523; and
(2) the financial ability of the defendant.
(B) The amount of the monetary condition shall be
reasonable.
(C) After determining the amount of the monetary
condition, the bail authority may permit the deposit of a
sum of money not to exceed [ 10 ] 10% of the full amount
of the monetary condition if he or she determines that
such a deposit is sufficient to ensure the defendant’s
appearance and compliance.
(D) One or a combination of the following forms of
security shall be accepted to satisfy the full amount of the
monetary condition:
(1) Cash or when permitted by the local court a cash
equivalent.
(2) Bearer bonds of the United States Government, of
the Commonwealth of Pennsylvania, or of any political
subdivision of the Commonwealth, in the full amount of
the monetary condition, provided that the defendant or
the surety files with the bearer bond a sworn schedule
which shall verify the value and marketability of such
bonds, and which shall be approved by the bail authority.
(3) Realty located anywhere within the Commonwealth,
including realty of the defendant, as long as the actual
net value is at least equal to the full amount of the
monetary condition. The actual net value of the property
may be established by considering, for example, the cost,
encumbrances, and assessed value, or another valuation
formula provided by statute, ordinance, or local rule of
court. Realty held in joint tenancy or tenancy by the
entirety may be accepted provided all joint tenants or
tenants by the entirety execute the bond.
(4) Realty located anywhere outside of the Commonwealth but within the United States, provided that the
person(s) posting such realty shall comply with all reasonable conditions designed to perfect the lien of the
county in which the prosecution is pending.
(5) The surety bond of a professional bondsman licensed under the Judicial Code, 42 Pa.C.S. §§ 5741—
5749, or of a surety company authorized to do business in
the Commonwealth of Pennsylvania.
(E) The bail authority shall record on the bail bond the
amount of the monetary condition imposed and the form
of security that is posted by the defendant or by an
individual acting on behalf of the defendant or acting as a
surety for the defendant.
(F) Except as limited in Rule 531, the defendant
or another person may deposit the cash percentage
of the bail. If the defendant posts the money, the
defendant shall sign the bond, thereby becoming
his or her own surety, and is liable for the full
amount of bail if he or she fails to appear or to
comply. When a person other than the defendant
deposits the cash percentage of the bail, the clerk
of courts or issuing authority shall explain and
provide written notice to that person that:
1) if the person agrees to act as a surety and
signs the bail bond with the defendant, the person
shall be liable for the full amount of bail if the
defendant fails to appear or comply; or
2) if the person does not wish to be liable for the
full amount of bail, the person shall be permitted to
deposit the money for the defendant to post, and
will relinquish the right to make a subsequent
claim for the return of the money pursuant to these
rules. In this case, the defendant would be deemed
the depositor, and only the defendant would sign
the bond and be liable for the full amount of bail.
3) Pursuant to Rule 535(E), if the bail was deposited by or on behalf of the defendant and the
defendant is the named depositor, the amount otherwise returnable to the defendant may be used to
pay and satisfy any outstanding restitution, fees,
fines, and costs owed by the defendant as a result
of a sentence imposed in the court case for which
the deposit is being made.
Comment
Nothing in this rule precludes the bail authority from
releasing the defendant on an unsecured bail bond
whereby the defendant, upon executing the bail bond,
binds himself or herself to be liable for an amount of
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money in the event the defendant fails to appear or to
comply with the conditions of the bail bond. Although this
is a monetary condition, no actual security or money is
deposited as a condition of the release. See Rule 524(C)(3)
for the definition of unsecured bail bond.
The bail authority may impose a monetary condition in
addition to nonmonetary conditions if a combination of
such conditions is necessary to reasonably ensure the
defendant’s appearance and compliance. For example, a
defendant could be released conditioned upon posting a
certain amount of money and subject to the supervision of
a designated probation department or bail agency, or a
designated person or private organization. The supervisor
would maintain close contact with the defendant, assist
the defendant in making arrangements to appear in
court, and, if appropriate, accompany the defendant to
court. In addition, the bail authority could require that
the supervisor also be a surety for the full amount of the
monetary condition so that the supervisor would be
financially responsible if the defendant failed to appear.
Paragraph (C) requires that in all cases, the bail
authority must consider whether a defendant should be
permitted to deposit a percentage of the cash bail.
Nothing in this rule changes the practice of permitting
the judicial districts to require by local rule the use of
percentage cash bail.
When the bail authority determines that it is appropriate to accept a percentage of the cash bail, the defendant,
or an individual acting on behalf of the defendant or
acting as a surety for the defendant, may make the
deposit with the clerk of courts or the issuing authority.
See Rule 535.
When the bail authority authorizes the deposit of a
percentage of the cash bail, the defendant may satisfy the
monetary condition by depositing, or having an individual
acting as a surety on behalf of the defendant deposit, the
full amount of the monetary condition. For example, there
may be cases in which the defendant does not have the
cash to satisfy the percentage cash bail, but has some
other form of security, such as realty. In such a case, the
defendant must be permitted to execute a bail bond for
the full amount of the monetary condition and deposit one
of the forms or a combination of the forms set forth in
paragraph (D).
If a percentage of the cash bail is accepted pursuant to
these rules, when the funds are returned at the conclusion of the defendant’s bail period, the court or bail
agency may retain as a fee an amount reasonably related
to the cost of administering the cash bail program. See
Schilb v. Kuebel, 404 U.S. 357 (1971).
[ Except as limited in Rule 531 (Qualification of
Surety), the defendant or another person, such as a
relative or neighbor, may deposit the cash percentage of the bail. If the defendant posts the money,
the defendant must sign the bond, thereby becoming his or her own surety, and is liable for the full
amount of bail if he or she fails to appear or to
comply. When someone other than the defendant
deposits the cash percentage of the bail, the clerk
of courts or issuing authority must explain to that
person that:
1) if the person agrees to act as a surety and
signs the bail bond with the defendant, the person
will be liable for the full amount of bail if the
defendant fails to appear or comply; or
7831
2) if the person does not wish to be liable for the
full amount of bail, the person will be permitted to
deposit the money for the defendant to post, and
will relinquish the right to make a subsequent
claim for the return of the money pursuant to these
rules. In this case, the defendant would be deemed
the depositor, and only the defendant would sign
the bond and be liable for the full amount of bail.
See Rule 535. ]
Paragraph (F), which formerly was included in
the Comment, was added to the rule in 2014 to
clarify the manner in which the defendant or a
third party may act as a surety for the defendant’s
bond. The rule now requires that written notice be
given to the person posting the bail, especially a
third party, of the possible consequences if the
defendant receives a sentence that includes restitution, a fine, fees, and costs. See also Rule 535 for the
procedures for retaining bail money for satisfaction
of outstanding restitution, fines, fees, and costs.
The defendant must be permitted to substitute the
form(s) of security deposited as provided in Rule 532.
The method of valuation when realty is offered to
satisfy the monetary condition pursuant to paragraphs
(D)(3) and (D)(4) is determined at the local level. If no
satisfactory basis exists for valuing particular tracts of
offered realty, especially tracts located in remote areas,
acceptance of that realty is not required by this rule.
Official Note: Former Rule 4007 adopted July 23,
1973, effective 60 days hence, replacing prior Rule 4013;
amended January 28, 1983, effective July 1, 1983; rescinded September 13, 1995, effective January 1, 1996,
and replaced by Rule 4011. Present Rule 4007 adopted
September 13, 1995, effective January 1, 1996. The
January 1, 1996 effective dates extended to April 1, 1996;
the April 1, 1996 effective dates extended to July 1, 1996;
renumbered Rule 528 and amended March 1, 2000,
effective April 1, 2001; amended September 21, 2012,
effective November 1, 2012; amended December 8,
2014, effective February 9, 2015.
Committee Explanatory Reports:
*
*
*
*
*
Final Report explaining the December 8, 2014
amendment providing for the advice required to be
given concerning possible forfeiture of the deposit
published with the Court’s Order 44 Pa.B. 7833
(December 20, 2014).
PART C(2). General Procedures in all Bail Cases
Rule 535. Receipt for Deposit; Return or Retention of
Deposit.
(A) Any deposit of cash in satisfaction of a monetary
condition of bail shall be given to the issuing authority,
the clerk of courts, or another official designated by the
president judge by local rule pursuant to Rule 117(C). The
issuing authority, clerk, or other official who accepts the
deposit shall give the depositor an itemized receipt, and
shall note on the bail bond the amount deposited and the
name of the person who made the deposit. The defendant
shall sign the bail bond, and be given a copy of the signed
bail bond.
(1) When the issuing authority accepts a deposit of
bail, the issuing authority shall note on the docket
transcript the amount deposited and the name of the
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person who made the deposit. The issuing authority shall
have the deposit, the docket transcript, and a copy of the
bail bond delivered to the clerk of courts.
(2) When another official is designated by the president
judge to accept a bail deposit, that official shall deliver
the deposit and the bail bond to either the issuing
authority, who shall proceed as provided in paragraph
(A)(1), or the clerk of courts, who shall proceed as
provided in paragraph (A)(3).
(3) When the clerk of courts accepts the deposit, the
clerk shall note in the list of docket entries the amount
deposited and the name of the person who made the
deposit, and shall place the bail bond in the criminal case
file.
[ (4) At the time bail is being deposited, no inquiry shall be made of the depositor whether he or
she consents to have the deposit retained to be
applied toward the defendant’s fines, costs, or restitution, if any. ]
(B) When the deposit is the percentage cash bail
authorized by Rule 528, the depositor shall be notified
that by signing the bail bond, the depositor becomes a
surety for the defendant and is liable for the full amount
of the monetary condition in the event the defendant fails
to appear or comply as required by these rules and that,
if the defendant is the named depositor, the amount
otherwise returnable may be used to pay and satisfy any outstanding restitution, fees, fines, and
costs owed by the defendant as a result of a
sentence imposed in the court case for which the
deposit is being made.
(C) The clerk of courts shall place all cash bail deposits
in a bank or other depository approved by the court and
shall keep records of all deposits.
(D) [ Within ] Unless a motion is filed pursuant to
paragraph (E), within 20 days of the full and final
disposition of the case, the deposit shall be returned to
the depositor, less any bail-related fees or commissions
authorized by law, and the reasonable costs, if any, of
administering the percentage cash bail program.
(E) In any case in which the defendant is the
named depositor, upon the full and final disposition
of the case, the court may order, upon motion of the
attorney for the Commonwealth, that any money
deposited pursuant to this rule by or on behalf of
the defendant that is otherwise returnable to the
defendant be held and applied to the payment of
any restitution, fees, fines, and costs imposed upon
the defendant in the case for which the deposit had
been made, unless the defendant shows that he or
she would suffer an undue hardship.
[ (E) ] (F) When a case is transferred pursuant to Rule
130(B) or Rule 555, the full deposit shall be promptly
forwarded to the transfer judicial district, together with
any bail-related fees, commissions, or costs paid by the
depositor.
Comment
When the president judge has designated another
official to accept the bail deposit as provided in Rule 117,
the other official’s authority under Rule 117 and this rule
is limited to accepting the deposit, having the defendant
sign the bail bond, releasing the defendant, and deliver-
ing the bail deposit and bail bond to the issuing authority
or the clerk of courts.
[ Paragraph (A) was amended in 2006 to make it
clear that the clerk of courts or other official
accepting a deposit of cash bail is not permitted to
request that the depositor agree to have the cash
bail deposit retained after the full and final disposition of the case to be applied toward the payment
of the defendant’s fines, costs, or restitution, if any.
See, e.g., Commonwealth v. McDonald, 476 Pa. 217,
382 A.2d 124 (1978), which held that a deposit of
cash to satisfy a defendant’s monetary bail condition that is made by a person acting as a surety for
the defendant may not be retained to pay for the
defendant’s court costs and/or fines. ]
Paragraph (E) was added in 2014 to permit the
attorney for the Commonwealth to seek, at the full
and final disposition of any case in which the
defendant is the named depositor of bail money, to
have the deposited bail money applied to any restitution, fees, fines, and costs imposed on the defendant in the case for which the deposit had been
made. This new provision, adopted pursuant to the
authority granted in 42 Pa.C.S. § 5702, is a procedural mechanism by which the court may retain
money previously deposited with the court to satisfy the defendant’s obligations but only in the
current criminal case. This procedure also secures
the right of the defendant to proffer reasons why
retention of the bail money would be an undue
hardship. See Commonwealth v. McDonald, 382 A.2d
124 (Pa. 1978).
The procedure stated in this rule is the only
procedure by which bail may be retained to pay for
assessments imposed on the defendant. Any local
practice that permits the retention of bail other
than as provided in this rule is inconsistent with
the statewide rules and subject to the provisions in
Rule 105(B).
For the manner of distribution of any funds
applied to the outstanding restitution, fees, fines,
and costs owed by the defendant, see the Pennsylvania Supreme Court’s Uniform Disbursement
Schedule, In Re: Promulgation of Financial Regulations Pursuant to Act 49 of 2009 (42 Pa.C.S.
§§ 3733(A.1) and 3733.1), No. 335 Judicial Administration Docket (October 29, 2009), 204 Pa. Code
§ 29.353.
The procedures in paragraph (E) contemplate the
decision to retain the bail to be made at the court
of common pleas. There may be court cases in
which bail had been set that are resolved at the
magisterial district court, for example, in cases in
which a plea agreement is entered to withdraw
misdemeanor or felony charges in exchange for a
plea to summary charges or misdemeanor charges
within the jurisdiction of the magisterial district
judge. In such cases, the magisterial district judge
may not order the retention of bail money where
the defendant is the named depositor for the payment of assessments unless the Commonwealth and
the defendant agree.
Any order issued pursuant to paragraph (E) shall
be in conformance with Rule 114.
Given the complexities of posting real estate to satisfy a
monetary condition of release, posting of real estate may
not be feasible outside the normal business hours.
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Paragraph (B) requires the issuing authority or the
clerk of courts who accepts a percentage cash bail deposit
to explain to the person who deposits the money the
consequences of acting as a surety. There will be cases in
which a person merely deposits the money for the defendant to post, and is not acting as the defendant’s surety.
In this situation, the defendant is the depositor and
should receive the receipt pursuant to paragraph (A). See
Rule 528. See also Rule 528 for the notice the clerk
of courts or issuing authority must provide when a
person other than the defendant deposits the cash
percentage of the bail.
When cash bail that is deposited in a bank pursuant to
paragraph (C) is retained by a county in an interestbearing account, case law provides that the county retains the earned interest. See Crum v. Burd, [ 131
Pa.Cmwlth. 550, ] 571 A.2d 1 (Pa.Cmwlth. 1989), allocatur denied [ 525 Pa. 649, ] 581 A.2d 574 (Pa. 1990).
The full and final disposition of a case includes all
avenues of direct appeal in the state courts. Therefore,
the return of any deposits would not be required until
after either the expiration of the appeal period or, if an
appeal is taken, after disposition of the appeal. See Rule
534.
Any fees, commissions, or costs assessed pursuant to
paragraph (D) must be reasonably related to the county’s
actual bail administration costs. Each county should
establish local procedures to ensure adequate notice and
uniform application of such fees, commissions, or costs.
See, e.g., Buckland v. County of Montgomery, 812 F.2d 146
(3rd Cir. 1987).
When a case is transferred pursuant to Rules 130(B)
and 555, paragraph [ (E) ] (F) and Rules 130(B) and 555
require that any bail-related fees, commissions, or costs
collected pursuant to paragraph (D) be forwarded to the
transfer judicial district. Fees, commissions, or costs that
have been assessed but not paid at the time of transfer
may not be collected in the transferring judicial district.
When bail is terminated upon acceptance of the defendant into an ARD program, such action constitutes a ‘‘full
and final disposition’’ for purposes of this rule and Rule
534 (Duration of Obligation). See Rule 313.
Official Note: Former Rule 4015, previously Rule
4009, adopted November 22, 1965, effective June 1, 1966;
renumbered Rule 4015, former paragraph (b) integrated
into paragraph (a) and new paragraph (b) adopted July
23, 1973, effective 60 days hence; rescinded September
13, 1995, effective January 1, 1996, and replaced by
present Rule 4015. Present Rule 4015 adopted September
13, 1995, effective January 1, 1996. The January 1, 1996
effective dates extended to April 1, 1996; the April 1, 1996
effective dates extended to July 1, 1996; renumbered Rule
535 and amended March 1, 2000, effective April 1, 2001;
amended April 20, 2000, effective July 1, 2000; amended
March 3, 2004, effective July 1, 2004; amended June 30,
2005, effective August 1, 2006; amended March 9, 2006,
effective August 1, 2006; amended December 8, 2014,
effective February 9, 2015.
Committee Explanatory Reports:
*
*
*
*
*
7833
Final Report explaining the December 8, 2014
changes concerning defendant’s deposits of bail to
be applied to restitution, fees, fines, and costs in
the current case published with the Court’s Order
44 Pa.B. 7833 (December 20, 2014).
FINAL REPORT1
Proposed Amendments to Pa.Rs.Crim.P. 528 and 535
Use of Bail Money for Payment of Restitution, Fees,
Fines, and Costs
On December 8, 2014, effective February 9, 2015, upon
the recommendation of the Criminal Procedural Rules
Committee, the Court amended Rule 528 (Monetary
Condition for Release of Bail) and Rule 535 (Receipt for
Deposit; Return of Deposit) to provide (1) procedures for
applying bail monies that would be returnable to the
defendant after full and final disposition of the case to
the defendant’s outstanding restitution, court fees, fine,
and costs in the current case and (2) notice to depositors
to warn of the possibility of the loss of security deposited.
The Committee had examined procedures that would
permit retention of a defendant’s bail money that otherwise would be returnable to the defendant after full and
final disposition of the case in order for it to be applied to
the defendant’s outstanding restitution, court fees, fine,
and costs. The Rules of Criminal Procedure traditionally
have precluded directly applying bail money in this
manner, based on the concept that the purpose of bail is
to ensure the presence of the defendant during the
pendency of the case and not to obtain a ‘‘deposit’’ on
future assessments. However, the Committee concluded
that a change that would permit the retention of returnable bail money to satisfy a defendant’s existing obligations to the court is a valid exercise of the rule-making
authority. In addition, such a change is a potentially
useful tool for the more efficient collection of owed
moneys, including restitution, reducing collection costs for
the court and even for the defendant who would otherwise face additional costs where the court is forced to
seek collections processes.
In reaching this conclusion, the first question that the
Committee had considered was whether distribution of
bail money in this manner fell within the purview of the
Rules of Criminal Procedures. As part of this review, the
Committee examined the current law in Pennsylvania on
the return of bail, as well as the practice in other
jurisdictions with regard to this question.
Under the common law, the purpose of bail was to
ensure the appearance of the defendant and courts did
not have the inherent power to apply bail money for
another purpose. In terms of constitutional concerns, the
Eight Amendment of U.S. Constitution prohibits excessive
bail. A U.S. Supreme Court case, Cohen v. United States,
7 L.Ed. 518, 82 S.Ct. 526 (1962), held that conditioning
bail on the payment of a fine is excessive and in violation
of the Eighth Amendment.
Several decades after the Cohen decision, a federal
statute, 28 U.S.C. § 2044, was adopted that permitted
the use of deposited bail money to be applied to a
defendant’s costs, fines, restitution and other assessments. Constitutional challenges to this provision have
been rejected because, unlike the Cohen case, Section
2044 does not precondition bail on the payment of any
fine but rather is a procedural mechanism by which the
court, after the defendant has appeared and the purpose
1
The Committee’s Final Reports should not be confused with the official Committee
Comments to the rules. Also note that the Supreme Court does not adopt the
Committee’s Comments or the contents of the Committee’s explanatory Final Reports.
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
7834
THE COURTS
of bail has been served, may disburse deposited money to
those with claims on the funds. See United States v.
Higgins, 987 F.2d 543 (1993).
The Committee’s research revealed that, in many
states, courts have allowed the application of bail to fines
or costs. Numerous states also have adopted statutes
authorizing this practice. See, e.g., California Penal Code
§ 1297, Florida Statutes Annotated § 903.286, Illinois
Complied Statutes § 5/110-7(f), Minnesota Statutes Annotated § 629.53, Nevada Revised Statutes § 178.522, New
York Criminal Procedure Law § 420.10(1)(e), Tennessee
Code § 40-11-121, Wisconsin Statutes § 969.03(4). In
instances where specific statutory authority existed,
courts have been inclined to allow the application of the
bail to fines or costs. For example, in State v. Iglesias, 185
Wis. 2d 118, 517 N.W.2d 175 (1990), cert. den. 513 U.S.
1045 (1994), the Wisconsin Supreme Court found that
bail is not excessive if it is used for a purpose which the
legislature has deemed to be a compelling state interest
and the amount is not excessive relative to the interest
sought to be furthered.
Rather uniquely, Pennsylvania’s Bail Statute delegates
all authority over bail to the Supreme Court through its
rule-making authority. Section 5702 of the Judicial Code,
42 Pa.C.S. § 5702, provides:
Except as otherwise provided by this title and the
laws relating to the regulation of surety companies,
all matters relating to the fixing, posting, forfeiting,
exoneration and distribution of bail and recognizances shall be governed by general rules.
While there are no Pennsylvania cases addressing the
propriety of retaining returnable bail money for payment
of fines, costs, or restitution, there have been a few cases
that dealt with certain aspects of this issue, usually
involving cases in which third parties were seeking the
return of money they had posted on behalf of a defendant.
For example, in Commonwealth v. McDonald, 476 Pa.
217, 382 A.2d 124 (1978), the Court held that the trial
court erred in refusing to return the bail deposit after the
defendant was taken into custody after allegedly committing a new offense, concluding that the bail was revoked
when the defendant was placed in custody, and the trial
court no longer had the authority to retain it. The Court
specifically reserved judgment on the question of
‘‘whether and to what extent the Rules of Criminal
Procedure allow bail deposits to be applied to the collection of fines imposed upon the defendant.’’ FN. 5, 476 Pa.
at 222, 382 A.2d. at 126.
emption for third party sureties and for cases in which
the defendant would suffer an undue hardship were to be
more explicitly stated and fuller notice be provided to the
depositor of the potential loss of the deposit.
The amendments therefore now afford enhanced protection to third party depositors by requiring detailed notice
that the bail authority must provide to depositors to warn
them of the possibility of the loss of security deposited if
they allow the defendant to be the named depositor. Rule
528 has been amended to move into the rule text the
language currently in the Comment that describes the
manner by which a depositor may be named and the
consequences for a third party of allowing the defendant
to be named depositor when the third party has supplied
the bail money, including the possibility of the money
being applied to assessments. This notice requirement is
reiterated in Rule 535(B).
Additionally, a new paragraph (E) has been added to
Rule 535 that establishes the procedures for retaining the
bail money. A motion by the attorney for the Commonwealth is required before the bail money can be retained
and can only be retained for the payment of assessments
placed on the case for which the money had originally
been deposited with the defendant being the named
depositor. The paragraph also contains the exemption
when the defendant shows that retention of the bail
money would be a hardship.
Additionally, the current paragraph (A)(4) of Rule 535
that prohibits inquiring whether the defendant consents
to applying deposited bail money towards fines, costs, etc.
has been removed because the defendant’s consent to
having the bail money retained is no longer needed if the
defendant was the named depositor and third party
depositors are to be provided with more detailed notice of
the potential consequences.
The Comment to Rule 535 has been revised to describe
the rationale and basis for this change as well as
cross-referencing the Court’s Uniform Disbursement
Schedule that details the manner in which the retained
money would be dispersed. The Comment also states that
the new procedures would not apply to cases before a
magisterial district judge unless the parties agree.
There was a concern raised by the Committee that
some counties may be retaining bail presently, despite
being contrary to the rules, so language has been added
in the Rule 535 Comment that any local practice that
varies from that in Rule 535 is inconsistent with the
statewide rules.
[Pa.B. Doc. No. 14-2611. Filed for public inspection December 19, 2014, 9:00 a.m.]
Based on the foregoing analysis, the Committee initially developed a proposal, which was published for
comment at 42 Pa.B. 6253 (October 6, 2012), that would
have amended Rule 535 and revised the Comment to Rule
528 to permit the clerk of courts to automatically apply
any bail monies that otherwise would be returnable to the
defendant after full and final disposition of the case to
any of the defendant’s outstanding restitution, court fees,
fines, costs, and bail judgments. The proposal would have
been limited to only money that has been deposited by
the defendant and would have permitted relief where its
application would work a hardship on the defendant.
BUCKS COUNTY
Mortgage Foreclosure Diversion Program; Administrative Order No. 55
Following publication of this proposal, the Committee
received further direction from the Supreme Court of
Pennsylvania to narrow the scope of the proposal by
requiring the prosecution to make a motion for holding
deposited funds for payment of outstanding restitution,
fees, fines, and costs assessed in the case for which the
deposit had originally been made. Additionally, the ex-
And Now, this 2nd day of December, 2014, Paragraph 7
of Bucks County Civil Division Administrative Order No.
55, promulgated on June 5, 2009, is hereby amended to
read as follows:
7. This Order shall remain in effect until December 31,
2015, unless further extended by the Court.
Title 255—LOCAL
COURT RULES
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
THE COURTS
This Amendment shall take effect thirty days from the
date of publication in the Pennsylvania Bulletin.
By the Court
7835
recommendation for the placement of the voting districts
within Ward 4 of the City of Erie.
Said Magisterial Districts shall be as follows:
JEFFREY L. FINLEY,
President Judge
Magisterial District 06-1-01
Magisterial District Judge
Suzanne C. Mack
Magisterial District 06-1-02
Magisterial District Judge
Paul G. Urbaniak
Magisterial District 06-1-03
Magisterial District Judge
Thomas Carney
Magisterial District 06-1-04
Magisterial District Judge
Joseph R. Lefaiver
Magisterial District 06-1-05
Magisterial District Judge
Dominick D. DiPaolo
Magisterial District 06-2-02
Magisterial District Judge
Paul Manzi
City of Erie (Ward 1)
Magisterial District 06-2-04
Magisterial District Judge
Brenda A. Nichols
City of Corry
Elgin Borough
Union City Borough
Amity Township
Concord Township
Union Township
Wayne Township
Magisterial District 06-3-01
Magisterial District Judge
Mark R. Krahe
Wesleyville Borough
Harborcreek Township
Lawrence Park Township
SUPREME COURT
Magisterial District 06-3-02
Magisterial District Judge
Scott D. Hammer
North East Borough
Greenfield Township
North East Township
Reestablishment of the Magisterial Districts within
the 6th Judicial District; No. 378 Magisterial
Rules Doc.
Magisterial District 06-3-03
Magisterial District Judge
Susan D. Strohmeyer
Wattsburg Borough
Greene Township
Millcreek Township (Voting
Districts 1, 2, 11, 12, 18,
19, 20, and 21)
Venango Township
Magisterial District 06-3-05
Magisterial District Judge
Brian M. McGowan
Mill Village Borough
Waterford Borough
Le Boeuf Township
Summit Township
Waterford Township
Magisterial District 06-3-06
Magisterial District Judge
Denise M. Stuck-Lewis
Edinboro Borough
McKean Borough
Fairview Township
Franklin Township
McKean Township
Magisterial District 06-3-08
Magisterial District Judge
Christopher K.
MacKendrick
Albion Borough
Cranesville Borough
Girard Borough
Lake City Borough
Platea Borough
Conneaut Township
Elk Creek Township
Girard Township
Springfield Township
[Pa.B. Doc. No. 14-2612. Filed for public inspection December 19, 2014, 9:00 a.m.]
SUPREME COURT
Reaccreditation of the National Elder Law Foundation as a Certifying Organization; No. 131 Disciplinary Rules Doc.
Order
Per Curiam
And Now, this 2nd day of December, 2014, upon the
recommendation of the Pennsylvania Bar Association
Review and Certifying Board, the National Elder Law
Foundation is hereby reaccredited as a certifying organization in the area of Elder Law for a period of five years
commencing January 26, 2015.
[Pa.B. Doc. No. 14-2613. Filed for public inspection December 19, 2014, 9:00 a.m.]
Order
Per Curiam
And Now, this 3rd day of December 2014, upon consideration of the Petition to Reestablish the Magisterial
Districts of the 6th Judicial District (Erie County) of the
Commonwealth of Pennsylvania, it is hereby Ordered and
Decreed that the Petition, which provides for the elimination of Magisterial Districts 06-2-01 and 6-3-04 within
Erie County, to be effective January 3, 2016, is granted;
and that the Petition, which provides for the realignment
of Magisterial Districts 06-1-01, 06-1-03, and 06-2-04,
within Erie County, to be effective January 3, 2016, is
granted; and that the Petition, which provides for the
realignment of Magisterial District 06-3-01, within Erie
County, to be effective January 3, 2016, is granted; and
that the Petition, which also provides for the reestablishment of Magisterial Districts 06-1-02, 06-1-04, 06-1-05,
06-2-02, 06-3-01, 06-3-02, 06-3-03, 06-3-05, 06-3-06 and
06-3-08, within Erie County, to be effective immediately,
is granted. The President Judge of Erie County shall
provide to this Court no later than September 1, 2015 a
City of Erie (Ward 2)
City of Erie (Ward 3)
City of Erie (Ward 5)
City of Erie (Ward 6)
Millcreek Township (Voting
Districts 3—10, 13—17,
and 22—24)
[Pa.B. Doc. No. 14-2614. Filed for public inspection December 19, 2014, 9:00 a.m.]
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
7836
THE COURTS
SUPREME COURT
SUPREME COURT
Reestablishment of the Magisterial Districts within
the 11th Judicial District; No. 313 Magisterial
Rules Doc.
Reestablishment of the Magisterial Districts within
the 28th Judicial District; No. 340 Magisterial
Rules Doc.
Amended Order
Amended Order
And Now, this 29th day of November 2014, the Order
dated February 25, 2013, that Reestablished the Magisterial Districts of the 11th Judicial District (Luzerne
County) of the Commonwealth of Pennsylvania, is hereby
Amended as follows: The elimination of Magisterial District 11-3-05 and the realignment of Magisterial Districts
11-3-01, 11-3-03, and 11-3-06 shall be effective December
1, 2014. The Order of February 25, 2013, shall remain in
effect in all other respects.
RONALD D. CASTILLE,
Chief Justice of Pennsylvania
And Now, this 29th day of November, 2014, the Order
dated April 23, 2013, and Amended Orders dated July 3,
2013, and January 6, 2014, that Reestablished the Magisterial Districts of the 28th Judicial District (Venango
County) of the Commonwealth of Pennsylvania, are
hereby Amended as follows: Magisterial District 28-3-04,
shall not be eliminated. Magisterial District 28-3-02, shall
be eliminated and Magisterial Districts 28-3-01 and 283-04 realigned effective January 1, 2015. The Orders of
April 23, 2013, July 3, 2013, and January 6, 2014, shall
remain in effect in all other respects.
RONALD D. CASTILLE,
Chief Justice of Pennsylvania
[Pa.B. Doc. No. 14-2615. Filed for public inspection December 19, 2014, 9:00 a.m.]
[Pa.B. Doc. No. 14-2616. Filed for public inspection December 19, 2014, 9:00 a.m.]
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
7837
RULES AND REGULATIONS
Title 34—LABOR AND
INDUSTRY
DEPARTMENT OF LABOR AND INDUSTRY
[ 34 PA. CODE CHS. 111 AND 131 ]
Special Rules of Administrative Practice and Procedure before the Workers’ Compensation Appeal Board and Workers’ Compensation Judges
The Department of Labor and Industry (Department),
Workers’ Compensation Appeal Board (Board) and Office
of Adjudication (Office), amends Chapters 111 and 131
(relating to special rules of administrative practice and
procedure before the Workers’ Compensation Appeal
Board; and special rules of administrative practice and
procedure before workers’ compensation judges) to provide additional guidance for the litigation of matters
before the Board, the Office and workers’ compensation
judges (judges), and to refine the regulations governing
practices and procedures before the Board, the Office and
judges.
Statutory Authority
This final-form rulemaking is adopted under the authority in sections 401.1, 435(a) and (c) and 1608 of the
Workers’ Compensation Act (act) (77 P. S. §§ 710, 991(a)
and (c) and 2708), section 2205 of The Administrative
Code of 1929 (71 P. S. § 565) and section 414 of The
Pennsylvania Occupational Disease Act (77 P. S. § 1514).
Background
In 1980, the Secretary of the Department established a
Rules Committee (Committee) to develop rules and procedures for the workers’ compensation system. The Committee is comprised of Board representatives, judges, equal
numbers of representatives of the claimant and defense
bar, and Department representatives. From time to time,
this Committee reconvenes to review Chapters 111 and
131 and to consider whether amendments are necessary
in light of changes in existing workers’ compensation law,
practice or procedures.
Chapters 111 and 131 have been amended in 1989,
1991, 2002 and 2009. Most recently, the Committee
reconvened on November 18, 2011, for the purpose of
reviewing Chapters 111 and 131 in light of recent appellate decisions and the advent of the Department’s new
computer system, Workers’ Compensation Automation
and Information System (WCAIS). The Committee also
considered comments received from various stakeholders
since the last amendments took effect in 2009. Additionally, the Committee discussed the need for rules to
address issues raised by the creation of the Uninsured
Employers Guaranty Fund (UEGF) in 2007.
After several meetings between 2011 and 2012, the
Committee created a draft proposed rulemaking. In fall
2012, the draft was widely circulated throughout the
workers’ compensation community for the purpose of
receiving additional comment. The Committee conducted
interactive meetings with various groups, including the
Pennsylvania Bar Association at the Workers’ Compensation Fall Section Meeting, the Philadelphia Bar Association, the Allegheny County Bar Association and the
Lancaster County Bar Association to discuss the proposed
changes and solicit comments. Additionally, the Commit-
tee presented the suggested amendments to the Pennsylvania Self-Insurers Association and the Workers’ Compensation Advisory Council.
Several Committee meetings were conducted for the
purpose of reviewing the suggestions and revising the
proposed changes, after which the Committee voted on
and approved proposed revisions to Chapters 111 and 131
on May 2, 2013. Thereafter, a proposed rulemaking was
published at 44 Pa.B. 996 (February 22, 2014). As a
result, the Department received written comments from
the following: Thomas C. Lowry, Esq.; Workers’ Compensation Judge Geoffrey L. Seacrist; Samuel R. Marshall,
Esq. (on behalf of The Insurance Federation of Pennsylvania, Inc. (IFP)); Wendy A. Fleming, Esq., Joseph Turchi,
Esq. and Workers’ Compensation Judge Holly A. San
Angelo (on behalf of the Philadelphia Bar Association’s
Workers’ Compensation Section (PBAWCS)); Workers’
Compensation Judge Joseph Hakun; Workers’ Compensation Judge Ada Guyton (on behalf of the Pennsylvania
Workers’ Compensation Judges Professional Association
(PWCJPA)); Workers’ Compensation Judge Karl Baldys;
Ronald L. Calhoon, Esq.; Workers’ Compensation Judge
Kenneth P. Walsh; G. Michael Spates, Esq. (on behalf of
Rawle & Henderson LLP); and Workers’ Compensation
Judges Susan E. Kelley, Paul E. Baker, Francine
Lincicome and Kelly F. Melcher. The Department also
received written comments from the Independent Regulatory Review Commission (IRRC) dated April 23, 2014.
In response to the comments received, the Department
carefully reviewed and considered all of the suggestions
and concerns raised by the commentators. The Department also participated in discussions with certain commentators and Committee members regarding their concerns relating to the new procedural rules involving the
UEGF. The Committee met on May 16, 2014, to discuss
the comments, after which several subcommittees were
convened to consider specific comments. The Committee
again met on July 11, 2014, to discuss revisions to the
provisions, which included several changes in response to
the comments. Ultimately, the Committee voted to approve, unopposed, the revisions that are incorporated into
this final-form rulemaking.
Purpose
This final-form rulemaking updates Chapters 111 and
131 to promote efficiency and to address new technological and statutory changes. Chapters 111 and 131 have not
been updated since 2009. Since that time, the Department has been working on implementing WCAIS, an
online workers’ compensation claims information system
encompassing the processes handled by the Bureau of
Workers’ Compensation (Bureau), the Office and the
Board. Also, during these years, the Department has
monitored proceedings involving the UEGF and discovered inefficiencies and increased costs for the parties
under the current system. The final-form rulemaking
addresses these issues by incorporating necessary
changes to improve the efficiency of the system, expand
filing options and ensure that parties will continue to be
advised of up-to-date rules for practice and procedures
before the Board, the Office and judges.
Summary of Final-Form Rulemaking and Responses to
Comments
This final-form rulemaking clarifies and provides detailed guidance for practice and procedure before the
Board, the Office and judges.
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
7838
RULES AND REGULATIONS
IRRC made the general comment that the Department
should make every effort to resolve and reach consensus
among the regulated community as it prepares the finalform rulemaking. In response to the comments, the
Department held discussions and met with certain commentators to discuss their concerns. These meetings
included a discussion of the insurance community’s concerns with Samuel R. Marshall, Esq. on behalf of IFP, as
well as discussion of the judges’ concerns about the UEGF
provisions with Ada Guyton, who was present on behalf of
the PWCJPA. Following these discussions, several
changes were made to the final-form rulemaking consistent with the comments received. With regard to the
UEGF provisions, the significant final-form changes represent an agreed-upon compromise which retains language which reasonably satisfies the need for rules
specific to UEGF proceedings in a manner which accommodates the judges’ ability to exercise discretion in
conducting UEGF proceedings following the first hearing.
IFP commented that future projects should include
insurers as well as other stakeholders since the defense
bar is not always the same. The Department closely
monitors its various regulations and is committed to
seeking and considering input from all stakeholders,
including the insurance community, regarding concerns or
suggestions for improvement to promote the efficiency of
the workers’ compensation system. Insofar as the Chapter
111 and 131 regulations impact litigation before the
Board and judges, the Committee established by the
Department is primarily compromised of representatives
directly involved in the litigation process, including attorneys with many years of experience representing both
claimant and insurer interests in these proceedings.
However, the Department will continue to strive to be as
inclusive as possible to ensure that all stakeholders’
interests are considered in future regulatory projects.
IRRC also generally commented that the Department
should ensure that the preamble and Regulatory Analysis
Form make clear the need for the changes implemented
by the final-form rulemaking. Many of the changes
implemented in the final-form rulemaking were necessary
to accommodate electronic filings and transactions as the
result of the Department’s implementation of its new
computer system, WCAIS, to eliminate multiple or duplicative filings or to reflect the current practice in the
community. Further changes, including those in Chapter
131, Subchapter D (relating to proceedings involving the
UEGF), were necessitated to address procedural issues
that have developed since the creation of the UEGF in
2007 under the act of November 9, 2006 (P. L. 1362, No.
147). The Department has also addressed this issue more
specifically throughout the preamble, as necessary, in its
discussion of the comments to individual rules, as well as
in the Regulatory Analysis Form.
taxicabs and utility companies, commenting that the
Department should clarify the definition of common carrier, as appropriate. IFP recommended consistency of the
filing requirements in § 111.3 of the Board rules and
§ 131.11(a) (relating to filing, service and proof of service)
of the judges rules. The Department does not intend to
include taxicabs and utility companies as methods of
filing by ‘‘common carrier.’’ Therefore, in response to the
comments from IRRC, the Department replaced the proposed definition of ‘‘common carrier’’ with language within
the definition of ‘‘filing’’ which clarifies that an appeal
may be delivered by a ‘‘common carrier of property’’ which
is subject to the authority of the Pennsylvania Public
Utility Commission or the United States National Surface
Transportation Board. This language is now consistent
with the common carrier filing provisions recently promulgated in other Department regulations. See
§§ 63.25(c) and 101.82(b)(2) (relating to filing methods;
and time for filing appeal from determination of Department). Upon further consideration, the Department also
agrees with IFP that the filing requirements within the
Board and judges rules should be consistent to avoid
confusion within the workers’ compensation community.
Therefore, reference to the use of the United States
Postal Service Certificate of Mailing has been added to
the definition of ‘‘filing’’ in § 111.3, and the subsections
within that definition have been reordered consistent
with § 131.11(a).
Chapter 111. Special rules of administrative practice and
procedure before the Workers’ Compensation Appeal
Board
Section 111.12 (relating to filing, service and proof of
service) is amended to clarify requirements for appeals
filed with the Board.
The Department amends Chapter 111 to delete requirements that multiple copies of documents shall be filed
with the Board.
Section 111.3 (relating to definitions) is amended to
clarify filing dates if filing by mail, common carrier,
electronically or by hand-delivery, and to provide that a
United States Postal Service Certificate of Mailing, USPS
Form 3817 or similar form can be used as evidence of the
filing date.
IRRC commented that § 111.12 does not provide information on where online electronic filing procedures will
be located and asked that the Department clarify how
electronic filing will be implemented. The electronic filing
procedures are set forth in detail on the Department’s
web site at www.dli.state.pa.us. For clarity, the Department added a reference to the web site in this provision.
IRRC questioned whether the proposed definition of
‘‘common carrier’’ in § 111.3 was intended to include
Section 111.11 (relating to content and form) is
amended to clarify that an appeal of a judge’s decision is
deemed to include all claim numbers, dispute numbers
and petition numbers referenced in the decision being
appealed.
IFP questioned whether the proposed language in
§ 111.11(a)(1) that an appeal is deemed to include ‘‘all
claims, disputes and petitions’’ intends that there cannot
be partial appeals. IRRC commented that if it is the
Department’s intent to disallow partial appeals under
§ 111.11(a), the Department should explain the need for,
and reasonableness of, this requirement. IRRC asked the
Department to clarify this provision if disallowance of
partial appeals is not intended. In response, the Department does not intend this change to disallow partial
appeals. Rather, this change is intended to streamline the
appeal process by preventing the need for separate,
duplicative appellate filings by the same party where the
judge’s decision involves matters which are identified by
multiple claim numbers, dispute numbers or petition
numbers in WCAIS. To clarify this, ‘‘numbers’’ was added
after the references to claim, dispute and petition in this
final-form rulemaking. Notwithstanding this provision, it
remains that only issues properly raised in the appellate
filing are on appeal, consistent with current case law.
Section 111.13 (relating to processing of appeals and
cross appeals) is amended to delete the requirement that
the date of the acknowledgement is 3 days subsequent to
the date the acknowledgement is mailed.
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
RULES AND REGULATIONS
Section 111.14 (relating to motions to quash) is
amended to delete the requirement that two copies of a
motion to quash shall be filed with the original motion.
Section 111.16 (relating to briefs: content and form and
time for filing) is amended to delete the requirement that
two copies of a brief shall be filed with the original brief.
Section 111.21 (relating to content and form) is
amended to clarify that the decision and order of the
judge must be included with a request for supersedeas
filed with the Board.
Section 111.22 (relating to filing) is amended to clarify
the requirements for a request for supersedeas filed with
the Board.
Section 111.24 (relating to disposition of request for
supersedeas) is amended to specify that the Board will
have 30 days from the date of the receipt of the request
for supersedeas to rule on a request or the request will be
deemed denied.
Section 111.31 (relating to applicability) is amended to
clarify that Chapter 111, Subchapter D (relating to other
petitions) also applies to petitions for reconsideration
under section 426 of the act (77 P. S. § 871).
Section 111.32 (relating to form/content) is amended to
delete the requirement that two copies of a petition or
request shall be filed with the original petition or request.
Section 111.34 (relating to answers to petitions) is
amended to delete the requirement that two copies of an
answer shall be filed with the original answer.
Chapter 131. Special rules of administrative practice and
procedure before workers’ compensation judges
The Department amends Chapter 131 to replace reference to the Bureau with reference to the Department.
Section 131.3 (relating to waiver and modification of
rules) is amended to provide that the judge cannot waive
or modify the provisions in § 131.202 (relating to first
hearing information and stay).
IRRC commented that the Department should revise
the proposed language in § 131.3, which provided that
the judge cannot waive or modify the provisions in
‘‘Subchapter D,’’ to clarify the specific provisions in Chapter 131, Subchapter D that are being addressed. Joseph
Hakun commented that references to ‘‘Subchapter D’’ in
§ 131.3 may be read as expanding the bar to a judge’s
ability to waive or modify rules, to all rules involving the
UEGF. PWCJPA commented that reference to
‘‘Subchapter D’’ prohibits any exercise of discretion on the
part of the judge. Susan E. Kelley, Paul E. Baker,
Francine Lincicome and Kelly F. Melcher raised an
identical concern to this section. Karl Baldys also noted
his support of PWCJPA’s comment. In response to the
comments, and in connection with further changes made
to Chapter 131, Subchapter D in this final-form rulemaking, the Department clarified the amendment to
§ 131.3 to specify that only the first hearing provisions of
§ 131.202 are included in the exception to the waiver and
modification of rules.
Related comments to those received regarding § 131.3
were also received regarding the proposed rulemaking’s
exception of ‘‘Subchapter D’’ from the one-day trial provisions in § 131.53a(a) (relating to consolidated hearing
procedure). The Department disagreed that the proposed
amendment to § 131.53a(a) would operate as a complete
bar or prohibition of all judicial discretion. However,
based upon further consideration and discussion with
some of the commentators, which discussion resulted in
the previously discussed clarification to § 131.3 as well as
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the Department’s inclusion of new, discretionary language
regarding the scheduling of hearings in UEGF matters in
§ 131.203 (related to hearing procedures), the proposed
amendment to § 131.53a is no longer necessary and has
been withdrawn.
Section 131.5 (relating to definitions) is amended to add
definitions of ‘‘Board,’’ ‘‘claim petition’’ and ‘‘UEGF claim
petition.’’ The Department adds a definition of ‘‘writing’’ to
clarify that a ‘‘writing’’ can include electronic communications. The Department adds ‘‘UEGF’’ to the definition of
‘‘Uninsured Employers Guaranty Fund.’’
IFP and IRRC commented that the Department should
explain the need for amending the definition of ‘‘party’’ in
§ 131.5 to include ‘‘employee’’ and how an employee
differs from a claimant. Upon further consideration, the
Department deleted the proposed reference to ‘‘employee’’
within the definition of ‘‘party’’ to avoid redundancy, as it
is otherwise included within the definition of ‘‘claimant.’’
Section 131.11 is amended to clarify current filing and
service requirements, including allowing filing by common
carrier, and to provide that a United States Postal Service
Certificate of Mailing, USPS Form 3817 or similar form
can be used as evidence of the filing date.
IFP commented that the filing provisions in § 131.11
should be consistent with the revisions to the filing
provisions in § 111.3, including filing by common carrier,
or in the alternative, the Department should explain the
reasons for differences in the filing requirements. IRRC
commented that the Department should ensure that the
proposed language in § 131.11(a)(3) provides clear filing
requirements for the regulated community. IRRC also
recommended that the filing and service information and
address for the Department in § 131.11(e), and any
changes thereto, be published both in the Pennsylvania
Bulletin and on the Department’s web site, not just in one
or the other location. As addressed in the response to
§ 111.3, the Department agrees that the filing requirements in the final-form rulemaking should be consistent
throughout and has made the necessary changes to
§ 131.11(a) to ensure clarity and consistency by including
language similar to § 111.3 and its other regulations that
also allows filing by a ‘‘common carrier of property.’’ In
addition, the Department agrees with the recommendation by IRRC regarding § 131.11(e), and amended this
subsection to provide for publication in the Pennsylvania
Bulletin and on the Department’s web site.
Section 131.32 (relating to petitions except petitions for
joinder and challenge proceedings) is amended to provide
that a party shall file forms as prescribed by the instructions on the form. If a form is not prescribed by the
Department, the party shall file an original of the petition
with the Department.
Section 131.33 (relating to answers except answers to
petitions for joinder and challenge proceedings) is
amended to clarify requirements for filing answers to
claim petitions and other petitions, except petitions for
joinder and challenge proceedings.
IFP commented that the distinction between claim
petitions and all other petitions in proposed § 131.33(a) is
confusing. IFP also commented that the Department
should explain the reason for the addition of petitions to
review utilization review determination to § 131.33(a).
The distinction between claim petitions and all other
petitions in this section is based upon, and consistent
with, section 416 of the act (77 P. S. § 821), which
provides, in part, that the failure to timely answer and
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deny facts alleged in a claim petition only, may result in
those facts being deemed admitted. It is also consistent
with the long-standing Commonwealth Court decision in
Yellow Freight Sys., Inc. v. WCAB (Madara), 423 A.2d
1125 (Pa. Cmwlth. 1981). To avoid confusion however, the
Department agrees with IFP that the proposed additional
reference to petitions to review utilization review determination should be deleted, as those petitions are separately
addressed in § 127.554 (relating to petition for review by
Bureau—no answer allowed).
Section 131.36 (relating to joinder) is amended to
specify that petitions for joinder and answers to the
joinder petitions should be filed with the Department.
Section 131.52 (relating to first hearing procedures) is
amended to specify that, at the first hearing, parties shall
identify Department documents that are relevant to the
claim or dispute and, if not available electronically,
provide actual copies of those documents to the judge.
IRRC commented that the proposed language in
§ 131.52(e) seems to move responsibility for obtaining
documents to the judge and, therefore, asked that the
Department explain the need for, and reasonableness of,
this change. Geoffrey L. Seacrist commented that
§ 131.52(e) should not eliminate the requirement that the
parties provide to the judge copies of all relevant documents filed with the Department. The Department’s
intent is not to move responsibility for obtaining documents to the judge, but rather to eliminate the duplicate
filing of documents which are already electronically available to the judge within the Department’s new electronic
system, WCAIS. This section does not preclude the
parties from also providing copies of the filed documents
to the judge if necessary and, to this end, the Department
has clarified this provision to provide that the parties
shall provide the documents if not otherwise electronically available to the judge.
Section 131.53b (relating to bifurcation and motions for
disposition of a petition) is amended to allow motions for
disposition of a petition and establish guidelines for their
handling.
IFP commented that the Department should clarify
what motions were envisioned under the proposed language in § 131.53b(b), which as proposed involved motions for ‘‘summary disposition of a claim.’’ IFP also
commented that the Department should clarify the process after the motion is filed, including the opportunity
for response, and questioned whether the motions have
any particular requirements. IRRC commented that the
proposed language in § 131.53b(b) was silent as to
whether and when an opposing party may file a response
to a motion. IRRC asked the Department to explain the
need for, and reasonableness of, this provision, and to
ensure it is clear. PBAWCS commented that the 45-day
motion procedure in § 131.53b(b) adds unnecessary delay
to the litigation process and appears to leave no mechanism for when or whether an opposing party may respond.
The Department intends § 131.53b(b) to streamline
litigation by providing an expedited method, upon a
party’s motion, for judges to dispose of a petition pending
before them. To clarify its purpose, the Department
deleted the reference to ‘‘summary disposition of a claim’’
and replaced it with ‘‘disposition of a petition.’’ The
Department believes that requirements as to the form, as
well as the timing, of a response, should be left to the
discretion of the judge. To better clarify the process
however, the Department added specific language indicating that the response shall be made within a time
specified by the judge, and that the judge will issue an
order or provide reasons for not doing so within 30 days
of the response due date. The Department also deleted
the language that the articulated reasons for not ruling
on the motion be ‘‘substantial and compelling.’’ Insofar as
the provision provides that pendency of the motion does
not act as a stay, the Department disagrees with the
comment that the procedure will add unnecessary delay
to the litigation process. To the contrary, the Department
believes that this procedure will aid in streamlining the
litigation.
Section 131.55 (relating to attorney fees and costs) is
amended to require claimant’s counsel to submit a copy of
the fee agreement or any other statement or claim for
disbursements, costs and expenses, and to obtain approval from the judge or the Board before the agreement,
statement or claim will be valid.
Thomas C. Lowry inquired whether § 131.55(a) precludes an attorney who is operating with a signed fee
agreement from obtaining, without approval of a judge,
an advance from the claimant to pay litigation costs as
set forth in the agreement. Ronald L. Calhoon commented
that if a claimant’s attorney cannot charge or collect costs
of litigation from a client unless approved by a judge
under § 131.55(a), many injured workers will not be able
to find representation because attorneys may not advance
these costs. IRRC questioned the need for the proposed
language in § 131.55(a), commenting that this requirement could delay legal representation or eliminate it
altogether for a claimant seeking assistance. IRRC also
asked whether an attorney must be expected to advance
costs on behalf of a client even when there is a contingent
fee in place. Further, IFP commented that the Department should clarify the meaning of ‘‘claim’’ in proposed
§ 131.55(a).
The amended language in § 131.55(a) was previously in
§ 121.24. In 2007, the Department rescinded that section
by final-form rulemaking published at 37 Pa.B. 4181
(August 4, 2007), noting in the preamble that the requirements concerning attorney fees are more appropriately
addressed in Chapter 131. This language is based upon,
and consistent with, the approval requirements in sections 440, 442 and 501 of the act (77 P. S. §§ 996, 998
and 1021). This language is not intended to alter the
existing fee approval requirements under sections 440,
442 and 501 of the act or to change the current practice
for seeking fee approval, and therefore should not delay
or eliminate legal representation for injured workers. The
language neither requires nor prohibits the advancement
of costs, but rather reinforces the existing requirements
in the act and Rules of Professional Conduct regarding
the need for executed fee contracts regardless of which
party is ultimately determined to be liable for the payment of the fees and costs in the case. The Department
believes that this section reasonably ensures that the
necessary approval of fee agreements and claims for
disbursements, costs and expenses is promptly obtained
by counsel, both when and as required under sections
440, 442 and 501 of the act. Further, the Department
intends that ‘‘claim’’ in this section refers to a claim for
fees or other disbursements, costs or expenses. To clarify
this meaning, the Department deleted the initial use of
the term in the first sentence.
Section 131.63 (relating to time for taking oral depositions) is amended to provide that an oral deposition may
be taken at any time subsequent to the date of the
assignment, rather than the date of service, of the
petition by the Department.
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Section 131.81 (relating to subpoenas) is amended to
provide for electronic subpoena requests and to prohibit
service of subpoenas until 10 days after issuance by the
judge unless otherwise agreed to by the parties.
IRRC made several comments regarding the proposed
language in § 131.81(b) pertaining to the proposed 7-day
period to object to subpoena requests. IRRC inquired
about what was to occur following the filing of an
objection, why objections were to be made to a request
rather than service of a subpoena and how the Department determined that a 7-day period was appropriate.
IRRC commented that the Department should explain the
need for, and reasonableness of, the provision and ensure
the procedures are clear. IFP also commented that the
Department should explain how the 7-day period for
objecting to a request for a subpoena was determined,
and whether this new rule is consistent with the filing
rules in § 131.11 or a different rule. Geoffrey L. Seacrist
commented that the proposed period for objections to a
subpoena in § 131.81(b) should begin on the date of
service, not the date the request is made to the judge. G.
Michael Spates commented that the proposed 7-day period for objections to a subpoena in § 131.81(b) is too
short and should be extended to 10 calendar days. G.
Michael Spates also suggested adding language to
§ 131.81(b) requiring that the judge circulate an interlocutory order on the party’s objection prior to the
issuance of the subpoena. Thomas C. Lowry questioned
the requirement in § 131.81(a) that the party requesting
a subpoena ‘‘shall complete the subpoena,’’ noting his
experience that a records deposition date was usually left
blank due to the time delay between submission and
return of a paper subpoena from a judge. Thomas C.
Lowry also commented that § 131.81(c) should include a
requirement that a copy of the service of a subpoena also
be served on the judge.
In response to the comments about the proposed 7-day
period to object to a subpoena request in § 131.81(b), and
upon further consideration, the Department deleted this
requirement from the final-form rulemaking. The Department agrees that the proposed 7-day period was both
short and difficult to calculate. Moreover, the Department
believes that the current practice for objecting to subpoenas under proposed § 131.81(c) (final-form § 131.81(d)) is
sufficient. The Department has retained as modified the
amended language in § 131.81(b) requiring that a subpoena may not be served until 10 days after its issuance
absent agreement of the parties. The Department believes
that this requirement will reasonably encourage prompt
communication and resolution of potential concerns about
subpoenas, and provide opportunity for objections to be
raised promptly prior to service, if necessary. While a
judge may issue an interlocutory order concerning an
objection to a subpoena, the Department does not agree
with the comment that this should be required by
regulation, and this change has not been made. The
Department believes that this should be left to the
discretion of the judge. In addition, the amended language in § 131.81(a) requiring parties to ‘‘complete the
subpoena’’ is not intended to change current practice, but
rather to emphasize that it is the responsibility of the
party, not the judge, to fill out the paper or electronic
subpoena request. In response to the comment about
delay in issuance of subpoenas, the Department notes
that the new electronic system, WCAIS, has greatly
reduced the time between the subpoena request and the
issuance of the signed subpoena by the judge. In WCAIS,
registered parties can file subpoena requests, and judges
can issue subpoenas, electronically and almost immedi-
7841
ately to those who have elected electronic service. Moreover, while the parties are not prohibited from providing
a copy of service of the subpoena on the judge if they
desire, it is not necessary. Therefore, the Department
does not agree with the comment that § 131.81(c) should
require this service in all cases, and this change has not
been made.
Section 131.91(b) (relating to stipulations of fact) is
amended to add a paragraph requiring stipulations to be
signed by the claimant, all counsel and the employer, if
the employer is unrepresented. The Department further
adds paragraphs requiring the stipulation to expressly
provide which petitions are being resolved, whether a
petition is being withdrawn, granted or dismissed, and
whether the parties are requesting an interlocutory order
or a final order.
IFP commented that the Department should clarify
what stipulations fall within the phrase ‘‘dispositive of
the case,’’ as used in the proposed language in
§ 131.91(b), to require satisfaction of the signature requirements in this subsection. IFP also sought clarification of the purpose of requiring a claimant to sign a
stipulation when they are represented by counsel or the
matter involves a petition to review utilization review
determination. Upon further consideration, the Department deleted the reference to ‘‘dispositive of the case’’
from § 131.91(b)(3) to avoid confusion concerning the
signature requirement. The final-form regulation now
clarifies that the signatures, including the signature of
claimant, are required for all stipulations. The Department believes that requiring the claimant’s signature,
even when represented by counsel, is reasonable and
necessary to allow the judge to be satisfied, as required
under § 131.91(b)(2), that the claimant understands the
effect of the stipulation on future compensation and
medical expenses. This is also reasonable and necessary
for stipulations involving a petition to review utilization
review determination, whether or not the petition was
filed by the claimant, to ensure that the claimant understands the effect on his medical expenses for treatment
with the provider under review.
The Department adds Chapter 131, Subchapter D to
provide specific guidelines concerning these proceedings.
IRRC commented that the Department should explain
the need for, and reasonableness of, adding Chapter 131,
Subchapter D based on the concerns regarding certain
provisions raised by commentators. Joseph Hakun commented that the UEGF rules as proposed would bar the
exercise of discretion by judges in procedural matters.
PWCJPA, as well as Susan E. Kelley, Paul E. Baker,
Francine Lincicome and Kelly F. Melcher, also commented
that the UEGF rules as proposed would prohibit judicial
discretion. However, each commentator also acknowledged
that procedural rules may be appropriate to address
legitimate needs of the UEGF. Karl Baldys noted his
support of PWCJPA’s comment.
Chapter 131, Subchapter D is intended to promote the
efficient use of all parties’ litigation resources through
better coordination of the claim petition against the
employer (LIBC-362 claim petition) with the related claim
petition filed against the employer and the UEGF (UEGF
claim petition). The UEGF is a secondarily liable party to
a UEGF claim petition and does not have a pre-existing
relationship with the parties which would provide it
prelitigation access to much of the information or witnesses required to defend a claim. More so than other
parties in typical workers’ compensation proceedings, the
UEGF must rely heavily on information brought out after
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the filing of a UEGF claim petition through subsequent
discovery and hearings. The Department believes, as
acknowledged by the commentators, that procedural rules
are appropriate to address the legitimate needs of this
statutorily-created fund. Indeed, in enacting the UEGF,
the General Assembly provided in section 1608 of the act
that the Department ‘‘may promulgate regulations for the
administration and enforcement’’ of the UEGF. The procedural rules in Chapter 131, Subchapter D benefit all
parties, including the UEGF, by promoting quicker consolidation and resolution of the claims in UEGF proceedings and reducing the additional time and effort required
to obtain information, join all appropriate parties and
reach a judicial determination regarding potential liability and award of the claim. In doing so, the final-form
rulemaking reasonably provides for judicial involvement
as necessary to ensure that the litigation proceeds to a
resolution efficiently and fairly for all parties.
Section 131.201 (relating to petitions) provides that all
references to petitions in Chapter 131, Subchapter D are
defined as under § 131.5.
Section 131.202 directs a judge to provide information
about the UEGF to a claimant in an LIBC-362 claim
petition when a UEGF claim petition has not been filed
and there is not an insurer listed on the notice of
assignment or the insurer has filed a motion for dismissal
based on noncoverage. If the claimant indicates an intention to file a UEGF claim petition, the judge is directed to
stay the proceedings on the LIBC-362 claim petition until
20 days after the assignment of the UEGF claim petition.
If the UEGF claim petition is not filed within 45 days,
the LIBC-362 claim petition will proceed. This section
cannot be waived or modified, as otherwise provided in
§ 131.3.
IRRC commented that the Department should explain
the need for, and reasonableness of, the requirement in
§ 131.202(a) that the judge is to inform the claimant of
the existence of the UEGF. PWCJPA commented that the
requirement of informing the claimant of the existence of
the UEGF compromises the judge’s independence, may
subject the judge to being called as a witness and is
contrary to certain of the judges’ code of ethics requirements involving avoiding impropriety, performing duties
impartially and upholding the integrity of the workers’
compensation system in section 1404(a) of the act (77
P. S. § 2504(a). Susan E. Kelley, Paul E. Baker, Francine
Lincicome and Kelly F. Melcher raised an identical concern to this section. Karl Baldys also noted his support of
PWCJPA’s comment.
This regulation aims to promote due process and
judicial economy by ensuring prompt inclusion of all
potential parties, including the UEGF, to a claim against
an uninsured employer. By requiring a judge to provide
information about the UEGF and to stay the first hearing
on an LIBC-362 claim petition until 20 days after the
notice of assignment of the UEGF claim petition (if one is
filed), this regulation promotes efficiency and reduces
costs for all parties by eliminating duplicative hearings
and depositions necessitated by the UEGF’s late arrival
to the claim proceeding. The Department does not agree
that requiring the judge to provide information on the
existence of the UEGF either compromises judicial independence or is contrary to the judicial code of ethics. The
Department also does not believe provision of this information will subject the judge to being called as a witness.
First, it is anticipated that this information will be
documentary in nature and will be done on the record.
The Department recognizes that varying information concerning the UEGF’s existence is currently being provided
verbally by judges in some matters, sometimes on-therecord and sometimes off-the-record. This final-form rulemaking simply ensures that the provision of the information is uniform across this Commonwealth for all
claimants, to allow claimants to make informed decisions
as to whether they wish to file a UEGF claim petition.
Moreover, insofar as this section relates to judicial procedures in these matters only, the requirement that a
claimant inform the judge whether he intends to file a
UEGF claim petition following provision of the information is not intended to preclude a later filing to the extent
otherwise allowed by law. Second, this section is only
applicable in the limited number of cases when a UEGF
claim petition has not been filed and there is not an
insurer listed on the notice of assignment for the LIBC362 claim petition or the insurer has filed a motion for
dismissal based on noncoverage. Due to the uniqueness of
the UEGF from other types of workers’ compensation
litigation, provision of this information by the judge at
the first hearing on the LIBC-362 claim petition, and
allowing for a stay for the filing of a UEGF claim petition,
is reasonable and necessary to accomplish the goals of
due process, judicial economy and fairness. For these
reasons, although the Department has agreed to otherwise delete the nonwaiver provisions regarding the ‘‘one
day one trial’’ procedure proposed in § 131.203 and
proposed § 131.204 (relating to waiver and modification
of §§ 131.202 and 131.203), the nonwaiver language
regarding § 131.202 has been retained by adding
§ 131.202(e) in this final-form rulemaking. By way of
compromise however, following discussions with PWCJPA,
§ 131.202(e) specifically recognizes that the nonwaivability of § 131.202 is ‘‘in the interests of judicial economy
and due process to have all parties joined as soon as
possible, and in recognition of the uniqueness of the
UEGF from other types of workers’ compensation litigation.’’
Section 131.203 provides that if the UEGF requests live
testimony of witnesses before the judge, the judge will
schedule hearings to accommodate the request, unless
denied for good cause shown and stated on the record.
IRRC commented that the Department should explain
the need for, and reasonableness of, the requirement of
the agreement of all parties in writing or on the record
for a judge to waive or modify this section and § 131.202,
as found in proposed § 131.204(a). IRRC also asked the
Department to explain how this is in the public interest.
Joseph Hakun commented that requiring the agreement
of all participating parties for waiver or modification of
the rules under proposed § 131.204(a), rather than requiring a ‘‘good cause’’ standard, gives an employer who
may be subject to criminal sanctions the ability to ‘‘veto’’ a
waiver or modification. PWCJPA, Joseph Hakun and
Kenneth Walsh commented that requiring agreement of
all participating parties inappropriately prohibits any
exercise of discretion on the part of the judge in cases
involving the UEGF. PWCJPA specifically commented
that the judge’s discretion should not be subject to
employers’ consent. Susan E. Kelley, Paul E. Baker,
Francine Lincicome and Kelly F. Melcher raised identical
concerns to this section. Karl Baldys also noted his
support of PWCJPA’s comment.
Upon further consideration and discussion with some of
the commentators, the Department agreed to delete the
waiver provision in proposed § 131.204 in its entirety,
including the requirement that agreement of all parties
was required. In addition, the Department deleted the
proposed language in § 131.203 which provided that
§ 131.53a would not apply to Subchapter D proceedings.
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The Department replaced the proposed language in
§ 131.203 with new language providing that if the UEGF
requests live testimony of witnesses before the judge, the
judge will schedule hearings to accommodate the request
unless denied for good cause shown and stated on the
record. The Department believes this language reasonably
affords the UEGF, which has no pre-existing relationship
with the other parties, the necessary opportunity to
develop the facts of a case through testimony at a hearing
prior to the final hearing in a matter, but also provides
the judge with discretion to deny that request utilizing a
good cause standard, as suggested by the commentators.
Final-form § 131.204 (proposed § 131.205) (relating to
UEGF subpoenas and interrogatories) authorizes judges
to issue subpoenas, order testimony and compel completion of written interrogatories concerning the uninsured
employer’s financial history, condition or ability to pay an
award. Additionally, this section authorizes a judge to
compel the attendance of the parties at mediation.
Joseph Hakun commented that the UEGF rules should
be delayed because there may be interplay between the
information to be obtained under proposed § 131.205(a)
(final-form § 131.204(a)) and pending legislation in the
2013-2014 session of the General Assembly. The Department disagrees. The legislation as proposed has no impact
on these procedural changes to the practice before judges,
nor is there any interplay or overlap between the information to be obtained under this specific section and any
of the provisions contemplated in the legislative bill.
Ronald L. Calhoon commented that the rule requiring
that independent medical examinations take place within
45 days of the first hearing should be amended to include
first hearings of any type, including hearings where
testimony is not taken. This rule is found in § 131.53(g)
(relating to procedures subsequent to the first hearing).
This section, however, was not part of the Department’s
proposed rulemaking. The Department has taken this
comment under advisement and will review and monitor
the suggestion, with the assistance of the Committee, for
a possible future rulemaking.
Affected Persons
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Sunset Date
A sunset date is not necessary. The Department will
continue to monitor the impact and effectiveness of the
regulations.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71
P. S. § 745.5(a)), on February 10, 2014, the Department
submitted a copy of the notice of proposed rulemaking,
published at 44 Pa.B. 996, to IRRC and the Chairpersons
of the Senate Labor and Industry Committee and the
House Labor and Industry Committee for review and
comment.
Under section 5(c) of the Regulatory Review Act, IRRC
and the House and Senate Committees were provided
with copies of the comments received during the public
comment period, as well as other documents when requested. In preparing the final-form rulemaking, the
Department has considered all comments from IRRC, the
House and Senate Committees and the public.
Under section 5.1(j.2) of the Regulatory Review Act (71
P. S. § 745.5a(j.2)), on November 5, 2014, the final-form
rulemaking was deemed approved by the House and
Senate Committees. Under section 5.1(e) of the Regulatory Review Act, IRRC met on November 6, 2014, and
approved the final-form rulemaking.
Findings
The Department finds that:
(1) Public notice of proposed rulemaking was given
under sections 201 and 202 of the act of July 31, 1968
(P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the
regulations promulgated thereunder, 1 Pa. Code §§ 7.1
and 7.2.
(2) A public comment period was provided as required
by law and all comments were considered.
(3) The final-form rulemaking is necessary and appropriate for the administration and enforcement of the
authorizing statutes.
Order
Those affected by this final-form rulemaking include
the Board Commissioners and officials, employees of the
Department, the Office and judges, as well as attorneys
and litigants in the workers’ compensation system in this
Commonwealth.
Fiscal Impact
There is no significant fiscal impact associated with
this final-form rulemaking. However, the final-form rulemaking may provide savings to the regulated community
through: (1) reduced copying and mailing costs, as the
number of copies of filings has been reduced and documents may be filed electronically; and (2) reduced overall
litigation expenses for all parties to claim proceedings
involving the UEGF due to better coordination and
handling of the litigation process in these matters.
The Department, acting under the authorizing statute,
orders that:
(a) The regulations of the Department, 34 Pa. Code
Chapters 111 and 131, are amended by adding
§§ 131.201—131.204 and by amending §§ 111.3, 111.11—
111.14, 111.16, 111.21—111.24, 111.31, 111.32, 111.34,
131.3, 131.5, 131.11, 131.21, 131.32, 131.33, 131.36,
131.50, 131.52, 131.53b, 131.55, 131.57, 131.58, 131.60,
131.63, 131.81 and 131.91 to read as set forth in Annex A,
with ellipses referring to the existing text of the regulations.
Reporting, Recordkeeping and Paperwork Requirements
(Editor’s Note: The proposed amendments to § 131.53a
published at 44 Pa.B. 996 have been withdrawn by the
Department. Proposed § 131.204 has been withdrawn by
the Department. Final-form § 131.204 was published in
the proposed rulemaking as § 131.205.)
The final-form rulemaking does not require the creation
of new forms. There are no other additional reporting,
recording or paperwork requirements on either the Commonwealth or the regulated community.
(b) The Secretary of the Department shall submit this
order and Annex A to the Office of General Counsel and
the Office of Attorney General for approval as to legality
and form as required by law.
Effective Date
(c) The Secretary of the Department shall submit this
order and Annex A to the Independent Regulatory Review
Commission and the Senate and House Committees as
required by law.
This final-form rulemaking is effective upon publication
in the Pennsylvania Bulletin.
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(d) The Secretary of the Department shall certify this
order and Annex A and deposit them with the Legislative
Reference Bureau as required by law.
(e) This order shall take effect upon publication in the
Pennsylvania Bulletin.
JULIA K. HEARTHWAY,
Secretary
Judge—A workers’ compensation judge assigned by the
Office of Adjudication as provided in section 401 of the act
(77 P. S. § 701) or assigned by the Office of Adjudication
to determine a petition filed under the Disease Law.
Office of Adjudication—The Office of the Department
created under section 1401(a) of the act (77 P. S.
§ 2501(a)).
(Editor’s Note: For the text of the order of the Independent Regulatory Review Commission relating to this
document, see 44 Pa.B. 7424 (November 22, 2014).)
Party—A petitioner or respondent. An act required or
authorized by this chapter, to be done by or to a party,
may be done by or to that party’s counsel of record.
Fiscal Note: Fiscal Note 12-99 remains valid for the
final adoption of the subject regulations.
Petitioner—Anyone seeking to review a ruling or decision by a judge or the moving party in a petition filed
under Subchapter D (relating to other petitions).
Annex A
Respondent—Anyone in whose favor the matter was
decided by the judge or other than the moving party in
any petition filed under Subchapter D.
TITLE 34. LABOR AND INDUSTRY
PART VII. WORKERS’ COMPENSATION APPEAL
BOARD
CHAPTER 111. SPECIAL RULES OF
ADMINISTRATIVE PRACTICE AND PROCEDURE
BEFORE THE WORKERS’ COMPENSATION
APPEAL BOARD
Subchapter A. GENERAL PROVISIONS
§ 111.3. Definitions.
(a) The following words and terms, when used in this
chapter, have the following meanings, unless the context
clearly indicates otherwise:
Act—The Workers’ Compensation Act (77 P. S. §§ 1—
1041.4 and 2501—2708).
Appeal—A proceeding to review a ruling or decision by
a judge.
Board—The Workers’ Compensation Appeal Board.
Disease Law—The Pennsylvania Occupational Disease
Act (77 P. S. §§ 1201—1603).
Filing—Filing is deemed complete upon one of the
following:
(i) Delivery in person.
(ii) If by electronic submission, upon receipt and in a
format as prescribed by the Department and published in
the Pennsylvania Bulletin or the Department’s web site
located at www.dli.state.pa.us.
(iii) If by mail, upon deposit in the United States mail,
properly addressed, postage or charges prepaid, as evidenced by one of the following:
(A) United States Postal Service postmark.
(B) United States Postal Service Certificate of Mailing
(USPS Form 3817 or other similar United States Postal
Service form from which the date of deposit can be
verified), enclosed with the filing or submitted separately
to the Department.
(iv) An appeal may be delivered by a common carrier of
property which is subject to the authority of the Pennsylvania Public Utility Commission or the United States
National Surface Transportation Board. The date of filing
is the date the document was delivered to the common
carrier, as established by a document or other record
prepared by the common carrier in the normal course of
business. If the date of delivery to the common carrier
cannot be determined by the documents in the record, the
date of filing will be the date of its receipt by the Board.
Service—Delivery in person, by mail or electronics. If
service is by mail, it is deemed complete upon deposit in
the United States mail, as evidenced by a United States
Postal Service postmark, properly addressed, with postage or charges prepaid.
Supersedeas—A temporary stay affecting a workers’
compensation case.
(b) Subsection (a) supersedes 1 Pa. Code §§ 31.3, 31.11
and 33.34 (relating to definitions; timely filing required;
and date of service).
Subchapter B. APPEALS
§ 111.11. Content and form.
(a) An appeal or cross appeal shall be filed with the
Board on a form provided by the Board. All references to
forms mean paper forms or an electronic format prescribed by the Board and published in the Pennsylvania
Bulletin or the Department’s web site located at www.
dli.state.pa.us. All forms must contain the following information:
(1) The name and address of the claimant, name and
address of the defendant, date of the injury, type of
petition, insurance carrier and circulation date of the
decision at issue. An appeal from a workers’ compensation
judge’s decision is deemed to include all claim numbers,
dispute numbers and petition numbers referenced in the
decision and order which are the subject of the appeal.
This paragraph does not supersede the other requirements of this section.
(2) A statement of the particular grounds upon which
the appeal is based, including reference to the specific
findings of fact which are challenged and the errors of the
law which are alleged. General allegations which do not
specifically bring to the attention of the Board the issues
decided are insufficient.
(3) A statement of the relief which is requested.
(4) A statement whether the petitioner seeks an opportunity to file a brief or present oral argument or whether
the case should be heard on the record without brief or
oral argument.
(5) Identification of the judge whose decision is in
question, including as an attachment, a copy of that
judge’s decision.
(6) A proof of service as specified in § 111.12(e) (relating to filing, service and proof of service).
(b) An appeal or a cross appeal shall be served on all
parties and the judge.
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RULES AND REGULATIONS
(c) A request for supersedeas, if desired, shall be
indicated on the appeal and conform to § 111.21 (relating
to content and form).
(d) Subsections (a)—(c) supersede 1 Pa. Code §§ 31.5,
33.1—33.4, 33.11, 33.12, 35.17 and 35.20.
§ 111.12. Filing, service and proof of service.
(a) When filing other than electronically, an original of
each appeal or cross appeal shall be filed. The appeal
shall have attached a copy of the judge’s decision which is
in question as required by § 111.11(a)(5) (relating to
content and form).
(b) When filing electronically, the petitioner shall follow
the online procedures established by the Department on
its web site located at www.dli.state.pa.us.
(c) The petitioner shall serve a copy of any appeal upon
all parties and the judge.
(d) The respondent shall serve a copy of any cross
appeal upon all parties and the judge.
(e) The petitioner or respondent shall, concurrently
with the filing of an appeal or cross appeal, on a form
prescribed by the Board or in substantial compliance
therewith, file a proof of service with the Board containing:
(1) A statement of the date of service.
(2) The names of parties and judge served.
(3) The mailing address, the applicable zip code and
the manner of service on the parties and judge served.
(f) Subsections (a)—(e) supersede 1 Pa. Code §§ 31.26,
33.15, 33.32, 33.33 and 33.35—33.37.
§ 111.13. Processing of appeals and cross appeals.
(a) Upon receipt of an appeal or a cross appeal, the
Board will acknowledge receipt to all parties.
(b) The Board will, in addition to acknowledging receipt of the appeal or the cross appeal, establish the
briefing schedule and indicate that the appeal and the
cross appeal will be scheduled for oral argument unless
all parties agree to submission of the case on only briefs
or record.
(c) Subsections (a) and (b) supersede 1 Pa. Code
§ 33.31 (relating to service by the agency).
§ 111.14. Motions to quash.
(a) A party may submit a motion to quash an appeal or
a cross appeal within 20 days of service of the appeal or
the cross appeal.
(b) A motion to quash shall be served on all parties.
(c) A motion to quash shall be accompanied by a proof
of service conforming to § 111.12(e) (relating to filing,
service and proof of service), insofar as applicable.
(d) The Board shall dispose of a motion to quash in
conformity with the procedures set forth in § 111.35
(relating to dispositions of petitions).
(e) An original motion to quash shall be filed.
(f) Subsections (a)—(e) supersede 1 Pa. Code §§ 31.26,
33.15, 33.32, 33.33, 33.35—33.37, 35.54 and 35.55 and
also supersede 1 Pa. Code Chapter 35, Subchapter D
(relating to motions).
§ 111.16. Briefs: content and form and time for
filing.
(a) A brief on behalf of a petitioner shall be filed with
the Board at or before the date of oral argument. If oral
argument is waived, petitioner shall file a brief within 30
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days of the date of the Board’s acknowledgment of receipt
of the appeal as set forth in § 111.13 (relating to
processing of appeals and cross appeals).
(b) A brief on behalf of a respondent shall be filed with
the Board 30 days after oral argument. Otherwise, the
respondent shall file a brief with the Board within 60
days of the date of the Board’s acknowledgment of receipt
of the appeal as set forth in § 111.13.
(c) Upon written request of a party directed to the
Secretary of the Board or upon oral request at the time of
oral argument, and with notice to all parties, the Board
may extend or shorten the time for filing of the party’s
brief only for good cause shown. A party shall present a
request to extend or shorten the time at or before the
date set for filing that party’s brief.
(d) Briefs not filed with the Board in accordance with
the schedule in this section or as modified by the Board
under subsection (c) will not be considered and will result
in disposition of the appeal without further notice or
consideration of the brief of the party failing to comply
with these deadlines or schedule.
(e) Briefs, except as otherwise allowed, shall consist of
the following items, separately and distinctly set forth:
(1) A short statement of the questions involved.
(2) A statement of the facts by the petitioner, or
counterstatement of the facts by the respondent.
(3) The argument.
(4) A short conclusion setting forth the precise relief
sought.
(5) A proof of service as specified in § 111.12(e) (relating to filing, service and proof of service) insofar as
applicable.
(f) An original brief shall be filed.
(g) Briefs shall be served on all parties.
(h) Subsections (a)—(g) supersede 1 Pa. Code §§ 31.15,
33.37, 35.212 and 35.221 and also supersede 1 Pa. Code
Chapter 35, Subchapter F (relating to briefs).
Subchapter C. SUPERSEDEAS ON APPEAL TO
THE BOARD AND COURTS
§ 111.21. Content and form.
(a) A request for supersedeas shall be filed as a
separate petition from the appeal and be accompanied by
the following:
(1) A copy of the decision and order of the judge or
order and opinion of the Board from which the
supersedeas is requested.
(2) A short statement setting forth reasons and bases
for the request for supersedeas.
(3) A specific statement as to the issues of law, if any,
involved in the underlying appeal.
(4) Information on the current employment status of
the claimant, if known.
(5) The court, if any, to which an appeal from the
Board decision has been taken.
(6) Other relevant information for the Board’s consideration in determining whether the supersedeas request
meets the following standards:
(i) The petitioner makes a strong showing that it is
likely to prevail on the merits.
(ii) The petitioner shows that, without the requested
relief, it will suffer irreparable injury.
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(iii) The issuance of a stay will not substantially harm
other interested parties in the proceeding.
(iv) The issuance of a stay will not adversely affect the
public interest.
(7) A proof of service as specified in § 111.12(e) (relating to filing, service and proof of service), insofar as
applicable.
(b) Requests for supersedeas shall be served on all
parties.
(c) Subsections (a) and (b) supersede 1 Pa. Code
§§ 35.1, 35.2, 35.17, 35.190 and 35.225.
§ 111.22. Filing.
(a) A request for supersedeas from the judge’s decision
shall be filed with the Board within the time specified in
section 423 of the act (77 P. S. § 853).
(b) A request for supersedeas from a Board order shall
be filed under the applicable Pennsylvania Rules of
Appellate Procedure.
(c) An original request for supersedeas shall be filed.
The supersedeas request shall have attached a copy of the
judge’s decision and order or Board opinion and order
from which the supersedeas is requested.
(d) A request for supersedeas shall be served on all the
parties and be accompanied by a proof of service as
specified in § 111.12(e) (relating to filing, service and
proof of service).
(e) Subsections (a)—(d) supersede 1 Pa. Code § 33.15
(relating to number of copies).
§ 111.23. Answers.
(a) An answer to a request for supersedeas may be
filed with the Board within 10 days of service of the
request for supersedeas.
(b) An original answer shall be filed.
(c) An answer filed under this subsection shall be
served on all parties.
(d) An answer filed under this subsection shall be
accompanied by a proof of service as specified in
§ 111.12(e) (relating to filing, service and proof of service), insofar as applicable.
(e) Subsections (a)—(d) supersede 1 Pa. Code §§ 33.15
and 35.35 (relating to number of copies; and answers to
complaints and petitions).
§ 111.24. Disposition of request for supersedeas.
(a) The Board may grant the request for supersedeas
in whole or in part.
(b) The Board will rule on requests for supersedeas
within 30 days of the date of receipt by the Board of the
request, or the request shall be deemed denied.
(c) Subsections (a) and (b) supersede 1 Pa. Code
§§ 35.190 and 35.225 (relating to appeals to agency head
from rulings of presiding officers; and interlocutory orders).
Subchapter D. OTHER PETITIONS
§ 111.31. Applicability.
This subchapter applies to the following petitions or
requests:
(1) A petition under section 306 of the act (77 P. S.
§ 513).
(2) A petition for appointment of guardian under section 307 of the act (77 P. S. § 542).
(3) A petition alleging a meretricious relationship under section 307 of the act (77 P. S. § 562).
(4) A petition for commutation under section 316 of the
act (77 P. S. § 604).
(5) A petition under section 317 of the act (77 P. S.
§ 603).
(6) A petition for rehearing or reconsideration under
section 426 of the act (77 P. S. § 871).
(7) A petition for attorney’s fees under section 442 or
501 of the act (77 P. S. §§ 998 and 1021).
§ 111.32. Form/content.
(a) Petitions and requests shall contain and be accompanied by the following:
(1) A short statement setting forth the reasons and
basis for the petition or request.
(2) The facts upon which the petition or request is
based.
(3) A specific statement as to the issues of law, if any,
involved in the petition or request.
(4) An explanation as to the status of the case, including the status of a pending appeal or petition before a
judge, the Board or a court.
(5) The employment status of the claimant.
(6) A proof of service as specified in § 111.12(e) (relating to filing, service and proof of service), insofar as
applicable.
(b) Petitions and requests shall be served on all parties
and on the judge if the case is pending before a judge.
(c) An original petition and request shall be filed.
(d) Subsections (a)—(c) supersede 1 Pa. Code §§ 31.5,
33.1—33.4, 33.11, 33.12, 33.15, 33.21—33.23, 35.1, 35.2
and 35.17.
§ 111.34. Answers to petitions.
(a) An answer to a petition or request may be filed
with the Board within 20 days of service of the petition or
request.
(b) An original answer shall be filed.
(c) An answer filed shall be served on all parties.
(d) An answer filed shall be accompanied by a proof of
service as specified in § 111.12(e) (relating to filing,
service and proof of service), insofar as applicable.
(e) Subsections (a)—(d) supersede 1 Pa. Code §§ 33.15
and 35.35 (relating to number of copies; and answers to
complaints and petitions).
PART VIII. BUREAU OF WORKERS’
COMPENSATION
CHAPTER 131. SPECIAL RULES OF
ADMINISTRATIVE PRACTICE AND PROCEDURE
BEFORE WORKERS’ COMPENSATION JUDGES
Subchapter A. GENERAL PROVISIONS
§ 131.3. Waiver and modification of rules.
(a) The judge may, for good cause, waive or modify a
provision of this chapter, except as otherwise provided in
§§ 131.59b(a) and 131.202 (relating to mandatory mediation; and first hearing information and stay), upon motion
of a party, agreement of all parties or upon the judge’s
own motion.
(b) Subsection (a) supersedes 1 Pa. Code §§ 33.61,
35.18, 35.54 and 35.55 and also supersedes 1 Pa. Code
Chapter 35, Subchapter D (relating to motions).
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§ 131.5. Definitions.
(a) The following words and terms, when used in this
chapter, have the following meanings, unless the context
clearly indicates otherwise:
Act—The Workers’ Compensation Act (77 P. S. §§ 1—
1041.4 and 2501—2708).
Additional defendant—An insurance carrier, the Commonwealth or an employer, other than the insurance
carrier or employer against which the original petition
was filed, joined under this chapter, not including the
Uninsured Employers Guaranty Fund.
Adjudicating judge—A judge assigned to hold hearings
and issue decisions relating to a petition or petitions.
Board—The Workers’ Compensation Appeal Board.
Challenge proceeding—A proceeding governed by
§ 131.50a (relating to employee request for special
supersedeas hearing under section 413(c) and (d) of the
act).
Claim petition—A petition filed with the Department
under section 410 of the act (77 P. S. § 751).
Claimant—An individual who files a petition for, or
otherwise receives, benefits under the act or the Disease
Law.
Defendant—An employer, insurance carrier and the
Commonwealth, unless specifically designated individually, and the Uninsured Employers Guaranty Fund, except for purposes of joinder, penalties or assessment of
counsel fees under section 440 of the act (77 P. S. § 996).
Department—The Department of Labor and Industry of
the Commonwealth.
Department record—Official copies of documents received by the Department, on forms prescribed by the
Department, if forms prescribed by the Department are
available, or official copies of documents received by the
Department on forms prepared by a party if forms
prescribed by the Department are not available, which
record transactions between the parties and which are
determined by the judge to pertain to the case.
Director of Adjudication—The individual specified in
section 1402 of the act (77 P. S. § 2502).
Disease Law—The Pennsylvania Occupational Disease
Act (77 P. S. §§ 1201—1603).
Insurer—A workers’ compensation insurance carrier or
self-insured employer, as applicable.
Judge—A workers’ compensation judge assigned by the
Office of Adjudication as provided in sections 401 and
401.1 of the act (77 P. S. §§ 701 and 710) or assigned by
the Office of Adjudication to determine a petition filed
under the act or the Disease Law.
Judge manager—A workers’ compensation judge with
management responsibilities appointed under the Civil
Service Act (71 P. S. §§ 741.1—741.1005).
Mandatory mediation—A mediation conducted by a
mediating judge under § 131.59b (relating to mandatory
mediation).
Mediating judge—A judge assigned to mediate petitions
in accordance with sections 401 and 401.1 of the act and
this chapter.
Mediation—A conference conducted by a judge, having
as its purpose an attempt to reconcile any or all disputes
under the act or this chapter existing between contending
parties. Mediation can be either mandatory or voluntary.
7847
Office of Adjudication—The Office of the Department
created under section 1401(a) of the act (77 P. S.
§ 2501(a)).
Party—A claimant, defendant, employer, insurance carrier, additional defendant, health care provider and, if
relevant, the Commonwealth and the Uninsured Employers Guaranty Fund. An act required or authorized by this
chapter, to be done by or to a party, may be done by or to
that party’s counsel of record.
Penalty proceeding—A proceeding governed by section
435(d) of the act (77 P. S. § 991(d)).
Records of work environment—Records and documents
relating to work place health, safety, hazards and exposure, including records or documents which may be
obtained under the Worker and Community Right-toKnow Act (35 P. S. §§ 7301—7320) and 29 CFR 1901.1—
1928.1027 (relating to Occupational Safety and Health
Administration, Department of Labor).
Resolution hearing—A procedure established by the
Office of Adjudication with the sole purpose of providing a
venue to present a compromise and release to a judge in
an expedited fashion.
Statement previously made—A written statement
signed or otherwise adopted or approved by the persons
making it, or a stenographic, mechanical, electrical,
computer-generated or other recording, or transcription
thereof, which is a substantially verbatim recital of an
oral statement by the person making it and contemporaneously recorded. The term does not include statements
made by parties which are protected by the attorneyclient privilege or which are protected as the work
product of counsel.
Supersedeas—A temporary stay affecting a workers’
compensation case.
UEGF—Uninsured Employers Guaranty Fund—The
special fund established under Article XVI of the act (77
P. S. §§ 2701—2708).
UEGF claim petition—A petition filed with the Department under section 1604 of the act (77 P. S. § 2704)
Voluntary mediation—A mediation conducted by a judge
under § 131.59a (relating to voluntary mediation) upon
the agreement of the contending parties and the judge.
Writing—Includes electronic communications in a format as prescribed by the Department.
(b) Subsection (a) supersedes 1 Pa. Code §§ 31.3 and
33.33 (relating to definitions; and effect of service upon an
attorney).
Subchapter B. TIME
§ 131.11. Filing, service and proof of service.
(a) Whenever filing is required by this chapter, it is
deemed complete upon one of the following:
(1) Delivery in person.
(2) If by electronic submission, upon receipt at the
electronic address and in a format as prescribed by the
Department and published in the Pennsylvania Bulletin
or the Department’s web site located at www.dli.state.
pa.us.
(3) If by mail, upon deposit in the United States mail,
properly addressed, postage or charges prepaid, as evidenced by one of the following:
(i) United States Postal Service postmark.
(ii) United States Postal Service Certificate of Mailing
(USPS Form 3817 or other similar United States Postal
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Service form from which the date of deposit can be
verified), enclosed with the filing or submitted separately
to the Department.
(4) A filing may be delivered by a common carrier of
property which is subject to the authority of the Pennsylvania Public Utility Commission or the United States
National Surface Transportation Board. The date of filing
is the date the document was delivered to the common
carrier, as established by a document or other record
prepared by the common carrier in the normal course of
business. If the date of delivery to the common carrier
cannot be determined by the documents in the record, the
date of filing will be the date of its receipt by the
Department.
(b) Whenever service is required by this chapter, it is
deemed complete upon one of the following:
(1) Delivery in person.
(2) If by electronic submission, upon receipt and in a
format as prescribed by the Department and published in
the Pennsylvania Bulletin or the Department’s web site
located at www.dli.state.pa.us.
(3) Except as provided in § 131.81(b) (relating to subpoenas), if by mail, upon deposit in the United States
Mail properly addressed, postage or charges prepaid and
accompanied by proof of service.
(c) Any notice or other written communication required
to be served upon or furnished to a party shall also be
served upon or furnished to the party’s attorney in the
same manner as it is served upon the party.
(d) Whenever a proof of service is required by this
chapter, the proof of service must contain the following:
(1) A statement of the date of service.
(2) The names of the judge and others served.
(3) The mailing address, the applicable zip code and
the manner of service on the judge and others served,
and, if applicable, the electronic address to which service
was made.
(e) Unless otherwise specifically provided in this chapter, whenever the filing or service is required to be made
upon the Department, it shall be made to an address as
may be published in the Pennsylvania Bulletin and on the
Department’s web site located at www.dli.state.pa.us.
Electronic filing and service on the Department shall be
at the electronic address and in a format as prescribed by
the Department and published in the Pennsylvania Bulletin and on the Department’s web site located at www.dli.
state.pa.us.
(f) Subsections (a)—(e) supersede 1 Pa. Code §§ 31.5,
31.11, 31.13, 31.14, 31.26, 33.32 and 33.34—33.36.
(b) Any petition, filed in accordance with this chapter,
shall be filed with the Department as prescribed by the
form. If there is no applicable Department petition form
available, an original of the petition shall be filed with
the Department. The Department will serve a notice of
assignment specifying the judge to whom the petition has
been assigned. The notice will be served on the parties
named in the petition.
(c) Concurrently with filing the petition with the Department, the moving party shall serve a copy of the
petition on all other parties, including the insurance
carrier, if the insurance carrier is known, and on the
attorneys of all other parties, if the attorneys are known.
(d) The material facts on which a cause of action or
defense is based shall be stated in a concise and summary
form.
(e) Subsections (a)—(d) supersede 1 Pa. Code §§ 31.26,
33.15, 33.21—33.23, 33.31, 33.32, 33.37, 35.1, 35.2, 35.5—
35.7, 35.9-35.11, 35.14, 35.17—35.20, 35.23, 35.24 and
35.27—35.32.
§ 131.33. Answers except answers to petitions for
joinder and challenge proceedings.
(a) Answers to claim petitions shall be filed in accordance with section 416 of the act (77 P. S. § 821) within 20
days after the date of assignment to the judge. Except
petitions for joinder under § 131.36 (relating to joinder),
and challenge proceedings which require no answer,
answers to all other petitions may be filed within 20 days
after the date of assignment to the judge.
(b) Any answer filed in accordance with this chapter
shall be filed with the Department as prescribed on the
answer form. If there is no applicable Department answer
form available, an original of the answer shall be filed
with the Department.
(c) Concurrently with filing the answer, the responding
party shall serve a copy of the answer on unrepresented
parties and on counsel of record.
(d) An answer shall admit or deny each averment of
fact in the petition or any part of the averment to which
it is responsive. A party denying only a part of the
averment shall specify so much of it as is admitted and
shall deny the remainder. Where applicable, admissions
and denials in an answer shall refer to the specific
paragraph in which the averment admitted or denied is
set forth.
(e) Subsections (a)—(d) supersede 1 Pa. Code §§ 33.15,
33.37, 35.35—35.41, 35.54, 35.55 and 35.161 and also
supersede 1 Pa. Code Chapter 35, Subchapter D (relating
to motions).
Subchapter C. FORMAL PROCEEDINGS
GENERAL
§ 131.21. Identifying number.
(a) Pleadings, documents and other submittals filed in
a proceeding shall be identified by an identifying number
assigned by the Department.
(b) Subsection (a) supersedes 1 Pa. Code §§ 31.5, 33.1
and 33.51 (relating to communications and filings generally; title; and docket).
PLEADINGS
§ 131.32. Petitions except petitions for joinder and
challenge proceedings.
(a) Petitions shall be in the form prescribed by the
Department.
(a) A party desiring to join another defendant to assert
a claim relevant to the pending petition may do so as a
matter of right by filing a petition for joinder.
(b) A petition for joinder shall set forth the identity of
employers and insurance carriers sought to be joined and
the reasons for joining a particular employer or insurance
carrier as well as the specific facts and the legal basis for
the joinder.
(c) The petition for joinder shall have attached to it
copies of petitions and answers previously filed and a list
of the dates and locations of all prior hearings held and
depositions taken.
(d) The petition for joinder form shall be filed with the
Department no later than 20 days after the first hearing
at which evidence is received regarding the reason for
§ 131.36. Joinder.
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
RULES AND REGULATIONS
which joinder is sought, unless the time is extended by
the judge for good cause shown.
(e) An answer to a petition for joinder shall be filed in
accordance with section 416 of the act (77 P. S. § 821)
within 20 days after the date of assignment by the
Department to the judge and may include a motion to
strike.
(f) A party filing a petition for joinder or an answer to
it shall serve unrepresented parties and counsel of record.
(g) A proof of service shall be attached to the petition
for joinder or answer.
(h) After joinder, the original petition shall be deemed
amended to assert a claim of the claimant against an
additional defendant. The additional defendant is liable to
any other party as the judge orders. The additional
defendant shall have the same rights and responsibilities
under this chapter as the original defendant.
(i) The judge may strike the petition for joinder, and
the judge may order the severance or separate hearing of
a claim presented therein, or as a result of the joinder.
(j) The judge will issue an order when the motion to
strike a petition for joinder is granted.
(k) An order to strike a petition for joinder does not
preclude or delay further proceedings before the judge.
(l) Subsections (a)—(k) supersede 1 Pa. Code §§ 31.5,
33.41, 33.42, 35.11, 35.35, 35.40, 35.48—35.51, 35.54 and
35.55 and also supersede 1 Pa. Code Chapter 35,
Subchapter D (relating to motions).
SUPERSEDEAS
§ 131.50. Return to work—modification or suspension.
(a) If an employee returns to work, the insurer may
modify or suspend the workers’ compensation benefits.
(b) The insurer shall complete and file the form prescribed by the Department. The form shall be provided to
the employee, employee’s counsel, if known, and the
Department within 7 days of the effective date of the
suspension or modification of the workers’ compensation
benefits.
(c) When the insurer previously modified or suspended
the employee’s benefits under sections 413(c) or 413(d) of
the act (77 P. S. §§ 774.2 and 774.3), to effectuate a
subsequent modification or suspension of the employee’s
workers’ compensation benefits, the insurer shall file the
form specified in subsection (b), indicating the change in
the employee’s wages and corresponding change in the
employee’s workers’ compensation benefits.
(d) Subsections (a)—(c) supersede 1 Pa. Code § 33.33
(relating to effect of service upon an attorney).
HEARING PROCEDURE
§ 131.52. First hearing procedures.
*
*
*
*
*
(e) The parties shall identify and provide, if not otherwise electronically available to the judge, all documents
required by law to be filed with the Department and
which are relevant to issues in dispute with the same
injury date and pertaining to the same claim. The judge
will place those documents in evidence along with any
other documents required to be filed by law with the
Department or prior judges and which the judge deems
7849
relevant to the proceeding. The judge and the employee
may not introduce the First Report of Injury into evidence.
*
*
*
*
*
§ 131.53b. Bifurcation and motions for disposition
of a petition.
(a) The judge may, upon request or upon the judge’s
own motion, consider bifurcation of issues to promote
expeditious resolution of cases.
(b) A motion which may result in disposition of a
petition may be filed at any time. A response shall be
made within a time specified by the judge. The judge will
issue an order granting or denying the motion, or will
provide reasons why the motion will not be ruled upon,
within 30 days of when the response is due. If the motion
will not be ruled upon, the judge will articulate in writing
or on the record the reasons for not ruling on the motion.
Pendency of the motion will not operate as a stay.
(c) Subsections (a) and (b) supersede 1 Pa. Code
§§ 35.54, 35.55, 35.177—35.180 and 35.225.
§ 131.55. Attorney fees and costs.
(a) In all cases, claimant’s counsel shall submit a copy
of the fee agreement, and a copy of any statement or
claim for disbursements, costs and expenses. No agreement or claim for fees or other disbursements, costs or
expenses by claimant’s counsel shall be valid, and no
payments shall be made pursuant thereto, unless approved for payment by the judge before whom the matter
is heard or by the Board as provided by law. Except as
otherwise approved, no further fee, cost or expense is to
be charged.
(b) Under section 440 of the act (77 P. S. § 996), in a
disputed claim under the act when the employer or
insurer has contested liability in whole or in part, the
employee or a dependent, in whose favor the proceeding
has been finally decided, will be awarded attorney fees
and costs against the employer or insurer, unless the
employer or insurer had a reasonable basis for contesting
the petition.
(c) Claimant’s counsel may file an application for quantum meruit fees at or before the filing of proposed
findings of fact, proposed conclusions of law and briefs,
and if there are no proposed findings of fact, proposed
conclusions of law or briefs requested, at or before the
close of the record. The application shall detail the
calculation of the fee requested, shall itemize the services
rendered and time expended and shall address all factors
enumerated in section 440 of the act in support of the
application.
(d) Within 15 days after service of the application for
quantum meruit fees, an opposing party may file a
response to the application detailing the objections to the
fee requested.
(e) A decision on the fee award will be made based on
the record of the case and, if filed, the application and
response. If deemed appropriate by the judge, a hearing
may be held and evidence presented.
(f) The application and response will be made exhibits
of record and shall be served on unrepresented parties
and counsel of record as provided in § 131.34(a) (relating
to other filings).
(g) Subsections (a)—(f) supersede 1 Pa. Code §§ 35.1
and 35.2 (relating to applications generally; and contents
of applications).
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
7850
RULES AND REGULATIONS
§ 131.57. Compromise and release agreements.
(a) Under section 449 of the act (77 P. S. § 1000.5),
upon or after filing a petition, the parties may engage in
a compromise and release of any and all liability which is
claimed to exist under the act on account of injury or
death, subject to approval by the judge after consideration
at a hearing.
(b) Proposed compromise and release agreements, including the stipulations of the parties, shall be recorded
on a form prescribed by the Department. The parties may
attach additional information to the form if circumstances
so require.
(c) If another petition is pending before a judge at the
time of the agreement of the parties to compromise and
release the claim, any party may, in writing, request the
judge to schedule a hearing on the proposed compromise
and release agreement. The written request will be
treated as an amendment of the pending matter to a
petition to seek approval of a compromise and release
agreement.
(d) The judge will expedite the convening of a hearing
on the compromise and release agreement. The judge will
circulate a written decision on the proposed compromise
and release agreement within 30 days after the hearing.
This subsection does not apply if a resolution hearing has
been requested in accordance with § 131.60 (relating to
resolution hearings).
(e) Subsections (a)—(d) supercede 1 Pa. Code §§ 33.42,
35.40, 35.41, 35.48—35.51, 35.101—35.106, 35.111—
35.116, 35.121—35.128 and 35.155.
§ 131.58. Informal conferences.
(a) Under section 402.1 of the act (77 P. S. § 711.1), the
parties upon, or after, filing a petition may agree to
participate in an informal conference.
(b) All parties shall agree to participate in the informal
conference.
(c) The request for the informal conference shall be
recorded on a form prescribed by the Department and
filed with the judge to whom the pending petition has
been assigned.
(d) If no petition is pending, a petition and corresponding request for the informal conference shall be filed with
the Department on a form prescribed by the Department.
(e) The informal conference will be governed by the
instructions and procedures specified on the form prescribed by the Department and by section 402.1 of the
act.
(f) The request shall be served on all parties and the
adjudicating judge.
(g) Subsections (a)—(f) supersede 1 Pa. Code
§§ 31.21—31.23 and 35.111—35.116.
§ 131.60. Resolution hearings.
(a) A resolution hearing must be requested in writing.
(b) Counsel for either party, or any unrepresented
party, may request a resolution hearing at any time after
all parties are prepared to proceed within the time limits
prescribed by the act and this rule for resolution hearings.
Judge Manager for the judge’s office serving the county of
the claimant’s residence. If the claimant resides outside of
this Commonwealth, the request must be directed to the
Judge Manager for the judge’s office most proximate to
the claimant’s residence. The Judge Manager will assign
a judge to conduct the resolution hearing.
(e) The assigned judge’s office will schedule the resolution hearing within 14 business days of receiving the
request for a resolution hearing.
(f) The Judge Manager may reassign any case from one
judge to another to ensure compliance with the resolution
hearing requirements of sections 401 and 401.1 of the act
(77 P. S. §§ 701 and 710). The Judge Manager will notify
both judges of the reassignment.
(g) The judge conducting the resolution hearing will
require proof that a petition has been filed with the
Department under § 131.11 (relating to filing, service and
proof of service), and will make the proof a part of the
record. Upon receiving the proof, the judge shall proceed
with the hearing and circulate a final decision within 5
business days of the hearing.
(h) The assigned judge need not comply with the
procedures in this rule if any party is unable to proceed
within the time limits established by the act for resolution hearings.
(i) Subsections (a)—(h) supersede 1 Pa. Code
§§ 31.21—31.23, 35.48—35.51, 35.111—35.116, 35.185,
35.201—35.207 and 35.226.
EXCHANGE OF INFORMATION AND
DEPOSITIONS AND DISCOVERY
§ 131.63. Time for taking oral depositions.
(a) An oral deposition may be taken at any time
subsequent to 30 days after the date of assignment of the
petition by the Department.
(b) Oral depositions shall be completed so as not to
delay unreasonably the conclusion of the proceedings, and
within a time schedule agreed upon by the parties and
approved by the judge provided that medical depositions
shall be completed as specified in subsections (c) and (e).
(c) The deposition of a medical expert testifying for the
moving party shall be taken within 90 days of the date of
the first hearing scheduled unless the time is extended or
shortened by the judge for good cause shown. The deposition of a medical expert testifying for the responding
party shall be taken within 90 days of the date of the
deposition of the last medical expert testifying on behalf
of the moving party.
(d) A party wishing to present depositions for rebuttal
or surrebuttal shall notify the judge in writing within 21
days after the conduct of the hearing or deposition at
which the testimony to be rebutted or surrebutted has
been given.
(e) Depositions for rebuttal or surrebuttal shall be
taken in accordance with § 131.53(e) (relating to procedures subsequent to the first hearing).
(c) If a petition is pending before a judge, the request
for a resolution hearing must be directed to the assigned
judge.
(f) If a party fails to abide by the time limits established by this section for submitting evidence, the evidence will not be admitted, relied upon or utilized in the
proceedings or the judge’s rulings.
(d) If a petition is not pending before a judge, the
request for a resolution hearing must be directed to the
(g) Subsections (a)—(f) supersede 1 Pa. Code §§ 35.145—
35.152, 35.161 and 35.162.
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
RULES AND REGULATIONS
SUBPOENAS
§ 131.81. Subpoenas.
(a) Upon written or electronic request of a party or
counsel of record in a pending proceeding, the judge will
issue a subpoena to compel the attendance of a witness or
require the production of books, documents, records, CDROMs, diskettes, other digital recordings or other things
relevant to the proceeding at a scheduled hearing or
deposition within the scope of, and scheduled under, this
chapter. The party requesting a subpoena shall complete
the subpoena and serve the judge with the original
written request and shall serve a copy of the written
request on unrepresented parties and counsel of record as
provided in § 131.34(a) (relating to other filings).
(b) Subpoenas may not be served until 10 days from
the date of issuance unless waived by agreement of the
parties.
(c) The party, counsel of record or their respective
agents requesting a subpoena shall serve the subpoena
that the judge has issued upon the witness or person
subpoenaed and upon opposing counsel.
(1) Service shall be made by one of the following:
(i) Personal service under the Pennsylvania Rules of
Civil Procedure.
(ii) Any form of mail requiring a return receipt postage
prepaid, restricted delivery or as provided in § 131.11(b)
(relating to filing, service and proof of service).
(2) The fee for 1 day’s attendance and roundtrip mileage shall be tendered upon demand at the time the
person is served with the subpoena. If a subpoena is
served by mail, a check in the amount of 1 day’s
attendance and round-trip mileage shall be enclosed with
the subpoena. The fee for 1 day’s attendance and
roundtrip mileage is as prescribed in 42 Pa.C.S.
§§ 5901—5988 (relating to depositions and witnesses).
(d) Upon the filing of written objections by a person
served with a subpoena or a party, the judge may, after
notice to counsel of record and unrepresented parties,
promptly quash or limit the scope of a subpoena issued or
served.
(e) If the person fails to appear, or has given notice of
the intention not to appear, as required by a subpoena
duly served, the judge will upon request of a party,
communicate to the witness the requirements of the act
that the person so appear and advise the person of the
enforcement provisions under section 436 of the act (77
P. S. § 992).
(f) Subsections (a)—(e) supersede 1 Pa. Code §§ 35.139
and 35.142 (relating to fees of witnesses; and subpoenas).
STIPULATIONS
§ 131.91. Stipulations of fact.
(a) Stipulations of fact may be filed with the judge to
whom the case has been assigned.
(b) The judge may issue a decision based on stipulations of fact, if the judge is satisfied that:
(1) The stipulations of fact are fair and equitable to the
parties involved.
(2) The claimant understands the stipulations of fact
and the effect of the stipulations of fact on future
payments of compensation and medical expenses.
(3) The stipulation shall be signed and dated by the
claimant, all counsel participating in the agreement and
the employer, when unrepresented.
7851
(4) The stipulation states which petitions are being
resolved and which petitions are not being resolved.
(5) The stipulation states whether each petition should
be withdrawn, granted or dismissed, and whether the
parties are requesting an interlocutory or a final order.
(c) Subsections (a) and (b) supersede 1 Pa. Code
§ 35.155 (relating to presentation and effect of stipulations).
Subchapter D. PROCEEDINGS
INVOLVING THE UEGF
Sec.
131.201.
131.202.
131.203.
131.204.
Petitions.
First hearing information and stay.
Hearing procedures.
UEGF subpoenas and interrogatories.
§ 131.201. Petitions.
(a) All references to petitions in this subchapter are as
defined under § 131.5 (relating to definitions).
(b) Subsection (a) supersedes 1 Pa. Code § 31.3 (relating to definitions).
§ 131.202. First hearing information and stay.
(a) At the first hearing on a claim petition where no
UEGF claim petition has been filed and there is either no
insurer listed on the notice of assignment or the listed
insurer files a motion to dismiss for lack of coverage, the
judge will inform the claimant on the record of the
existence of the UEGF and give the claimant information
about the UEGF, as provided by the Office of Adjudication.
(b) If the claimant informs the judge on the record that
he may wish to file a UEGF claim petition, the judge will
stay the proceeding in the claim petition until 20 days
after the assignment of the UEGF claim petition. The
stay may not apply to the exchange of information
referenced in § 131.61 (relating to exchange of information).
(c) If no UEGF claim petition is filed within 45 days of
the first hearing, the claim petition will proceed against
the uninsured employer.
(d) If the claimant informs the judge on the record that
he does not wish to file a UEGF claim petition, testimony
may be taken as directed by the judge.
(e) In the interests of judicial economy and due process
to have all parties joined as soon as possible, and in
recognition of the uniqueness of the UEGF from other
types of workers’ compensation litigation, this section
cannot be waived or modified as otherwise provided in
§ 131.3 (relating to waiver and modification of rules).
(f) Subsections (a)—(e) supersede 1 Pa. Code §§ 33.61,
35.18, 35.123—35.128, 35.187 and 35.188.
§ 131.203. Hearing procedures.
(a) If the UEGF requests live testimony of witnesses
before the judge, the judge will schedule such hearings to
accommodate the request, unless denied for good cause
shown and stated on the record.
(b) Subsection (a) supersedes 1 Pa. Code §§ 35.101—
35.106, 35.111—35.116, 35.121—35.128, 35.137, 35.138,
35.155 and 35.161—35.169.
§ 131.204. UEGF subpoenas and interrogatories.
(a) The judge may issue subpoenas, order testimony or
compel the completion of written interrogatories with
respect to the alleged uninsured employer’s financial
history, condition or ability to pay an award.
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
7852
RULES AND REGULATIONS
(b) The judge may compel the attendance of all parties
at mediation.
(c) Subsections (a) and (b) supersede 1 Pa. Code
§§ 35.111—35.116, 35.137—35.147, 35.150, 35.161,
35.162, 35.187 and 35.188.
[Pa.B. Doc. No. 14-2617. Filed for public inspection December 19, 2014, 9:00 a.m.]
Title 52—PUBLIC UTILITIES
PENNSYLVANIA PUBLIC UTILITY COMMISSION
[ 52 PA. CODE CH. 5 ]
[ L-2014-2406251 ]
Electronic Access to Pre-Served Testimony
The Pennsylvania Public Utility Commission (Commission), on August 21, 2014, adopted a final rulemaking
order proposing regulations regarding procedures to be
followed for the electronic submission of testimony.
Executive Summary
On January 10, 2013, the Commission issued an Implementation Order regarding Electronic Access to PreServed Testimony at Docket No. M-2012-2331973 which
proposed to require parties, serving pre-served testimony
in certain proceedings, to comply with certain electronic
filing requirements. On March 20, 2014, the Pennsylvania
Public Utility Commission (Commission) issued a Proposed Rulemaking Order proposing to implement new
regulations to specifically require parties serving preserved testimony to, within thirty days after the final
hearing in an adjudicatory proceeding, either electronically file (eFile) with or provide to the Commission’s
Secretary’s Bureau a compact disc (CD) or other technology as prescribed by the Commission containing all
testimony furnished to the court reporter during the
proceeding.
The Commission proposed to implement these new
regulations in order to allow Commission staff, as well as
parties of record in an adjudicatory proceeding, to have
electronic access to parties’ public pre-served testimony
through the Commission’s case and document management system. Based upon our review and consideration of
the comments filed in response to our March 20, 2014
Proposed Rulemaking Order by the PECO Energy Company, the Office of Consumer Advocate and the Independent Regulatory Review Commission, the Commission
proposes to adopt the final regulations as set forth in
Annex A of the Final Rulemaking Order.
Public Meeting held
August 21, 2014
Commissioners Present: Robert F. Powelson, Chairperson;
John F. Coleman, Jr., Vice Chairperson; James H.
Cawley; Peamela A. Witmer; Gladys M. Brown
Electronic Access to Pre-Served Testimony;
Doc. No. L-2014-2406251
Final Rulemaking Order
By the Commission:
On March 20, 2014, the Pennsylvania Public Utility
Commission (Commission) issued a Proposed Rulemaking
Order proposing to implement new regulations to require
parties serving pre-served testimony to, within thirty
days after the final hearing in an adjudicatory proceed-
ing, either electronically file (eFile) with or provide to the
Commission’s Secretary’s Bureau a compact disc (CD) or
other technology as prescribed by the Commission containing all testimony furnished to the court reporter
during the proceeding. The Commission proposed to
implement these new regulations in order to allow Commission staff, as well as parties of record in an adjudicatory proceeding, to have electronic access to parties’
public pre-served testimony through the Commission’s
case and document management system. Based upon our
review and consideration of the comments filed by the
PECO Energy Company (PECO), the Office of Consumer
Advocate (OCA) and the Independent Regulatory Review
Commission (IRRC), we shall adopt the final regulations
as set forth in Annex A to this Order.
Discussion
In response to our proposed regulations set forth in the
March 20, 2014 Proposed Rulemaking Order and Annex A
thereto, the Commission received formal comments from
PECO, the OCA and IRRC.1 In its comments, PECO
commends the Commission in its efforts to find new and
useful ways to take advantage of the Commission’s
eFiling system through providing electronic access to
pre-served testimony.2 PECO specifically comments that
utilizing the Commission’s eFiling system effectively affords interested parties proper and easy access to documents, with pre-served testimony being a prime example
of that documentation.
The OCA also generally supports the Commission’s
proposed regulations. Through its comments, the OCA
seeks clarification of the certain procedures to be followed
for the electronic submission of pre-served testimony. The
OCA first comments that Section 5.412a(b)(3) of the
proposed regulations prescribes the labeling of pre-served
testimony submitted to the Commission. The OCA, however, notes that there can be additional pieces of preserved testimony that are not addressed in this section of
the proposed regulations, such as ‘‘supplemental direct
testimony’’ and ‘‘written rejoinder testimony.’’ The Commission agrees that there are additional pieces of preserved testimony that are not specifically set forth in
Section 5.412a(b)(3) of the proposed regulations. As the
purpose of this proposed section is to ensure that parties
consistently label their pre-served testimony filed with
the Commission, the Commission is merely providing
examples of its preferred formatting for the labeling of
pre-served testimony. Accordingly, the Commission will
revise Section 5.412a(b)(3) of the proposed regulations to
state as follows:
(3) Labeling of electronically submitted testimony.
Pre-served testimony electronically submitted to the
Commission shall be labeled consistent with the
following examples:
(i) ‘‘
St. No.
Direct Testimony of
(ii) ‘‘
of
St.
.’’
(iii) ‘‘
St. No.
.’’
No.
-R
Rebuttal
.’’
Testimony
-SR Surrebuttal Testimony of
In its comments, IRRC echoes the comments of the
OCA in that there may be additional pieces of pre-served
testimony that may be electronically filed which were not
originally addressed in Section 5.412a(b)(3) of the pro1
We also received informal internal comments from the Commission’s Administrative Law Judge Susan D. Colwell.
2
Although PECO filed its comments in response to the March 20, 2014 Proposed
Rulemaking Order after the filing deadline, the Commission considered these comments as no party or entity, including the Commission, were prejudiced by this delay.
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
RULES AND REGULATIONS
posed regulations. Because we have revised this section of
our proposed regulation to clearly indicate that pre-served
testimony must merely be labeled consistent with the
examples set forth therein, the Commission believes that
is has satisfied the OCA’s and IRRC’s concerns regarding
the labeling of pre-served testimony documents.
Next, the OCA comments that Section 5.412a(c) of the
proposed regulations requires parties to continue to submit two paper copies of the electronically submitted
pre-served testimony to the court reporter at the hearing.
In its comments, the OCA suggests that only one paper
version of the electronically submitted pre-served testimony be provided to the court reporter. Upon further
review of the electronic submission of pre-served testimony process, the Commission’s Secretary’s Bureau has
confirmed that the Commission only requires one paper
version of the pre-served testimony it receives from the
court reporter. Therefore, the Commission will revise
Section 5.412a(c) of the proposed regulations to require
only one paper version of the electronically submitted
pre-served testimony to be provided to the court reporter
at hearing.
On a related note, IRRC points out that subsection (c)
of the proposed regulations pertains to the submission of
paper copies of pre-served testimony to the court reporter
at hearing and asks why this provision is located under
proposed Section 5.412a (relating to the electronic submission of pre-served testimony) rather than under Section 5.412 (relating to written testimony). We note that
Section 5.412(g) of the Commission’s regulations refers to
the requirement for parties to provide copies of testimony
to the court reporter at hearing when filing written
testimony with the Commission whereas proposed Section
5.412a(c) requires parties to provide a copy of pre-served
testimony to the court reporter at hearing when electronically submitting pre-served testimony to the Commission.
Accordingly, by our proposed regulations regarding electronic access to pre-served testimony, the Commission has
made a distinction between certain testimony documents,
which may still be filed via hard copy, and pre-served
testimony documents, which must be filed electronically.
Accordingly, the Commission believes that the requirement to provide a copy of pre-served testimony to the
court reporter at hearing when filing such testimony with
the Commission should remain under proposed Section
5.412a as this section specifically relates to electronic
filing of pre-served testimony, as distinguished from the
filing of written testimony.3 We will, however, revise
Section 5.412a(c) of the proposed regulations to clarify
that such requirements regarding the submission of a
paper copy of pre-served testimony to the court reporter
at hearing are specifically applicable when electronically
filing pre-served testimony with the Commission.
The OCA’s next comment concerns access to pre-served
testimony to the public though the Commission’s website.
In its May 20, 2014 Proposed Rulemaking Order, the
Commission proposed that both Commission staff and all
parties of record in an adjudicatory proceeding will have
electronic access to pre-served testimony. The Commission
specifically noted that the Commission’s advisory staff is
aware of the need to consult the transcript for purposes of
determining which electronically submitted testimony has
been admitted into the official record. Similarly, the
Commission is confident that parties of record in an
adjudicatory proceeding are equally aware of the need for
3
By separate rulemaking, the Commission intends to propose the future revision of
Section 5.412(g) of our regulations to require parties to submit only one paper original,
rather than two paper copies, of written testimony documents filed with the
Commission to the court reporter at hearing for consistency with the requirements set
forth in this Final Rulemaking Order.
7853
such consultation. However, while the Commission is
confident that Commission staff and parties of record in
an adjudicatory proceeding are aware of the need to
consult the transcript for purposes of determining which
electronically submitted testimony was admitted into the
official record, the Commission is not certain that the
public is similarly aware of the need for such consultation. Accordingly, the Commission did not propose to
extend electronic access to pre-served testimony to the
public at this time.
In its comments, the OCA requests public access to
electronically submitted pre-served testimony that was
admitted into the record through the Commission’s website. The OCA specifically comments that if electronically
submitted pre-served testimony is shown on the Commission’s website with any strikeouts, corrections or modifications in place, then the public would not need to refer
to the transcript in order to know what the final version
of the testimony admitted into the record contains. However, as discussed in the March 20, 2014 Proposed
Rulemaking Order, because presiding officers of the Commission maintain different practices regarding the submission of testimony containing words and/or provisions
that have been modified or stricken at hearing, the
testimony required to be electronically submitted to the
Commission must match exactly the copy of the testimony
that the presiding officer has required to be submitted to
the court reporter at hearing. Accordingly, if a presiding
officer does not require parties to make modifications to
testimony before submitting the testimony to the court
reporter (even though portions of that testimony are
stricken during the hearing), that party will electronically
submit to the Commission a clean copy of the testimony
containing the stricken material.4
As a result of this requirement for parties to file an
exact copy of the pre-served testimony that was submitted to the court reporter at hearing, the electronically
submitted testimony that is submitted to the Commission
which would be published for public viewing on the
Commission’s website may contain material which was
not admitted into the official record. As the Commission
is not able to provide the public with electronic access to
hearing transcripts (per our court reporting contracts) in
order for the public to determine which material was
admitted into the official record, it is possible that the
public might be viewing testimony that was not admitted
into the record. As viewing testimony which was not
admitted into the official record in a proceeding will likely
be misleading and cause confusion to the public, the
Commission does not agree with the OCA that electronically submitted testimony should be published on the
Commission’s website for public viewing at this time.5
In its comments, IRRC has specifically asked the
Commission to explain how ‘‘barring’’ the public’s electronic access to pre-served testimony is in the public’s
interest. It is important to note, however, that the
Commission has never provided the public with electronic
access to pre-served testimony documents through its
website. Accordingly, the Commission is not taking away
electronic access to pre-served testimony documents from
the public, but rather providing electronic access to the
Commission staff and parties of record in an adjudicatory
proceeding for convenience purposes. In addition, elec4
When reviewing this type of electronically submitted testimony, both Commission
staff and parties of record are provided with copies of the hearing transcript in order to
appropriately determine which testimony has been admitted into the official record.
5
Additionally, the Commission does not currently have the resources required for its
staff to manually modify all electronically submitted pre-served testimony to ensure
such testimony contains only material which was admitted into the official record (by
reviewing all transcript modifications) before making this testimony available to the
public on the Commission’s website.
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tronic access to these documents by the public from the
Commission’s website could result in pre-served testimony documents containing text that has been subsequently stricken to be widely distributed in error. Thus,
the benefit of immediate website access to the public
must be measured against the detriment of distributing
pre-served testimony documents containing stricken material.
Although the public will not be provided with electronic
access to these documents, the public can continue to
access pre-served testimony documents in paper form
(along with the hearing transcripts) through the Commission’s Secretary’s Bureau. As mentioned previously, the
Commission is not permitted to place hearing transcripts
provided by the court reporter on our website for public
viewing. Therefore, the Commission believes that it is in
the best interest of the public to continue to allow the
public to access pre-served testimony documents in paper
form (along with the transcripts) through the Commission’s Secretary’s Bureau rather than causing confusion
by providing the public with electronic access to preserved testimony documents without having electronic
access to hearing transcripts.
In its comments, the OCA also asks how parties of
record with Commission eFiling accounts would be able to
access pre-served testimony on the Commission’s website.
However, the only documents placed on the Commission’s
website are those available for public viewing. As previously mentioned, the Commission is not providing access
to electronically submitted pre-served testimony to the
public at this time. Accordingly, parties of record may
only obtain electronic access to parties’ electronically
submitted pre-served testimony through the Commission’s case and document management system.
In its comments, IRRC asks that the Commission
incorporate certain details contained in footnotes in the
March 20, 2014 Proposed Rulemaking Order into our
proposed regulations regarding the electronic submission
of pre-served testimony so that parties are better able to
meet the requirements for the submission of such testimony. Specifically, IRRC first requests that we explain in
further detail how parties should revise testimony that
has been stricken and/or modified at hearing prior to
electronically submitting the testimony to the Commission. To address the specific details of these requirements,
we will add subsections (b)(2)(i) and (ii) to our proposed
regulations. Second, IRRC requests that we specifically
discuss the types of documents excluded from our proposed electronic submission requirements. The Commission will specifically set forth the documents excluded
from our proposed electronic submission requirements by
adding an additional sentence to the end of Section
5.412a(b) of our proposed regulations. Third, IRRC requests that the Commission specifically provide in our
proposed regulations that in order to view electronically
submitted testimony and to receive action alerts that
testimony has been electronically submitted to the Commission, parties must have an eFiling account with the
Commission. To inform parties that they must have an
eFiling account to view such testimony and to receive
daily action alerts that such testimony has been submitted to the Commission, we will add subsection (f) to our
proposed regulations.
Finally, IRRC requests that the Commission include the
anticipated fiscal impact associated with the implementation of our proposed electronic submission of pre-served
testimony regulations on the Commission itself. The
Commission will include an analysis of such fiscal impact
on the Regulatory Analysis Form submitted to IRRC
along with this Final Rulemaking Order.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71
P. S. § 745.5(a)), on May 1, 2014, the Commission submitted a copy of the notice of proposed rulemaking, published
at 44 Pa.B. 2868 (May 17, 2014), to IRRC and the
Chairpersons of the House Consumer Affairs Committee
and the Senate Consumer Protection and Professional
Licensure Committee for review and comment.
Under section 5(c) of the Regulatory Review Act, IRRC
and the House and Senate Committees were provided
with copies of the comments received during the public
comment period, as well as other documents when requested. In preparing the final-form rulemaking, the
Commission has considered all comments from IRRC, the
House and Senate Committees and the public.
Under section 5.1(j.2) of the Regulatory Review Act (71
P. S. § 745.5a(j.2)), on November 5, 2014, the final-form
rulemaking was deemed approved by the House and
Senate Committees. Under section 5.1(e) of the Regulatory Review Act, IRRC met on November 6, 2014, and
approved the final-form rulemaking.
Conclusion
Requiring parties to, within thirty days after the final
hearing in an adjudicatory proceeding (unless such time
period is otherwise modified by the presiding officer),
either eFile with or provide to the Secretary’s Bureau a
CD (or other prescribed technology) containing all testimony furnished to the court reporter during the proceeding will accommodate the need to provide Commission
staff and parties of record electronic access to pre-served
testimony through the Commission’s case and document
management system. The regulations contained in Annex
A to this Order set forth the specific procedures to be
followed for the electronic submission of pre-served testimony. The Commission, therefore, formally adopts the
final regulations as set forth in Annex A to this Order.
Accordingly, under sections 332, 333 and 501 of the
Public Utility Code (66 Pa.C.S. §§ 332, 333 and 501); and
sections 201 and 202 of the act of July 31, 1968 (P. L. 769,
No. 240) (45 P. S. §§ 1201 and 1202), and the regulations
promulgated thereunder at 1 Pa. Code §§ 7.1, 7.2 and 7.5;
section 204(b) of the Commonwealth Attorneys Act (71
P. S. § 732.204(b)); section 745.5 of the Regulatory Review Act (71 P. S. § 745.5) and section 612 of The
Administrative Code of 1929 (71 P. S. § 232), and the
regulations promulgated thereunder at 4 Pa. Code
§§ 7.231—7.234, we will adopt as final the regulations as
set forth in Annex A; Therefore,
It Is Ordered That:
1. The regulations of the Commission, 52 Pa. Code
Chapter 5, are amended by adding § 5.412a and amending § 5.412 to read as set forth in Annex A.
2. The Secretary shall submit this order and Annex A
to the Office of Attorney General for approval as to
legality.
3. The Secretary shall submit this order and Annex A
to the Governor’s Budget Office for review of fiscal
impact.
4. The Secretary shall submit this order and Annex A
for review by the designated standing committees of both
houses of the General Assembly, and for review and
approval by the Independent Regulatory Review Commission.
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
RULES AND REGULATIONS
5. The Secretary shall duly certify this order and
Annex A with the Legislative Reference Bureau for
publication in the Pennsylvania Bulletin.
6. These regulations shall become effective upon publication in the Pennsylvania Bulletin.
7. This order and Annex A be posted on the Commission’s website.
8. A copy of this order and Annex A shall be served on
the Bureau of Investigation and Enforcement, the Office
of Consumer Advocate, the Office of Small Business
Advocate, and all parties who commented on the March
20, 2014 Proposed Rulemaking Order.
9. The contact person for legal matters for this final
rulemaking is Krystle J. Sacavage, Assistant Counsel,
Law Bureau, (717) 787-5262. Alternate formats of this
document are available to persons with disabilities and
may be obtained by contacting Sherri DelBiondo, Regulatory Coordinator, Law Bureau, (717) 772-4597.
ROSEMARY CHIAVETTA,
Secretary
(Editor’s Note: For the text of the order of the Independent Regulatory Review Commission relating to this
document, see 44 Pa.B. 7424 (November 22, 2014).)
Fiscal Note: Fiscal Note 57-303 remains valid for the
final adoption of the subject regulations.
Annex A
TITLE 52. PUBLIC UTILITIES
PART I. PUBLIC UTILITY COMMISSION
Subpart A. GENERAL PROVISIONS
CHAPTER 5. FORMAL PROCEEDINGS
Subchapter E. EVIDENCE AND WITNESSES
WITNESSES
§ 5.412. Written testimony.
(a) General. Use of written testimony in Commission
proceedings is encouraged, especially in connection with
the testimony of expert witnesses. Written direct testimony is required of expert witnesses testifying in rate
cases.
(b) Use. The presiding officer may direct that expert
testimony to be given upon direct examination be submitted as prepared written testimony. A reasonable period of
time will be allowed to prepare written testimony.
(c) Rules regarding use. Written testimony is subject to
the same rules of admissibility and cross-examination of
the sponsoring witness as if it were presented orally in
the usual manner.
(d) Cross-examination. Cross-examination of the witness presenting written testimony shall proceed at the
hearing at which testimony is authenticated if service of
the written testimony is made upon each party of record
at least 20 days prior to the hearing, unless the presiding
officer for good cause otherwise directs. In a rate proceeding, the presiding officer or the Commission will establish
the schedule for the filing and authentication of written
testimony, and for cross-examination by other parties.
(e) Form. Written testimony must normally be prepared in question and answer form, include a statement
of the qualifications of the witness and be accompanied by
exhibits to which it relates. A party offering prepared
7855
written testimony shall insert line numbers in the lefthand margin on each page. A party should also use a
logical and sequential numbering system to identify the
written testimony of individual witnesses.
(f) Service. Written testimony shall be served upon the
presiding officer and parties in the proceeding in accordance with the schedule established by this chapter. At the
same time the testimony is served, a certificate of service
for the testimony shall be filed with the Secretary.
Pre-served testimony furnished to the court reporter
during an adjudicatory proceeding before the Commission
shall be filed with the Commission as required under
§ 5.412a (relating to electronic submission of pre-served
testimony).
(g) Copies. At the hearing at which the testimony is
authenticated, counsel for the witness shall provide two
copies of the testimony to the court reporter.
(h) Supersession. Subsections (a)—(g) supersede 1
Pa. Code §§ 35.138, 35.150 and 35.166 (relating to expert
witnesses; scope and conduct of examination; and prepared expert testimony).
§ 5.412a. Electronic submission of pre-served testimony.
(a) General requirement for electronic submission. A
party serving pre-served testimony in proceedings pending before the Commission under § 5.412(f) (relating to
written testimony) is required, within 30 days after the
final hearing in an adjudicatory proceeding, unless the
time period is otherwise modified by the presiding officer,
to electronically file with, under § 1.32(b) (relating to
filing specifications), or provide to the Secretary’s Bureau
a compact disc or technology prescribed by the Commission containing the testimony furnished by the party to
the court reporter during the proceeding.
(b) Form of electronic submission. Electronically submitted testimony must be limited to pre-served testimony
documents and be in Portable Document Format. Exhibits
attached to pre-served testimony documents may be
electronically submitted to the Commission in accordance
with subsection (a). Exhibits not electronically submitted
with pre-served testimony shall be submitted in paper
form to the court reporter at hearing. The electronic
submission requirements in this section do not apply to
discovery requests or responses, or pre-filed testimony,
including testimony filed under § 53.53(c) (relating to
information to be furnished with proposed general rate
increase filings in excess of $1 million).
(1) Electronic submission. Each piece of pre-served
testimony filed through the Commission’s electronic filing
system shall be uploaded separately. Each piece of preserved testimony submitted to the Secretary’s Bureau on
a compact disc or other technology as prescribed by the
Commission may be uploaded onto one compact disc,
pending file size limitations.
(2) Electronic submission of testimony modified at hearing. Pre-served testimony submitted to the Commission
must match exactly the version of testimony the presiding
officer has required to be submitted to the court reporter
at hearing. When a presiding officer requires a party to
make hand-marked modifications to testimony during the
hearing before submitting the testimony to the court
reporter, the pre-served testimony electronically submitted to the Commission shall be marked to reflect the
modifications. When a presiding officer does not require a
party to make modifications to testimony at hearing
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
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before submitting the testimony to the court reporter, the
pre-served testimony electronically submitted to the Commission may not be marked. Testimony not admitted into
the record during a hearing may not be electronically
submitted to the Commission.
(i) Electronic submission of testimony striken at hearing. Pre-served testimony which was stricken at hearing
shall be revised to reflect that which was stricken by
containing hand-marked strikethroughs or electronic
strikethroughs on the testimony. A party may not completely electronically delete testimony which was striken
at hearing.
(ii) Pagination of electronically submitted testimony
documents. Striken or modified text on electronically
submitted pre-served testimony documents must appear
on the same page as the striken or modified text on the
pre-served testimony documents submitted to the court
reporter at hearing.
(3) Labeling of electronically submitted testimony. Preserved testimony electronically submitted to the Commission must be labeled consistent with the following examples:
(i) ‘‘
(ii) ‘‘
St. No.
St. No.
St. No.
(iii) ‘‘
Direct Testimony of
.’’
-R Rebuttal Testimony of
.’’
-SR Surrebuttal Testimony of
.’’
(c) Submission of paper copies of pre-served testimony
to the court reporter when electronically filing pre-served
testimony. When electronically filing pre-served testimony
with the Commission, one paper copy of pre-served
testimony shall be provided to the court reporter at
hearing.
(d) Electronic submission of confidential or proprietary
testimony. Electronically submitted testimony confidential
or proprietary in nature shall be submitted to the Secretary’s Bureau on a compact disc or other technology as
prescribed by the Commission. The compact disc must be
labeled ‘‘CONFIDENTIAL’’ or ‘‘PROPRIETARY.’’ Confidential or proprietary testimony may not be filed through the
Commission’s electronic filing system. Electronically submitted testimony confidential or proprietary in nature
must match exactly the version of the confidential or
proprietary testimony submitted to the court reporter at
hearing.
(e) Electronic submission of improper testimony. If a
party in an adjudicatory proceeding discovers that improper testimony documents have been electronically submitted to the Commission, the party may raise the
improper submission with the presiding officer assigned
to the adjudicatory proceeding. The presiding officer or
the Commission will make a determination regarding the
submission of improper testimony.
(f) Electronic access to electronically submitted testimony. A party shall obtain an eFiling account with the
Commission to view electronically submitted pre-served
testimony and to receive daily action alerts from the
Commission’s case and document management database
that pre-served testimony has been electronically submitted to the Commission.
[Pa.B. Doc. No. 14-2618. Filed for public inspection December 19, 2014, 9:00 a.m.]
PENNSYLVANIA PUBLIC UTILITY COMMISSION
[ 52 PA. CODE CH. 121 ]
[ L-2012-2317274 ]
Review of Long-Term Infrastructure Improvement
Plan
The Pennsylvania Public Utility Commission (Commission), on May 22, 2014, adopted a final rulemaking order
which sets forth regulations for filing a Long-Term Infrastructure Improvement Plan to ensure that utilities are
planning and executing expenditures that will maintain
and improve safety, adequacy and reliability of existing
distribution infrastructure.
Executive Summary
On February 14, 2012, Governor Corbett signed into
law Act 11 of 2012 (Act 11), which, inter alia, authorizes
water and wastewater utilities, electric distribution companies (EDCs), and natural gas distribution companies
(NGDCs) or a city natural gas distribution operation to
petition for a distribution system improvement charge
(DSIC). See 66 Pa.C.S. § 1353.
The DSIC is a ratemaking mechanism that allows for
the recovery of prudently incurred costs related to the
repair, improvement and replacement of eligible utility
infrastructure through a surcharge that is subject to
reconciliation, audit and other consumer protections. A
precondition to obtaining approval of a DSIC mechanism
is the filing and approval of a long-term infrastructure
improvement plan (LTIIP). 66 Pa.C.S. §§ 1352 and
1353(b)(3). The purpose of an LTIIP is to ensure that
utilities are planning and executing capital expenditures
that will maintain and improve the efficiency, safety,
adequacy and reliability of existing distribution infrastructure at a faster pace than they have done historically.
By Order entered March 14, 2013, the Commission
issued a Proposed Rulemaking Order on Act 11 of 2012,
which, inter alia, incorporated many of the proposed
procedures set forth in the Commission’s Final Implementation Order at Docket No. M-2012-2293611 (August 2,
2012) for filing and obtaining approval of an LTIIP,
including, but not limited to, the elements to be incorporated therein, the standard of review for approval of the
LTIIP and the procedures for the subsequent periodic
review of the LTIIP. The Commission reviewed the comments to the Proposed Rulemaking Order and at its May
22, 2014 Public Meeting adopted a Final Rulemaking
Order. Specifically, the Final Rulemaking Order, entered
May 23, 2014, sets forth the elements an LTIIP must
contain and outlines the procedures and process for the
filing and review of LTIIPs.
Public Meeting held
May 22, 2014
Commissioners Present: Robert F. Powelson, Chairperson;
John F. Coleman, Jr., Vice Chairperson; James H.
Cawley; Pamela A. Witmer; Gladys M. Brown
Review of Long-Term Infrastructure Improvement Plan;
L-2012-2317274
Final Rulemaking Order
By the Commission:
By Order entered March 14, 2013, the Commission
issued a Proposed Rulemaking Order on Act 11 of 2012,
which, inter alia, authorizes water and wastewater utilities, electric distribution companies (EDCs), and natural
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
RULES AND REGULATIONS
gas distribution companies (NGDCs) or a city natural gas
distribution operation to petition for a distribution system
improvement charge (DSIC). See 66 Pa.C.S. § 1353. The
DSIC is a ratemaking mechanism that allows for the
recovery of prudently incurred costs related to the repair,
improvement and replacement of eligible utility infrastructure through a surcharge that is subject to reconciliation, audit and other consumer protections. A precondition to obtaining approval of a DSIC is the filing and
approval of a long-term infrastructure improvement plan
(LTIIP). 66 Pa.C.S. § 1352. This order constitutes a final
rulemaking to establish the procedures and criteria for
the filing and subsequent periodic review of LTIIPs.
Background
On February 14, 2012, Governor Corbett signed into
law Act 11 of 2012 (Act 11), which amends Chapters 3, 13
and 33 of the Pennsylvania Public Utility Code (Code). 66
Pa.C.S. §§ 308, 1307, 1311, 1327 and 1350—1360. Act 11
authorizes water and wastewater utilities, EDCs, and
NGDCs or a city natural gas distribution operation to
petition for a DSIC.
On April 5, 2012, the Commission held a working group
meeting with stakeholders regarding implementation of
Act 11. In particular, we sought input from stakeholders
on the following key topics in advance of issuing a
Tentative Implementation Order:
• Elements of a model DSIC tariff, including the
necessary computation, reconciliation and consumer protection provisions (audits, reconciliations, percent caps
and re-set to zero);
• Elements of and standards for approval of an LTIIP,
ability to use previously approved plans, and subsequent
periodic review parameters;
• Establishing a baseline for the current rate of infrastructure improvement;
• Examination of the relationship between the LTIIP
under Act 11 and the NGDC pipeline replacement and
performance plans required by Commission order at
Docket No. M-2011-2271982;
• Determination of the equity return rate when more
than 2 years have elapsed between the effective date of a
final order in a base rate case and the effective date of
the DSIC; and
• Standards to establish and ensure that DSIC work is
performed by ‘‘qualified employees’’ of either the utility or
an independent contractor.
On May 11, 2012, the Commission entered a Tentative
Implementation Order at Docket No. M-2012-2293611
that reflected stakeholders’ concerns; set out a model
draft tariff; proposed procedures and guidelines necessary
to implement Act 11, including a DSIC process for
investor-owned energy utilities, city natural gas distribution operations, and wastewater utilities; and set forth
procedures to facilitate the transition from Section
1307(g) water DSIC procedures to Act 11 DSIC procedures.
The Tentative Implementation Order called for comments. Comments were received from various EDCs,
NGDCs and water utilities. The Commission reviewed the
comments and at its August 2, 2012 Public Meeting
adopted a Final Implementation Order, which established
procedures and guidelines to carry out the ratemaking
provisions of Act 11 in Chapters 3 and 13 of the Code.
The Proposed Rulemaking Order took elements from
the Final Implementation Order in establishing proposed
procedures and criteria for the filing and subsequent
7857
periodic review of LTIIPs. The Proposed Rulemaking
Order was published in the Pennsylvania Bulletin on
October 19, 2013. See 43 Pa.B. 6206. Comments were
filed by the Independent Regulatory Review Commission
(IRRC), the Pennsylvania Office of Consumer Advocate
(OCA), PECO Energy Company (PECO), jointly by
Peoples Natural Gas LLC and Peoples TWP LLC (collectively, ‘‘Peoples’’), jointly by Metropolitan Edison Company, Pennsylvania Electric Company, Pennsylvania
Power Company and West Penn Power Company (collectively, ‘‘the FirstEnergy Companies’’), the Energy Association of Pennsylvania (EAP) and Duquesne Light Company
(Duquesne).
Discussion
The DSIC mechanism, enacted via Act 11, allows EDCs,
NGDCs, wastewater utilities, and city natural gas operations, like water utilities previously, to recover the reasonable and prudently incurred costs related to the
repair, improvement, and replacement of utility infrastructure. The filing of an LTIIP is a necessary component of a DSIC petition. 66 Pa.C.S. § 1353(b)(3). However, water utilities with a previously-approved DSIC
were not required to file an LTIIP until otherwise directed by the Commission. See 66 Pa.C.S. § 1360.
The purpose of an LTIIP is to ensure that utilities are
planning and executing capital expenditures that will
maintain and improve the efficiency, safety, adequacy and
reliability of existing distribution infrastructure at a
faster pace than they have done historically. The scope of
the proposed regulations was to set forth the elements an
LTIIP must contain and to outline the procedures and
process for the filing and review of LTIIPs. We appreciate
the comments that were filed in response to the proposed
regulations. We will proceed section by section of the
proposed regulations in addressing the comments.
Water Utilities
Comments
The OCA submits that the Commission should now
require water utilities with existing DSIC mechanisms to
file an LTIIP on a schedule established by the Commission. Additionally, the OCA states that the Commission
should make clear that, once the initial LTIIP for the
water utility has been filed and approved by the Commission, the water utility must adhere to the regulations
going forward. In its comments, we note that IRRC
referenced the OCA comments and directed that we
explain what effect the rulemaking will have on water
and wastewater utilities with a pre-approved DSIC
mechanism in place.
Resolution
The Commission takes note of the OCA’s concern, and
IRRC’s reference thereto, regarding providing clarification
that utilities with existing DSIC mechanisms that predate Act 11, namely water utilities, should comply with
requirements set forth in Act 11. We agree that water
utilities should also comply with the requirements of Act
11. Pursuant to Section 1360(b), water utilities with a
previously-approved DSIC are not required to file and
obtain approval of their LTIIP unless and until directed
by the Commission.
Given that this legislation has been in effect for over 2
years and that the Commission has reviewed and approved LTIIPs filed by natural gas and electric utilities,
the Commission believes it is now appropriate to require
each water utility with a DSIC tariff in place to file an
LTIIP as well. The LTIIP filing and review process will
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
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RULES AND REGULATIONS
ensure that the DSIC funds collected by pre-Act 11 water
companies from consumers are properly allocated to
eligible projects that will now conform to the standards
and requirements of Act 11. Accordingly, the Commission
will issue a Secretarial Letter that sets forth a date
certain by which water utilities with DSIC tariffs in place
will be required to file an LTIIP with the Commission.
Section 121.2. Definitions.
Comments
IRRC comments that the definition of ‘‘eligible property’’ set forth in the subsection of the proposed regulation should be amended to more accurately track the
statute. IRRC Comments at 1. Additionally, IRRC had
concerns regarding the definition of ‘‘major modification.’’
IRRC questions whether, in order for a modification to be
considered a ‘‘major modification,’’ does it have to meet all
four of the criteria set forth in the definition. IRRC states
the Commission should clarify by either inserting the
word ‘‘or’’ or ‘‘and’’ at the subparagraph (iii). Id. at 2.
Likewise, Duquesne makes a similar statement in its
comments. Duquesne Comments at 3.
Conversely, the FirstEnergy Companies suggest that
the Commission should eliminate the first two criteria
contained in subparagraphs (i) and (ii) set forth in the
definition of ‘‘major modification.’’ FirstEnergy Companies
Comments at 2. The FirstEnergy Companies state that
criteria in subparagraphs (i) and (ii) about eliminating or
changing the schedule for ‘‘a category of eligible property’’
could be a relatively insignificant category of property
but, under the proposed regulation, would nevertheless
constitute a ‘‘major’’ modification. Id. at 2-3. They suggest
that the final two criteria, subparagraphs (iii) and (iv),
would cover other circumstances which the Commission
may view as major modifications. Id. at 3.
In its comments, EAP suggests that the Commission
consider adjusting the proposed definition of ‘‘major modification’’ by eliminating criterion one and the reference to
‘‘category of eligible property’’ in criterion two. EAP
Comments at 4. EAP states that with respect to the first
criterion, the elimination of a category of eligible property
from an LTIIP may not comprise a major modification
depending on whether the repair, improvement or replacement is actually a substantial portion of the work to
be achieved under the LTIIP or is a substantial percentage of the projected expenditures. EAP Comments 3-4.
Further, EAP states that extending the schedule by more
than two years for a specific category of eligible property
may not be a major modification depending on whether
the particular category of property represents a substantial portion of the work under the LTIIP. Id.
In its comments, PECO states that the Commission
should revise the first criterion for the definition of
‘‘major modification.’’ PECO states that rather than including a specific time period, the Commission should
consider a major modification to include any extension
which increases the schedule by more than 15%. PECO
asserts that this revision to the criterion would capture
more impactful schedule extensions on a total project
plan basis. PECO Comments at 2. Additionally, PECO
states that the 15% cost increase in the total estimated
cost of the LTIIP set forth in criterion three of the
proposed definition of ‘‘major modification’’ is a low
hurdle. PECO asserts that the cost estimates included in
the LTIIP are preliminary, as the work described therein
may not be performed for a number of years. Id. PECO
further states that estimates prior to completion of
engineering and design work could easily be later revised
by a factor of 25% or more. Accordingly, PECO recom-
mends that the percentage in criterion three be increased
to 25% to account for this, as well as the impact of
inflation. Id. at 3.
Lastly, Duquesne recommends the elimination of criterion four set forth in the proposed definition of ‘‘major
modification.’’ Duquesne Comments at 3. Alternatively,
Duquesne suggests that if this criterion were to remain,
that an additional definition of ‘‘substantial change’’ is
necessary in the final regulations. Id.
The OCA suggested that the proposed definition of
‘‘long term infrastructure improvement plan’’ should be
clarified so that it is clear that the LTIIP must be filed to
demonstrate continuing eligibility to impose a DSIC
surcharge. OCA Comments at 5.
Resolution
This section of the proposed regulations sets forth the
definitions of the key terms that will be used throughout
the regulations. We note IRRC’s comments regarding the
proposed definition of ‘‘eligible property’’ and we amend
the final form regulation to more accurately track the
statute. The Commission also takes note of the comments
regarding the proposed definition of ‘‘major modification.’’
The commentators suggest that the elimination of a
category of eligible property or the extension of the repair,
improvement or replacement of a category of eligible
property by more than two years may not comprise a
major modification. However, we do not agree with the
substance of those comments, nor with the commentators’
suggestion that we delete subparagraphs (i) and (ii) of the
proposed definition, for the reasons articulated below.
First, the Commission notes that the LTIIP is limited to
only ‘‘eligible property’’ as we determined that it was
unnecessary for a utility to provide extensive data regarding components of its distribution system for which it is
not seeking DSIC recovery. Hence, the LTIIP filed by a
utility need only identify the specific eligible distribution
plant property, as defined in 66 Pa.C.S. § 1351, for which
the utility has determined it will repair, improve or
replace based upon the age, functionalities, reliability and
performance of such property and for which it will seek
DISC recovery. Accordingly, if a statutory category of
property that the Commission has approved is proposed
to be eliminated from the LTIIP by the utility, in the
Commission’s judgment, this qualifies as a major modification to the LTIIP that necessitates Commission review.
Second, the Commission acknowledges that while the
LTIIP is a prospective document, nevertheless, it is
incumbent for a utility to be as a specific as possible in
identifying which category of eligible property it will
prioritize in regard to repairing, improving or replacing in
order to maintain and ensure the safety, adequacy and
reliability of its existing distribution system. See 66
Pa.C.S § 1352. Hence, in its filed LTIIP, the utility should
have carefully examined its current distribution infrastructure, including its elements, age, and performance
and established a plan that reflects reasonable and
prudent planning of expenditures over the course of many
years to replace and improve aging infrastructure in
order to maintain the safe, adequate, and reliable service
required by law. See generally 66 Pa.C.S. § 1501. Additionally, we are cognizant of the fact that the utility must
show in its corresponding LTIIP, the acceleration of the
replacement of aging infrastructure and should establish
an accurate proposed schedule to complete the work that
reflects an acceleration of the replacement of aging
infrastructure or maintains the accelerated pace already
accomplished by the utility. Id. Thus, the Commission
believes that any proposal by the utility to extend the
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schedule for repair, improvement or replacement of a
category of eligible property by two or more years qualifies as a major modification. Accordingly, we believe that
the subparagraphs (i) and (ii) set forth in the final form
regulation accurately address some types of ‘‘major’’ modifications to an LTIIP. As a result, we will not delete these
subparagraphs from the definition of major modification
in the final form regulation.
The Commission takes note of PECO’s comments regarding subparagraph (iii) of the proposed definition of
‘‘major modification.’’ This subparagraph deals with a
change in the total estimated costs for the work identified
in the LTIIP. We understand PECO’s position that cost
estimates included in the LTIIP are preliminary figures
and that the estimates prior to the completion of engineering and design work could later be revised by a factor
of 25% or more. We acknowledge that cost estimates for
the work set forth in the LTIIP are preliminary and may
vary; however, we will only adopt PECO’s suggestion in
part as we determine that an increase of 25% or more to
the total cost estimate may be exorbitantly high given
that the cost estimate is applicable to the total plan and
not just a year-to-year fluctuations in spending. Therefore, we determine that an increase of 20% or more to the
total cost estimate will be considered a major modification. The final form regulation incorporates this revision.
Further, the Commission takes note of IRRC’s comments regarding the proposed definition of ‘‘major modification’’ and will insert language to indicate a major
modification is a change ‘‘which meets at least one of the
following criteria.’’
Lastly, the Commission notes Duquesne’s comments
regarding subparagraph (iv) of the proposed definition of
‘‘major modification.’’ The Commission intended this subparagraph to be a miscellaneous or catch-all provision for
any other ‘‘major’’ modifications it could not possibly
foresee or list at this time. Therefore, it is necessary that
this subparagraph be broad enough to allow the Commission to require an approval process for a change, not
presently listed, that substantially alters the previously
approved LTIIP. Therefore, the Commission rejects
Duquesne’s recommendation of revising this ‘‘catch-all’’
provision in the final form regulation.
Section 121.3. LTIIP.
Comments
IRRC states that it has two concerns about this section
of the proposed regulations. First, IRRC requests that the
Commission explain the need for including three additional elements in a utility’s LTIIP that are not included
in the statute and why it believes these additional
elements are consistent with the intent of the General
Assembly and Act 11. IRRC Comments at 2. The three
additional elements cited by IRRC relate to the establishment of a workforce management and training program, a
description of the utility’s outreach and coordination
activities with other utilities and other entities regarding
their planned maintenance/construction projects and
roadways and a description by NGDCs of their individual
plans to address damage prevention, corrosion control,
emergency response times, and identification of their
critical valves. Secondly, IRRC suggests that this proposed section be clarified to state that the filing of an
LTIIP is not mandatory for all utilities and applies only
to those utilities seeking to impose a DSIC. Id.
Likewise, EAP, PECO and Peoples state that the word
‘‘shall’’ when referring generally to the filing of an LTIIP
should be replaced with the word ‘‘may’’ so as not to infer
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that all utilities are required to file an LTIIP. EAP
Comments at 4; PECO Comments at 3; Peoples Comments at 4.
EAP states that proposed subsection 121.3(a)(6) should
be modified to include ‘‘a description either of the manner
in which infrastructure replacement will be accelerated or
the manner in which previously accelerated infrastructure replacement will be maintained...’’ EAP Comments at
5. EAP asserts that the additional language would account for utilities that have already engaged in such
accelerated infrastructure replacement and is consistent
with proposed subsection 121.4(e), under which the Commission will determine whether an LTIIP ‘‘accelerates or
maintains an accelerated rate of infrastructure replacement.’’ Id.
EAP and PECO both expressed concerns about proposed subsection 121.3(a)(8). Proposed section 121.3.(a)(8)
requires that utilities include a description of planned
outreach and coordination efforts with other utilities, the
Pennsylvania Department of Transportation (PennDOT)
and local governments regarding the work outlined in the
LTIIP. EAP states that it believes this concept is better
suited to a guideline or a policy statement and suggests
that this subsection be eliminated from the proposed
regulation. EAP Comments at 5. EAP asserts that attempting to delineate this type of activity in a forwardlooking plan is difficult and may not in the course of
LTIIP implementation provide to be a reliable depiction of
the actual practice as the very nature of such coordination involves numerous moving parts that continually
evolve and change. Id. EAP states that it is concerned
that a deviation from a described outreach and coordination plan as set forth in a utility’s LTIIP not be a ground
for termination of a DSIC under 66 Pa.C.S. § 1352(b)(2).
Id. at 5-6. PECO requests that the Commission remove
the proposed subsection of the regulation since it was not
contained in Act 11 and goes beyond the intended scope
for LTIIPs. PECO Comments at 3.
Also, EAP, PECO and Peoples expressed concerns about
proposed subsection 121.3(a)(9). EAP states that this
requirement is not enumerated in the statute and should
not be the basis of an order disapproving an LTIIP. EAP
Comments at 6. EAP further states that such information
is evaluated in the context of the Distribution Integrity
Management Program (DIMP) Plan that is required to be
prepared and available under federal regulations to both
federal authorities and state regulatory agencies. Id. EAP
asserts that requiring such information to be included in
an LTIIP filed only by NGDCs exceeds the parameters set
forth in Act 11 and should not be the basis for a
termination of a DSIC under 66 Pa.C.S. § 1352(b)(2)
without specific statutory authority.
Similarly, Peoples states that there is no current Commission requirement for an NGDC to prepare a plan to
address damage prevention, corrosion control, emergency
response times, and identification of the NGDC’s critical
valves. Peoples Comments at 5-6. Peoples notes that this
matter may be addressed in an NGDC’s DIMP Plan, but
even in the DIMP, if each of these matters is addressed, it
is as a part of the overall DIMP, and not a separate plan
within the DIMP. Peoples Comments at 6. Peoples asserts
that if NGDCs are required to prepare such plans, that
proposal should be the subject of its own rulemaking
proceeding and not ‘‘shoehorned’’ into this instant rulemaking. Id. Peoples further asserts that one of the main
issues with these requirements when they were proposed
in the abandoned rulemaking at Docket No. M-20112271982, was that the requirements were vague and
without factual support. Id. Furthermore, PECO asserts
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that the requested information is not duplicative of the
LTIIP but rather is beyond the scope of an NGDC’s LTIIP
and should be deleted. Id. Likewise, PECO states this
proposed subsection has nothing to do with main replacement and is not relevant to an LTIIP. PECO Comments
at 3.
The OCA states that proposed section 121.3(a) should
be modified to make clear that an LTIIP must be filed to
both implement and continue a DSIC mechanism. OCA
Comments at 5. The OCA adds that this modification will
also make clear that water utilities with existing DSIC
mechanisms at the time of the enactment of Act 11 must
also file an LTIIP to ensure that they are in compliance
with the requirements of Act 11. Id. at 6. Additionally, the
OCA recommends that the Commission publish a schedule in the Pennsylvania Bulletin that allows for the
phased filing of LTIIPs. Id. at 7. Specifically, the OCA
suggests that the Commission modify Section 121.3(a) to
address the point that after the approval of the initial
LTIIP, subsequent LTIIPs must be filed in accordance
with the Commission’s phased filing schedule. Id. In its
comments, IRRC references the OCA’s suggestion for the
phased filing of LTIIPs and asks the Commission why it
did not consider adopting a phased filing schedule for
submissions by utilities seeking to implement a DSIC
mechanism. IRRC Comments at 1.
Resolution
This section of the proposed regulations sets forth the
specific elements that must be contained in a utility’s
LTIIP. The Commission takes note of the comments
requesting that this proposed section be clarified to state
that the filing of an LTIIP is not mandatory for all
utilities and applies only to those utilities seeking to
impose a DSIC. We agree with this position. Accordingly,
in the final form regulation, the Commission revises
subsection 121.3(a) to state that only those utilities
seeking to implement a DSIC are required to file an
LTIIP, so as not to imply that all jurisdictional utilities
are required to file an LTIIP. Additionally, the Commission modifies subsection 121.3(a) to make clear that an
LTIIP must be filed to both implement and continue a
DSIC mechanism. We agree with the OCA that adding
this modification will make clear that all utilities, including water utilities with existing DSIC mechanisms at the
time of the enactment of Act 11, are to be in compliance
with the requirements of Act 11 and must file an LTIIP to
implement or continue to a DSIC mechanism.
However, the Commission disagrees with the OCA’s
recommendation that we publish a schedule in the Pennsylvania Bulletin that allows for the phased filing of
LTIIPs. The Commission notes that many of the nonwater utilities seeking to implement a DSIC recovery
mechanism have already filed individual initial LTIIPs;
therefore, it is unnecessary at this time to incorporate
this suggestion. Furthermore, we also do not believe it is
necessary to establish a phased filing schedule for water
utilities to file their individual LTIIPs. The Commission
will issue a Secretarial letter establishing the end date
that water utilities must have filed their LTIIPs and start
complying with the other requirements of Act 11. Just as
we did for the non-water utilities, the Commission will
leave it up to the discretion of each affected water utility
as to when it determines it should file its LTIIP in order
to meet this deadline. Thus, the Commission will not
incorporate this OCA recommendation in the final form
regulation.
As noted above, IRRC requests the Commission to
explain the need for including three additional elements
in a utility’s LTIIP that are not included in the statute
and why it believes these additional elements are consistent with the intent of the General Assembly and Act 11.
Those three additional elements relate to the establishment of a workforce management and training program, a
description of the utility’s outreach and coordination
activities with other utilities and other entities regarding
their planned maintenance/construction projects and
roadways and a description by NGDCs of their individual
plans to address damage prevention, corrosion control,
emergency response times, and identification of their
critical valves.
With regard to the importance for including workforce
management plans in an LTIIP as set forth in proposed
subsection 121.3(a)(7), the Commission points to Section
1359 of the Code, 66 Pa.C.S. § 1359, which requires the
Commission to set standards to ensure that DSIC-eligible
work is performed and inspected by qualified personnel.
See 66 Pa.C.S. § 1359(a) and (b). Clearly, with the
inclusion of this statutory provision, Act 11 contemplates
that the utilization of qualified personnel is essential to
the successful implementation of any long-term plan to
improve infrastructure. In order for the Commission to
ensure that the utility is in compliance with 66 Pa.C.S.
§ 1359(a) and (b), the Commission determined that a
workforce management and training plan designed to
ensure that a utility will have access to a qualified
workforce to perform work in a cost-effective, safe and
reliable manner should be a necessary element of an
LTIIP. Therefore, the Commission will retain this requirement in the final form regulations. Also, the Commission
will incorporate a definition of ‘‘qualified personnel’’ in the
definitions section of the final form regulation. The
Commission will adopt the general definition of a ‘‘qualified’’ person, as established by the U.S. Department of
Labor, Occupational Safety and Health Administration, in
its regulations at 29 C.F.R. § 1926.32.
With regard to the requirement set forth in proposed
subsection 121.3(a)(8) that a utility include the description of planned outreach and coordination efforts with
other utilities, PennDOT and local governments regarding
the work outlined in its LTIIP, the Commission believes
this is a necessary requirement in an LTIIP in order to
ensure that LTIIP projects are properly planned, coordinated with other stakeholders, and executed in an efficient and cost-effective manner. See generally Application
of the Department of Transportation of the Commonwealth of Pennsylvania for the Approval to Replace the
Existing Superstructure of the Bridge Carrying SR0462
Over the Single Track of the Norfolk Southern Railway
Company (DOT #517 596 W) in Mountville Borough,
Lancaster County; And the allocation of Costs Incident
Thereto, Docket No. A-2009-2132946 (Order entered April
10, 2014). Hence, the Commission is not persuaded by the
concerns of EAP and PECO regarding this requirement
and disagrees with their suggestion that we should
remove this requirement from being included as part of
the LTIIP. This is an essential element of good project
planning for the success of their infrastructure improvement plans.
Furthermore, the implementation of a DSIC mechanism
to non-water utilities will result in the initiation of
numerous maintenance and construction projects
throughout various parts of the state by those utilities.
The Commission acknowledges that this may lead to
significant disruptions as utilities perform work in the
rights of way of the roadways and streets across the
Commonwealth in order to replace or repair their infrastructure. It is incumbent for utilities to coordinate with
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other utilities, PennDOT and local governments that may
work near their facilities. The Commission notes that the
number one cause of damage to underground utility
infrastructure is excavation and not necessarily by the
utility that owns the equipment, but by independent
contractors or other utilities performing excavation work.
Also, the Commission believes that coordinated efforts for
the replacement or repair of infrastructure will result in
cost-effective budgets and the ability of the utilities to
keep their projected construction schedules.
Accordingly, the Commission believes it is imperative
for utilities to coordinate and develop systematic procedures for centrally reporting, documenting, and exchanging information and that it is prudent for utilities to
identify and maintain their coordination efforts so they
can minimize multiple disruptions to locations where
projects may overlap.
For these reasons, the Commission retains the requirement for a utility to provide a description of its outreach
and coordination activities with other utilities, PennDOT
and local governments regarding their planned
maintenance/construction projects and roadways that may
be impacted by the plan in the final form regulation.
IRRC also asked us to explain the reason for directing
NGDCs to include additional information regarding damage prevention, corrosion control, emergency response
times and identification of critical valves as set forth in
proposed subsection 121.3(a)(9). As detailed above, EAP,
PECO and Peoples strongly object to this requirement.
In response to IRRC, the Commission explains that it
had decided against establishing a separate Pipeline
Replacement and Performance Plan filing process at
Docket M-2011-2271982,1 as we believed it would be
duplicative of the Act 11 DSIC regulatory process, specifically, the information contained in LTIIPs. Nevertheless,
given the age of the existing natural gas distribution
infrastructure throughout the Commonwealth and in
order to safeguard the public, we initially determined
that it was necessary for NGDCs to submit this information and indicate how their LTIIPs prioritize gas system
safety and reliability. However, we understand their
concerns, are persuaded by them in part and, therefore,
have reconsidered the need to have this requirement in
the LTIIP final form regulations, for the reasons expressed below.
The commentators assert that much of this same
information is evaluated in the context of the DIMP plans
filed by the NGDCs under federal regulations to both
federal authorities and state regulatory agencies. Consequently, they assert that it would be duplicative and
redundant for an NGDC to file this information in its
LTIIP. Moreover, Peoples states that while these matters
are addressed in the DIMP plans, the matters are not
addressed as a separate plan but as items in the overall
DIMP. The Commission notes that pursuant to Federal
pipeline safety laws, NGDCs were required to implement,
by August 2, 2011, a DIMP plan. See 49 C.F.R.
§ 192.1005. The DIMP was instituted to assure pipeline
integrity for gas distribution pipelines similar to the
integrity management regulations for hazardous liquid
and gas transmission pipelines and is filed with the U.S.
Department of Transportation (US DOT). The plan elements must include, inter alia, risk evaluation and
ranking, performance measurement and monitoring, and
periodic evaluation and improvement. See 49 C.F.R.
§ 192.1007. Accordingly, we determine that information
1
Natural Gas Pipeline Replacement and Performance Plans, Docket No. M-20112271982 (Order entered February 28, 2013).
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regarding damage prevention, corrosion control and emergency response times is outside the scope of the information that needs to be included in the LTIIP. Also, much of
this information is included in the DIMP plans which are
already filed by NGDCs with the Commission under
separate regulatory action. Thus, it would be redundant
to request an NGDC to file this same information in an
LTIIP.
However, the Commission believes that its directive
that NGDCs file information concerning identification of
critical valves is within the spirit and scope of Act 11. If a
NGDC identifies a critical valve that it will repair,
improve upon or replace and for which it will seek DSIC
recovery, then it must include such information its LTIIP.
Nonetheless, beyond that particular element, we believe it
is prudent to delete the other additional elements for
NGDCs from inclusion in the LTIIP. Accordingly, section
121.3(a)(9) of the final form regulation has been revised.
Section 121.4. Filing and Commission review procedures.
Comments
In its comments, EAP requests clarification of the term
‘‘parties’’ as used in proposed subsection 121.4(a) and
throughout the proposed regulations in the context of
effectuating service. EAP Comments at 6. EAP states the
term ‘‘parties’’ should include the statutory advocates and
those persons who formally intervened and participated
in the most recent base rate case proceeding so as to
reduce the burden and unnecessary cost of providing
copies to persons who might have commented or provided
input in the most recent base but were not litigants. Id.
Likewise, PECO states that given the large number of
parties that may intervene in a base rate case, many of
whom are not active participants in the litigation process,
PECO suggests amending the language in the proposed
subsection to include only parties that are included in the
official service list. PECO Comments at 3-4. Furthermore,
Peoples asserts that since an LTIIP is not related to a
utility’s most recent base rate case, a requirement to
serve a copy of an LTIIP filing on parties to the most
recent base rate case appears to be without reason, would
create inconvenience if those parties have no interest in
the LTIIP and would create unnecessary work and expense for the utility in that case. Peoples Comment at 6.
Peoples states that if a party to the most recent base rate
case has a legal interest in the LTIIP filing, it can
intervene in the LTIIP proceeding and obtain a copy of
the filing from the utility. Id. IRRC notes the above
comments and asks the Commission to clarify what is
meant by the term ‘‘parties’’ in this proposed subsection.
IRRC Comments at 2.
In its comments, the OCA states that proposed subsection 121.4(b) does not specify the time frame in which
proprietary treatment should be sought for the LTIIP
filing. OCA Comments at 8. The OCA asserts that given
the short time frames for review and comment of an
LTIIP, the regulations should make clear that proprietary
treatment must be sought and received by the utility
prior to the filing of the LTIIP with the Commission. Id.
IRRC notes the OCA’s concern and asks the Commission
to explain when a utility is required to obtain the
aforementioned approval and clarify the regulation accordingly. IRRC Comments at 2.
Additionally, the OCA states that proposed subsection
121.4(c) allows for only a twenty-day comment period
following the submission of the LTIIP. The OCA asserts
that a twenty-day comment period is an insufficient
amount of time to allow for thorough review and comment by interested parties. OCA Comments at 6. The
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OCA proposes that interested parties should have at least
sixty days to review the LTIIP itself, rather than twenty.
Id. IRRC notes the OCA’s proposal and asks the Commission what factors did it consider when determining that a
twenty-day comment period was appropriate for reviewing LTIIPs. IRRC Comments at 3.
Duquesne requests the Commission to consider revising
the language of proposed subsection 121.4(e)(1) so that
the LTIIP does not limit the requirement of reflecting or
acknowledging acceleration to replacement of infrastructure alone. Duquesne Comments at 4. Duquesne states
the LTIIP should state how it will reflect the acceleration
or how it will maintain the accelerated rate of infrastructure ‘‘repair, improvement and replacement.’’ Id.
In their comments, EAP, PECO and Peoples raise
concerns about proposed subsection 121.4(f). EAP states
that this proposed subsection implies that if an LTIIP is
filed, the Commission has the authority to direct a
particular work plan or schedule whereas the statute
delineates specific criteria which the Commission should
consider in determining whether to approve or disapprove
the LTIIP. EAP Comments at 7. EAP asserts that it
remains a utility’s option either to amend the proposed
LTIIP to meet the statutory requirements or withdraw
the plan and forego the opportunity to use a DSIC. Id.
PECO states it believes that this subsection should be
clarified to make it clear that if the Commission does not
find an LTIIP to be sufficient to ensure and maintain
service, then the utility has the right to withdraw its
LTIIP foregoing recovery of any additional amounts under
its DSIC. PECO Comments at 4. PECO asserts that
because filing an LTIIP is voluntary, there should be no
requirement to file a new or revised LTIIP if the utility
does not desire to do so. Id. Peoples has similar concerns
regarding proposed subsection 121.4(f). Peoples suggest
that it would be reasonable that the utility also have the
option to withdraw the LTIIP and not go forward with
implementation or continuance of a DSIC. Peoples Comments at 7.
IRRC states that the proposed subsection should reference both sections 121.3 and 121.4 since the elements of
an LTIIP are found in the preceding section of the
proposed regulation. IRRC Comments at 3. Additionally,
based upon the above comments, IRRC asks the Commission whether it can direct a particular work plan or
schedule and under what statutory authority this can be
accomplished. Id. Furthermore, IRRC states that the
Commission should consider adding a provision that
specifically states a utility has the right to withdraw an
LTIIP. Id.
Resolution
This section of the proposed regulations sets forth the
filing procedures for LTIIPs, the public comment period,
and the manner in which the Commission will review a
utility’s LTIIP filing in order to implement a new DSIC
mechanism or continue a previously-approved DSIC
mechanism. The Commission takes note of the comments
requesting clarification of the term ‘‘parties’’ in the context of effectuating service of the filed LTIIP as set forth
in proposed subsection 121.4(a). We agree with the commentators that a requirement to serve a copy of the
LTIIP filing on all parties, including those who may have
only filed comments and not participated in the litigation
process, may create unnecessary work and extra expense
for the utility. Consequently, the Commission revises the
regulation to provide that a utility only has to file a copy
of its LTIIP on the statutory advocates, the Commission’s
Bureau of Investigation and Enforcement (BI&E), and
parties of record in its most recent base rate case
proceeding. We incorporate this revision to subsection
121.4(a) in the final form regulation.
The OCA states that proposed subsection 121.4(b) does
not specify the time frame in which proprietary treatment
should be sought for the LTIIP filing and requests that
given the short time frames for review and comment of an
LTIIP, the regulations should make clear that proprietary
treatment must be sought and received by the utility
prior to the filing of the LTIIP with the Commission. We
decline to adopt this suggestion. Section 5.365 of our
regulations governs the issuance of a protective order. 52
Pa. Code § 5.365. We note that section 5.365(c)(4) states
that a party may not refuse to provide information which
a party reasonably believes to be proprietary to a party
who agrees to treat the information as if it were covered
by a protective order until the request for protective order
is issued or denied. See 52 Pa. Code § 5.365(c)(4). Thus,
the Commission is of the opinion that it is unnecessary to
require a utility to obtain a protective order prior to the
filing of its LTIIP as the party seeking to obtain the
protective order still has to furnish the information.
Similarly, OCA asserts that a twenty-day comment
period set forth in proposed subsection 121.4(c) is an
insufficient amount of time to allow for thorough review
and comment by interested parties and requests a sixtyday review period. We decline to adopt OCA’s suggestion
for a sixty-day review period, but agree that the comment
period should be lengthened. Accordingly, in order to give
interested parties sufficient time to comprehensively and
thoroughly review the filed LTIIP, we will extend the time
for interested parties to respond to the LTIIP to 30 days.
Subsection 121.4(c) of the final form regulation incorporates this extended responsive time period. Additionally,
this subsection of the final form regulation indicates that,
if the response or answer to the LTIIP petition raises
material factual issues, the Commission may refer the
petition to the Office of Administrative Law Judge (OALJ)
for hearing and decision.
The Commission takes note of Duquesne’s request that
we consider revising the language of proposed subsection
121.4(e)(1) so that the LTIIP does not limit the requirement of reflecting or acknowledging acceleration to replacement of infrastructure alone. We agree with
Duquesne’s suggestion and will adopt it. In its Final
Implementation Order, the Commission previously stated
that the LTIIP should reflect and maintain an acceleration of the infrastructure replacement over the utility’s
historic level of capital improvement. This is consistent
with the language of the Act. See 66 Pa.C.S. § 1352(a)(6).
Additionally, the Commission also agrees that the LTIIP
should state both how it will reflect the acceleration
and/or how it will maintain the accelerated rate of the
‘‘improvement and replacement’’ of infrastructure. Thus,
we incorporate this requirement into subsection
121.4(e)(2) of the final form regulation. Furthermore, the
Commission notes that we inadvertently did not include
as an element of the LTIIP that the filing contain
measures to ensure that the projected annual expenditures are cost effective. To be consistent with the statute,
we have incorporated this element into subsection
121.4(e)(1) of the final form regulation.
The Commission takes note of the comments regarding
proposed subsection 121.4(f). This proposed subsection
states that the Commission will order the utility to file a
new or revised LTIIP if the filed LTIIP does not meet the
statutory criteria of being sufficient to ensure and maintain adequate, efficient, safe and reliable and reasonable
service. EAP states that clarification is necessary regard-
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ing this proposed subsection as it implies that if an LTIIP
is filed, the Commission has the authority to direct a
particular work plan or schedule whereas the statute
delineates specific criteria which the Commission should
consider in determining whether to approve or disapprove
the LTIIP.
We disagree with EAP’s position. The statute provides
that if the LTIIP is ‘‘not adequate to maintain adequate,
efficient, safe, reliable and reasonable service, the Commission shall order a new or revised plan.’’ See 66 Pa.C.S.
§ 1352(a)(7)(emphasis added). Clearly, if the Commission
determines that a utility’s filed LTIIP does not meet this
statutory criteria, Act 11 expressly grants the Commission the authority to order a utility to file a new or
revised LTIIP. It makes little sense for the Commission to
order a ‘‘new or revised plan’’ with no further guidance on
the necessary parameters of the plan. Thus, the Commission believes that Section 1352(a)(7) implies that the
Commission can specifically direct a utility to incorporate
a particular infrastructure improvement project in the
new or revised plan for which it has deemed is necessary
and in the public interest. Moreover, the Commission
retains a fundamental duty under the Code to ensure
that each public utility, including those covered by Act 11,
‘‘shall make all such repairs, changes, alterations, substitutions, extensions, and improvements in or to such
service and facilities as shall be necessary or proper for
the accommodation, convenience, and safety of the public.’’ 66 Pa.C.S. § 1501. Therefore, both preexisting Section 1501 and the recently added Section 1352(a)(7) of the
Code authorize the Commission to direct, after notice and
opportunity to be heard and with an appropriate mechanism for cost recovery, the implementation of infrastructure maintenance and improvement projects deemed necessary to ensure safe and reliable service. By providing
parameters for the ‘‘new or revised plan’’ in sufficient
detail to bring the utility into compliance with Act 11, the
Commission is fulfilling this statutory duty. Accordingly,
this subsection is consistent with the Act 11 and the
Commission’s duties under Section 1501 in this regard
and will remain the same in the final form regulation.
Additionally, EAP, PECO and Peoples assert that if the
LTIIP does not meet the Act 11 statutory requirements, it
remains the utility’s option either to amend the proposed
LTIIP in order to meet those statutory requirements or
withdraw the plan and forego the opportunity to use a
DSIC. We agree with this position in part. The Commission acknowledges that the filing of an LTIIP is voluntary.
The Commission will not approve an LTIIP filing that
will result in sub-standard service or sub-standard reliability from the utility. When the Commission finds that
a public utility’s proposed LTIIP that has been filed in
order to initiate a DSIC mechanism or to continue a
previously-approved DSIC mechanism is not adequate
and sufficient to ensure and maintain adequate service to
the public, the Commission will order the public utility to
modify its LTIIP and resubmit a new and revised LTIIP
incorporating the suggested modifications.
However, upon such a finding of inadequacy or insufficiency and the issuance of a Commission order to file a
revised LTIIP, a utility may opt to withdraw its proposed
LTIIP filing pursuant to sections 1.82 or 5.94 of the
Commission regulations, 52 Pa. Code §§ 1.82 and 5.94.
Subsection 121.4(g) of the final form regulation incorporates this concept. However, at that point, the utility will
no longer qualify for the DSIC mechanism and the utility
will no longer be afforded the benefit of obtaining accelerated cost recovery for its repairs, improvements and
replacements.
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Nonetheless, as we mentioned above, in accordance
with Sections 1501 of the Code, 66 Pa.C.S. § 1501, the
Commission is under the duty to ensure that each public
utility provides adequate, efficient, safe and reliable
service. Thus, where the lack of adequate infrastructure
planning and construction threaten the public welfare,
the Commission may, after notice and opportunity to be
heard via a separate proceeding, nevertheless order the
infrastructure improvements that it deems necessary and
in the public interest. Under this scenario, the utility
would only be able to seek cost recovery for these
Commission-mandated repairs and replacements through
the traditional manner of filing a base rate proceeding,
not through the DSIC process.
IRRC states the proposed subsection should reference
both sections 121.3 and 121.4 since the elements of an
LTIIP are found in the preceding section of the proposed
regulation. We agree with this position and revise subsection 121.4(f) accordingly in the final form regulations.
Finally, IRRC notes that that the citation to 5.423 in
subsection 121.4(b) is not accurate. The Commission has
made this correction in the final form regulation to
accurately reference § 5.365 of our regulations.
Section 121.5. Modifications to and expiration of an
LTIIP.
Comments
As above, the OCA states that the proposed subsection
121.5(a) allows for only a twenty-day comment period
following the submission of a petition for modification of
an LTIIP. The OCA asserts that a twenty-day comment
period is an insufficient amount of time to allow for
review of such modifications to the LTIIP. OCA Comments
at 6. Accordingly, the OCA recommends that this proposed
subsection be modified to allow interested parties to have
at least thirty days to review a petition for modification of
an LTIIP. Id. IRRC notes the OCA’s proposal and requests the Commission to detail the factors it considered
when determining that a twenty-day comment period was
appropriate. IRRC Comments at 3.
In its comments, PECO notes proposed subsection
121.5(b) refers to ‘‘major changes.’’ PECO states that the
correct reference should be to ‘‘major modifications,’’
which is defined in proposed Section 121.2. PECO Comments at 4. Additionally, PECO notes that ‘‘minor modifications’’ are to be addressed concurrent with Commission
staff’s review of the AAO Plan. PECO asserts that a
utility is not required to file an AAO Plan unless it has
an approved DSIC. Id. Accordingly, PECO states if a
utility desires to make a minor modification to its LTIIP,
but does not have an approved DSIC, there is no process
in the current proposed regulation for this to be handled.
Id. IRRC notes PECO’s comment about the concurrent
review of minor modifications with the AAO Plan and
asks the Commission to explain how this provision will be
implemented. IRRC Comments at 3.
In their comments, EAP, Peoples, the FirstEnergy
Companies and PECO all state that proposed subsection
121.5(c) should be revised to make it clear that a utility
may choose not to file a new LTIIP. EAP Comments at 7;
Peoples Comments at 7; FirstEnergy Companies Comments at 3-4; PECO Comments at 5. The FirstEnergy
Companies assert that the proposed subsection, as currently drafted, implies that an LTIIP must always be in
place regardless of whether the utility determines to
continue or discontinue a DSIC mechanism. FirstEnergy
Companies Comments at 3. Likewise, EAP and PECO
express a similar concern about this proposed subsection.
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EAP Comments at 7; PECO Comments at 5. EAP requests that this proposed subsection be amended to
clarify that the filing of an LTIIP is required only in
conjunction with the DSIC. Id. EAP, PECO and the
FirstEnergy Companies assert that the business decision
to utilize a DSIC which requires the filing of an LTIIP
remains with the utility and it may choose to withdraw
its LTIIP at some point in the future. Id. at 7; PECO
Comments at 5; FirstEnergy Companies Comments at 4.
Additionally, Peoples states that such a revision to the
proposed subsection would affect the voluntariness of
both the filing of an LTIIP and the utilization of a DSIC
for future cost recovery by a utility. Id. Peoples further
states that the revision should allow a utility to continue
to recover through its DSIC the investment costs related
to infrastructure improvements made during the term of
the expiring LTIIP but would not allow a utility to
recover future investment costs related to future infrastructure improvements if it does not file a new LTIIP.
Peoples Comments at 8.
In its comments, the OCA states that proposed subsection 121.5(c) be modified to include references to the
five-year interval for filing a new LTIIP. OCA Comments
at 9. Additionally, the OCA states that this proposed
subsection should include language indicating that the
filing time frames will be in accordance with the phased
schedule it requested that the Commission implement
above. Id.
Resolution
This section of the proposed regulations sets forth the
procedures for modifying a Commission-approved LTIIP
to reflect any major modifications thereto during its term
and for filing a new LTIIP prior to the expiration of a
previously filed plan. Proposed subsection 121.5(a) essentially states that major modifications to the LTIIP will
require the filing of a separate petition that is subject to
comment from interested parties, while minor modifications will be considered along with the AAO Plan and
disposed of via Staff action.
The Commission notes that the OCA states that proposed subsection 121.5(a) allows for only a twenty-day
comment period following the submission of a petition for
modification of an LTIIP which it believes is an insufficient amount of time to allow for review of such modifications to the LTIIP. The OCA recommends that this
proposed subsection be modified to allow interested parties to have at least thirty days to respond to a petition
for modification. We agree with the OCA’s suggestion.
The petition will set forth major modifications to the
LTIIP; therefore, we believe that there is a compelling
reason to extend the response time. Accordingly, the
period to respond to a petition for modification of an
LTIIP is extended to thirty days. Subsection 121.5(a) of
the final form regulation incorporates this revision.
The Commission agrees with PECO’s comments regarding proposed subsection 121.5(b) and will revise the term
‘‘major changes’’ to ‘‘major modifications’’ as defined in
Section 121.2. The final form regulations will incorporate
this revision.
The Commission notes the comments of EAP, Peoples,
the FirstEnergy Companies and PECO stating that proposed subsection 121.5(c) should be revised to make it
clear that a utility may choose not to file a new LTIIP
before the expiration of the prior LTIIP. The commentators assert that the proposed subsection, as currently
drafted, implies that an LTIIP must always be in place
regardless of whether the utility determines to continue
or discontinue a DSIC mechanism. FirstEnergy Companies Comments at 3. We agree with this assertion only in
part.
The Commission believes that the decision to file a new
LTIIP before the expiration of the prior LTIIP in order to
continue with an approved DSIC mechanism, or even
after the expiration of an LTIIP in order to re-qualify for
implementing a DSIC mechanism, to some degree, is a
voluntary business decision by the utility. Thus, if a
utility allows its LTIIP to expire and chooses not to file a
new LTIIP the Commission believes that the utility has
that option. Subsection 121.5(c) of the final form regulation incorporates this concept.
Nevertheless, the Commission cautions all utilities that
simply electing not to file a new LTIIP upon the expiration of the prior LTIIP filing does not grant them the
discretion or authority to forego necessary infrastructure
improvements. As we stated above, a utility is under a
statutory directive to provide reasonable, safe and reliable
service. See 66 Pa.C.S. § 1501. If the Commission determines, after notice and opportunity to be heard, that
infrastructure improvements are necessary for safe and
reliable service, the public utility may not forgo performing these repairs. Act 11 was implemented to allow a
utility to recover reasonable and prudently incurred costs
related to the repair, improvement, and replacement of
utility infrastructure outside of the traditional manner of
filing a base rate case, not to give utilities the discretion
to ignore making necessary repairs, replacements and
improvements to aging distribution infrastructure. Accordingly, a utility has continuing statutory responsibility
to repair and upgrade its distribution infrastructure in
order to maintain adequate, efficient, safe and reliable
service, regardless of the manner in which it can obtain
cost recovery for the repairs, replacements and improvements to distribution infrastructure it has performed. 66
Pa.C.S. § 1501.
In its comments, the OCA requests that proposed
subsection 121.5(c) be modified to include references to
the five-year interval for filing a new LTIIP. Additionally,
the OCA states that this proposed subsection should
include language indicating that the filing time frames
will be in accordance with the phased schedule it requested that the Commission implement above. We did
not establish a standard term for an LTIIP per se, as we
left it to the discretion of the utility whether to go with a
five- or ten-year term for its individual LTIIP. A utility is
required to file a new LTIIP within five years, only if the
term of its prior LTIIP is for five years. Thus, we will not
revise this section of the regulations to include a reference to the five-year interval for filing a new LTIIP. It is
only incumbent for the utility to file its new LTIIP 120
days before the expiration of the term [5 or 10 ten years]
of its prior LTIIP, if the utility desires to do so. Additionally, as we stated above, we also are not establishing a
phased filing schedule for filing LTIIPs. Thus, this subsection of the final form regulation will not incorporate
OCA’s requested revisions.
Lastly, the Commission takes note of PECO’s comments
concerning the absence of the process in the current
proposed regulation for when a utility desires to make a
minor modification to its LTIIP, but does not have an
approved DSIC. In the proposed regulations, we state
that ‘‘minor’’ modifications to an LTIIP will be addressed
concurrent with the review of the filed AAO Plan. However, a utility that does not have a DSIC mechanism does
not need to file an AAO Plan. Consequently, if a utility
has an approved LTIIP, but has not filed a DSIC, the
utility need only file a revised, black-lined LTIIP incorpo-
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rating its minor modifications. In the alternative, the
Commission strongly recommends that a utility file for a
DSIC mechanism shortly after receiving approval of its
LTIIP, so the utility can promptly commence the repairs,
replacements and improvements to its infrastructure that
will ensure and maintain reliability and for which it can
seek cost recovery. Therefore, we will not incorporate this
concept into the final form regulation.
Section 121.6. Asset Optimization Plan Filings.
Comments
In their comments, both EAP and the FirstEnergy
Companies seek clarification of the term ‘‘interested
parties’’ as used in proposed subsection 121.6.(a). EAP
Comments at 7-8. FirstEnergy Companies Comments at
4. EAP states that a liberal construction of this term to
include all parties involved in most recent base rate
filings would be unwieldy. EAP Comments at 8. EAP and
the FirstEnergy Companies recommend that the language
of the proposed subsection be modified so that ‘‘interested
parties’’ includes the statutory advocates or those persons
who formally intervened and participated in the most
recent base case proceeding. Id. at 8; FirstEnergy Companies Comments at 4.
The OCA states that proposed subsection 121.6(a) does
not specify a time frame for comment regarding the
annual filing of the AAO Plan. OCA Comments at 6. The
OCA suggests that interested parties should be given
forty-five days to review and comment on an AAO Plan.
Additionally, the OCA further requests that the Commission establish a phased filing approach to ensure that
Commission staff and interested parties have sufficient
time to properly review the AAO Plans. Id. at 8.
In similar fashion, both EAP and PECO request that
the Commission consider moving the March 1st deadline
to submit the AAO Plan to April 1st since NGDCs are
already obligated to file an annual report by March 15th
with the United States Department of Transportation,
which includes much of the relevant information requested to be included in the AAO Plan. PECO states
that this will provide utilities with some additional time
in order to comply with this new regulatory filing requirement, but will not create a material delay for other
parties to review. PECO Comments at 5. IRRC notes the
concerns regarding the deadline to file the AAO Plan and
the subsequent time frame for interested parties to file
comments thereto and asks the Commission to consider
the recommendations so that it can be provided with
more accurate information and also provide interested
parties with a more meaningful time frame for reviewing
AAO Plans on a staggered basis. IRRC Comments at 3.
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service reliability at 52 Pa. Code § 57.191(a)(3) already
require EDCs to file an annual report addressing each of
the electric reliability indices (SAIFI, CAIDI and SAIDI)
for the EDCs’ individual service territories for each of the
preceding three years. EAP Comments at 8; PECO Comments at 6; FirstEnergy Companies Comments at 4. EAP
states it believes that a referral to the annual reliability
reports will meet this requirement for EDCs inasmuch as
Act 11 does not refer to reliability data as a separate
component of an AAO. EAP Comments at 8. Similarly,
PECO asserts that there should be no need to refile this
information in a second report. PECO Comments at 6.
The FirstEnergy Companies assert that this requirement
is redundant of other Commission regulations.
FirstEnergy Companies Comments at 4. Further, EAP
states that clarification is needed how this requirement to
include system reliability data affects NGDCs and
whether the Commission would accept the type of information supplied annually by NGDCs in the context of the
Winter Reliability Meeting. EAP Comments at 8.
Conversely, PECO states that if this requirement only
relates to electric utilities, since they already furnish this
same information in another report filed with the Commission, the requirement should be removed from the
AAO Plan. PECO Comments at 6. Peoples asserts that
system reliability data is not mentioned anywhere in Act
11, nor is an explanation given for its inclusion in the
proposed regulation. Peoples Comments at 8. Peoples
states that there is no apparent reason for the five-year
system reliability requirement to be set forth in proposed
paragraph 121.6(b)(3), and it is beyond the scope of Act
11. Id. Peoples states that, at a minimum, the Commission should explain how system reliability data relates to
the AAO Plan and then clarify what system reliability
data should be included with the AAO Plan filing. Id.
Accordingly, Peoples states that the requirement should
be deleted from the proposed regulation. Id. As an
alternative, EAP also agrees with the suggestion to
remove the requirement from the proposed regulation.
IRRC notes the above comments and asks the Commission to explain how the five-year system reliability requirement is consistent with Act 11, the relevancy of this
type of information for utilities other than electric utilities and why the information is needed. IRRC Comments
at 4.
Both EAP and PECO request clarification is needed as
to whether the 12-month period in proposed subsection
121.6(b)(2) is a calendar year, a fiscal year or the twelve
months beginning with the approval date of the DSIC.
EAP Comments at 8; PECO Comments at 6. PECO
recommends that the 12-month period be based on the
utility’s fiscal year as this would align the annual utility
budget and construction plans with the AAO Plan. Id.
PPL recommends that the filing date for the AAO Plan be
set three months after the end of the 12-month period
used by the utility in its LTIIP. PPL Comments at 5.
PPL, PECO, Duquesne, EAP and the FirstEnergy Companies all express concerns with the entirety of the
process associated with the review of the AAO Plan set
forth in proposed subsections 121.6(d) and (e). Specifically, PPL states that the AAO Plan could subject the
LTIIP to detailed review and scrutiny on an annual basis.
PPL Comments at 4. PPL notes that depending on the
Commission’s final definition of the term ‘‘major modification,’’ pursuant to proposed subsection 121.6(d), a utility
may need to file for major modifications on a regular
basis, which would mean that the LTIIP would be subject
to intense review on an annual or more than annual
basis. Id. PPL asserts that the proposed review process
for AAO Plans would be administratively burdensome,
potentially redundant and a burden on limited Commission resources. Id.
In their comments, EAP, PECO, Peoples and the
FirstEnergy Companies all express concern about the
requirement to include system reliability data for the
prior five years set forth in proposed subsection
121.6(b)(3). EAP, PECO and the FirstEnergy Companies
all note that Commission regulations covering electric
Additionally, Duquesne states that the Commission’s
review of an AAO Plan should be limited to whether the
utility adhered to its LTIIP, as it may not have sufficient
information to make the determination that an additional
major modification is necessary to ensure reliable service.
Duquesne Comments at 5.
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Similarly, PECO states that it believes that the intent
of the AAO Plan filing requirement was to provide the
Commission a means to determine if the utility was
following its approved LTIIP. PECO asserts that if a
utility is not in compliance with its approved LTIIP, it
should not be required to modify its LTIIP, rather it
should be required to conform to the provisions of its
approved plan. PECO Comments at 6. PECO further
asserts that if the LTIIP requires modifications because it
is not in conformity with the law or Commission requirements, it should be handled separately in proposed
Section 121.7 in connection with the periodic review of
the LTIIP. Id.
PPL states that AAO Plan filings should be treated as
informational, rather than subjecting the utility to a
mandatory review process. PPL proposes that the AAO
Plan be treated as informational in the first instance,
with no automatic opportunity for parties to comment and
without the requirement of Commission approval within
60 days. PPL Comments at 4. Accordingly, PPL recommends that the AAO Plan be treated in a manner similar
to a utility’s annual maintenance filings pursuant to 52
Pa. Code § 57.198. Id. PPL states that this modification
will not deprive the Commission of its opportunity to
review the LTIIP at any time, but will reduce potential
redundancy in the filing and review process for the
Commission without compromising the purpose of the
AAO Plan. Id. at 5.
Furthermore, PECO states that it is unclear what
would constitute an ‘‘adverse comment’’ as set forth in
proposed subsection 121.6(e). PECO Comments at 7.
PECO states that there is no definition provided for the
term ‘‘adverse comment,’’ and that it could be difficult to
determine whether a comment is truly ‘‘adverse’’ based on
its technical drafting. Id. Accordingly, PECO requests that
the phrase be removed from the proposed subsection. Id.
Additionally, PECO states that the intent of the AAO
Plan is to provide a ‘‘check’’ for the Commission and other
interested parties to ensure that the utility is operating
in compliance with its LTIIP. PECO states that there is
no requirement in Act 11 for an AAO Plan to be approved
as there is for the LTIIP.
Likewise, EAP also requests that the term ‘‘adverse
comments’’ be eliminated from proposed subsection
121.6(e). EAP Comments at 9. EAP states that the AAO
Plan is an annual report to the Commission providing
information and is not subject to public comment or
approval. Id. EAP states that while the information in the
AAO Plan may form the basis for an inquiry into whether
the DSIC should be terminated, the AAO Plan filing itself
is informational and not an adversarial or formal proceeding. EAP asserts that the use of the term ‘‘adverse
comments’’ blurs that distinction, causes confusion and is
not necessary. Id.
The FirstEnergy Companies also agree with PECO and
EAP’s suggestion that the term ‘‘adverse comments’’ be
removed from proposed subsection 121.6(e). FirstEnergy
Companies Comments at 4. Similar to EAP, the Companies assert state that the AAO Plan filing is not an
adversarial or formal proceeding, but rather is an annual
informational report to the Commission and is not subject
to public comment. Id.
Based upon the above comments, IRRC asks the Commission to explain the rationale for proposed subsection
121.6(e) and why it is appropriate that the filing of
‘‘adverse comments’’ could delay the approval of an AAO
Plan. IRRC Comments at 4.
Resolution
This section of the proposed regulations sets forth the
procedures for filing the AAO Plan and the elements for
such a plan. This section also states that the AAO plan
will be reviewed to determine whether the utility has
adhered to its LTIIP and whether any changes to the
initial LTIIP are necessary in order to maintain and
improve the safety, adequacy and reliability of its existing
distribution infrastructure. Absent any major modifications or changes, adverse comments or Commission action
within 60 days, the filing will be deemed approved.
The Commission takes note of the commentators who
express concern with the entirety of the process associated with the review of the AAO Plan. It is the position of
the commentators that there is no corresponding requirement in Act 11 for an AAO Plan to be approved, or for a
detailed review of the sufficiency of the LTIIP. The
commentators suggest that since the AAO Plan is simply
an informational filing or nothing more than a status
report to reflect the utility’s progress in making the
infrastructure improvements set forth in its approved
LTIIP, there is no need to have an automatic opportunity
for parties to comment and they also request the elimination of the requirement that the Commission give its
approval of the Plan within 60 days. The Commission
agrees with the commentators’ assertions only in part.
The public utility’s filed LTIIP indicates that it has
carefully examined its current distribution infrastructure,
including its elements, age, and performance, and established a reasonable and prudent schedule and planning of
expenditures in order to accelerate the repair, improvement and replacement of this eligible property needed to
maintain the safe, adequate, and reliable service over the
term of the LTIIP. The Commission acknowledges that
the sole purpose of the AAO Plan is to subject the LTIIP
to a compliance review on an annual basis so as to track
the utility’s progress with performing the requisite repairs, replacements and improvement for the corresponding 12-month timeframe. It is the Commission’s duty to
determine whether the utility has fully complied with its
LTIIP and a review and approval of the filed AAO plan
will ensure that the utility is operating in compliance
with its LTIIP.
However, the Commission believes that the review of an
AAO Plan should be solely limited to whether the utility
has complied with the work schedule and made the
capital improvements set forth in the approved LTIIP for
the preceding 12-month period. The Commission is persuaded by PPL’s recommendation that the review of the
AAO Plan should be treated in a manner similar to a
utility’s annual inspection and maintenance filings pursuant to 52 Pa. Code § 57.198. Accordingly, the Commission
will incorporate the concept that the AAO Plan will be
treated in a similar fashion to a utility’s annual inspection and maintenance filing in subsection 121.6(a) of the
final form regulation.
With this determination to treat the AAO Plan similar
to the maintenance reports filed under section 57.198 of
our regulations, the commentators’ concerns regarding
the term ‘‘interested parties’’ as used in proposed subsection 121.6(a) and what constitutes an ‘‘adverse comment’’
to the AAO Plan in proposed subsection 121.6(e) are now
moot. Therefore, the Commission deletes those provisions
from the final form regulation. Additionally, for the
reasons stated above, the Commission will not adopt the
OCA’s suggestion that ‘‘interested’’ parties be given fortyfive days to comment on a filed AAO Plan as these plans
do not require public comment.
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The Commission takes note of the various recommendations regarding the filing date of the AAO Plan. The OCA
requests that the Commission establish a phased filing
approach to ensure that Commission staff and interested
parties have sufficient time to properly review the AAO
Plans. Similarly, PPL recommends that the filing date for
the AAO Plan be set three months after the end of the
12-month period used by the utility in its LTIIP. In
regard to the filing date of the AAO Plan, both EAP and
PECO request that the Commission consider moving the
March 1st deadline to submit the AAO Plan to April 1st
since NGDCs are already obligated to file an annual
report by March 15th with the United States Department
of Transportation, which includes much of the relevant
information requested to be included in the AAO Plan.
The Commission agrees with the OCA that a phased
filing schedule for the AAO Plan is necessary so that the
Commission and interested parties are not inundated all
at once with AAO plans from each utility that has an
approved DSIC mechanism. Therefore, we will adopt in
part PPL’s recommendation that the AAO Plan be filed in
a specified time frame after the end date of the 12-month
period used by the utility in its LTIIP. The Commission
revises subsection 121.6(a) so that the filing date for a
utility to file its AAO Plan is 60 days after the 12-month
period used by the utility in its LTIIP. The final form
regulation incorporates this revision.
Both EAP and PECO suggest that clarification is
needed as to whether the 12-month period in proposed
subsection 121.6(b)(2) is a calendar year, a fiscal year or
the twelve months beginning with the approval date of
the DSIC. Section 1356 of the Code states that the AAO
Plan shall include a description that specifies all eligible
property repaired, improved and replaced in the immediately preceding 12-month period pursuant to the utility’s
LTIIP and prior year’s AAO Plan (if applicable). 66
Pa.C.S. § 1356. Thus, the Commission opines that if the
utility’s filed LTIIP was based on a fiscal year or reflected
a calendar year, then the 12-month time frame reflected
in the subsequently filed AAO Plan should correspond to
that same specific 12-month time frame used in the
LTIIP. Accordingly, we decline to specify in the final form
regulation whether the 12-month time frame in an AAO
Plan set forth in subsections 121.6(b)(1) and (2) is a fiscal
year, calendar year or the anniversary date of the approval of the LTIIP.
The Commission takes note of the comments of EAP,
PECO, and Peoples, which all express concern about the
requirement set forth in proposed subsection 121.6(b)(3)
to include system reliability data for the prior five years
in the AAO Plan. Peoples asserts that system reliability
data is not mentioned anywhere in the Act 11, nor is an
explanation given for its inclusion in the proposed regulation. Furthermore, EAP, PECO and the FirstEnergy
Companies all note that Commission regulations covering
electric service reliability at 52 Pa. Code § 57.191(a)(3)
already require EDCs to file an annual report of each of
the electric reliability indices (SAIFI, CAIDI and SAIDI)
for the EDCs’ individual service territories for each of the
preceding three years. EAP also states it believes that a
referral to the annual reliability reports will meet this
requirement for EDCs inasmuch as Act 11 does not refer
to reliability data as a separate component of an AAO
Plan. We agree with this position.
The Commission determines that there is no need to
include system reliability data for the prior five years in
the AAO Plan. First, we determine that requesting this
information is beyond the scope of the AA&O Plan review.
Section 1356(a) only requires that the AA&O Plan include
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the following: (1) a description that specifies all eligible
property repaired, improved and replaced in the immediately preceding 12-month period pursuant to the utility’s
long term infrastructure improvement plan and (2) a
detailed description of all the facilities to be improved in
the upcoming year. 66 Pa.C.S. §§ 1356(a)(1) and (2).
Secondly, the Commission notes that water, wastewater
companies and NGDCS are not required to file any
system reliability or performance data with us. NGDCs
file this information in their annual reports filed to US
DOT as per 49 CFR Part 191. Additionally, water and
wastewater companies are not required to file system
reliability data with the Commission but rather with the
Pennsylvania Department of Environmental Protections
and the U.S. Environmental Protection Agency. As such,
there is no need to request this information in the AAO
Plans submitted by NDGCs, water and wastewater companies. Additionally, the Commission’s regulations already require EDCs to report annually their electric
service reliability indices for their individual service
territory for each of the preceding three years, it would be
redundant to require the filing of this same or similar
information in the AAO Plan. In any event, as we
determine below, the Commission can review this reliability information when it conducts the periodic review of
the LTIIP to determine if the plan is sufficient to ensure
and maintain adequate, efficient, safe, reliable and reasonable service. During that review, EDCs can supply a
reference to their reliability reports filed subject to another section of our regulations. Accordingly, there is no
need to have this as a separate detailed component of the
AAO Plan since this information is not filed with us in
the first instance or is already required to be filed
pursuant to another section of our regulations and more
appropriately reviewed in the periodic review of the
LTIIP. Thus, this requirement is removed from the final
form regulation.
The Commission also notes PECO’s comments that if a
utility is not in compliance with its approved LTIIP, it
should not be required to modify its LTIIP but rather
should be required to conform to the provisions of its
approved plan. However, if a review of the utility’s AAO
Plan indicates that it was unable to comply with its own
schedule as it may have been ambitious in first developing it or because extraneous circumstances may have
arose that have impacted its planned schedule, we believe
it appropriate that the utility be given the option to file a
petition for modification to the LTIIP. For unforeseen
reasons, a utility may need to file for major modifications,
but we do not believe that this would be administratively
burdensome, potentially redundant or a burden on limited
Commission resources. Nonetheless, if an AAO Plan
indicates that a utility has a pattern of non-compliance
with its filed LTIIP, then that will be addressed by the
Commission separately in proposed Section 121.7 in
connection with the periodic review of the LTIIP.
Section 121.7. Periodic Review of LTIIP
PECO states it is unclear why the periodic review of
the LTIIP at least once every five years is necessary as
set forth in proposed subsection 121.7(a), if the LTIIP is
already reviewed annually as set forth in proposed Section 121.6 in connection with the filing of the AAO Plan.
PECO Comments at 7. PECO asserts that since the
Commission will already be checking the adequacy and
reliability of the LTIIP annually as part of the AAO Plan
review process, it believes that there is no additional need
for further review every five years, unless the proposed
AAO Plan review process is revised to determine only
whether a utility is in compliance with its LTIIP and not
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as a tool to analyze the appropriateness of the LTIIP. Id.
at 8. PPL also recommends that this proposed subsection
be modified to provide that the five year review requirement might be satisfied by the review of a proposed
LTIIP which replaces an expiring five-year LTIIP. Id.
Duquesne requests the Commission to consider modifying the language contained in proposed subsection
121.7(b)(2) to limit the review to a determination of
whether the utility has adhered to its LTIIP. Duquesne
states that it is concerned that the Commission may not
have sufficient information to make the determination
that changes to the LTIIP are necessary to maintain the
efficiency, safety, adequacy and reliability of the utility’s
existing distribution infrastructure.
Additionally, PECO states the proposed subsection
121.7(d) should be modified so that the utility may have
the ability to withdraw its LTIIP if found to be inadequate or if the utility does not wish to continue with it.
Id.
Lastly, Duquesne states that it believes that the proposed regulation does not address how previouslyapproved DSIC charges would be treated while awaiting
the Commission’s action to approve a refiled LTIIP.
Duquesne Comments at 4. Duquesne suggests the Commission add language stating the following, ‘‘DSIC
charges currently in effect pursuant to a previouslyapproved LTIIP may continue to be charged if the
Commission does not approve the new LTIIP within the
120 days or rejects the new LTIIP.’’ Id.
IRRC references these suggestions in it comments and
asks the Commission to explain why the language of this
section is reasonable. IRRC Comments at 4.
Resolution
This section of the proposed regulations sets forth the
procedures for the periodic review of the LTIIP, as
required by Act 11. 66 Pa.C.S. § 1352(b)(1). The proposed
section states that a periodic review shall be conducted
‘‘at least once every five years’’ or more frequently if
deemed necessary and, upon such review, the utility may
have to revise or update its LTIIP.
The Commission acknowledges those comments that
state that the periodic review of the LTIIP at least once
every five years is unnecessary as set forth in proposed
subsection 121.7(a), if the LTIIP is already extensively
reviewed annually as has been set forth in proposed
Section 121.6 in connection with the filing of the AAO
Plan. However, we have revised and limited the scope of
the entire AAO Plan review, so that now the periodic
review of the LTIIP remains a necessary and integral
part of the entire DSIC process. The Commission determines that during this periodic review, the utility’s LTIIP
will be subject to a determination of whether it has
remained adequate and sufficient to ensure reliable and
reasonable service during its term. See generally 66
Pa.C.S. § 1352(a)(7).
The Commission determines that the periodic review of
the LTIIP process will include (1) whether the utility has
adhered to the parameters of its LTIIP and (2) whether
changes to the LTIIP are necessary to continue to maintain the efficiency, safety, adequacy and reliability of the
utility’s existing distribution infrastructure. However, the
Commission is of the opinion that this periodic review can
be a rather streamlined process. While the periodic
review of the LTIIP will entail a thorough, comprehensive
and detailed review of the utility’s LTIIP, the Commission
notes that most of the information the utility would have
to submit in order to meet the threshold determinations
above are already being filed or prepared by it under
different regulations. For example, the utility would have
already filed AAO Plans that indicate that it is in
compliance with the work schedule and capital expenditures set forth in the LTIIP. Additionally, as of the result
of the accelerated work that has been performed by the
utility, the reliability of the utility’s distribution infrastructure should have increased and the risk of outages
should have been reduced.
Thus, during this periodic review, the Commission
foresees EDCs supplying a reference to the reliability
reports they already file with us subject to another
section of our regulations. See generally 52 Pa. Code
§§ 57.191—57.198. Furthermore, we also expect NGDCs
to include a reference to system leak data that is required
by the annual US DOT 7100 filed pursuant to 49 CFR
Part 191. Moreover, we state that the Commission would
also accept a reference to the type of information supplied
by NGDCs in the context of the Winter Reliability
Meeting. The Commission believes that this information
is necessary in order to determine whether the repairs,
improvements or replacements performed by the utility at
the time of the periodic review have resulted in increased
reliability. See generally 66 Pa.C.S. § 1352(a)(6).
Furthermore, we decline to adopt PPL’s recommendation that the five year review requirement might be
satisfied by the review of a proposed LTIIP which replaces an expiring five-year LTIIP. In order to be truly
effective, the periodic review must be done during the
term of the LTIIP, not when it is set to expire.
The Commission takes note of the comments that state
proposed subsection 121.7(d) should be modified so that
the utility may have the ability to withdraw its LTIIP if
found to be inadequate, or if the utility does not wish to
continue with it. We agree with this suggestion. If during
the periodic review, the Commission determines that the
LTIIP has not increased the reliability of a utility’s
infrastructure or is no longer sufficient or adequate to
ensure or maintain efficient, adequate, safe and reliable
service, the Commission shall direct the utility to revise
its LTIIP, update or re-submit its LTIIP. See 66 Pa.C.S.
§ 1352(a)(7).
Notwithstanding this statutory provision, consistent
with our statements above, the utility may also elect to
withdraw its LTIIP pursuant to the pertinent Commission
regulations. See generally 52 Pa. Code §§ 1.82 and 5.94.
However, if the utility determines to withdraw its LTIIP,
the utility will risk not being able to recover any future
expenses under its DSIC mechanism. Conversely, if the
utility decides to resubmit or refile a revised plan, the
utility may recover the previously-approved DSIC charges
for the remaining term of the LTIIP if the necessary
future repair and replacement work is performed by the
utility. The Commission incorporates this position in the
final form regulation.
Section 121.8. Enforcement of LTIIP Implementation.
Comments
In its comments, EAP contends that an LTIIP is not a
stand-alone obligation but rather a detailed infrastructure
replacement plan filed by a utility seeking approval of a
DSIC. EAP Comments at 9. Accordingly, EAP states that
Act 11 provides a specific and suitable remedy for failure
for a utility to comply to the LTIIP, which is revocation of,
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RULES AND REGULATIONS
and zeroing-out of, the DSIC. Id. EAP suggests that the
reference to civil penalties and ‘‘other remedies’’ is not in
accord with the statutory language and should be removed from the proposed enforcement actions identified
in proposed subsection 121.8(c).
Likewise, PECO states that it does not believe that a
remedy for non-compliance with an approved LTIIP
should include ‘‘civil penalties.’’ PECO Comments at 8.
PECO states that the non-compliance standard is too
indefinite to provide any meaningful assurance that a
utility will not find itself subject to a civil penalty for a
deviation that is not deemed after the fact to be ‘‘minor.’’
Additionally, PECO asserts that if a utility is not in
compliance with its LTIIP, the appropriate remedy is for
the utility to cease being permitted to use its DSIC and
the ability to collect thereunder. Id.
Furthermore, the FirstEnergy Companies state that
proposed subsection 121.8(c) implies that Act 11 creates
separate, identifiable penalty provisions outside the preexisting statutory framework of the Code. FirstEnergy
Comments at 4. The FirstEnergy Companies assert that
the existing penalty provisions of Chapter 33 of the Code
provide adequate penalty measures for violations of the
Code, including Act 11, and should not be augmented by
Commission regulations not anticipated in Act 11.
FirstEnergy Comments at 5. The FirstEnergy Companies
state the only measure specifically identified in Act 11
that can remotely be considered a penalty is provided at
66 Pa.C.S. § 1352(b), and that is the termination of the
utility’s DSIC if the utility is found to be noncompliant
with its LTIIP. Id.
The OCA states that proposed subsection 121.8(c) is not
consistent with Act 11. OCA Comments at 10. The OCA
states that clearly the legislative language concerning
termination of the DSIC is mandatory, not optional, in
instances where the Commission determines that the
utility is not in compliance with the approved LTIIP. Id.
Accordingly, the OCA asserts that this proposed subsection should be changed to bring the regulation into
conformity with the requirement of the statute that the
DSIC mechanism terminate if the Commission finds that
a utility is not in compliance with its plan. Id.
In light of the above comments regarding proposed
subsection 121.8(c), IRRC asks the Commission to explain
why the imposition of penalties is reasonable.
Resolution
This section of the proposed regulations addresses the
enforcement of Act 11 and the remedies the Commission
may prescribe for a utility’s noncompliance with its
Commission-approved LTIIP. The section also provides
that variations in individual years and non-material
changes from the Commission-approved LTIIP will not be
a basis for an enforcement action. Any enforcement
actions filed will be referred to the Office of Administrative Law Judge (OALJ) for hearing and decision.
The Commission takes note of the comments regarding
the inclusion of civil penalties as a remedy for noncompliance with an approved LTIIP. We agree that Act 11
expressly provides one remedy for failure for a utility to
comply with the LTIIP, which is the termination of the
utility’s DSIC mechanism. When the Commission has
determined, after notice and opportunity to be heard, that
certain infrastructure improvements, as set forth in the
utility’s LTIIP, are necessary to maintain safe and adequate service to consumers and where the utility nevertheless, and without adequate justification, fails to adhere
7869
to its LTIIP, the appropriate remedy in the instant LTIIP
enforcement proceeding is termination of the utility’s
approved DSIC mechanism.
However, by not being in compliance with its LTIIP, the
utility will have raised a substantial question as to
whether it is in compliance with the statutory directive
set forth in section 1501 of the Code of providing
adequate, efficient, safe and reasonable service and facilities, and civil penalties may also be applicable in a
separate proceeding.
As explained earlier herein, the utility is obligated to
make the repairs and improvements necessary to ensure
safe and reliable service. Failure to do so is a violation of
Section 1501 of the Code. 66 Pa.C.S. § 1501. And, both
civil penalties under Section 3301 and specific performance are potential remedies for failure to adhere to a
Commission-approved LTIIP. Accordingly, the Commission
retains separate statutory authority to impose other
remedies for the failure of a utility to perform the
necessary infrastructure improvements to ensure and
maintain reasonable service. 66 Pa.C.S. §§ 1501 and
3301. Whether any such remedies are appropriate would
be determined, on a case by case basis, after notice and
opportunity to be heard in a separate enforcement proceeding, not in the LTIIP enforcement proceeding.
Therefore, for purposes of these regulations under Act
11, the Commission removes the reference to imposing
‘‘civil penalties’’ and ‘‘other remedies’’ in an enforcement
action identified in subsection 121.8(c) of the final form
regulation.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71
P. S. § 745.5(a)), on October 3, 2013, the Commission
submitted a copy of the notice of proposed rulemaking,
published at 43 Pa.B. 6206 (October 19, 2013), to IRRC
and the Chairpersons of the House Consumer Affairs
Committee and the Senate Consumer Protection and
Professional Licensure Committee for review and comment.
Under section 5(c) of the Regulatory Review Act, IRRC
and the House and Senate Committees were provided
with copies of the comments received during the public
comment period, as well as other documents when requested. In preparing the final-form rulemaking, the
Commission has considered all comments from IRRC, the
House and Senate Committees and the public.
Under section 5.1(j.2) of the Regulatory Review Act (71
P. S. § 745.5a(j.2)), on November 5, 2014, the final-form
rulemaking was deemed approved by the House and
Senate Committees. Under section 5.1(e) of the Regulatory Review Act, IRRC met on November 6, 2014, and
approved the final-form rulemaking.
Conclusion
We again thank those interested parties who filed
comments on the proposed subsections of the regulation.
We find that the regulations to establish procedures for
the implementation and review of a long term infrastructure improvement plan as set forth in Annex A should be
approved. Accordingly, under sections 501, 1350—1360
and 1501 of the Public Utility Code (66 Pa.C.S. §§ 501,
1350—1360 and 1501) and the Commonwealth Documents Law, sections 1201 and 1202 of the act of July 31,
1968 (P. L. 769, No. 240) (45 P. S. §§ 1201, et seq.,) and
the regulations promulgated thereunder at 1 Pa. Code
§§ 7.1—7.5, section 204(b) of the Commonwealth Attorneys Act (71 P. S. § 732.204(b)); section 745.5 of the
Regulatory Review Act (71 P. S. § 745.5); and section 612
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of The Administrative Code of 1929 (71 P. S. § 232), and
the regulations promulgated thereunder at 4 Pa. Code
§§ 7.231—7.235, we add the regulations at 52 Pa. Code
§§ 121.1—121.7 to read as set forth in Annex A; Therefore,
It Is Ordered That:
1. The regulations of the Commission, 52 Pa. Code, are
amended by adding §§ 121.1—121.8 to read as set forth
in Annex A.
2. A copy of this Order and Annex A shall be served
upon the Energy Association of Pennsylvania, all jurisdictional electric distribution companies, natural gas utilities, all water and wastewater utilities, the Bureau of
Investigation and Enforcement, the Office of Consumer
Advocate, and the Office of Small Business Advocate.
3. The Secretary shall certify this Order and Annex A
and deposit them with the Legislative Bureau for publication in the Pennsylvania Bulletin.
4. The Secretary shall submit this order and Annex A
to the Office of Attorney General for approval as to
legality.
5. The Secretary shall submit this order and Annex A
to the Governor’s Budget Office for review of fiscal
impact.
6. The Secretary shall submit this order and Annex A
for review by the designated standing committees of both
houses of the General Assembly, and for review and
approval by the Independent Regulatory Review Commission.
7. The final regulations become effective upon publication in the Pennsylvania Bulletin.
8. The contact person for this rulemaking is Assistant
Counsel David E. Screven, Law Bureau (717) 787-2126,
[email protected] Alternate formats of this document are
available for persons with disabilities and may be obtained by contacting Sherri DelBiondo, Regulatory Coordinator, (717) 772-4597.
ROSEMARY CHIAVETTA,
Secretary
(Editor’s Note: For the text of the order of the Independent Regulatory Review Commission relating to this
document, see 44 Pa.B. 7424 (November 22, 2014).)
Fiscal Note: Fiscal Note 57-294 remains valid for the
final adoption of the subject regulations.
Annex A
TITLE 52. PUBLIC UTILITIES
PART I. PUBLIC UTILITY COMMISSION
Subpart G. DISTRIBUTION SYSTEM
IMPROVEMENT CHARGE
Chap.
121. LONG-TERM INFRASTRUCTURE IMPROVEMENT
PLAN
CHAPTER 121. LONG-TERM INFRASTRUCTURE
IMPROVEMENT PLAN
Sec.
121.1.
121.2.
121.3.
121.4.
121.5.
121.6.
121.7.
121.8.
Purpose.
Definitions.
LTIIP.
Filing and Commission review procedures.
Modifications to and expiration of an LTIIP.
AAO plan filings.
Periodic review of an LTIIP.
Enforcement of LTIIP implementation.
§ 121.1. Purpose.
To be eligible to recover the reasonable and prudently
incurred costs regarding the repair, improvement and
replacement of eligible property from a DSIC, a utility
shall submit an LTIIP for Commission approval. See 66
Pa.C.S. § 1353 (relating to distribution system improvement charge). The LTIIP must show the acceleration of
the replacement of aging infrastructure by the utility and
be sufficient to ensure and maintain adequate, efficient,
safe, reliable and reasonable service to customers.
§ 121.2. Definitions.
The following words and terms, when used in this
chapter, have the following meanings, unless the context
clearly indicates otherwise:
AAO plan—Annual asset optimization plan—The plan
and supporting documents identified in 66 Pa.C.S. § 1356
(relating to asset optimization plans) that specify the
eligible property repaired, improved or replaced by a
utility under its Commission-approved LTIIP.
DSIC—Distribution system improvement charge—A
charge imposed by a utility to recover the reasonable and
prudent costs incurred to repair, improve or replace
eligible property that is part of the utility’s distribution
system under 66 Pa.C.S. § 1353 (relating to distribution
system improvement charge).
Eligible property—Property that is part of a distribution system and eligible for repair, improvement and
replacement of infrastructure as defined in 66 Pa.C.S.
§ 1351 (relating to definitions).
LTIIP—Long-term infrastructure improvement plan—
The plan and supporting documents identified in 66
Pa.C.S. § 1352(a) (relating to long-term infrastructure
improvement plan) that shall be submitted to and approved by the Commission for a utility to be eligible to
recover costs from a DSIC mechanism, which includes
information regarding the utility’s eligible property and
its repair and replacement schedule.
Major modification—A change to a utility’s previously
approved LTIIP which meets at least one of the following
criteria:
(i) Eliminates a category of eligible property from the
LTIIP.
(ii) Extends the schedule for repair, improvement or
replacement of a category of eligible property by more
than 2 years.
(iii) Increases the total estimated cost of the LTIIP by
more than 20%.
(iv) Otherwise reflects a substantial change to the
current Commission-approved LTIIP.
Qualified personnel—An individual who, by possession
of a recognized degree, certificate or professional standing, or who by extensive knowledge, training and experience, has successfully demonstrated his ability to solve or
resolve problems relating to the subject matter, the work
or the project as established by the United States Department of Labor, Occupational Safety and Health Administration in 29 CFR 1926.32 (relating to definitions).
Utility—A natural gas distribution company, electric
distribution company, water utility, wastewater utility or
city natural gas distribution operation subject to the
jurisdiction of the Commission.
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RULES AND REGULATIONS
§ 121.3. LTIIP.
(a) A utility seeking to implement a DSIC mechanism
or to continue a previously-approved DSIC mechanism
shall file an LTIIP. The LTIIP must include the following
elements:
(1) Identification of types and age of eligible property
owned and operated by the utility for which it is seeking
DSIC recovery.
(2) An initial schedule for planned repair and replacement of eligible property.
(3) A general description of location of eligible property.
(4) A reasonable estimate of quantity of eligible property to be improved or repaired.
(5) Projected annual expenditures and means to finance the expenditures.
(6) A description of the manner in which infrastructure
replacement will be accelerated and how repair, improvement or replacement will ensure and maintain adequate,
efficient, safe, reliable and reasonable service to customers.
(7) A workforce management and training program
designed to ensure that the utility will have access to a
qualified workforce to perform work in a cost-effective,
safe and reliable manner.
(8) A description of a utility’s outreach and coordination activities with other utilities, Department of Transportation and local governments regarding the planned
maintenance/construction projects and roadways that may
be impacted by the LTIIP.
(b) The LTIIP must address only the specific property
eligible for DSIC recovery.
§ 121.4. Filing and Commission review procedures.
(a) A utility seeking to implement a DSIC mechanism
or to continue a previously-approved DSIC mechanism
shall file an LTIIP for Commission approval. The LTIIP
shall be filed with the Commission’s Secretary’s Bureau
with copies served upon the Bureau of Investigation and
Enforcement, the Office of Consumer Advocate, the Office
of Small Business Advocate and the parties of record in
the utility’s most recent base rate case. Service is evidenced by a certificate of service filed with the LTIIP.
(b) An LTIIP is a public document. If a utility believes
that a portion of the information in the LTIIP qualifies as
confidential security information under section 2 of the
Public Utility Confidential Security Information Disclosure Protection Act (35 P. S. § 2141.2) or should be
afforded proprietary and confidential treatment, the utility shall request proprietary treatment of the information
pursuant to a protective order. See §§ 5.365 and 102.1—
102.4 (relating to orders to limit availability of proprietary information; and confidential security information).
Confidential security information in the LTIIP shall be
marked confidential by the utility and excluded from the
public version of the filing.
(c) LTIIP filings are subject to a 30-day comment
period. The LTIIP will be reviewed by Commission staff.
The LTIIP will be referred to the Office of Administrative
Law Judge for hearings and a decision if comments raise
material factual issues.
(d) A utility has the burden of proof to demonstrate
that its proposed LTIIP and associated expenditures are
reasonable, cost effective and are designed to ensure and
maintain efficient, safe, adequate, reliable and reasonable
service to consumers.
7871
(e) The Commission will review the filed LTIIP and
determine if the LTIIP:
(1) Contains measures to ensure that the projected
annual expenditures are cost-effective.
(2) Specifies the manner in which it accelerates or
maintains an accelerated rate of infrastructure repair,
improvement or replacement.
(3) Is sufficient to ensure and maintain adequate,
efficient safe, reliable and reasonable service.
(4) Meets the requirements of § 121.3(a) (relating to
LTIIP).
(f) If the utility’s LTIIP, which has been filed for the
purpose of implementing a DSIC mechanism or to continue a previously-approved DSIC mechanism, does not
meet the criteria in this section or in § 121.3(a), the
Commission will order the utility to file a new or revised
LTIIP.
(g) If the Commission determines that the utility must
file a new or revised LTIIP under subsection (f), the
utility may elect to withdraw its filed LTIIP under § 1.82
or § 5.94 (relating to withdrawal or termination; and
withdrawal of pleadings in a contested proceeding). If the
utility elects to withdraw its LTIIP filing, the utility is
not eligible to implement its proposed DSIC mechanism
or to continue its previously-approved DSIC mechanism.
§ 121.5. Modifications to and expiration of an
LTIIP.
(a) If a utility elects to modify a Commission-approved
LTIIP during its term to incorporate a major modification
to any of the elements in § 121.3(a) (relating to LTIIP),
the utility shall file a separate petition for modification.
The utility shall clearly identify the change and explain
the operational, financial or other justification for the
change in its petition. The petition will be subject to
notice and an opportunity to be heard by interested
parties. Parties shall have 30 days to file comments to the
petition.
(b) Minor modifications to an LTIIP that are changes
that do not qualify as major modifications as defined in
§ 121.2 (relating to definitions) will be addressed concurrent with Commission staff’s review of the utility’s AAO
plan, if applicable.
(c) A utility seeking to continue its DSIC mechanism
after expiration of its LTIIP shall file a new LTIIP with
the Commission at least 120 days prior to the expiration
of a currently-effective LTIIP. The new LTIIP must
contain the elements in § 121.3(a) and is subject to the
review under § 121.4 (relating to filing and Commission
review procedures). If the utility fails to file a new LTIIP
before the expiration of its prior LTIIP, the approved
DSIC mechanism will terminate upon expiration of the
prior LTIIP.
§ 121.6. AAO plan filings.
(a) A utility with an approved DSIC shall file with the
Commission, for informational purposes, an AAO plan.
The AAO plan shall be filed annually with the Commission 60 days after the 12 months of its LTIIP has expired
and under this time frame for each successive year of the
term of the LTIIP.
(b) An AAO plan must include:
(1) A description that specifies all the eligible property
repaired, improved and replaced in the prior 12-month
period under its LTIIP and prior year’s AAO plan.
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(2) A description of the eligible property to be repaired,
improved and replaced in the upcoming 12-month period.
(c) If a utility determines that a major modification to
its LTIIP is necessary once it has finalized its AAO plan,
it shall submit a separate petition for modification as set
forth in § 121.5(a) (relating to modifications to and
expiration of an LTIIP) to the Commission.
(d) An AAO plan will be reviewed by the Commission
only to determine whether the utility is in substantial
compliance with the repairs, improvements or replacements of the specific eligible property in its approved
LTIIP for the corresponding 12-month time frames.
(e) Absent any major modifications to the LTIIP or
Commission action to reject an AAO plan within 60 days
of its submission to the Commission, the AAO plan will
be deemed approved. The Commission may extend its
consideration period if necessary.
(f) If an AAO plan is rejected by the Commission, the
utility will be notified of the plan’s deficiencies and
actions needed to repair, improve or replace eligible
property to bring the utility into compliance with the
work schedule in its approved LTIIP. If the utility
concludes that it needs to revise its LTIIP to comply with
the Commission’s determinations, it shall file a petition
for modification under § 121.5.
§ 121.7. Periodic review of an LTIIP.
(a) The Commission will review a utility’s LTIIP at
least once every 5 years or more frequently if deemed
necessary to address safety, reliability or other issues
related to the approved LTIIP.
(b) The Commission’s review will determine:
(1) If the utility has adhered to its LTIIP.
(2) If changes to the LTIIP are necessary to maintain
and improve the efficiency, safety, adequacy and reliability of its existing distribution infrastructure.
(c) Unless otherwise directed, the Commission’s periodic review will begin at the midpoint of the term of the
current LTIIP. The Commission will, by means of a
Secretarial Letter, establish a schedule for comments and
reply comments to aid in its periodic review.
(d) If the Commission determines during this periodic
review that a utility’s approved LTIIP is no longer
adequate to ensure and maintain efficient, adequate, safe,
reliable and reasonable service, the Commission will
direct the utility to revise, update or resubmit its LTIIP
as appropriate. If the utility elects to withdraw its LTIIP
filing under § 5.94 (relating to withdrawal of pleadings in
a contested proceeding), the utility’s approved DSIC
mechanism will immediately terminate and the utility
may not recover the expenses for the work it has
performed until it files a base rate proceeding.
§ 121.8. Enforcement of LTIIP implementation.
(a) A utility with a Commission-approved LTIIP is
obligated to comply with the infrastructure replacement
schedule and elements of that LTIIP. Compliance with the
LTIIP will be evaluated on a multiyear basis over the life
of the LTIIP. Construction expenditure variations in
individual years and minor changes or deviations from
the Commission-approved LTIIP may not be the basis for
an enforcement complaint.
(b) A Commission-approved LTIIP may be subject to
enforcement complaints brought by statutory advocates
and other interested persons. Enforcement complaints
may be referred to the Office of Administrative Law
Judge for hearings and a decision, as appropriate.
(c) The remedy for noncompliance with an approved
LTIIP is the termination of the utility’s approved DSIC
mechanism.
[Pa.B. Doc. No. 14-2619. Filed for public inspection December 19, 2014, 9:00 a.m.]
Title 58—RECREATION
FISH AND BOAT COMMISSION
[ 58 PA. CODE CHS. 95, 109 AND 111 ]
Boating
The Fish and Boat Commission (Commission) amends
Chapters 95, 109 and 111 (relating to manufacturer
installed equipment; specialty boats and waterskiing activities; and special regulations counties). The Commission is publishing this final-form rulemaking under the
authority of 30 Pa.C.S. (relating to Fish and Boat Code)
(code).
A. Effective Date
The final-form rulemaking will go into effect on January 1, 2015.
B. Contact Person
For further information on the final-form rulemaking,
contact Wayne Melnick, Esq., P. O. Box 67000, Harrisburg, PA 17106-7000, (717) 705-7810. This final-form
rulemaking is available on the Commission’s web site at
www.fish.state.pa.us.
C. Statutory Authority
The amendments to §§ 95.3 and 109.2 (relating to
lights for boats; and paddleboards and sailboards) are
published under the statutory authority of section 5123 of
the code (relating to general boating regulations). The
amendment to § 111.49 (relating to Northumberland
County) is published under the statutory authority of
section 5124 of the code (relating to particular areas of
water).
D. Purpose and Background
The final-form rulemaking is designed to improve,
enhance and update the Commission’s boating regulations. The specific purpose of the amendments is described in more detail under the summary of changes.
The Commission solicited the advice and opinion of its
Boating Advisory Board on the proposed amendments
prior to final adoption.
E. Summary of Changes
(1) Section 95.3 provides boaters with information on
the requirements for types, configurations and locations
of navigation lights on boats. These provisions are within
the actual wording of the regulation and by reference to
former Appendix A and the Inland Navigation Rules Act
of 1980 (repealed).
Based on a recent review of § 95.3, the Commission
determined that it should be amended for a number of
reasons. While there is a reference in § 95.3 to the Inland
Navigation Rules Act of 1980, Pennsylvania courts have
found there is not explicit language within the regulation
that states a boater must comply with these specific
Federal rules. In addition, the Inland Navigation Rules
Act of 1980 was moved in 2010 to 33 CFR Part 83
(relating to rules).
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Section 95.3 also does not specifically incorporate the
language of 33 CFR 83.20(b) (relating to application (Rule
20)), also referred to as Rule 20, which states:
Rules concerning lights complied with from sunset to
sunrise; other lights. The Rules concerning lights
shall be complied with from sunset to sunrise, and
during such times no other lights shall be exhibited,
except such lights as cannot be mistaken for the
lights specified in these Rules or do not impair their
visibility or distinctive character, or interfere with
the keeping of a proper lookout.
Pennsylvania courts have strictly construed the language of § 95.3 and have not interpreted it to mean that
a boater must refrain from using other lights or if other
lights are used they may not impair the visibility or
distinctive character of the required lights. The Commission’s waterways conservation officers have encountered
challenges with successfully prosecuting more severe violations such as boating under the influence when lighting
deficiencies have been cited as probable cause to conduct
a boarding.
For these reasons, the Commission amends § 95.3 to
more closely reflect the lighting requirements in 33 CFR
Part 83 and delete the reference to Appendix A. The
Commission further deletes Appendix A and relies solely
on the narrative. These amendments are not a substantive change to lighting requirements for recreational
boaters. The Commission amends § 95.3 to read as set
forth in Annex A.
(2) In recent years, paddleboarding has been gaining
popularity. Paddleboards were traditionally used to surf
in the ocean but are now being used in lakes and rivers.
Paddleboards resemble oversized surfboards and models
are designed for use on various water conditions.
Paddleboards are primarily operated by a person standing
on the board using a paddle in a manner similar to a
canoe.
The Commission amends § 109.2 to classify paddleboards as boats, to address safety issues and concerns,
and to provide clarity for operators regarding legal requirements for paddleboards that include a United States
Coast Guard approved wearable life jacket for each
person on board, a sound producing device, visual distress
signals (if operating on Lake Erie) and proper navigation
lights. In addition, a Commission use permit, boat registration, or Pennsylvania State Parks launch permit or
mooring permit is required if launching or retrieving a
paddleboard at a Commission-owned or Commissioncontrolled lake or access area or State park or forest. The
Commission amends § 109.2 to read as set forth in Annex
A.
(3) The Commission did not take action on the proposed amendments to § 109.4 (relating to waterskiing,
aquaplaning, kiteskiing and similar activities) with respect to the use of airborne devices.
(4) Section 111.49 designates a slow, no wake zone on
the southeastern shore of Packer’s Island (incorrectly
referred to as Packard’s Island) in the Susquehanna River
adjacent to Shikellamy State Park in Sunbury. The river
at Sunbury is dammed by an inflatable structure controlled by the Department of Conservation and Natural
Resources. The water impounded by this dam forms a
3,060-acre lake known as Lake Augusta. The lake extends
several miles up both the West Branch and the main
7873
stem of the Susquehanna River and provides a variety of
angling and boating opportunities. Shikellamy State Park
is located on the tip of Packer’s Island, which is also the
location of a number of homes, cottages, campsites, a boat
club and an airport.
The current slow, no wake zone is approximately 1/3
mile in length and was established by regulation in 1995
due to the number and activity of motorboats in this area
and the resulting congestion problem around the Shikellamy State Park launch ramp and boat club. The presence
of two bridges immediately upstream of the Shikellamy
State Park launch ramp limits visibility for boaters and
provided additional justification for the slow, no wake
designation. Buoys mark the upper and lower limits of
the control zone, and appropriate intermediate points.
The lengthy nature of this control zone results in boater
confusion and unnecessarily inhibits use of a significant
segment of the boating pool in this area. The Commission
therefore proposed changing the upper limit of the slow,
no wake zone to a distance of 200 feet above the Route
147 bridge.
In this final-form rulemaking, the Commission amends
§ 111.49 with one point of clarification in addition to the
amendments in the proposed rulemaking. The Commission clarifies that the downriver boundary is 250 feet
downriver from the Shikellamy State Park boat launch.
The Commission adopts the upper limit as being 200 feet
above the Route 147 bridge and corrects the name of the
island as proposed. The Commission amends § 111.49 to
read as set forth in Annex A.
F. Paperwork
The final-form rulemaking will not increase paperwork
and will not create new paperwork requirements.
G. Fiscal Impact
The final-form rulemaking will not have adverse fiscal
impact on the Commonwealth or its political subdivisions.
The final-form rulemaking will not impose new costs on
the private sector or the general public.
H. Public Involvement
Notice of proposed rulemaking was published at 44
Pa.B. 4360 (July 12, 2014). The Commission did not
receive comments regarding the proposed amendments to
§§ 95.3 and 109.2. Regarding the proposed amendment to
§ 111.49, the Commission received 6 public comments
before and 39 during the formal comment period supporting the amendment. Copies of all public comments were
provided to the Commissioners. In addition, the Commission held a meeting at Shikellamy State Park on July 31,
2014, to gather public input on the proposed amendment.
Findings
The Commission finds that:
(1) Public notice of intention to adopt the amendments
adopted by this order has been given under sections 201
and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45
P. S. §§ 1201 and 1202) and the regulations promulgated
thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(2) A public comment period was provided and all
public comments that were received were considered.
(3) The adoption of the amendments of the Commission
in the manner provided in this order is necessary and
appropriate for administration and enforcement of the
authorizing statutes.
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Order
The Commission, acting under the authorizing statutes,
orders that:
(a) The regulations of the Commission, 58 Pa. Code
Chapters 95, 109 and 111, are amended by amending
§§ 95.3, 109.2 and 111.49 and deleting Chapter 95,
Appendix A to read as set forth in Annex A.
(Editor’s Note: The proposed amendments to § 109.4
published at 44 Pa.B. 4360 are not adopted in this
final-form rulemaking.)
(b) The Executive Director will submit this order and
Annex A to the Office of Attorney General for approval as
to legality and form as required by law.
(c) The Executive Director shall certify this order and
Annex A and deposit them with the Legislative Reference
Bureau as required by law.
(d) This order shall take effect on January 1, 2015.
JOHN A. ARWAY,
Executive Director
Fiscal Note: Fiscal Note 48A-258 remains valid for
the final adoption of the subject regulations.
Annex A
TITLE 58. RECREATION
PART II. FISH AND BOAT COMMISSION
Subpart C. BOATING
CHAPTER 95. MANUFACTURER INSTALLED
EQUIPMENT
§ 95.3. Lights for boats.
(a) General rule. The navigation lights requirements in
this section shall be complied with in all weather from
sunset to sunrise on the waters of this Commonwealth.
During these times other lights may not be exhibited,
except lights that cannot be mistaken for the lights
specified in this section, lights that do not impair their
visibility or distinctive character, or interfere with the
keeping of a proper lookout. The lights prescribed in this
section must, if carried, be exhibited from sunrise to
sunset in restricted visibility and may be exhibited in all
other circumstances when it is deemed necessary. The
lights specified in this section must comply with United
States Coast Guard specifications.
(b) Definitions. The following words and terms, when
used in this section, have the following meanings, unless
the context clearly indicates otherwise:
All-round light—A light showing an unbroken light
over an arc of the horizon of 360°.
Docking light—A flood or spotlight type of light permanently installed or permanently mounted on a motorboat
that is used to illuminate a boat’s forward course of
travel.
Flashing light—A light flashing at regular intervals at
a frequency of 120 flashes or more per minute.
Masthead light—A white light placed over the fore and
aft centerline of the boat showing an unbroken light over
an arc of the horizon of 225° and fixed as to show the
light from right ahead to 22.5° abaft the beam on either
side of the boat, except that on a boat of less than 39.4
feet (12 meters) in length, the masthead light must be
placed as nearly as practicable to the fore and aft
centerline of the boat.
Restricted visibility—A condition in which visibility is
restricted by fog, mist, falling snow, heavy rainstorms,
sandstorms or other similar causes.
Sailboat—A boat under sail provided that propelling
machinery, if fitted, is not being used.
Sidelights—A green light on the starboard (right) side
and a red light on the port (left) side, each showing an
unbroken light over an arc of the horizon of 112.5° and
fixed as to show the light from right ahead to 22.5° abaft
the beam on its respective side. On a boat of less than
65.6 feet (20 meters) in length, the side lights may be
combined in one lantern carried on the fore and aft
centerline of the boat. On a boat of less than 39.4 feet (12
meters) in length, the sidelights when combined in one
lantern must be placed as nearly as practicable to the
fore and aft centerline of the boat.
Special flashing light—A yellow light flashing at regular intervals at a frequency of 50 to 70 flashes per
minute, placed as far forward and as nearly as practicable on the fore and aft centerline of the tow and
showing an unbroken light over an arc of the horizon of
not less than 180° nor more than 225° and fixed as to
show the light from right ahead to abeam and no more
than 22.5° abaft the beam on either side of the boat.
Sternlight—A white light placed as nearly as practicable at the stern showing an unbroken light over an arc
of the horizon of 135° and fixed as to show the light 67.5°
from right aft on each side of the boat.
Underway—A boat that is not at anchor, made fast to
the shore or aground.
(c) Visibility of lights.—The lights prescribed in this
section must have an intensity as specified by the United
States Coast Guard so as to be visible at the following
minimum ranges:
(1) In a boat of 164 feet (50 meters) or more in length:
a masthead light, 6 miles; a sidelight, 3 miles; a
sternlight, 3 miles; a towing light, 3 miles; a white, red,
green or yellow all-round light, 3 miles; and a special
flashing light, 2 miles.
(2) In a boat of 39.4 feet (12 meters) or more in length
but less than 164 feet (50 meters) in length: a masthead
light, 5 miles; except that when the length of the boat is
less than 65.6 feet (20 meters), 3 miles; a sidelight, 2
miles; a sternlight, 2 miles; a towing light, 2 miles; a
white, red, green or yellow all-round light, 2 miles; and a
special flashing light, 2 miles.
(3) In a boat of less than 39.4 feet (12 meters) in
length: a masthead light, 2 miles; a sidelight, 1 mile; a
sternlight, 2 miles; a towing light, 2 miles; a white, red,
green or yellow all-round light, 2 miles; and a special
flashing light, 2 miles.
(4) In an inconspicuous, partly submerged boat or
object being towed: a white all-round light, 3 miles.
(d) Motorboats underway.
(1) A motorboat underway must exhibit the following
lights:
(i) A masthead light forward.
(ii) A second masthead light abaft of and higher than
the forward one. A boat of less than 164 feet (50 meters)
in length may exhibit this light.
(iii) Sidelights.
(iv) A sternlight.
(2) An air-cushion boat when operating in the
nondisplacement mode must, in addition to the lights
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
RULES AND REGULATIONS
prescribed in paragraph (1), exhibit an all-round flashing
yellow light where it can best be seen.
(3) A motorboat of less than 39.4 feet (12 meters) in
length may, instead of the lights prescribed in paragraph
(1), exhibit an all-round white light and sidelights.
(e) Sailboats underway and unpowered boats.
(1) A sailboat underway must exhibit the following
lights:
(i) Sidelights.
(ii) A sternlight.
(2) In a sailboat of less than 65.6 feet (20 meters) in
length, the lights prescribed in paragraph (1) may be
combined in one lantern carried at or near the top of the
mast where it can best be seen.
(3) A sailboat underway may, in addition to the lights
prescribed in paragraph (1), exhibit at or near the top of
the mast, where they can best be seen, two all-round
lights in a vertical line, the upper being red and the lower
green. These lights may not be exhibited in conjunction
with the combined lantern permitted by paragraph (2).
(4) A sailboat of less than 23 feet (7 meters) in length
must, if practicable, exhibit the lights prescribed in
paragraph (1) or (2). If these lights are not exhibited, the
sailboat must have ready at hand an electric torch or
lighted lantern showing a white light that must be
exhibited in sufficient time to prevent collision.
(5) An unpowered boat may exhibit the lights prescribed in this subsection for sailboats. If these lights are
not exhibited, the unpowered boat must have ready at
hand an electric torch or lighted lantern showing a white
light that must be exhibited in sufficient time to prevent
collision.
(f) Anchored boats and boats aground.
(1) A boat at anchor must exhibit an all-round white
light where it can best be seen:
(i) In the fore part.
(ii) At or near the stern and at a lower level than the
light prescribed in subparagraph (i).
(2) A boat of less than 164 feet (50 meters) in length
may exhibit an all-round white light where it can best be
seen instead of the lights prescribed in paragraph (1).
(3) A boat aground must exhibit the lights prescribed
in paragraph (1) where they can best be seen.
(4) A boat of less than 65.6 feet (20 meters) in length,
when at anchor in a special anchorage area designated by
7875
the United States Coast Guard, is not required to exhibit
the anchor lights and shapes required under this subsection.
(g) Boats being towed. When, for any sufficient cause, it
is impracticable for a boat or object being towed to exhibit
the lights prescribed in this section, all possible measures
shall be taken to light the boat or object towed or at least
to indicate the presence of the unlighted boat or object.
(h) Docking lights. It is unlawful for a boat operator to
use docking lights while underway except when docking
and the boat is traveling at slow, no wake speed and is
within 100 feet of approaching a dock, a mooring buoy or
the shoreline.
Appendix A. (Reserved)
CHAPTER 109. SPECIALTY BOATS AND
WATERSKIING ACTIVITIES
§ 109.2. Paddleboards and sailboards.
(a) Paddleboards. For purposes of this subsection, a
paddleboard is a boat with no freeboard propelled by a
paddle, oar, pole or other device. It is unlawful for a
person to operate or attempt to operate a paddleboard on
waters of this Commonwealth without having a United
States Coast Guard approved wearable personal flotation
device on board for each person, unless otherwise required to be worn in accordance with § 97.1 (relating to
personal flotation devices). This prohibition does not
apply to persons operating or attempting to operate a
paddleboard in designated swimming, surfing or bathing
areas.
(b) Sailboards. For purposes of this subsection, a
sailboard is a type of single or double hulled boat
equipped with an articulating mast and designed to be
operated by a person standing on the board and maneuvering through the trim of the hand-held sail and distribution of body weight on the board. It is unlawful for a
person to operate or attempt to operate a sailboard on
waters of this Commonwealth unless the person is wearing a United States Coast Guard approved wearable
personal flotation device. Inflatable personal flotation
devices may not be used to meet this requirement.
CHAPTER 111. SPECIAL REGULATIONS
COUNTIES
§ 111.49. Northumberland County.
Susquehanna River. Boats are limited to slow, no wake
speed from 250 feet downriver of the Shikellamy State
Park boat launch on the south side of Packer’s Island
upriver a distance of 200 feet above the Route 147 bridge.
[Pa.B. Doc. No. 14-2620. Filed for public inspection December 19, 2014, 9:00 a.m.]
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
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PROPOSED RULEMAKING
FISH AND BOAT
COMMISSION
[ 58 PA. CODE CH. 75 ]
Fishing; Endangered Species
The Fish and Boat Commission (Commission) proposes
to amend Chapter 75 (relating to endangered species).
The Commission is publishing this proposed rulemaking
under the authority of 30 Pa.C.S. (relating to Fish and
Boat Code) (code). The proposed amendments update the
Commission’s list of threatened species.
A. Effective Date
The proposed rulemaking, if approved on final-form
rulemaking, will go into effect upon publication in the
Pennsylvania Bulletin.
B. Contact Person
For further information on the proposed rulemaking,
contact Wayne Melnick, Esq., P. O. Box 67000, Harrisburg, PA 17106-7000, (717) 705-7810. This proposed rulemaking is available on the Commission’s web site at
www.fish.state.pa.us.
C. Statutory Authority
The proposed amendments to § 75.2 (relating to threatened species) are published under the statutory authority
of section 2305 of the code (relating to threatened and
endangered species).
D. Purpose and Background
The specific purpose and background of the proposed
amendments is described in more detail under the summary of proposal.
E. Summary of Proposal
(1) Bluebreast Darter (Etheostoma camurum): The
Bluebreast Darter is a small species that inhabits rivers
and large streams, preferring fast, clean riffles and runs
having large gravel, rubble and boulder substrate. It
occurs in the Ohio River basin from western New York to
eastern Illinois, and south to the Tennessee River in
Tennessee and Alabama. It is locally common but absent
from large portions of its range. In this Commonwealth, it
occurs throughout French Creek, the middle and lower
sections of the Allegheny River and the Ohio River as
well as additional tributaries to these waterways. It
formerly occurred in the Shenango River as well but is
now considered extirpated there.
The Bluebreast Darter has experienced a considerable
range expansion since it was listed as threatened in 1999.
At that time it was spottily distributed in French Creek
and the middle Allegheny River. It is now known to occur
throughout French Creek, from near the Erie County/
New York border to its mouth in Venango County (88
river miles). It occurs in the Allegheny River from Warren
to its mouth in Pittsburgh, including the lock-and-dam
section (189 river miles), and has been documented in the
Ohio River (40 river miles) as far downriver as the
tailrace of Montgomery Lock and Dam, Beaver County. It
also occurs in much of the following areas: Tionesta Creek
and a tributary; Big Sandy Creek, Venango County;
Redbank Creek, Clarion County; Mahoning Creek,
Armstrong County; Kiskiminetas River, Armstrong and
Westmoreland Counties; and Bull Creek, Deer Creek and
Pine Creek, Allegheny County. In addition, it has experienced a similar expansion in Ohio, where it has been
collected as far downriver as the Cincinnati area and was
delisted in 2012 (Zimmerman, 2014). It has also been
collected in Oswayo Creek, Cattaraugus County, New
York.
The status of this species was reviewed using the
Commission’s documentation and objective listing/
delisting process. It exceeds criterion A.1 (Population
Reduction) in that its population is significantly increasing. Since the Bluebreast Darter now occupies more than
200 river miles of waterway, it also significantly exceeds
Criterion B.3 (Extent of Occupancy). In addition, it was
evaluated with NatureServe’s Conservation Status
Assessments Rank Calculator (Criswell, 2014) and received a State Conservation Rank of S4S5, meaning it is
apparently secure to secure in this Commonwealth with a
fairly low to very low risk of extirpation due to its
extensive range and/or many populations or occurrences.
The Fishes Technical Committee of the Pennsylvania
Biological Survey (PABS) reviewed this documentation
and rank assignment and recommended that the
Bluebreast Darter be delisted. Enough information is
available to make the determination that it is secure in
this Commonwealth at present and to justify its removal
from the Commonwealth’s list of threatened fishes. Therefore, the Commission proposes that the Bluebreast Darter
be removed from the Commonwealth’s list of threatened
species.
(2) Gilt Darter (Percina evides): The Gilt Darter is a
small species that inhabits clear rivers and large streams,
where it prefers deeper riffles and runs with moderate to
swift current over silt-free sand, gravel, cobble and
rubble. It occurs in the Mississippi River basin from New
York to Minnesota and south to northern Alabama and
northern Arkansas. It also occurs in the Maumee River
system of the Lake Erie drainage in Ohio and Indiana. In
this Commonwealth, it occurs throughout French Creek,
the middle and lower sections of the Allegheny River, and
the Ohio River.
The Gilt Darter has experienced a considerable range
expansion since it was listed as threatened in 1999. At
that time it was spottily distributed in French Creek and
the middle Allegheny River. It is now known to occur
throughout French Creek, from Erie County to its mouth
in Venango County (88 river miles). It occurs in the
Allegheny River from Warren to its mouth in Pittsburgh,
including the lock-and-dam section (189 river miles), and
has been documented in the Ohio River as far downriver
as the tailrace of Dashields Lock and Dam, Allegheny
County.
It is now common in French Creek and abundant in
sections of the Allegheny River. At least 7 benthic trawl
events from the latter have resulted in the collection of
more than 100 individuals, and 2 of those trawls included
nearly 200 specimens.
The status of this species was reviewed using the
Commission’s documentation and objective listing/
delisting process. It exceeds criterion A.1 (Population
Reduction) in that its population is significantly increasing. Since the Gilt Darter now occupies more than 150
river miles of waterway, it also significantly exceeds
Criterion B.3 (Extent of Occupancy). In addition, it was
evaluated with NatureServe’s Conservation Status
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
PROPOSED RULEMAKING
Assessments Rank Calculator (Criswell, 2014) and received a State Conservation Rank of S4, meaning it is
apparently secure in this Commonwealth with a fairly
low to very low risk of extirpation due to its extensive
range and/or many populations or occurrences. The
Fishes Technical Committee of PABS reviewed this documentation and rank assignment and recommended that
the Gilt Darter be delisted. Enough information is available to make the determination that it is secure in this
Commonwealth at present and to justify its removal from
the Commonwealth’s list of threatened fishes. Therefore,
the Commission proposes that the Gilt Darter be removed
from the Commonwealth’s list of threatened species.
(3) Spotted Darter (Etheostoma maculatum): The Spotted Darter is a small species that inhabits large streams
and rivers, where it prefers the faster, deeper portions of
riffles possessing gravel and rubble substrates. It occurs
in the Ohio River basin from western New York and
Pennsylvania to northern Indiana and south to West
Virginia and Kentucky. It is extremely localized and
uncommon in much of its range. In this Commonwealth,
it occurs in French Creek and the Allegheny River and
Ohio River.
The Spotted Darter has experienced a considerable
range expansion since it was listed as threatened in 1999.
At that time it was spottily distributed in French Creek
and the middle Allegheny River. It is now known to occur
throughout French Creek, including its West Branch,
from near the Erie County/New York border to its mouth
in Venango County (88 river miles). It occurs in the
Allegheny River from Warren to its mouth in Pittsburgh,
including the lock-and-dam section (189 river miles), and
has been documented in the Ohio River as far downriver
as the tailrace of Dashields Lock and Dam, Allegheny
County. It also occurs in Oil Creek and South Sandy
Creek.
Benthic trawls in the Allegheny River included yields of
as many as 89 and 202 individuals. It is well distributed
and relatively common, although not necessarily abundant, through its Pennsylvania range. The Spotted Darter
was recently considered for Federal protection under the
Endangered Species Act but a review published in 2011
concluded that ‘‘threats to spotted darter are not of
sufficient imminence, intensity, or magnitude that would
cause substantial losses of population distribution or
viability.’’
The status of this species was reviewed using the
Commission’s documentation and objective listing/
delisting process. It exceeds criterion A.1 (Population
Reduction) in that its population is significantly increasing. Since the Spotted Darter now occupies more than 200
river miles of waterway, it also significantly exceeds
Criterion B.3 (Extent of Occupancy). In addition, it was
evaluated with NatureServe’s Conservation Status
Assessments Rank Calculator (Criswell, 2014) and received a State Conservation Rank of S4, meaning it is
apparently secure in this Commonwealth with a fairly
low to very low risk of extirpation due to its extensive
range and/or many populations or occurrences. The
Fishes Technical Committee of PABS reviewed this documentation and rank assignment and recommended that
the Spotted Darter be delisted. Enough information is
available to make the determination that it is secure in
this Commonwealth at present and to justify its removal
from the Commonwealth’s list of threatened fishes. Therefore, the Commission proposes that the Spotted Darter be
removed from the the Commonwealth’s list of threatened
species.
7877
(4) Tippecanoe Darter (Etheostoma tippecanoe): The
Tippecanoe Darter is a small species that inhabits rivers
and large streams, where it requires clean gravel or
sand/gravel substrates. It occurs in the Ohio River basin
from western Pennsylvania to Indiana, and south to the
Cumberland River drainage in Tennessee. It is extremely
localized but locally common. In this Commonwealth, it
occurs throughout French Creek, the middle and lower
sections of the Allegheny River, the Ohio River and
additional tributaries to these waterways.
The Tippecanoe Darter has experienced a considerable
range expansion since it was listed as threatened in 1999.
At that time it was spottily distributed in French Creek
and the middle Allegheny River. It is now known to occur
throughout French Creek, from near the Erie County/
New York border to its mouth in Venango County (88
river miles). It occurs in the Allegheny River from Warren
to its mouth in Pittsburgh, including the lock-and-dam
section (189 river miles), and has been documented in the
Ohio River as far downriver as the tailrace of Montgomery Lock and Dam, Beaver County. It also occurs in the
following areas: Oil Creek, Venango County; Kiskiminetas
River, Armstrong and Westmoreland Counties; and Bull
Creek, Deer Creek and Pine Creek, Allegheny County.
Hundreds of Tippecanoe Darters were easily captured
in a riffle below Lock and Dam 3 on the Allegheny River
(Koryak et al., 2009), and at least 17 stations have
produced 20 or more individuals. It is locally common at
many locations within its Pennsylvania range.
The status of this species was reviewed using the
Commission’s documentation and objective listing/
delisting process. It exceeds criterion A1 (Population
Reduction) in that its population is significantly increasing. Since the Tippecanoe Darter now occupies more than
150 river miles of waterway, it also significantly exceeds
Criterion B3 (Extent of Occupancy). In addition, it was
evaluated with NatureServe’s Conservation Status
Assessments Rank Calculator (Criswell, 2014) and received a State Conservation Rank of S4, meaning it is
apparently secure in this Commonwealth with a fairly
low risk of extirpation due to its extensive range and/or
many populations or occurrences. The Fishes Technical
Committee of PABS reviewed this documentation and
rank assignment and recommended that the Tippecanoe
Darter be delisted. Enough information is available to
make the determination that it is secure in this Commonwealth at present and to justify its removal from the
Commonwealth’s list of threatened fishes. Therefore, the
Commission proposes that the Tippecanoe Darter be
removed from the the Commonwealth’s list of threatened
species.
The Commission therefore proposes to amend § 75.2 to
read as set forth in Annex A.
F. Paperwork
The proposed rulemaking will not increase paperwork
and will not create new paperwork requirements.
G. Fiscal Impact
The proposed rulemaking will not have adverse fiscal
impact on the Commonwealth or its political subdivisions.
The proposed rulemaking will not impose new costs on
the private sector or the general public.
H. Public Comments
Interested persons are invited to submit written comments, objections or suggestions about the proposed rulemaking to the Executive Director, Fish and Boat Commission, P. O. Box 67000, Harrisburg, PA 17106-7000, within
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
7878
PROPOSED RULEMAKING
30 days after publication of this proposed rulemaking in
the Pennsylvania Bulletin. Comments submitted by facsimile will not be accepted.
Comments also may be submitted electronically by
completing the form at www.fishandboat.com/
regcomments. If an acknowledgment of electronic comments is not received by the sender within 2 working
days, the comments should be retransmitted to ensure
receipt. Electronic comments submitted in any other
manner will not be accepted.
JOHN A. ARWAY,
Executive Director
Fiscal Note: 48A-261. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART II. FISH AND BOAT COMMISSION
Subpart B. FISHING
CHAPTER 75. ENDANGERED SPECIES
§ 75.2. Threatened species.
*
*
*
*
*
(b) Fish. The following species are threatened:
(1) Mountain brook lamprey, Ichthyomyzon greeleyi.
(2) Bigmouth shiner, Notropis dorsalis.
(3) Southern redbelly dace, Phoxinus erythrogaster.
(4) Spotted sucker, Minytrema melanops.
(5) Brindled madtom, Noturus miurus.
[ (6) Bluebreasted darter, Etheostoma camurum.
(7) Spotted darter, Etheostoma maculatum.
(8) Tippecanoe darter, Etheostoma tippecanoe.
(9) Gilt darter, Percina evides.
(10) ] (6) Chesapeake Logperch, Percina bimaculata.
*
*
*
*
*
[Pa.B. Doc. No. 14-2621. Filed for public inspection December 19, 2014, 9:00 a.m.]
[ 58 PA. CODE CH. 65 ]
Fishing; Special Fishing Regulations
The Fish and Boat Commission (Commission) proposes
to amend Chapter 65 (relating to special fishing regulations). The Commission is publishing this proposed rulemaking under the authority of 30 Pa.C.S. (relating to
Fish and Boat Code) (code).
C. Statutory Authority
The proposed amendment to § 65.24 (relating to miscellaneous special regulations) is published under the
statutory authority of section 2307 of the code (relating to
waters limited to specific purposes).
D. Purpose and Background
The proposed rulemaking is designed to improve, enhance and update the Commission’s fishing regulations.
The specific purpose of the proposed amendment is
described in more detail under the summary of proposal.
E. Summary of Proposal
Lake Perez, a 72-acre impoundment owned by The
Pennsylvania State University, is located in Barree Township, Huntingdon County, approximately 3 miles northeast from the Village of Neffs Mills. This lake was
completely dewatered during late spring 2009 to complete
dam and spillway repairs and modifications per Department of Environmental Protection dam safety standards.
The earth-fill dam, constructed in 1959, impounds Shaver
Creek at river mile 13.6 upstream from the mouth at the
Juniata River. Prior to the drawdown in 2009, access to
the shoreline was primarily provided at two discrete
access points as well as from numerous walking trails
surrounding the lake. Approximately 80% of this shoreline was considered fishable. Additionally, one boat ramp
provided boat access for nonpowered and electric motor
crafts. The lake offered angling opportunities for multiple
warm and coolwater fish species and adult trout stocked
by the Commission during spring, fall and winter offered
seasonal angling opportunities for trout. Dam and spillway repairs were completed during early summer 2014,
and the reservoir began refilling at that time.
The Commission plans to stock the lake and establish a
high quality warmwater and coolwater fishery through
fingerling plants of select species. Immediately upon
refilling of the lake, the Commission proposes to open the
lake to fishing under a miscellaneous special regulation
that will allow for the harvest of trout under Commonwealth inland regulations but allow only catch and
release fishing for all other fish species. The Commission
believes that this approach will allow the development of
a balanced warmwater and coolwater fish community to
rapidly develop while offering acceptable levels of recreational angling opportunities. The Commission will monitor the fish populations as needed while they develop and
make the necessary adjustments to the species being
stocked and the regulations governing the fishery to
continually provide high quality recreational angling opportunities at Lake Perez.
The Commission proposes to amend § 65.24 to read as
set forth in Annex A.
F. Paperwork
The proposed rulemaking will not increase paperwork
and will not create new paperwork requirements.
A. Effective Date
G. Fiscal Impact
The proposed rulemaking, if approved on final-form
rulemaking, will go into effect upon publication in the
Pennsylvania Bulletin.
The proposed rulemaking will not have adverse fiscal
impact on the Commonwealth or its political subdivisions.
The proposed rulemaking will not impose new costs on
the private sector or the general public.
B. Contact Person
For further information on the proposed rulemaking,
contact Wayne Melnick, Esq., P. O. Box 67000, Harrisburg, PA 17106-7000, (717) 705-7810. This proposed rulemaking is available on the Commission’s web site at
www.fish.state.pa.us.
H. Public Comments
Interested persons are invited to submit written comments, objections or suggestions about the proposed rulemaking to the Executive Director, Fish and Boat Commission, P. O. Box 67000, Harrisburg, PA 17106-7000, within
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
PROPOSED RULEMAKING
30 days after publication of this proposed rulemaking in
the Pennsylvania Bulletin. Comments submitted by facsimile will not be accepted.
Comments also may be submitted electronically by
completing the form at www.fishandboat.com/
regcomments. If an acknowledgment of electronic comments is not received by the sender within 2 working
7879
days, the comments should be retransmitted to ensure
receipt. Electronic comments submitted in any other
manner will not be accepted.
JOHN A. ARWAY,
Executive Director
Fiscal Note: 48A-260. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART II. FISH AND BOAT COMMISSION
Subpart B. FISHING
CHAPTER 65. SPECIAL FISHING REGULATIONS
§ 65.24. Miscellaneous special regulations.
The following waters are subject to the following miscellaneous special regulations:
County
Name of Water
*
Elk
West Branch, Clarion River
Huntingdon
Lake Perez
Huntingdon
Raystown Lake (includes
Raystown Branch from the
Raystown Dam downstream to
the confluence with the Juniata
River).
Special Regulations
*
*
*
*
The following additional restrictions apply to the ‘‘Catch and Release,
Fly-Fishing Only’’ area located on a 1/2-mile stream section from the
intersection of S. R. 219 and S. R. 4003, upstream to the Texas Gulf
Sulphur Property: Wading prohibited. Fishing permitted from east
shore only.
All species except trout—Catch and release/no harvest; it is
unlawful to take, kill or possess any fish except trout. All fish
caught other than trout must be immediately returned
unharmed.
Trout—inland regulations apply. See § 61.1. This
miscellaneous special regulation will remain in effect until
June 16, 2018.
Trout (all species)—no closed season. Daily limit: First Saturday after
April 11 until Labor Day—5 trout per day; day after Labor Day to
first Saturday after April 11 of the following year—3 trout per day.
Size limits: Inland rules apply. Smelt may be taken from shore or by
wading by means of dip nets not to exceed 20 inches in diameter or
20 inches square. The daily limit per person is the greater of 1 gallon
of smelt by volume or 200 smelt by number.
*
*
*
*
*
[Pa.B. Doc. No. 14-2622. Filed for public inspection December 19, 2014, 9:00 a.m.]
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
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STATEMENTS OF POLICY
Title 4—ADMINISTRATION
PART II. EXECUTIVE BOARD
[ 4 PA. CODE CH.9 ]
Reorganization of the Department of Human Services
The Executive Board approved a reorganization of the
Department of Human Services effective December 4,
2014.
The organization chart at 44 Pa.B. 7880 (December 20,
2014) is published at the request of the Joint Committee
on Documents under 1 Pa. Code § 3.1(a)(9) (relating to
contents of Code).
(Editor’s Note: The Joint Committee on Documents has
found organization charts to be general and permanent in
nature. This document meets the criteria of 45 Pa.C.S.
§ 702(7) (relating to contents of Pennsylvania Code) as a
document general and permanent in nature which shall
be codified in the Pennsylvania Code.)
PART II. EXECUTIVE BOARD
[ 4 PA. CODE CH. 9 ]
Reorganization of the Pennsylvania Municipal Retirement System
The Executive Board approved a reorganization of the
Pennsylvania Municipal Retirement System effective December 4, 2014.
The organization chart at 44 Pa.B. 7880 (December 20,
2014) is published at the request of the Joint Committee
on Documents under 1 Pa. Code § 3.1(a)(9) (relating to
contents of Code).
(Editor’s Note: The Joint Committee on Documents has
found organization charts to be general and permanent in
nature. This document meets the criteria of 45 Pa.C.S.
§ 702(7) (relating to contents of Pennsylvania Code) as a
document general and permanent in nature which shall
be codified in the Pennsylvania Code.)
[Pa.B. Doc. No. 14-2625. Filed for public inspection December 19, 2014, 9:00 a.m.]
[Pa.B. Doc. No. 14-2623. Filed for public inspection December 19, 2014, 9:00 a.m.]
PART II. EXECUTIVE BOARD
[ 4 PA.CODE CH. 9 ]
Reorganization of the Governor’s Office of Administration
The Executive Board approved a reorganization of the
Governor’s Office of Administration effective December 4,
2014.
The organization chart at 44 Pa.B. 7880 (December 20,
2014) is published at the request of the Joint Committee
on Documents under 1 Pa. Code § 3.1(a)(9) (relating to
contents of Code).
(Editor’s Note: The Joint Committee on Documents has
found organization charts to be general and permanent in
nature. This document meets the criteria of 45 Pa.C.S.
§ 702(7) (relating to contents of Pennsylvania Code) as a
document general and permanent in nature which shall
be codified in the Pennsylvania Code.)
[Pa.B. Doc. No. 14-2624. Filed for public inspection December 19, 2014, 9:00 a.m.]
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NOTICES
DEPARTMENT OF BANKING AND SECURITIES
Actions on Applications
The Department of Banking and Securities (Department), under the authority contained in the Act of November 30,
1965 (P. L. 847, No. 356), known as the Banking Code of 1965; the act of May 15, 1933 (P. L. 565, No. 111), known as the
Department of Banking Code; and the Act of December 19, 1990 (P. L. 834, No. 198), known as the Credit Union Code,
has taken the following action on applications received for the week ending December 9, 2014.
Under section 503.E of the Department of Banking and Securities Code (71 P. S. § 733-503.E), any person wishing to
comment on the following applications, with the exception of branch applications, may file their comments in writing with
the Department of Banking and Securities, Corporate Applications Division, 17 North Second Street, Suite 1300,
Harrisburg, PA 17101-2290. Comments must be received no later than 30 days from the date notice regarding receipt of
the application is published in the Pennsylvania Bulletin. The nonconfidential portions of the applications are on file at
the Department and are available for public inspection, by appointment only, during regular business hours. To schedule
an appointment, contact the Corporate Applications Division at (717) 783-2253. Photocopies of the nonconfidential
portions of the applications may be requested consistent with the Department’s Right-to-Know Law Records Request
policy.
BANKING INSTITUTIONS
Holding Company Acquisitions
Date
12-5-2014
Name and Location of Applicant
S&T Bancorp, Inc.
Indiana
Indiana County
Application for approval to acquire 100% of Integrity Bancshares, Inc., Camp Hill and
thereby indirectly acquire 100% of Integrity Bank, Camp Hill.
Action
Filed
Branch Applications
Date
12-8-2014
12-8-2014
Branch Relocations
Name and Location of Applicant
Location of Branch
Farmers & Merchants Trust Company
To: North Lincoln Highway
Chambersburg
Chambersburg
Franklin County
Franklin County
From: 1100 Lincoln Way West
Chambersburg
Franklin County
Susquehanna Bank
To: 4305 Marketplace Way
Lititz
Enola
Lancaster County
Cumberland County
From: 390 East Penn Drive
Enola
Cumberland County
Action
Approved
Approved
CREDIT UNIONS
Branch Applications
Date
12-9-2014
Name and Location of Applicant
Diamond Credit Union
Pottstown
Montgomery County
De Novo Branches
Location of Branch
5320 Allentown Pike
Temple
Berks County
Action
Approved
The Department’s web site at www.dobs.state.pa.us includes public notices for more recently filed applications.
GLENN E. MOYER,
Secretary
[Pa.B. Doc. No. 14-2626. Filed for public inspection December 19, 2014, 9:00 a.m.]
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
NOTICES
DEPARTMENT
OF EDUCATION
Application by Cecil College to Operate a Location
in this Commonwealth
Notice of Opportunity for
Hearing and Invitation to Protest
Under 24 Pa.C.S. § 6503(e) (relating to certification of
institutions), the Department of Education (Department)
will consider the application for approval of a Certificate
of Authority for Cecil College to offer a dual enrollment
program at Oxford Area High School.
In accordance with 24 Pa.C.S. § 6503(e), the Department will act upon the application without a hearing,
unless within 30 days after the publication of this notice
in the Pennsylvania Bulletin a written request for public
hearing is filed with the Department, along with a notice
of intervention, a petition to intervene or protest in
7893
accordance with 1 Pa. Code §§ 35.23 and 35.24 (relating
to protests) or 1 Pa. Code §§ 35.27—35.32 (relating to
intervention).
Petitions to intervene, protest and request for hearing
shall be filed with the Division of Higher and Career
Education, 333 Market Street, Harrisburg, PA 17126-0333
on or before the due date prescribed by this notice.
Persons wishing to review the application should phone
(717) 783-8228 or write to the previous address to
schedule a time for an in-office review. Duplicate copies of
the application are not available.
Persons with a disability who wish to attend the
hearing, if held, and require an auxiliary aid, service or
other accommodation to participate should contact the
Division of Higher and Career Education at (717) 7838228 to discuss accommodations.
CAROLYN C. DUMARESQ, Ed.D.,
Acting Secretary
[Pa.B. Doc. No. 14-2627. Filed for public inspection December 19, 2014, 9:00 a.m.]
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Applications, Actions and Special Notices
APPLICATIONS
THE CLEAN STREAMS LAW AND THE FEDERAL CLEAN WATER ACT
APPLICATIONS FOR NATIONAL POLLUTION DISCHARGE ELIMINATION
SYSTEM (NPDES) PERMITS AND WATER QUALITY MANAGEMENT (WQM)
PERMITS
This notice provides information about persons who have applied for a new, amended or renewed NPDES or WQM
permit, a permit waiver for certain stormwater discharges or submitted a Notice of Intent (NOI) for coverage under a
General Permit. The applications concern, but are not limited to, discharges regarding industrial, animal or sewage
waste, discharges to groundwater, discharges associated with municipal separate storm sewer systems (MS4), stormwater
associated with construction activities or concentrated animal feeding operations (CAFO). This notice is provided in
accordance with 25 Pa. Code Chapters 91 and 92a and 40 CFR Part 122, implementing The Clean Streams Law (35 P. S.
§§ 691.1—691.1001) and the Federal Clean Water Act (33 U.S.C.A. §§ 1251—1376).
Location
Permit Authority
Application Type or Category
Section I
NPDES
Renewals
Section II
NPDES
New or Amendment
Section III
WQM
Industrial, Sewage or Animal Waste; Discharge into Groundwater
Section IV
NPDES
MS4 Individual Permit
Section V
NPDES
MS4 Permit Waiver
Section VI
NPDES
Individual Permit Stormwater Construction
Section VII
NPDES
NOI for Coverage under NPDES General Permits
For NPDES renewal applications in Section I, the Department of Environmental Protection (Department) has made a
tentative determination to reissue these permits for 5 years subject to effluent limitations and monitoring and reporting
requirements in their current permits, with appropriate and necessary updated requirements to reflect new and changed
regulations and other requirements.
For applications for new NPDES permits and renewal applications with major changes in Section II, as well as
applications for MS4 Individual Permits and Individual Stormwater Construction Permits in Sections IV and VI, the
Department, based upon preliminary reviews, has made tentative determinations of proposed effluent limitations and
other terms and conditions for the permit applications. In accordance with 25 Pa. Code § 92a.32(d), the proposed
discharge of stormwater associated with construction activities will be managed in accordance with the requirements of
25 Pa. Code Chapter 102. These determinations are published as proposed actions for comments prior to taking final
actions.
Unless indicated otherwise, the United States Environmental Protection Agency (EPA) Region III Administrator has
waived the right to review or object to proposed NPDES permit actions under the waiver provision in 40 CFR 123.24(d).
Persons wishing to comment on NPDES applications are invited to submit statements to the contact office noted before
the application within 30 days from the date of this public notice. Persons wishing to comment on WQM permit
applications are invited to submit statements to the office noted before the application within 15 days from the date of
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NOTICES
this public notice. Comments received within the respective comment periods will be considered in the final
determinations regarding the applications. A comment submittal should include the name, address and telephone number
of the writer and a concise statement to inform the Department of the exact basis of a comment and the relevant facts
upon which it is based.
The Department will also accept requests for public hearings on applications. A public hearing may be held if the
responsible office considers the public response significant. If a hearing is scheduled, a notice of the hearing will be
published in the Pennsylvania Bulletin and a newspaper of general circulation within the relevant geographical area. The
Department will postpone its final determination until after a public hearing is held.
Persons with a disability who require an auxiliary aid, service, including TDD users, or other accommodations to seek
additional information should contact the Department through the Pennsylvania AT&T Relay Service at (800) 654-5984.
I. NPDES Renewal Applications
Northeast Region: Clean Water Program Manager, 2 Public Square, Wilkes-Barre, PA 18701-1915. Phone: 570-826-2511.
NPDES No.
Facility Name &
County &
Stream Name
EPA Waived
(Type)
Address
Municipality
(Watershed No.)
Y/N?
PA0061654
(Sewage)
Wallenpaupack Area
School District
Newfoundland Elementary
School WWTP
Routes 507 & 191
Newfoundland, PA 18445
Wayne County
Dreher Township
Wallenpaupack Creek
(1-C)
N
Southcentral Region: Clean Water Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110. Phone: 717-705-4707.
NPDES No.
Facility Name &
County &
Stream Name
EPA Waived
(Type)
Address
Municipality
(Watershed #)
Y/N ?
PA0247154
Possum Valley Municipal
Adams County
UNT to Opossum Creek
Y
(IW)
Authority
Menallen Township
/ 7-F
PO Box 420
Bendersville, PA 17306
PA0021245
Duncannon Borough
Perry County
Susquehanna River /
Y
(Sew)
Municipal Authority
Duncannon Borough
7-A
428 North High Street
Duncannon, PA 17020
PA0086282
Texas Eastern Transmission
Dauphin County
UNT Bow Creek / 7-D
Y
(IW)
LP—Grantville Compressor
East Hanover Township
Station
2601 Market Place Street
Harrisburg, PA 17110-9363
Northwest Region: Clean Water Program Manager,
NPDES No.
Facility Name &
(Type)
Address
PA0043826
United Erie Manufacturing
(IW)
1432 Chestnut Street
Erie, PA 16502-1705
230 Chestnut Street, Meadville, PA 16335-3481
County &
Stream Name
Municipality
(Watershed#)
Erie County
Erie City
City of Erie storm
sewers tributary to
Presque Isle Bay
(15)
EPA Waived
Y/N ?
Y
II. Applications for New or Expanded Facility Permits, Renewal of Major Permits and EPA Non-Waived
Permit Applications
Southwest Regional Office: Regional Clean Water Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745,
Telephone: 412.442.4000.
PA0042234, Sewage, Kittanning Borough Municipal Authority, 300 South McKean Street, Kittanning, PA 16201.
Facility Name: Kittanning Borough STP. This existing facility is located in Kittanning Borough, Armstrong County.
Description of Existing Activity: The application is for a renewal of an NPDES permit for an existing discharge of
treated sewage.
The receiving stream(s), Allegheny River, is located in State Water Plan Watershed 17-E and is classified for Warm
Water Fishes, aquatic life, water supply and recreation. The discharge is not expected to affect public water supplies.
The proposed effluent limits for Outfall 001 are based on a design flow of 1.2 MGD.
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NOTICES
Parameters
Flow (MGD)
pH (S.U.)
Dissolved Oxygen
Total Residual Chlorine
(Interim—From Permit
Effective Date through
36th Month of Permit)
Total Residual Chlorine
(Final—From 37th Month
of
Permit through Permit
Expiration Date)
CBOD5
BOD5
Raw Sewage Influent
Total Suspended Solids
Raw Sewage Influent
Total Suspended Solids
Fecal Coliform (CFU/100 ml)
May 1 - Sep 30
Oct 1 - Apr 30
Total Nitrogen
Ammonia-Nitrogen
Total Phosphorus
Mass (lb/day)
Average
Daily
Monthly
Maximum
Report
Report
XXX
XXX
XXX
XXX
XXX
XXX
XXX
7895
Minimum
XXX
6.0
Report
XXX
Concentration (mg/l)
Average
Weekly
Monthly
Average
XXX
XXX
XXX
XXX
XXX
XXX
1.0
XXX
XXX
XXX
375
Wkly Avg
XXX
25
Report
Report
XXX
Report
XXX
XXX
Report
300
Report
450
Wkly Avg
XXX
XXX
Report
30
XXX
45
XXX
60
XXX
XXX
XXX
XXX
1,000
XXX
XXX
XXX
XXX
10,000
XXX
XXX
XXX
200
Geo Mean
2,000
Geo Mean
XXX
Report
XXX
XXX
XXX
XXX
XXX
Report
XXX
250
0.5
XXX
Instant.
Maximum
XXX
9.0
XXX
3.3
37.5
Report
Daily Max
XXX
Report
Daily Max
1.6
50
XXX
Report
XXX
In addition, the permit contains the following requirements
Outfalls 020 and 021, which discharge to the receiving waters known as Allegheny River, serve as stormwater
discharges from areas in and around the treatment plant. These stormwater discharges shall meet the conditions in the
NPDES permit, Part C-Requirements Applicable to Stormwater Outfalls.
Part C of the NPDES permit contains a Total Residual Chlorine (TRC) Schedule of Compliance with specific milestones
to achieve compliance with the above Final Best Available Technology (BAT) effluent limits for TRC.
The EPA Waiver is not in effect.
Southeast Region: Clean Water Program Manager, 2 East Main Street, Norristown, PA 19401. Telephone 484-250-5970
PA0051985 A-2, Sewage, SIC Code 4952, Horsham Water & Sewer Authority, 617 Horsham Road, Horsham, PA
19044. Facility Name: Park Creek STP. This existing facility is located in Horsham Township, Montgomery County.
Description of Existing Activity: The application is for a major permit amendment to modify limits for Total Copper
that become effective January 1, 2015, based on a Water Effect Ratio (WER) of 2.8. The WER is a site-specific criterion
based on site conditions. For a hardness of 250 mg/l, the dissolved chronic aquatic life criterion is increased from 0.019
milligrams/liter to 0.055 mg/l. The dissolved acute aquatic life criterion is increased from 0.032 mg/l to 0.0.089 mg/l. The
average monthly limit, expressed as total recoverable copper, is increased from 0.025 mg/l to 0.068 mg/l and the daily
maximum limit is increased from 0.038 mg/l to 0.107 mg/l.
The receiving stream(s), Park Creek, is located in State Water Plan watershed 2-F and is classified for Warm Water
Fishes and Migratory Fishes, aquatic life, water supply and recreation. The discharge is not expected to affect public
water supplies.
The proposed effluent limits for Outfall 001 are based on a design flow of 2.25 MGD.
Parameters
Flow (MGD)
pH (S.U.)
Dissolved Oxygen
CBOD5
Raw Sewage Influent
May 1 - Oct 31
Nov 1 - Apr 30
Mass (lb/day)
Average
Weekly
Monthly
Average
Report
Report
XXX
XXX
XXX
XXX
XXX
187
375
XXX
281
563
Instant.
Minimum
XXX
6.0
5.0
XXX
XXX
XXX
Concentration (mg/l)
Average
Weekly
Monthly
Average
XXX
XXX
XXX
XXX
XXX
XXX
Report
10
20
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XXX
15
30
Instant.
Maximum
XXX
9.0
XXX
XXX
20
40
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NOTICES
Mass (lb/day)
Average
Weekly
Monthly
Average
Parameters
BOD5
Raw Sewage Influent
Total Suspended Solids
Raw Sewage Influent
Total Suspended Solids
Fecal Coliform (No./100 ml)
Nitrate-Nitrite as N
Jul 1 - Oct 31
Nov 1 - Jun 30
Total Nitrogen
Ammonia-Nitrogen
May 1 - Oct 31
Nov 1 - Apr 30
Total Phosphorus
Apr 1 - Oct 31
Nov 1 - Mar 31
Total Copper
Total Lead
Concentration (mg/l)
Average
Weekly
Monthly
Average
Instant.
Maximum
Report
XXX
XXX
Report
XXX
XXX
XXX
563
XXX
XXX
844
XXX
XXX
XXX
XXX
Report
30
200
Geo Mean
XXX
45
XXX
XXX
60
1,000
167.0
Report
Report
XXX
XXX
XXX
XXX
XXX
XXX
8.9
Report
Report
XXX
XXX
XXX
17.8
Report
Report
39.4
75.0
XXX
XXX
XXX
XXX
2.1
4.0
XXX
XXX
4.2
8.0
11.1
22.2
1.20
XXX
XXX
1.87
Daily Max
Report
Daily Max
XXX
XXX
XXX
XXX
0.6
1.2
0.064
XXX
Report
XXX
Report
Report
Total Hardness
Instant.
Minimum
XXX
XXX
XXX
0.100
Daily Max
Report
Daily Max
Report
Daily Max
The proposed effluent limits for Outfall 002 are based on a design flow of an average storm event.
Mass (lb/day)
Concentration (mg/l)
Average
Annual
Daily
Parameters
Monthly
Minimum
Average
Maximum
pH (S.U.)
XXX
XXX
XXX
Report
Report
XXX
XXX
XXX
Report
Report
CBOD5
Chemical Oxygen Demand
XXX
XXX
XXX
Report
Report
Total Suspended Solids
XXX
XXX
XXX
Report
Report
Oil and Grease
XXX
XXX
XXX
Report
Report
Fecal Coliform (No./100 ml)
XXX
XXX
XXX
Report
Report
Total Kjeldahl Nitrogen
XXX
XXX
XXX
Report
Report
Total Phosphorus
XXX
XXX
XXX
Report
Report
Dissolved Iron
XXX
XXX
XXX
Report
Report
1.2
2.4
XXX
XXX
XXX
Instant.
Maximum
XXX
XXX
XXX
XXX
XXX
XXX
XXX
XXX
XXX
In addition, the permit contains the following major special conditions:
• No storm water to sanitary sewers
• Remedial measures if public nuisance
• Small stream discharge
• TMDL data submission
• Whole effluent toxicity testing with renewal
• Instantaneous maximum limitations
• Fecal coliform reporting
• Necessary property rights
• Proper sludge disposal
• Notification of designation of responsible operator
• Operations and maintenance plan
• Storm water requirements
You may make an appointment to review the DEP files on this case by calling the File Review Coordinator at
484-250-5910.
The EPA Waiver is not in effect.
PA0011070, Industrial Waste, SIC Code 2521, Knoll Inc., 1235 Water Street, East Greenville, PA 18041-2202. Facility
Name: Knoll East Greenville Facility. This existing facility is located in Upper Hanover Township, Montgomery
County.
Description of Existing Activity: The application is for a renewal of an NPDES permit for an existing discharge of
treated process water (outfall 101), treated sewage (outfall 201), noncontact cooling water (outfalls 301, and 103), and
stormwater (outfalls 002, and 003) from a furniture manufacturing facility known as Knoll East Greenville Facility.
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
NOTICES
7897
The receiving stream(s), Perkiomen Creek, is located in State Water Plan watershed 3-E and is classified for Trout
Stocking, aquatic life, water supply and recreation. The discharge is not expected to affect public water supplies.
The proposed effluent limits for Outfall 001 are based on a design flow of 0.0715 MGD.
Parameters
Flow (MGD)
pH (S.U.)
Temperature (°F)
Total Suspended Solids
Total Dissolved Solids
Total Phosphorus
Mass (lb/day)
Average
Daily
Monthly
Maximum
Report
XXX
XXX
18
XXX
0.3
Report
XXX
XXX
36
XXX
XXX
Instant.
Minimum
XXX
6.0
XXX
XXX
XXX
XXX
Concentration (mg/l)
Average
Daily
Monthly
Maximum
XXX
XXX
XXX
30
1,000
0.5
XXX
XXX
XXX
60
2,000
XXX
The proposed effluent limits for MP 101 are based on a design flow of 0.0004 MGD.
Mass (lb/day)
Concentration (mg/l)
Average
Instant.
Average
Daily
Parameters
Monthly
Minimum
Monthly
Maximum
Flow (GPD)
Report
XXX
XXX
XXX
XXX
pH (S.U.)
XXX
XXX
6.0
XXX
XXX
Total Cadmium
XXX
XXX
XXX
Report
Report
Total Copper
XXX
XXX
XXX
Report
Report
Total Zinc
XXX
XXX
XXX
Report
Report
The proposed effluent limits for MP 201 are based on a design flow of 0.040 MGD.
Mass (lb/day)
Concentration (mg/l)
Average
Daily
Instant.
Average
Daily
Parameters
Monthly
Maximum
Minimum
Monthly
Maximum
Flow (GPD)
Report
XXX
XXX
XXX
XXX
pH (S.U.)
XXX
XXX
6.0
XXX
XXX
Total Residual Chlorine
XXX
XXX
XXX
0.5
XXX
8.0
13.0
XXX
25
40
CBOD5
Total Suspended Solids
10.0
15.0
XXX
30
45
Fecal Coliform (CFU/100 ml)
XXX
XXX
XXX
200
XXX
Geo Mean
Ammonia-Nitrogen
May 1 - Oct 31
3.3
XXX
XXX
10.0
XXX
Nov 1 - Apr 30
6.7
XXX
XXX
20.0
XXX
The proposed effluent limits for MP 301 are based on a design flow of 0.0311 MGD.
Mass (lb/day)
Concentration
Average
Instant.
Average
Parameters
Monthly
Minimum
Monthly
pH (S.U.)
XXX
XXX
6.0
XXX
Total Residual Chlorine
XXX
XXX
XXX
0.5
Temperature (°F)
XXX
XXX
XXX
XXX
Instant.
Maximum
XXX
9.0
110
75
2500
1.2
Instant.
Maximum
XXX
9.0
XXX
XXX
XXX
Instant.
Maximum
XXX
9.0
1.3
50
60
1,000
20.0
40.0
(mg/l)
XXX
XXX
XXX
Instant.
Maximum
9.0
1.3
110
The proposed effluent limits for MP 103 (during an emergency only) are based on a design flow of 0.0215 MGD.
Mass (lb/day)
Concentration (mg/l)
Average
Instant.
Average
Instant.
Parameters
Monthly
Minimum
Monthly
Maximum
pH (S.U.)
Total Residual Chlorine
Temperature (°F)
XXX
XXX
XXX
XXX
XXX
XXX
6.0
XXX
XXX
XXX
0.5
XXX
XXX
XXX
XXX
9.0
1.3
110
The proposed effluent limits for Outfall 002 and 003 are based on a stormwater event.
Parameters
pH (S.U.)
CBOD5
Chemical Oxygen Demand
Total Suspended Solids
Oil and Grease
Total Kjeldahl Nitrogen
Total Phosphorus
Dissolved Iron
Mass (lb/day)
Average
Monthly
XXX
XXX
XXX
XXX
XXX
XXX
XXX
XXX
XXX
XXX
XXX
XXX
XXX
XXX
XXX
XXX
Minimum
XXX
XXX
XXX
XXX
XXX
XXX
XXX
XXX
Concentration (mg/l)
Average
Daily
Monthly
Maximum
XXX
Report
XXX
Report
XXX
Report
XXX
Report
XXX
Report
XXX
Report
XXX
Report
XXX
Report
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
Instant.
Maximum
XXX
XXX
XXX
XXX
XXX
XXX
XXX
XXX
7898
NOTICES
In addition, the permit contains the following major special conditions:
• Obtain Necessary Property Rights
• Proper Sludge disposal
• BAT/BCT Reopener
• Chlorine Minimization
• Chemical Additive Requirements
• Stormwater Management
You may make an appointment to review the DEP files on this case by calling the File Review Coordinator at
484-250-5910.
The EPA Waiver is in effect.
Southcentral Region: Clean Water Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110. Phone: 717-705-4707.
PA0031992, Sewage, SIC Code 8412, PA DCNR State Parks Bureau, 15795 Greenwood Road, Huntingdon, PA
16652-5831. Facility Name: Greenwood Furnace State Park. This existing facility is located in Jackson Township,
Huntingdon County.
Description of Existing Activity: The application is for a renewal of an NPDES permit for an existing discharge of
treated Sewage.
The receiving stream, East Branch Standing Stone Creek, is located in State Water Plan watershed 11-B and is
classified for High Quality Waters—Cold Water Fishes, aquatic life, water supply and recreation. The discharge is not
expected to affect public water supplies.
The proposed effluent limits for Outfall 001 are based on a design flow of 0.015 MGD.
Mass (lb/day)
Concentration (mg/l)
Average
Daily
Annual
Daily
Instant.
Parameters
Monthly
Maximum
Minimum
Average
Maximum
Maximum
Flow (MGD)
Report
Report
XXX
XXX
XXX
XXX
pH (S.U.)
May 1 - Sep 30
XXX
XXX
6.0
XXX
XXX
9.0
pH
Oct 1 - Apr 30
XXX
XXX
6.0
XXX
XXX
9.0
Dissolved Oxygen
May 1 - Sep 30
XXX
XXX
5.0
XXX
XXX
XXX
Oct 1 - Apr 30
XXX
XXX
5.0
XXX
XXX
XXX
Total Residual Chlorine
May 1 - Sep 30
XXX
XXX
XXX
0.5
1.6
XXX
Avg Mo
Oct 1 - Apr 30
XXX
XXX
XXX
0.5
1.6
XXX
Avg Mo
XXX
XXX
XXX
25
XXX
50
CBOD5
Avg Mo
Total Suspended Solids
XXX
XXX
XXX
30
XXX
60
Avg Mo
Fecal Coliform (CFU/100 ml)
May 1 - Sep 30
XXX
XXX
XXX
200
XXX
1,000
Geo Mean
Oct 1 - Apr 30
XXX
XXX
XXX
2,000
XXX
10,000
Geo Mean
Nitrate-Nitrite as N
XXX
XXX
XXX
Report
XXX
XXX
Total Nitrogen
XXX
XXX
XXX
Report
XXX
XXX
Ammonia-Nitrogen
XXX
XXX
XXX
Report
XXX
XXX
Total Kjeldahl Nitrogen
XXX
XXX
XXX
Report
XXX
XXX
Total Phosphorus
XXX
XXX
XXX
Report
XXX
XXX
You may make an appointment to review the DEP files on this case by calling the File Review Coordinator at
717-705-4732.
The EPA Waiver is in effect.
PAS803501, Storm Water, SIC Code 4581, Susquehanna Area Region Airport Authority, One Terminal Drive,
Middletown, PA 17057. Facility Name: Harrisburg International Airport. This existing facility is located in Lower
Swatara Township, Dauphin County.
Description of Existing Activity: The application is for a renewal of an NPDES permit for an existing discharge of
Storm Water associated with Industrial Activities.
The receiving stream(s), Susquehanna River and Unnamed Tributary to Susquehanna River, is located in State Water
Plan watershed 7-C and is classified for Warm Water Fishes and Migratory Fishes, aquatic life, water supply and
recreation. The discharge is not expected to affect public water supplies.
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
NOTICES
The proposed effluent limits for Outfalls 001—012:
Mass (lb/day)
Average
Daily
Parameters
Monthly
Maximum
pH (S.U.)
CBOD5
Chemical Oxygen Demand
Total Suspended Solids
Oil and Grease
Total Iron
Total Glycol
XXX
XXX
XXX
XXX
XXX
XXX
XXX
XXX
XXX
XXX
XXX
XXX
XXX
XXX
7899
Minimum
XXX
XXX
XXX
XXX
XXX
XXX
XXX
The proposed effluent limits for Internal Monitoring Point 105:
Mass (lb/day)
Average
Daily
Parameters
Monthly
Maximum
Minimum
Total Suspended Solids
Benzene
1,2-cis-Dichloroethylene
Trichloroethylene
Vinyl Chloride
XXX
XXX
XXX
XXX
XXX
XXX
XXX
XXX
XXX
XXX
XXX
XXX
XXX
XXX
XXX
Concentration (mg/l)
Average
Daily
Monthly
Maximum
XXX
XXX
XXX
XXX
XXX
XXX
XXX
Report
Report
Report
Report
Report
Report
Report
Concentration (mg/l)
Average
Daily
Monthly
Maximum
75
0.005
0.07
0.005
0.002
XXX
XXX
XXX
XXX
XXX
Instant.
Maximum
XXX
XXX
XXX
XXX
XXX
XXX
XXX
Instant.
Maximum
187
0.0125
0.175
0.0125
0.005
In addition, the permit contains the following major special conditions:
• Monitoring of Outfalls 001—012 must be conducted during the winter season (December through March), while
deicing operations are occurring, and so that a time span of three to four weeks separates monitoring events.
• Storm water discharges associated with aircraft deicing activities shall be controlled to prevent, or minimize to the
maximum extent feasible, deicing materials from flowing or being carried by storm water runoff into waters of the
Commonwealth
• Owners or operators of storm water discharges from airport runways and taxiways subject to deicing operations shall
develop and implement a program of BMPs designed to minimize the runoff of deicing and anti-icing materials from
airport runways and taxiways to the waters of the Commonwealth
• There shall be no discharge of airfield pavement deicers containing urea. To comply with this limitation, any existing
point source must certify annually that it does not use airfield deicing products that contain urea.
• Requirements Applicable to Stormwater Outfalls
• List of Copermittees:
You may make an appointment to review the DEP files on this case by calling the File Review Coordinator at
717-705-4732.
The EPA Waiver is in effect.
PAS603504, Storm Water, SIC Code 5015, Buck Auto Sales and Salvage Co., 915 Lancaster Pike, Quarryville, PA
17566. Facility Name: Buck Auto Sales and Salvage Co. This existing facility is located in Providence Township,
Lancaster County.
Description of Existing Activity: The application is for a renewal of an expired NPDES permit for an existing discharge
of Storm Water associated with Industrial Activities.
The receiving stream(s), Conowingo Creek, is located in State Water Plan watershed 7-K and is classified for High
Quality Waters—Cold Water Fishes and, aquatic life, water supply and recreation. The discharge is not expected to affect
public water supplies.
The proposed effluent limits for Outfall 001
Mass (lb/day)
Average
Daily
Parameters
Monthly
Maximum
pH (S.U.)
Total Suspended Solids
Oil and Grease
Total Kjeldahl Nitrogen
Total Iron
XXX
XXX
XXX
XXX
XXX
XXX
XXX
XXX
XXX
XXX
Minimum
XXX
XXX
XXX
XXX
XXX
Concentration (mg/l)
Average
Daily
Monthly
Maximum
XXX
XXX
XXX
XXX
XXX
Report
Report
Report
Report
Report
Instant.
Maximum
XXX
XXX
XXX
XXX
XXX
In addition, the permit contains the following major special conditions:
• Requirements Applicable to Stormwater Outfalls
You may make an appointment to review the DEP files on this case by calling the File Review Coordinator at
717-705-4732.
The EPA Waiver is in effect.
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
7900
NOTICES
PA0246417, Storm Water, SIC Code 5015, State Line Salvage Inc., 2632 Robert Fulton Highway, Peach Bottom, PA
17563. Facility Name: State Line Salvage Facility. This existing facility is located in Fulton Township, Lancaster
County.
Description of Existing Activity: The application is for a renewal of an NPDES permit for an existing discharge of
stormwater associated with industrial activities.
The receiving stream(s), Unnamed Tributary of Conowingo Creek, is located in State Water Plan watershed 7-K and is
classified for High Quality Waters—Cold Water Fishes and, aquatic life, water supply and recreation. The discharge is not
expected to affect public water supplies.
The proposed effluent limits for Outfalls 001 and 002:
Mass (lb/day)
Average
Daily
Monthly
Maximum
XXX
XXX
XXX
XXX
XXX
XXX
XXX
XXX
XXX
XXX
Parameters
pH (S.U.)
Total Suspended Solids
Oil and Grease
Total Kjeldahl Nitrogen
Total Iron
Minimum
XXX
XXX
XXX
XXX
XXX
Concentration (mg/l)
Average
Daily
Monthly
Maximum
XXX
Report
XXX
Report
XXX
Report
XXX
Report
XXX
Report
Instant.
Maximum
XXX
XXX
XXX
XXX
XXX
In addition, the permit contains the following major special conditions:
• Requirements Applicable to Stormwater Outfalls
You may make an appointment to review the DEP files on this case by calling the File Review Coordinator at
717-705-4732.
The EPA Waiver is in effect.
PA0246727, Sewage, SIC Code 4952, Dudley Carbon Coalmont Joint Municipal Authority, PO Box 276, Dudley,
PA 16634-0276. Facility Name: Dudley Carbon Coalmont STP. This existing facility is located in Carbon Township,
Huntingdon County.
Description of Existing Activity: The application is for a renewal of an NPDES permit for an existing discharge of
treated Sewage.
The receiving stream(s), Shoup Run, is located in State Water Plan watershed 11-D and is classified for Warm Water
Fishes, aquatic life, water supply and recreation. The discharge is not expected to affect public water supplies.
The proposed effluent limits for Outfall 001 are based on a design flow of 0.071 MGD.
Mass (lb/day)
Concentration (mg/l)
Average
Daily
Average
Weekly
Parameters
Monthly
Maximum
Minimum
Monthly
Average
Flow (MGD)
Report
Report
XXX
XXX
XXX
pH (S.U.)
XXX
XXX
6.0
XXX
XXX
Dissolved Oxygen
XXX
XXX
5.0
XXX
XXX
24
CBOD5
15
Wkly Avg
XXX
25
40
BOD5
Raw Sewage Influent
Report
Report
XXX
Report
XXX
Total Suspended Solids
Raw Sewage Influent
Report
Report
XXX
Report
XXX
Total Suspended Solids
18
27
XXX
30
45
Wkly Avg
Fecal Coliform (CFU/100 ml)
May 1 - Sep 30
XXX
XXX
XXX
200
XXX
Geo Mean
Oct 1 - Apr 30
XXX
XXX
XXX
2,000
XXX
Geo Mean
XXX
XXX
Report
XXX
XXX
UV Intensity (mW/cm2)
Nitrate-Nitrite as N
XXX
XXX
XXX
Report
XXX
Avg Qrtly
Total Nitrogen
XXX
XXX
XXX
Report
XXX
Avg Qrtly
Total Kjeldahl Nitrogen
XXX
XXX
XXX
Report
XXX
Avg Qrtly
Total Phosphorus
XXX
XXX
XXX
Report
XXX
Avg Qrtly
Total Aluminum
Report
XXX
XXX
Report
XXX
Total Iron
Report
XXX
XXX
Report
XXX
Total Manganese
Report
XXX
XXX
Report
XXX
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
Instant.
Maximum
XXX
9.0
XXX
50
XXX
XXX
60
1,000
10,000
XXX
XXX
XXX
XXX
XXX
XXX
XXX
XXX
NOTICES
7901
In addition, the permit contains the following major special conditions:
• Restrictions on acceptance of hauled-in wastes at the treatment facility under certain conditions, unless otherwise
approved by DEP in writing
• Solids management and reporting requirements
You may make an appointment to review the DEP files on this case by calling the File Review Coordinator at
717-705-4732.
The EPA Waiver is not in effect.
PA0083003, SIC Code 4941, Dudley-Carbon-Coalmont Joint Municipal Authority, PO Box 276, Dudley, PA
16634-0276. Facility Name: Dudley-Carbon-Coalmont JMA Water System. This existing facility is located in Carbon
Township, Huntingdon County.
Description of Existing Activity: The application is for a renewal of an NPDES permit for an existing discharge of
treated water treatment filter backwash.
The receiving stream(s), Shoup Run, is located in State Water Plan watershed 11-D and is classified for Warm Water
Fishes, aquatic life, water supply and recreation. The discharge is not expected to affect public water supplies.
The proposed effluent limits for Outfall 001 are based on a design flow of 0.024 MGD.
Parameters
Flow (MGD)
pH (S.U.)
Total Suspended Solids
Nitrate-Nitrite as N
Total Nitrogen
Mass (lb/day)
Average
Daily
Monthly
Maximum
Report
Report
XXX
XXX
Report
Report
XXX
XXX
XXX
XXX
XXX
XXX
XXX
XXX
Total Kjeldahl Nitrogen
Total Phosphorus
Concentration (mg/l)
Average
Daily
Instant.
Minimum
Monthly
Maximum
Maximum
XXX
XXX
XXX
XXX
6
XXX
XXX
9
XXX
30
60
75
XXX
Report
XXX
XXX
Annl Avg
XXX
Report
XXX
XXX
Annl Avg
Report
XXX
Annl Avg
XXX
XXX
XXX
Report
XXX
XXX
Annl Avg
XXX
0.75
0.75
0.75
XXX
1.5
3.0
3.75
XXX
1.0
2.0
2.5
files on this case by calling the File Review Coordinator at
Total Aluminum
Report
Report
Total Iron
Report
Report
Total Manganese
Report
Report
You may make an appointment to review the DEP
717-705-4732.
The EPA Waiver is not in effect.
PA0261238, SIC Code 6514, Civils Michael D, 369 Trouts Lane, Duncansville, PA 16635. Facility Name: Michael
Civils Residence. This existing facility is located in Allegheny Township, Blair County.
Description of Existing Activity: The application is for a renewal of an NPDES permit for an existing discharge of
treated sewage.
The receiving stream(s), unnamed tributary of Sugar Run, is located in State Water Plan watershed 11-A and is
classified for Cold Water Fishes, aquatic life, water supply and recreation. The discharge is not expected to affect public
water supplies.
The proposed effluent limits for Outfall 001 are based on a design flow of 0.0004 MGD.
Mass (lb/day)
Average
Monthly
Report
XXX
XXX
XXX
XXX
XXX
XXX
XXX
XXX
XXX
XXX
XXX
Concentration (mg/l)
Average
Instant.
Parameters
Minimum
Monthly
Maximum
Flow (MGD)
XXX
XXX
XXX
XXX
pH (S.U.)
6
XXX
XXX
9
Total Residual Chlorine
XXX
Report
XXX
XXX
XXX
10
XXX
20
CBOD5
Total Suspended Solids
XXX
10
XXX
20
Fecal Coliform (CFU/100 ml)
XXX
200
XXX
1,000
Geo Mean
You may make an appointment to review the DEP files on this case by calling the File Review Coordinator at
717-705-4732.
The EPA Waiver is in effect.
PA0261220, SIC Code 6514, Brenneman Jason, 11973 Hartslog Valley Road, Huntingdon, PA 16652. Facility Name:
Brenneman Jason Residence. This existing facility is located in Walker Township, Huntingdon County.
Description of Existing Activity: The application is for a renewal of an NPDES permit for an existing discharge of
treated sewage.
The receiving stream(s), Crooked Creek, is located in State Water Plan watershed 11-B and is classified for Warm
Water Fishes, aquatic life, water supply and recreation. The discharge is not expected to affect public water supplies.
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
7902
NOTICES
The proposed effluent limits for Outfall 001 are based on a design flow of 0.0004 MGD.
Mass (lb/day)
Concentration (mg/l)
Average
Average
Parameters
Monthly
Minimum
Monthly
Flow (MGD)
pH (S.U.)
Total Residual Chlorine
CBOD5
Total Suspended Solids
Fecal Coliform (CFU/100 ml)
Report
XXX
XXX
XXX
XXX
XXX
XXX
XXX
XXX
XXX
XXX
XXX
Instant.
Maximum
XXX
6
XXX
XXX
XXX
XXX
XXX
XXX
XXX
XXX
XXX
9
Report
XXX
XXX
10
XXX
20
10
XXX
20
200
XXX
1,000
Geo Mean
You may make an appointment to review the DEP files on this case by calling the File Review Coordinator at
717-705-4732.
The EPA Waiver is in effect.
III. WQM Industrial Waste and Sewerage Applications under The Clean Streams Law
Southeast Region: Clean Water Program Manager, 2 East Main Street, Norristown, PA 19401, 484.250.5900
WQM Permit No. WQG02091421, Sewage, Bucks County Water & Sewer Authority, 1275 Almshouse Road,
Warrington, PA 18976.
This proposed facility is located in Doylestown Township, Bucks County.
Description of Action/Activity: Construction and operation of a pump station and sewer extension.
WQM Permit No. 4601405, Amendment, Montgomery Township Municipal Sewer Authority, 1001 Stump Road,
Montgomeryville, PA 18936.
This proposed facility is located in Montgomery Township, Montgomery County.
Description of Action/Activity: Installation of septage screening unit with grit removal.
Southwest Regional Office: Regional Clean Water Program Manager, 400 Waterfront Dr, Pittsburgh, PA 15222-4745.
Phone: 412.442.4000.
WQM Permit No. 0214408, Sewage, Pittsburgh Water and Sewer Authority, 1200 Penn Ave, Pittsburgh, PA
15222.
This proposed facility is located in Pittsburgh City, Allegheny County.
Description of Proposed Action/Activity: construction of sewer extension.
Northwest Region: Clean Water Program Manager, 230 Chestnut Street, Meadville, PA 16335-3481
WQM Permit No. 2514404, Sewage, Summit Township Sewer Authority, 8890 Old French Road, Erie, PA
16509-5459.
This proposed facility is located in Summit Township, Erie County.
Description of Proposed Action/Activity: Construction of sewage pump station, gravity sewers, and force main.
WQM Permit No. WQG01251411, Sewage, John R. Stull, 1689 Old State Road, Waterford, PA 16441.
This proposed facility is located in Waterford Township, Erie County.
Description of Proposed Action/Activity: Single Residence Sewage Treatment Plant to replace a malfunctioning on-lot
system.
VI. NPDES Individual Permit Applications for Discharges of Stormwater Associated with Construction
Activities
Southeast Region: Water Management Program Manager, 2 East Main Street, Norristown, PA 19401
NPDES
Applicant Name &
Receiving
Permit No.
Address
County
Municipality
Water/Use
PAI01
Island View Crossing II, L.P.
Bucks
Bristol Borough
Delaware River
0914006
1 South State Street
WWF
Newtown, PA 18940
PAI01
Planebrook Partners, LLC
Chester
East Whiteland
Tributary of Valley
1514037
2298 Horseshoe Pike
Township
Creek
Honey Brook, PA 19344
EV
PAI01
1514036
Renehan Building Group, Inc.
318 East King Street
Malvern, PA 19355
Chester
East Goshen Township
Ridley Creek
HQ—TSF—MF
PAI01
1514042
Jeffrey & Julie Milne
13 Barrington Lane
Chester Springs, PA 19425
Chester
East Nantmeal
Township
South Branch French
Creek
EV
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
NOTICES
NPDES
Permit No.
PAI01
1514043
Applicant Name &
Address
Swedesford Partners, L.P.
1875 Church Road
Malvern, PA 19355
County
Chester
7903
Municipality
East Whiteland
Township
Receiving
Water/Use
Valley Creek
EV
Northeast Region: Watershed Management Program Manager, 2 Public Square, Wilkes-Barre, PA 18701-1915.
Lehigh County Conservation District, Lehigh Ag Center, Suite 102, 4184 Dorney Park Rd, Allentown, PA 18104
NPDES
Applicant Name &
Receiving
Permit No.
Address
County
Municipality
Water/Use
PAI023914023
Gary Graham
Pennsylvania Turnpike
Commission
P. O. Box 67676
Harrisburg, PA 17106
Lehigh
Washington Township
UNT to Trout Creek
(CWF, MF)
EV Wetlands
Trout Creek (CWF, MF)
Quarry to Trout Creek
(CWF, MF)
PAI023914027
Thomas G. JeBran
City Line Place, LLC
2012 Industrial Drive
Bethlehem, PA 18017
Lehigh
City of Bethlehem
Monocacy Creek
(HQ-CWF, MF)
PAI023914024
Bill Bumber
Liberty Property Trust
74 West Broad Street
Bethlehem, PA 18018
Charles Burkert
Cedar-Trexler Plaza 2, LLC
& Cedar-Trexler Plaza 3, LLC
44 S. Bayles Avenue
Port Washington, NY
Lehigh
Upper Macungie
Township
Tributary to Schaeffer
Run (HQ-CWF, MF)
Lehigh
Lower Macungie
Township & Upper
Macungie Township
Little Lehigh Creek
(HQ-CWF, MF)
PAI023909004(2)
Monroe County Conservation District, 8050 Running Valley Rd., Stroudsburg PA 18360-0917
NPDES
Applicant Name &
Permit No.
Address
County
Municipality
PAI024509005R
Monroe-Pike Land, LLC
Monroe
Hamilton Township
507 Seven Bridge Road
East Stroudsburg, PA 18301
Receiving
Water/Use
McMichaels Creek
(HQ-CWF, MF)
Northampton County Conservation District, 14 Gracedale Avenue, Greystone Bldg, Nazareth, PA 18064-9211
NPDES
Applicant Name &
Receiving
Permit No.
Address
County
Municipality
Water/Use
PAI024814015
GLICA Bethlehem, LLC
Northampton
Hanover Township
Monocacy Creek
800 East 96th Street, Suite 175
(HQ-CWF, MF)
Indianapolis, IN 46240
Southcentral Region: Waterways & Wetlands Program, 909 Elmerton Avenue, Harrisburg, PA 17110-8200, Nathan
Crawford, Section Chief, 717.705.4802.
Permit #
PAI030714006
Applicant Name &
Address
ABCD Corporation
3900 Industrial Park Drive
Altoona, PA 16602
and
Sheetz, Inc.
351 Sheetz Way
Claysburg, PA 16625
County
Municipality
Receiving
Water/Use
Blair
Greenfield Township
Beaverdam Creek/CWF
Northcentral Region: Waterways & Wetlands Program Manager, 208 West Third Street, Williamsport, PA 17701
Lycoming County
NPDES
Permit No.
PAI044114004
Conservation District: 542 County Farm Road Suite 202, Montoursville, PA 17754, (570) 433-3003
Applicant Name &
Receiving
Address
County
Municipality
Water/Use
Raymond Zomok
Lycoming
McHenry Township
Pine Creek
DCNR—Div of Design
EV
400 Market St FL 8
Harrisburg PA 17101
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
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NOTICES
Southwest Region: Waterways & Wetlands Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745. (412)
442.4315
Permit No.
Applicant & Address
County
Municipality
Stream Name
PAI056514012
Mon Valley Sewage Authority
20 S. Washington Ave
Donora, PA 15033
Westmoreland
City of Monessen
Monongahela River
(WWF)
STATE CONSERVATION COMMISSION
PROPOSED NUTRIENT MANAGEMENT PLANS RELATED TO APPLICATIONS
FOR NPDES PERMITS FOR CAFOs
This notice provides information about agricultural operations that have submitted nutrient management plans (NMPs)
for approval under 3 Pa.C.S. Chapter 5 and that have or anticipate submitting applications for new, amended or renewed
NPDES permits, or Notices of Intent (NOIs) for coverage under a general permit, for CAFOs, under 25 Pa. Code Chapter
92a. This notice is provided in accordance with 25 Pa. Code Chapter 92a and 40 CFR Part 122, implementing The Clean
Streams Law and the Federal Clean Water Act.
Based upon preliminary reviews, the State Conservation Commission (SCC) or County Conservation Districts (CCD)
working under a delegation agreement with the SCC have completed an administrative review of NMPs described. These
NMPs are published as proposed plans for comment prior to taking final actions. The NMPs are available for review at
the CCD office for the county where the agricultural operation is located. A list of CCD office locations is available at
http://www.nacdnet.org/about/districts/directory/pa.phtml or can be obtained from the SCC at the office address listed or
by calling (717) 787-8821.
Persons wishing to comment on an NMP are invited to submit a statement outlining their comments on the plan to the
CCD, with a copy to the SCC for each NMP, within 30 days from the date of this public notice. Comments received within
the respective comment periods will be considered in the final determinations regarding the NMPs. Comments should
include the name, address and telephone number of the writer and a concise statement to inform the SCC of the exact
basis of the comments and the relevant facts upon which they are based. Comments should be sent to the SCC,
Agriculture Building, Room 310, 2301 North Cameron Street, Harrisburg, PA 17110.
Persons with a disability who require an auxiliary aid, service, including TDD users or other accommodations to seek
additional information should contact the SCC through the Pennsylvania AT&T Relay Service at (800) 654-5984.
APPLICATIONS
NUTRIENT MANAGEMENT PLAN—PUBLIC NOTICE SPREADSHEET
Special Protection
Waters (HQ or
EV or NA)
Renewal/
New
Pullet /
Swine
NA
Renewal
186.6
Poultry /
Beef
None
Renewal
1,284.9
378
Poultry
NA
New
1,245
1,726.27
Dairy
Eleven Mile
Creek, HQ
Big Hollow, HQ
Deering
Hollow, HQ
Dwight Hollow, HQ
County
Total
Acres
Animal
Equivalent
Units
Dauphin
0
571.98
Perry
432.2
Phillip Reisinger
684 Green Valley Rd.
Landisburg, PA 17040
Perry
Hoffman Family Farm, LLC
243 Healy Road
Shinglehouse, PA 16748
Potter
Agricultural Operation
Name and Address
Carsonville Farm, LP
2716 Powells Valley Rd,
Halifax, PA 17032
Sunrise Farms
Kenneth Beers
1236 Newport Road
Duncannon, PA 17020
PUBLIC WATER SUPPLY (PWS)
PERMITS
Under the Pennsylvania Safe Drinking Water Act (35
P. S. §§ 721.1—721.17), the following parties have applied
for PWS permits to construct or substantially modify
public water systems.
Persons wishing to comment on permit applications are
invited to submit statements to the office listed before the
application within 30 days of this public notice. Comments received within this 30-day comment period will be
considered in the formulation of the final determinations
regarding an application. A comment should include the
Animal
Type
name, address and telephone number of the writer and a
concise statement to inform the Department of the exact
basis of a comment and the relevant facts upon which it
is based. A public hearing may be held after consideration
of comments received during the 30-day public comment
period.
Following the comment period, the Department will
make a final determination regarding the proposed permit. Notice of this final determination will be published
in the Pennsylvania Bulletin at which time this determination may be appealed to the Environmental Hearing
Board.
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
NOTICES
7905
The permit application and related documents are on
file at the office listed before the application and available
for public review. Arrangements for inspection and copying information should be made with the office listed
before the application.
Description of Action
Persons with a disability that require an auxiliary aid,
service or other accommodations to participate during the
30-day public comment period should contact the office
listed before the application. TDD users may contact the
Department through the Pennsylvania AT&T Relay Service at (800) 654-5984.
Permit No. 3614518, Public Water Supply.
Applicant
Warwick Township Municipal
Authority
SAFE DRINKING WATER
Municipality
County
Warwick Township
Lancaster
Responsible Official
Daniel Zimmerman, Authority
Administrator
315 Clary Road
Litiz, PA 17543
Public Water Supply
Applications Received Under the Pennsylvania Safe
Drinking Water Act
Type of Facility
Southeast Region: Safe Drinking Water Program Manager, 2 East Main Street, Norristown, PA 19401
Consulting Engineer
Steven E. Riley, P.E.
Entech Engineering, Inc
PO Box 32
Reading, PA 19603
Application Received:
Description of Action
11/7/2014
New Well No. 2 for the
Rothsville System of Warwick
Township Municipal Authority.
Permit No. WA-149E Public Water Supply
Applicant
City
Borough
Responsible Official
Type of Facility
Consulting Engineer
Application Received
Date
Description of Action
Pennsylvania American
Water
Montgomery
Royersford
Pennsylvania American Water
4 Wellington Boulevard
Suite-2
Wyomissing, PA 19610
PWS
Gannett Fleming, Inc.
P.O. Box 67100
Harrisburg, PA 17106-7100
October 3, 2014
Renewal of water allocation
permit numbers WA-149C and
WA-14D for the right to
withdraw up to a maximum of 5
MGD from Schuylkill River and
the right to purchase 1.0 MGD
from Phoenixville Municipal
Waterworks, respectively.
Southcentral Region: Safe Drinking Water Program
Manager, 909 Elmerton Avenue, Harrisburg, PA 17110
Permit No. 6714506, Public Water Supply.
Applicant
Franklintown Borough
Municipal Authority
Municipality
Franklintown Borough
County
Responsible Official
York
Richard H. Blouch,
Manager/Operator
PO Box 88
116 South Baltimore Street
Franklintown, PA 17323-0088
Installation of a temporary
pumpstaion and chlorine contact
tank to allow for the inspection
of the existing finished water
storage tank.
Northcentral Region: Safe Drinking Water Program
Manager, 208 West Third Street, Suite 101, Williamsport,
PA 17701-6448
Application No. 4114505—Construction Public Water Supply.
Applicant
[Township or Borough]
County
Responsible Official
Type of Facility
Consulting Engineer
Muncy Borough Municipal
Authority
Muncy Creek Township
Lycoming
Edward Breon, Authority
Chairman
Muncy Borough Municipal
Authority
14 North Washington Street
Muncy, PA 17756
Public Water Supply
Entech Engineering, Inc.
Mary Beth Peters, P.E.
685 S. Mountain Blvd, Suite A
Mountain Top, PA 18707
Application Received
December 4, 2014
Description of Action
200,000 gallon elevated water
tank and booster pump station
located along Industrial Parkway
at the Kellogg’s facility.
Northwest Region: Safe Drinking Water Program Manager, 230 Chestnut Street, Meadville, PA 16335-3481
Type of Facility
Public Water Supply
Permit No. 2514505, Public Water Supply
Applicant
Summit Township Water
Authority
Consulting Engineer
Craig J. Zack, P.E.
KPI Technology
143 Carlisle Street
Gettysburg, PA 17325
10/24/2014
Township or Borough
County
Responsible Official
Type of Facility
Application Received:
Waterford Township
Erie
John Troutman
Public Water Supply
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
7906
NOTICES
Consulting Engineer
Application Received
Date
Description of Action
August E. Maas, P.E.
Hill Engineering, Inc.
8 Gibson Street
North East, PA 16428
November 17, 2014
Application No. 2614515MA, Minor Amendment.
Applicant
[Township or Borough]
Replace filter media and install
chemical feed system.
Responsible Official
M. Curtis Fontaine
Manager of Operations,
Engineering
Municipal Authority of
Westmoreland County
124 Park & Pool Road
New Stanton, PA 15672
Type of Facility
Consulting Engineer
Water system
Application Received
Date
December 9, 2014
Description of Action
Installation of approximately
3,000 feet of 8-inch diameter
waterline along Hills Church
Road.
MINOR AMENDMENT
Applications Received Under the Pennsylvania Safe
Drinking Water Act
Southwest Region: Water Supply Management Program
Manager, 400 Waterfront Drive, Pittsburgh, PA 152224745
Application No. 2614513MA, Minor Amendment.
Applicant
Municipal Authority of
Westmoreland County
124 Park & Pool Road
New Stanton, PA 15672
[Township or Borough] Mount Pleasant Township
Responsible Official
M. Curtis Fontaine
Manager of Operations,
Engineering
Municipal Authority of
Westmoreland County
124 Park & Pool Road
New Stanton, PA 15672
Type of Facility
Consulting Engineer
Application Received
Date
Description of Action
Water system
December 9, 2014
Installation of approximately
1,000 feet of 12-inch diameter
waterline along Kecksburg Road.
Application No. 2614514MA, Minor Amendment.
Applicant
Municipal Authority of
Westmoreland County
124 Park & Pool Road
New Stanton, PA 15672
[Township or Borough]
Rostraver Township
Responsible Official
M. Curtis Fontaine
Manager of Operations,
Engineering
Municipal Authority of
Westmoreland County
124 Park & Pool Road
New Stanton, PA 15672
Water system
Type of Facility
Application No. 2614516MA, Minor Amendment.
Applicant
Municipal Authority of
Westmoreland County
124 Park & Pool Road
New Stanton, PA 15672
[Township or Borough] Mount Pleasant Township
Responsible Official
M. Curtis Fontaine
Manager of Operations,
Engineering
Municipal Authority of
Westmoreland County
124 Park & Pool Road
New Stanton, PA 15672
Type of Facility
Water system
Consulting Engineer
Application Received
Date
Description of Action
Installation of approximately
3,000 feet of 8-inch diameter
waterline along Reservoir Road.
[Township or Borough]
Hempfield Township
Responsible Official
M. Curtis Fontaine
Manager of Operations,
Engineering
Municipal Authority of
Westmoreland County
124 Park & Pool Road
New Stanton, PA 15672
Water system
December 9, 2014
Installation of approximately
7,600 feet of 8-inch diameter
waterline along Indian Hill
Road.
December 9, 2014
Application No. 2614517MA, Minor Amendment.
Applicant
Municipal Authority of
Westmoreland County
124 Park & Pool Road
New Stanton, PA 15672
Consulting Engineer
Application Received
Date
Description of Action
Municipal Authority of
Westmoreland County
124 Park & Pool Road
New Stanton, PA 15672
Mount Pleasant Township
Type of Facility
Consulting Engineer
Application Received
Date
December 9, 2014
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
NOTICES
Description of Action
Installation of approximately
1,600 feet of 12-inch diameter
waterline along
Greensburg-Mount Pleasant
Road.
7907
Application Received
Date
Description of Action
Application No. 4560004-T1, Minor Amendment.
Applicant
Glades Pike Estate Mobile
Home Park
4035 Glades Pike
Somerset, PA 15501
[Township or Borough]
Responsible Official
Somerset Township
Margaret Hay, Owner
Glades Pike Estate Mobile Home
Park
4035 Glades Pike
Somerset, PA 15501
Water system
Type of Facility
Consulting Engineer
Application Received
Date
Description of Action
December 8, 2014
Transfer of the Public Water
Supply permit for Glades Pike
Estate MHP from Roger Hay to
Margaret Hay.
Application No. 0407507-T1, Minor Amendment.
Applicant
Lakeview Personal Care
498 Lisbon Road
Darlington, PA 16115
[Township or Borough] Ohioville Borough
Responsible Official
Eric Trehar, Administrator
Lakeview Person Care
498 Lisbon Road
Darlington, PA 16115
Type of Facility
Water system
Consulting Engineer
Application Received
December 2, 2014
Date
Description of Action
Transfer of the Public Water
Supply permit for Lakeview
Personal Care from Outlook
Pointe Commons to Lakeview
Personal Care.
Application No. 3014517MA, Minor Amendment.
Applicant
Southwestern Pennsylvania
Water Authority
1442 Jefferson Road
PO Box 187
Jefferson, PA 15344
[Township or Borough] Wayne
Responsible Official
Type of Facility
Consulting Engineer
John Golding, Manager
Southwestern Pennsylvania
Water Authority
1442 Jefferson Road
PO Box 187
Jefferson, PA 15344
Water system
Bankson Engineers, Inc.
267 Blue Run Road
Suite 200
Cheswick, PA 15024
November 30, 2014
Installation of approximately
4,940 feet of 8-inch diameter
waterline (Oak Forest Road
waterline extension).
Northwest Region: Safe Drinking Water Program Manager, 230 Chestnut Street, Meadville, PA 16335-3481
Application No. 6198501-MA2, Minor Amendment.
Applicant
Borough of Rouseville
Township or Borough
Rouseville Borough
Responsible Official
Type of Facility
Ginger McFadden
Public Water Supply
Consulting Engineer
Craig J. Bauer, P.E.
KLH Engineers, Inc.
5173 Campbells Run Road
Pittsburgh, PA 15205
November 17, 2014
Application Received
Date
Description of Action
Bankson Hill Storage Tank
WATER ALLOCATIONS
Applications received under the act of June 24,
1939 (P. L. 842, No. 365) (35 P. S. §§ 631—641)
relating to the Acquisition of Rights to Divert
Waters of the Commonwealth
Southcentral Region: Safe Drinking Water Program
Manager, 909 Elmerton Avenue, Harrisburg, PA 171108200
WA 22-53D, Water Allocations. Capital Region Water (PWS ID No. 7010049), Dauphin County. The
applicant is requesting the right to withdraw 13.5 million
gallons per day (mgd) from Dehart Reservoir on Clarks
Creek and 15.0 mgd from the Susquehanna River, both in
Dauphin County, with a combine annual average withdrawal of 15.0 mgd. Applicant Address: Shannon G.
Williams PE, Engineering Director, The Harrisburg Authority, 212 Locust Street, Suite 302, Harrisburg, PA
17107-7107. Consulting Engineer: Erin N. Threet, P.E.
Herbert Rowland & Grubic, Inc., 130 Buffalo Road, Ste.
103, Lewisburg, PA 17837. Application Received: 12/1/
2014.
LAND RECYCLING AND
ENVIRONMENTAL REMEDIATION
UNDER ACT 2, 1995
PREAMBLE 1
Acknowledgment of Notices of Intent to Remediate
Submitted under the Land Recycling and Environmental Remediation Standards Act (35 P. S.
§§ 6026.101—6026.907)
Sections 302—305 of the Land Recycling and Environmental Remediation Standards Act (act) (35 P. S.
§§ 6026.302—6026.305) require the Department to publish in the Pennsylvania Bulletin an acknowledgment
noting receipt of Notices of Intent to Remediate. An
acknowledgment of the receipt of a Notice of Intent to
Remediate is used to identify a site where a person
proposes to, or has been required to, respond to a release
of a regulated substance at a site. A person intending to
use the background standard, Statewide health standard,
the site-specific standard or intend to remediate a site as
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
7908
NOTICES
a special industrial area shall file a Notice of Intent to
Remediate with the Department. A Notice of Intent to
Remediate filed with the Department provides a brief
description of the location of the site, a list of known or
suspected contaminants at the site, the proposed remediation measures for the site and a description of the
intended future use of the site. A person who demonstrates attainment of one or a combination of cleanup
standards or receives approval of a special industrial area
remediation identified under the act will be relieved of
further liability for the remediation of the site for contamination identified in reports submitted to and approved by the Department. Furthermore, the person shall
not be subject to citizen suits or other contribution
actions brought by responsible persons not participating
in the remediation.
Under sections 304(n)(1)(ii) and 305(c)(2) of the act,
there is a 30-day public and municipal comment period
for sites proposed for remediation using a site-specific
standard, in whole or in part, and for sites remediated as
a special industrial area. This period begins when a
summary of the Notice of Intent to Remediate is published in a newspaper of general circulation in the area of
the site. For the following site, proposed for remediation
to a site-specific standard or as a special industrial area,
the municipality, within which the site is located, may
request to be involved in the development of the remediation and reuse plans for the site if the request is made
within 30 days of the date specified as follows. During
this comment period, the municipality may request that
the person identified as the remediator of the site develop
and implement a public involvement plan. Requests to be
involved and comments should be directed to the
remediator of the site.
For further information concerning the content of a
Notice of Intent to Remediate, contact the environmental
cleanup program manager in the Department regional
office listed before the notice. If information concerning
this acknowledgment is required in an alternative form,
contact the community relations coordinator at the appropriate regional office. TDD users may telephone the
Department through the AT&T Relay Service at (800)
654-5984.
The Department has received the following Notices of
Intent to Remediate:
Northcentral Region: Environmental Cleanup & Brownfields Program Manager, 208 West Third Street, Williamsport, PA 17701
Bower HHO Release, 108 East Summit Street, Avis
Borough, Clinton County. MEA, Inc., 1365
Ackermanville Road, Bangor, PA 18013, on behalf of Paul
Bower, 108 East Summit Street, Avis, PA 17721. A
heating oil tank at the residence leaked, and contaminated the soil at the property with heating oil. The
affected property is zoned residential and will remain
residential in the future. The Notice of Intent to Remediate was published in the Lock Haven Express on November 11, 2014
Sunbury Generation LP Coal Yard, 2394 North Old
Trail Road, Shamokin Dam, Snyder County. L.R.
Kimball, 615 W. Highland Avenue, Ebensburg, PA 15913,
on behalf of Sunbury Generation LP, 2394 North Old
Trail Road, submitted a Notice of Intent to Remediate.
The site was used as a coal storage yard for the coal fired
boilers. The site is intended to attain a site specific
standard for soils. The Notice of Intent to Remediate was
published in the Sunbury Daily Item on August 10, 2014
Hawkins Chevrolet, 435 Mill Street, Danville Borough, Montour County. ECS Mid-Atlantic, LLC, 56
Grumbacher Road, Suite D, York, PA 17406, on behalf of
Hawkins Chevrolet, 435 Mill Street, Danville, PA 17821,
submitted a Notice of Intent to Remediate concerning
remediation of site soil and groundwater contaminated
with volatile organic compounds, semi-volatile organic
compounds and lead. The report is intended to document
remediation of the site to meet the Site-specific Standard.
Northeast Region: Eric Supey, Environmental Cleanup
and Brownfields Program Manager, 2 Public Square,
Wilkes-Barre, PA 18701-1915.
James Property, 25 Center Avenue, Schuylkill Haven
Borough, Schuylkill County. Ira Walton, United Environmental Services Inc., has submitted a Notice of Intent
to Remediate on behalf of his client, Patrick James, 51
Longview Dr., Schuylkill Haven, PA 17972, concerning the
remediation of soil found to have been impacted by #2
fuel oil as a result of a mistaken delivery to the property.
The applicant proposes to remediate the site to meet the
Residential Statewide Health Standard for soil. The
intended future use of the site is residential. A summary
of the Notice of Intent to remediate was published in The
Express Times on March 26, 2012.
Jeffers Farm Pipeline Right-of-Way, Harford Township, Susquehanna County. Steven Vedder, EP&S of
Vermont Inc., has submitted a Notice of Intent to Remediate on behalf of his client, Jeffers Farms Inc., 12330
Pennsylvania 106, Kingsley, PA 18826, and Loomis Lake
Association Inc., 20 Lakewood Road, Tunkhannock, PA
18657, concerning the remediation of soil found to have
been impacted by Brine related compounds as a result of
malfunction on a natural gas pipeline. The applicant
proposes to remediate the site to meet the Background
Standard, and Residential Statewide Health Standard for
soil. The intended future use of the site is a natural
gaspipeline right of way surrounded by undeveloped
fields/wooded lands. A summary of the Notice of Intent to
remediate was published in The Scranton Times on
October 9, 2012.
Synthetic Thread Facility, City of Bethlehem,
Lehigh County. Douglas Sammak, American Analytical
& Environmental Inc., has submitted a Notice of Intent to
Remediate on behalf of his client, 378 Development, LP,
1177 6th Street, Whitehall, PA 18052-5212, concerning
the remediation of soil and groundwater found to have
been impacted by heating oil as a result of a release
discovered during the removal of previously abandoned
underground storage tanks. The applicant proposes to
remediate the site to meet the Residential Statewide
Health Standard for soil and groundwater. The intended
future use of the site is commercial/residential. A summary of the Notice of Intent to Remediate was published
in The Times News on October 29, 2012.
Southwest Region: Environmental Cleanup & Brownfield Development Program Manager, 400 Waterfront
Drive, Pittsburgh, PA 15222-4745
Indiana Work Center, 76 Airport Road, White Township, Indiana County. Leidos Engineering, LLC., 180
Gordon Drive Suite 109, Exton, PA 19341 on behalf of
Verizon Pennsylvania, LLC., 966 South Matlack Street,
West Chester, PA 19382 has submitted a Notice of Intent
to Remediate (NIR) to meet a combination Site Specific
and Statewide Health standards concerning site groundwater contaminated with BTEX and chlorinated solvents,
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
NOTICES
and site soils contaminated with tetrachloroethylene and
chloroform. The intended future use of the property is
non-residential/industrial. Notice of the NIR was published in the Indiana Gazette on November 22, 2014.
RESIDUAL WASTE GENERAL PERMITS
Application(s) Received Under the Solid Waste
Management Act (35 P. S. §§ 6018.101—6018.1003);
the Municipal Waste Planning, Recycling and
Waste Reduction Act (53 P. S. §§ 4000.101—
4000.1904); and Residual Waste Regulations for a
General Permit to Operate Residual Waste Processing Facilities and the Beneficial Use of Residual Waste other than Coal Ash.
Northeast Region: Regional Solid Waste Manager, 2
Public Square, Wilkes-Barre, PA 18711-0790
General Permit Application No. WMGR017-NE001.
Borough of Schuylkill Haven, 12 West Main Street,
Schuylkill Haven, PA 17972. A renewal application for the
continued beneficial use of water treatment plant sludge
from the Tumbling Run Water Plant located in North
Manheim Township, Schuylkill County. The application
was received by the Regional Office on December 2, 2014
and the application was deemed administratively complete on December 3, 2014.
Comments concerning the application should be directed to Roger, Bellas, Environmental Program Manager,
Waste Management Program, Northeast Regional Office,
2 Public Square, Wilkes-Barre, PA 18711-0790 at 570-8262511. TDD users may contact the Department through
the Pennsylvania Relay service, (800) 654-5984. Public
comments must be submitted within 60 days of this
notice and may recommend revisions to, and approval or
denial of the application.
OPERATE WASTE PROCESSING OR DISPOSAL
AREA OR SITE
Application received, under the Solid Waste Management Act, the Municipal Waste Planning, Recycling and Waste Reduction Act and regulations to
operate a Solid Waste Processing or Disposal Area
or Site.
Southwest Region: Regional Solid Waste Manager, 400
Waterfront Drive, Pittsburgh, PA 15222-4745. Telephone
412-442-4000.
Permit ID No. 301267: Allegheny Energy Supply
Company, LLC, 800 Cabin Hill Drive, Greensburg, PA
15601-1650. Armstrong Power Station, S.R. 4006, near
Reesedale, Kittanning, PA 16201. An application for a
10-year renewal of the Armstrong Power Station Coal
Combustion By-Products (CCB) Landfill in Washington
Township, Armstrong County. The application was received in the Regional Office on November 17, 2014.
Permit ID No. WMGR123SW018. TerrAqua Resources Management, LLC, 1000 Commerce Park
Drive, Williamsport, PA 17701. Registration request for
authorization for a processing facility for the beneficial
use of oil and gas liquid waste proposed to be operated at
the MAX Environmental-Bulger Facility in Smith Township, Washington County. Application was received in
the Regional Office on October 6, 2014 and returned to
the applicant on December 10, 2014.
7909
MUNICIPAL WASTE GENERAL PERMITS
Application for General Permit Under the Solid
Waste Management Act, the Municipal Waste
Planning, Recycling and Waste Reduction Act and
Municipal Waste Regulations for a General Permit to Operate Municipal Waste Processing Facilities and the Beneficial Use of Municipal Waste.
Central Office: Division of Municipal and Residual
Waste, Rachel Carson State Office Building, 14th Floor,
400 Market Street, Harrisburg, PA 17106-9170.
General Permit Application No. WMGM017D015.
Christopher Pieretti, Kitchen Harvest, Inc. 733 Foss
Avenue, Drexel Hill PA, 19026, Delaware County,
Middletown Township. This permit is for the processing
and beneficial use of compost of manure, yard waste,
source separated food scraps from food markets, grocery
stores, food banks, food distribution centers, school cafeterias and institutions, source-separated newspaper and
source-separated corrugated paper as soil substitute, soil
conditioner, fertilizer, mulch or soil amendment. The
application was deemed administratively complete by the
Bureau of Waste Management on December 5, 2014.
Persons with questions may contact Scott E. Walters,
Chief, Permits Section, Division of Municipal and Residual Waste, Bureau of Waste Management, P.O. Box
69170, Harrisburg, PA 17106-9170, 717-787-7381. TDD
users may contact the Department through the Pennsylvania Relay service, (800) 654-5984.
AIR QUALITY
PLAN APPROVAL AND OPERATING PERMIT
APPLICATIONS
The Department has developed an ‘‘integrated’’ plan
approval, State Operating Permit and Title V Operating
Permit program. This integrated approach is designed to
make the permitting process more efficient for the Department, the regulated community and the general
public. This approach allows the owner or operator of a
facility to submit permitting documents relevant to its
application for all sources related to a facility or a
proposed project, affords an opportunity for public input,
and provides for a decision on the issuance of the
necessary permits.
The Department received applications for Plan Approvals or Operating Permits from the following facilities.
Copies of the application, the Department’s analysis, all
pertinent documents used in the evaluation of the application and subsequently prepared proposed plan
approvals/operating permits are available for public review during normal business hours at the appropriate
Department Regional Office. Appointments for scheduling
a review must be made by calling the appropriate Department Regional Office. The address and phone number of
the Regional Office is listed before the application notices.
Persons wishing to file a written protest or provide
comments or additional information, which they believe
should be considered prior to the issuance of a permit,
may submit the information to the Department’s Regional
Office. A 30-day comment period from the date of this
publication will exist for the submission of comments,
protests and information. Each submission must contain
the name, address and telephone number of the person
submitting the comments, identification of the proposed
Plan Approval/Operating Permit including the permit
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
7910
NOTICES
number and a concise statement regarding the relevancy
of the information or objections to issuance of the permit.
A person wishing to request a hearing may do so during
the 30-day comment period. A public hearing may be held,
if the Department, in its discretion, decides that a
hearing is warranted based on the information received.
Persons submitting comments or requesting a hearing
will be notified of the decision to hold a hearing by
publication in the newspaper, the Pennsylvania Bulletin
or by telephone, when the Department determines this
type of notification is sufficient. Requests for a public
hearing and any relevant information should be directed
to the appropriate Department Regional Office.
Permits issued to the owners or operators of sources
subject to 25 Pa. Code Chapter 127, Subchapter D or E,
or located within a Title V facility or subject to 25
Pa. Code § 129.51(a) or permits issued for sources with
limitations on their potential to emit used to avoid
otherwise applicable Federal requirements may be submitted to the United States Environmental Protection
Agency for review and approval as a revision to the State
Implementation Plan. Final Plan Approvals and Operating Permits will contain terms and conditions to ensure
that the sources are constructed and operating in compliance with applicable requirements in the Air Pollution
Control Act (35 P. S. §§ 4001—4015), 25 Pa. Code Chapters 121—145, the Federal Clean Air Act (42 U.S.C.A.
§§ 7401—7671q) and regulations adopted under the Federal Clean Air Act.
Persons with a disability who wish to comment and
require an auxiliary aid, service or other accommodation
to participate should contact the regional office listed
before the application. TDD users may contact the Department through the Pennsylvania AT&T Relay Service
at (800) 654-5984.
PLAN APPROVALS
Plan Approval Applications Received under the Air
Pollution Control Act (35 P. S. §§ 4001—4015) and
25 Pa. Code Chapter 127, Subchapter B that may
have special public interest. These applications
are in review and no decision on disposition has
been reached.
Northeast Region: Air Quality Program, 2 Public
Square, Wilkes-Barre, PA 18711-0790
Contact: Raymond Kempa, New Source Review Chief—
Telephone: 570-826-2507
35-00069A: Lackawanna Energy Center LLC (1
South Wacker Drive, Suite 1900, Chicago, IL 60606) has
submitted a revised application to the Pennsylvania
Department of Environmental Protection for plan approval to construct a natural gas-fired combined-cycle
power plant to produce a nominal 1,500 MW of electricity
in Jessup Borough, Lackawanna County.
The project consists of three (3) identical 1 x 1 power
blocks. Each combined-cycle process block includes one (1)
combustion gas turbine and one (1) heat recovery steam
generator with duct burners with all three (3) blocks
sharing one (1) steam turbine. Additionally, one (1) 2,000
kW diesel-fired emergency generator, one (1) 315 HP
diesel-fired emergency fire water pump, one (1) twenty
(20) cell wet mechanical draft cooling tower, one (1) 184.8
MM BTU/hr natural gas fired boiler, one (1) 12
MMBTU/hr natural gas fuel gas heater, one (1) diesel
storage tank, three (3) lube oil storage tanks, and one (1)
aqueous ammonia storage tank are proposed to be constructed and operated. The heat input rating of each
combustion gas turbine is 3304.3 MMBtu/hr (HHV) or
less, and the heat input rating of each supplemental duct
burner is equal to 637.9 MMBtu/hr (HHV) or less.
This application is subject to the Prevention of Significant Deterioration (PSD) of Air Quality regulations of 40
CFR 52.21, the Nonattainment New Source Review
(NNSR) regulations of 25 Pa. Code §§ 127.201—27.218,
and the Best Available Technology (BAT) requirements of
25 Pa. Code §§ 127.1 and 127.12. The facility’s total
particulate matter (PM) including total PM10 and total
PM2.5, nitrogen oxides, carbon monoxide, volatile organic
compounds, and greenhouse gas emissions are subject to
the PSD requirements. The facility’s nitrogen oxides and
volatile organic compounds emissions are also subject to
the NNSR requirements. The Department has determined
that the proposed levels of the air contaminants emissions satisfy best available control technology (BACT) and
Lowest Achievable Emission Rate (LAER) requirements
as well as the Department’s BAT requirements.
The facility is also subject to the following Standards of
Performance for New Stationary Sources (NSPS): 40 CFR
Part 60 Subpart KKKK—Standards of Performance for
Stationary Combustion Turbines codified in 40 CFR
60.4300 through 60.4420 and 40 CFR Part 60 Subpart
IIII—Standards of Performance for Stationary Compression Ignition Internal Combustion Engines codified in 40
CFR 60.4200 through 60.4219. The proposed project is
also subject to the National Emission Standards for
Hazardous Air Pollutants for Stationary Reciprocating
Internal Combustion Engines codified 40 CFR 63.6580
through 63.6675 as applicable to the proposed diesel-fired
engines. The Department has determined that this facility satisfies all applicable requirements of these subparts
including Maximum Achievable Control Technology
(MACT) requirements.
Pursuant to the PSD provisions of 40 CFR 52.21 and 25
Pa. Code § 127.83, Lackawanna Energy Center LLC has
performed dispersion modeling. The air quality analysis
methodology is consistent with the ‘‘Guideline on Air
Quality Models’’ codified in Appendix W to 40 CFR Part
51, associated United States Environmental Protection
Agency modeling policy and guidance, and the Department’s recommendations. The air quality analysis adequately demonstrates that the proposed emissions due to
the project will not cause or significantly contribute to air
pollution in violation of the National Ambient Air Quality
Standards for carbon monoxide (CO), nitrogen dioxide
(NO2), particulate matter less than 2.5 micrometers
(PM-2.5), and particulate matter less than 10 micrometers
(PM-10), and the PSD standards for NO2, PM-2.5, and
PM-10. In addition, the analysis adequately demonstrates
that the project’s proposed emissions, in conjunction with
anticipated emissions due to general commercial, residential, industrial, and other growth associated with the
project, will not impair visibility, soils, and vegetation.
Furthermore, the effect of the project’s emissions on air
quality related values, including visibility, in Federal
Class I areas is adequately addressed.
The Plan Approval and Operating permit will contain
additional recordkeeping and operating restrictions designed to keep the facility operating within all applicable
air quality requirements.
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
NOTICES
Copies of the application, DEP’s analysis and other
documents used in the evaluation of the application are
available for public review during normal business hours
at Air Quality Program, 2 Public Square, Wilkes-Barre,
PA 18701-1915.
Any person(s) wishing to provide DEP with additional
information, which they believe should be considered
prior to the issuance of this permit, may submit the
information to the address shown in the preceding paragraph. Each written comment must contain the name,
address and telephone number of the person submitting
the comments, identification of the proposed permit No.:
35-00069A and a concise statement regarding the relevancy of the information or objections to the issuance of
the permit.
A public hearing may be held, if the Department of
Environmental Protection, in its discretion, decides that
such a hearing is warranted based on the comments
received. All persons submitting comments or requesting
a hearing will be notified of the decision to hold a hearing
by publication in the newspaper or the Pennsylvania
Bulletin or by telephone, where DEP determines such
notification is sufficient. Written comments or requests
for a public hearing should be directed to Ray Kempa,
Chief, New Source Review Section, Air Quality Program,
2 Public Square, Wilkes-Barre, PA 18701-1915, Phone
570-826-2511 within 30 days after publication date.
48-00021A: Northampton Generating Company LP
(1 Horwith Drive, Northampton, PA 18067) for the modification to their operating permit by revising Lead emissions limit while burning TDF in the existing CFB boiler
at their facility located in Northampton Borough, Northampton County.
Southwest Region: Air Quality Program, 400 Waterfront
Drive, Pittsburgh, PA 15222-4745
Contact: Mark R. Gorog, P.E., Environmental Engineer
Manager—Telephone: 412-442-4150
63-00922C: Robinson Power Company, LLC (P.O.
Box 127, 563 Route 18, Burgettstown, PA 15021) for a 2x1
combined cycle gas-fired turbine project with HRSG rated
between 650 and 700 MW at the Beech Hollow Power
Plant in Robinson Township, Washington County. This
is an initial major facility Plan Approval application
submittal.
63-00990A: Donora Dock, LLC (11 Lloyd Avenue,
Suite 200, Latrobe, PA 15650) for a coal handling facility
at the Donora Terminal in Carroll Township, Washington County. This is an initial minor facility Plan
Approval application submittal.
Northwest Region: Air Quality Program, 230 Chestnut
Street, Meadville, PA 16335-3481
Contact: Edward Orris, New Source Review Chief—
Telephone: 814-332-6636
16-149B: Clarion Laminates (143 Fiberboard Road,
Shippenville, PA 16254), for the construction of a 3rd
bonding line with baghouse and upgrading the current
dust transfer system with bin filters in Paint Township,
Clarion County. This is a State Only facility.
Intent to Issue Plan Approvals and Intent to Issue
or Amend Operating Permits under the Air Pollution Control Act and 25 Pa. Code Chapter 127,
Subchapter B. These actions may include the
administrative amendments of an associated operating permit.
7911
Southeast Region: Air Quality Program, 2 East Main
Street, Norristown, PA 19428
Contact: Janine Tulloch-Reid, Facilities Permitting
Chief—Telephone: 484-250-5920
09-0228: Elcon Recycling Services, LLC (100 Dean
Sievers Place, Morrisville, PA 19067) for the construction
and operation of an industrial waste water treatment
facility located in Falls Township, Bucks County. The
facility will employ various chemical and physical treatment technologies to remove hazardous constituents from
liquid waste streams. A thermal oxidizer and scrubber
will be used to control air emissions from all process
operations. Baghouses will be used to control the handling of dry materials and a carbon adsorption system
will be used during plant downtime. A 20.0 MMBtu/hr
boiler is proposed to be installed at this facility under a
general permit. The primary pollutant of concern from
this facility will be volatile organic compounds (VOC)
with a potential to emit of 6.7 tons per year. The plant
will be a minor facility based on its potential emissions.
The plan approval will include monitoring, recordkeeping,
and reporting requirements designed to address all applicable air quality requirements.
15-0010D: ArcelorMittal Plate, LLC (139 Modena
Road, Coatesville, PA 19320; Attn: Mr. Ray Ajalli), for the
replacement of an 8.0-MMBtu ladle pre-heat burner with
a 12.0-MMBtu ladle pre-heat burner, at their facility
located in the City of Coatesville, Chester County. This
facility is a Title V facility. The 8.0-MMBtu ladle pre-heat
burner, a component of Source ID 229, will be replaced by
a 12.0-MMBtu ladle pre-heat burner, designated as
Source ID 229A. The new ladle pre-heat burner will be
subject to short-term limits of 0.11 lb/MMBtu (116.0
lbs/MMcf of natural gas) for NOx and 84.0 lbs/MMcf of
natural gas for CO. Potential annual emissions of NOx
will be equal to or less than 5.92 TPY. Potential annual
emissions of CO will be equal to or less than 4.29 TPY.
Potential annual emissions of PM, VOC, SOx, and HAP
will all be less than 1.0 TPY. The Plan Approval
willcontain testing, monitoring, recordkeeping, and work
practice requirements designed to keep Source ID 229A
operating within the allowable emissions and all applicable air quality requirements.
Northeast Region: Air Quality Program, 2 Public
Square, Wilkes-Barre, PA 18711-0790
Contact: Raymond Kempa, New Source Review Chief—
Telephone: 570-826-2507
PA 66-00001C: Procter and Gamble Paper Company (P. O. Box 32, Route 87 South, Mehoopany, PA
18629) for construction and operation of the following in
Washington Township, Wyoming County: P&G proposes
to add a new process capability to the converting area, in
which a polymer suspension is extruded onto the surface
of the finished product. It will be stored in portable totes
and pumped to the converting machines for application.
The coating will be extruded in an ‘‘as-received’’ form (i.e.
un-diluted) to the surface of the paper product, and
absorbed prior to winding the paper onto cores. No drying
operations or additional chemical treatments are proposed
as part of this project.
P&G is proposing to add this extrusion capability to the
following paper converting lines: MC2.
The Plan Approval and Operating Permit will contain
additional recordkeeping and operating restrictions designed to keep the facility operating within all applicable
air quality requirements. Also, the company shall be
required to monitor and record VOC emissions.
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
7912
NOTICES
Additionally a PSD and NSR applicability analysis was
conducted to determine if the Project would result in a
significant net increase of any regulated pollutant. This
analysis took into account emission increases attributable
to the installation of the modification to the converting
lines, emission increases during the contemporaneous
period, and emission decreases. The analysis has determined that the proposed modification project to the
converting lines does not trigger the requirements of
Prevention of Significant Deterioration or Nonattainment
New Source Review permitting regulations.
This facility is a Title V facility. The plan approval will
include all appropriate testing, monitoring, recordkeeping
and reporting requirements designed to keep the operations within all applicable air quality requirements.
Southwest Region: Air Quality Program, 400 Waterfront
Drive, Pittsburgh, PA 15222-4745
Contact: Mark R. Gorog, P.E., Environmental Engineer
Manager—Telephone: 412-442-4150
65-00990C: Tenaska Pennsylvania Partners, LLC
(14302 FNB Parkway, Omaha, NE 68154) Notice is
hereby given in accordance with 25 Pa. Code §§ 127.44—
127.46 that the Department of Environmental Protection
(DEP) intends to issue plan approval no. 65-00990C to
Tenaska Pennsylvania Partners, LLC (Tenaska) for the
construction and temporary operation of a 930—1,065
MW combined cycle natural gas-fired electric generating
facility known as the Westmoreland Generating Station
in South Huntingdon Township, Westmoreland County.
Tenaska has proposed to construct and temporarily operate two (2) 3,147 MMBtu/hr Mitsubishi ‘‘J’’ class combined
Pollutant
PM10
PM10
NO2
Scenario
(Load)
100%
Worst-Case
Startup/Shutdown
100%
Worst-Case
100%
Worst-Case
Averaging
Period
24-hour
24-hour
24-hour
Annual
Annual
Annual
Annual
The DEP’s technical review concludes that Tenaska’s
air quality analysis satisfies the requirements of the PSD
rules and is consistent with the U.S. Environmental
Protection Agency’s (EPA) Guideline on Air Quality Models (40 CFR Part 51, Appendix W) and the EPA’s air
quality modeling policy and guidance. Furthermore, the
DEP’s technical review concludes that Tenaska’s air quality analysis demonstrates, pursuant to 40 CFR
§ 52.21(k), that Tenaska’s proposed emissions will not
cause or contribute to air pollution in violation of the
National Ambient Air Quality Standards (NAAQS) for
CO, NO2, and PM-10, and the PSD increment standards
for NO2 and PM-10.
The proposed sources are also subject to the following
Standards of Performance for New Stationary Sources
(NSPS): 40 CFR Part 60 Subpart Db-Standards of Performance for Industrial-Commercial-Institutional Steam
cycle combustion turbines serving one steam turbine
generator equipped with heat recovery steam generators
(HRSG) with supplemental 400 MMBtu/hr natural gas
fired duct burners controlled by selective catalytic reduction and oxidation catalysts, one (1) 245 MMBtu/hr
natural gas-fired auxiliary boiler, one (1) 2,000 ekW
diesel-fired emergency generator engine, one (1) 575 bhp
diesel-fired emergency fire pump engine, and a cooling
tower controlled by drift eliminators.
Potential to emit from the facility will be limited to
373.00 tons of nitrogen oxides (NOx), 2,310.00 tons of
carbon monoxide (CO), 23.00 tons of sulfur oxides (SOx),
1,251.00 tons of volatile organic compounds (VOC), 22.07
tons of total hazardous air pollutants (HAPs), 96.00 tons
of particulate matter (filterable and condensable), 92.00
tons of particulate matter with an aerodynamic diameter
less than 10 microns (filterable and condensable), 89.00
tons of particulate matter with an aerodynamic diameter
less than 2.5 microns (filterable and condensable), 15.20
tons of sulfuric acid mist (H2SO4), 194.00 tons of ammonia (NH3), and 3,827,574 tons of carbon dioxide equivalents (CO2e) per year.
This application is subject to the Prevention of Significant Deterioration (PSD) requirements of 40 CFR 52.21,
New Source Review (NSR) requirements of 25 Pa. Code
Chapter 127, Subchapter E, and the Best Available
Technology (BAT) requirements of 25 Pa. Code § 127.1.
The Department has determined that the proposed facility satisfies best available control technology (BACT),
lowest achievable emission rate (LAER), and the DEP’s
BAT requirements. Air modeling provided by the applicant indicates the following impacts:
Modeled
Maximum
Concentration
(µg/m3)
10.1
10.1
10.1
2.3
2.3
9.9
10.1
Increment
(µg/m3)
30
30
30
17
17
25
25
% of
Standard
33.8
33.8
33.8
13.4
13.7
39.6
40.5
Generating Units, 40 CFR Part 60 Subpart IIIIStandards of Performance for Compression Ignition Internal Combustion Engines, and 40 CFR Part 60 Subpart
KKKK-Standards of Performance for Stationary Combustion Turbines. The authorization is subject to State
regulations including 25 Pa. Code §§ 123.1, 123.2, 123.31
and 123.41. This plan approval has been conditioned to
ensure compliance with all applicable rules. This includes
emission restrictions, operational restrictions, testing,
monitoring, recordkeeping, reporting, and work practice
requirements. Once compliance with the Plan Approval is
demonstrated, the applicant will subsequently apply for a
Title V Operating Permit in accordance with 25 Pa. Code
Subchapter G.
In accordance with 40 CFR 52.21(l)(2), where an air
quality model specified in the U.S. Environmental Protection Agency’s (EPA) Guideline on Air Quality Models (40
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
NOTICES
CFR Part 51, Appendix W) is inappropriate, the model
may be modified on a case-by-case basis. Written approval
of the EPA Regional Administrator must be obtained for
the use of a modified model. In addition, the use of a
modified model must be subject to notice and opportunity
for public comment under procedures developed in accordance with 40 CFR § 52.21(q). The air quality analysis for
nitrogen dioxide (NO2) for the proposed Tenaska Pennsylvania Partners, LLC (Tenaska) facility utilizes the Plume
Volume Molar Ratio Method (PVMRM), which is currently
implemented as a non-regulatory-default option within
the EPA’s recommended near-field dispersion model, the
American Meteorological Society / Environmental Protection Agency Regulatory Model (AERMOD). In accordance
with the recommendations under subsection 3.2 of the
EPA’s Guideline on Air Quality Models, the DEP submitted a request to EPA Region III for approval of the use of
the PVMRM in Tenaska’s air quality analysis for NO2 on
December 7, 2012. The EPA Regional Administrator approved the DEP’s request on February 22, 2013. Pursuant
to 25 Pa. Code §§ 127.44 and 127.83, and 40 CFR
§ 52.21(l)(2) and (q), notice is hereby given that the DEP
is expressly soliciting written comments on the use of the
PVMRM in Tenaska’s air quality analysis for NO2.
A person may oppose the proposed plan approval by
filing a written protest with the DEP through Alexander
Sandy, Pennsylvania Department of Environmental Protection, 400 Waterfront Drive, Pittsburgh, PA, 15222.
Additional written comments may also be submitted.
Each protest or set of written comments must contain the
name, address and telephone number of the person
submitting the comments, identification of the proposed
Plan Approval (PA-65-00990C) and a concise statement of
the objections to the plan approval issuance and the
relevant facts upon which the objections are based.
All comments must be received prior to the close of
business 30 days after the date of this publication.
04-00235: In accordance with 25 Pa. Code Chapter 127,
the Department of Environmental Protection (DEP) is
providing notice that it intends to modify a Title V
Operating Permit (TVOP-04-00235) previously issued on
November 16, 2012 to authorize the continued operation
of the Bruce Mansfield Plant located in Shippingport
Boro, Beaver County. The name and address of the
operator of the facility is FirstEnergy Generation, LLC,
76 S. Main St., 13th Floor, Akron, OH 15077.
32-00055: This Title V permit will be modified to make
changes to Conditions B.#013(b), B.#014(b), B.#017(e),
B.#025(b) and B.#028(c) and (d). Changes will remove
language that might be interpreted to extend a future
permit shield to as yet unidentified activities that may be
authorized under the minor permit modification provisions of 25 Pa. Code § 127.462, the Administrative
Amendment provisions of 25 Pa. Code § 127.450, the De
Minimis Emission Increase provisions of 25 Pa. Code
§ 127.449, the Operational Flexibility provisions of 25
Pa. Code § 127.3 and the Permit Shield provisions of 25
Pa. Code § 127.516. This action is being taken in response to an Order issued by EPA on July 30, 2014 in
response to the September 10, 2012, October 22, 2012,
and May 15, 2013 Requests for Objection to the Issuance
of a Title V Operating Permit at Petition Numbers
III-2012-06, III-2012-07, and III-2013-02. No other
changes to the Title V Operating Permit, actual emissions
of any air contaminant or equipment are being proposed
by this action.
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OPERATING PERMITS
Intent to Issue Title V Operating Permits under the
Air Pollution Control Act and 25 Pa. Code Chapter 127, Subchapter G.
Southcentral Region: Air Quality Program, 909
Elmerton Avenue, Harrisburg, PA 17110
Contact: Thomas Hanlon, Facilities Permitting Chief,
717-705-4762, Lisa Dorman, New Source Review Permitting Chief—Telephone: 717-705-4863 or William Weaver,
Regional Air Quality Manager, Telephone: 717-705-4702.
36-05053: Buck Co., Inc. (897 Lancaster Pike, Quarryville, PA 17566) for operation of a ferrous and nonferrous foundry in Providence Township, Lancaster
County. Actual emissions from the facility in 2013 were
estimated at 0.23 ton CO, 2.46 tons NOx, 40.60 tons
PM10, 14.10 tons PM2.5, 0.32 ton SOx, 165.59 tons VOC,
0.50 ton of a single HAP (methylene diphenyl
diisocyanate), and 0.85 ton of combined HAPs. The Title
V Operating Permit will include emission limits and work
practice standards along with monitoring, recordkeeping
and reporting requirements to ensure the facility complies
with the applicable air quality regulations. Among other
items, the conditions include provisions derived from 40
CFR 63, Subpart ZZZZZ—National Emission Standards
for Hazardous Air Pollutants for Iron and Steel Foundries
Area Sources, 40 CFR 63, Subpart ZZZZZZ—National
Emission Standards for Hazardous Air Pollutants: Area
Source Standards for Aluminum, Copper, and Other
Nonferrous Foundries & 40 CFR 63, Subpart ZZZZ—
National Emissions Standards for Hazardous Air Pollutants for Stationary Reciprocating Internal Combustion
Engines.
Northcentral Region: Air Quality Program, 208 West
Third Street, Williamsport, PA 17701
Contact: Muhammad Q. Zaman, Environmental Program Manager—Telephone: 570-327-3648
18-00001: Columbia Gas Transmission LLC (1700
MacCorkle Ave. SE, Charleston, WV 25314) a Title V
operating permit renewal for the Renovo Compressor
Station located in Chapman Township, Clinton County.
In accordance with 25 Pa. Code § 127.521, the Department of Environmental Protection (DEP) has received an
application and intends to issue a renewal of an Air
Quality Operating Permit for the abovementioned facility.
The subject facility has the following potential emissions: 167.27 TPY of CO; 125.74 TPY of NOx; 0.09 TPY of
SOx; 4.36 TPY of PM/PM10; 19.43 TPY of VOCs; 8.67 TPY
of total HAPs; 4.63 TPY of formaldehyde; and 17,217 TPY
of CO2e. The facility’s sources include five (5) natural
gas-fired compressor engines, one (1) natural gas-fired
emergency generator engine, ten (10) storage tanks,
various natural gas-fired combustion units (boilers, heater
and line heaters) and various fugitive emissions, which
have the potential to emit major quantities of nitrogen
oxides (NOx) and carbon monoxide (CO) emissions. The
facility has the potential to emit sulfur oxides (SOx),
particulate matter (PM/PM10), volatile organic compounds
(VOCs) and hazardous air pollutants (HAPs) below the
major emission thresholds. The emission limits and work
practice standards along with testing, monitoring, record
keeping and reporting requirements have been included
in the operating permit to ensure the facility complies
with all applicable Federal and State air quality regulations. These operating permit conditions have been derived from the applicable requirements of 40 CFR Parts
52, 60, 63, 64, 68, 72, 73, 74, 75, 76, 96, 97, 98 and 25
Pa. Code Chapters 121—145.
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All pertinent documents used in the evaluation of the
application are available for public review during normal
business hours at the Department’s Northcentral Regional office, 208 West Third Street, Suite 101, Williamsport, PA 17701. Appointments for scheduling a review
must be made by calling 570-327-0550.
Southwest Region: Air Quality Program, 400 Waterfront
Drive, Pittsburgh, PA 15222-4745
Contact: Barbara Hatch, Facilities Permitting Chief—
Telephone: 412-442-4174
65-00693: USA Valley Facility, Inc. (625 Cherrington
Parkway, Cherrington Corporate Center, Moon Township,
PA 15108-4314) for continued operation of a solid waste
landfill at the Valley Landfill in Penn Township, Westmoreland County. This is a Title V Operating Permit
renewal application submittal.
Intent to Issue Operating Permits under the Air
Pollution Control Act and 25 Pa. Code Chapter
127, Subchapter F.
Southeast Region: Air Quality Program, 2 East Main
Street, Norristown, PA 19428
Contact: Janine Tulloch-Reid, Facilities Permitting
Chief—Telephone: 484-250-5920
09-00107: Oldcastle Retail, Inc., d/b/a Bonsal
American (1214 Hayes Blvd., Bristol, PA 19007), for the
renewal of a State Only, Synthetic Minor Operating
Permit in Bristol Township, Bucks County. The company operates a concrete and mortar packaging facility.
The proposed renewal of the Operating Permit does not
authorize any increase in air emissions, of regulated
pollutants, above previously approved levels. The renewed
permit includes monitoring, recordkeeping and reporting
requirements, and work practice standards designed to
keep the facility operating within all applicable local,
state, and federal air quality requirements.
Northeast Region: Air Quality Program, 2 Public
Square, Wilkes-Barre, PA 18711-0790
Contact: Raymond Kempa, New Source Review Chief—
Telephone: 570-826-2507
13-00016: Haulmark Industries, Inc. (6 Banks Avenue, McAdoo, PA 18237) The Department intends to
issue a State Only (Synthetic Minor) Operating Permit
for a trailer manufacturing facility in Banks Township,
Carbon County. The facility has the potential to emit
Volatile Organic Compounds (VOCs) and Hazardous Air
Pollutants (HAPs) above major emission thresholds. The
facility is taking site level emission limitations to maintain Synthetic Minor status. The proposed State Only
(Synthetic Minor) Operating Permit contains applicable
requirements for emissions limitations, monitoring, record
keeping, reporting and work practice standards designed
to ensure facility compliance with Federal and State air
pollution regulations.
Northcentral Region: Air Quality Program, 208 West
Third Street, Williamsport, PA 17701
Contact: Muhammad Q. Zaman, Environmental Program Manager—Telephone: 570-327-3648
59-00027: UGI Storage Company (1 Meridian Blvd.,
Suite 2C01, Wyomissing, PA 19610) to issue a State Only
Operating Permit for the operation of the Palmer Compressor Station located in Farmington Township, Tioga
County. The facility is currently operating under Plan
Approval 59-00027A. The facility’s main sources include
two (2) 1380 bhp and one (1) 690 bhp natural gas-fired
compressor engines, and one (1) 1100 bhp diesel-fired
emergency generator engine.
The facility has potential annual emissions of 23.7 tons
of nitrogen oxides, 9.0 tons of carbon monoxide, 1.5 ton of
particulate matter, 6.3 tons of volatile organic compounds,
2.6 tons of hazardous air pollutants, including formaldehyde, and 25,210 tons of carbon dioxide equivalents
(greenhouse gas). The compressor engines are subject to
40 CFR Part 60, Subpart JJJJ—New Source Performance
Standards for Stationary Spark Ignition Internal Combustion Engines. The emission limits, throughput limitations and work practice standards along with testing,
monitoring, record keeping and reporting requirements
have been included in the operating permit to ensure the
facility complies with all applicable Federal and State air
quality regulations. These operating permit conditions
have been derived from the applicable requirements of 25
Pa. Code Chapters 121—145 as well as 40 CFR Parts 60
and 63.
All pertinent documents used in the evaluation of the
application are available for public review during normal
business hours at the Department’s Northcentral Regional office, 208 West Third Street, Suite 101, Williamsport, PA 17701. Appointments for scheduling a review
must be made by calling 570 327 0550.
Southwest Region: Air Quality Program, 400 Waterfront
Drive, Pittsburgh, PA 15222-4745
Contact: Barbara Hatch, Facilities Permitting Chief—
Telephone: 412-442-4174
03-00093: Murray Keystone Processing, Inc. (46226
National Road W, Saint Clairsville, OH 43950-8742) to
continue nonmetallic mineral mining operations at the
Keystone Cleaning Plant in Plumcreek Township,
Armstrong County. This is a State-Only Operating
Permit renewal application submittal.
Northwest Region: Air Quality Program, 230 Chestnut
Street, Meadville, PA 16335-3481
Contact: Edward Orris, New Source Review Chief—
Telephone: 814-332-6131
20-00037: US Bronze Foundry & Machine, Inc., (PO
Box 458, Meadville, PA 16335) to issue the renewal of the
State Only Operating Permit for the foundry facility
located in Woodcock Township, Crawford County. The
primary sources at the facility include natural gas combustion for building heat; a natural gas fueled mold &
core drying oven; 14 induction furnaces; 2 paint booths; a
sand handling system; and a parts washer. The facility is
a Natural Minor. Potential emissions are less than the
Title V thresholds. The facility is subject to 40 CFR Part
63 Subpart ZZZZZZ, National Emission Standards for
Hazardous Air Pollutants: Area Source Standards for
Aluminum, Copper, and Other Nonferrous Foundries. The
renewal permit contains emission restrictions,
recordkeeping, work practice, and additional requirements to ensure compliance with the Clean Air Act and
the Air Pollution Control Act.
37-00280: Three Rivers Aggregates, LLC, (1288
Reese Road, Slippery Rock, PA 16067), to renew a State
Only Operating Permit for the McCandless Plant located
in Plain Grove Township, Lawrence County. The primary sources at the facility are a sand and gravel plant
and an emergency-use diesel engine generator. The permit includes a restriction on operating hours for the plant
of 4,410 hours per year. The facility is a Synthetic Minor.
Potential emissions are 1.24 tpy NOx; 11.6 tpy PM; 0.07
tpy CO; and 0.04 tpy VOC. The plant is subject to 40 CFR
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NOTICES
Part 60 Subpart OOO, the Standards of Performance for
Nonmetallic Mineral Processing Plants. And the engine is
subject to 40 CFR Part 63 Subpart ZZZZ, National
Emission Standards for Hazardous Air Pollutants for
Stationary Reciprocating Internal Combustion Engines. It
is also subject to the conditions of the previously issued
general plan approval, GP-3. The permit contains emission restrictions, recordkeeping, and work practice requirements to ensure compliance with the Clean Air Act
and the Air Pollution Control Act.
42-00196: Catalyst Energy Swamp Angel Compressor Station (424 S. 27th Street Suite 304, Pittsburgh, PA
15203-2380), to issue a renewal State Only Operating
Permit for the natural gas stripping plant located in
Lafayette Township, McKean County. The facility is a
Natural Minor. The primary sources at the facility include an inlet compressor (1265 HP), an electrically
driven industrial refrigeration plant, storage tanks, and
an ethylene glycol dehydration unit. The facility is subject
to 40 CFR Part 60 Subparts KKK and VV pertaining to
Onshore Natural Gas Processing Plants and Leak Detection and Repair. The facility processes less than 10
mmcf/day of natural gas. The compressor engine is subject to 40 CFR 63 Subpart ZZZZ—NESHAPs for Stationary Reciprocating Internal Combustion Units. The dehydration unit is subject to 40 CFR 63 Subpart HH—
NESHAPs from Oil and Natural Gas Production
Facilities. Actual emissions from the facility are less than
the Title V emission thresholds. The conditions of the
previous plan approval and operating permit were incorporated into the renewal permit.
PLAN APPROVALS
Receipt of Plan Approval Applications and Intent to
Issue Plan Approvals, and Intent to Issue
Amended Operating Permits under the Air Pollution Control Act and 25 Pa. Code Chapter 127,
Subchapter B And Subchapter F. These actions
may include the administrative amendments of
an associated operating permit.
Northeast Region: Air Quality Program, 2 Public
Square, Wilkes-Barre, PA 18711-0790
Contact: Raymond Kempa, New Source Review Chief—
Telephone: 570-826-2507
Notice is hereby given in accordance with 25 Pa. Code
§§ 127.44(a) and 127.45(a), that the Department of Environmental Protection (DEP) has received and intends to
issue a Plan Approval to GRUMA Corporation d/b/a
Mission Foods (15 Elmwood Avenue, Mountaintop, PA
18707) for their facility located in Wright Twp., Luzerne
County. This Plan Approval No. 40-00109A will be
incorporated into a State Only Permit through an administrative amendment at a later date.
Plan Approval No. 40-00109A is for the construction of
a new Tortilla Press and new ink-jet printers at the
facility. The company shall be subject to and comply with
25 Pa. Code § 123.41 for Visible emissions. The facility is
subject to 25 Pa. Code § 127.12 (a) (5) Best Available
Technology (BAT) requirements. The company shall be
subject to and comply with 25 Pa. Code § 123.31 for
malodorous emissions. These limits will meet BAT requirements for this source. The Plan approval and Operating Permit will include testing, monitoring, record
keeping and reporting requirements designed to keep the
sources operating within all applicable air quality requirements.
Copies of the application, DEP’s analysis and other
documents used in the evaluation of the application are
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available for public review during normal business hours
at Air Quality Program, 2 Public Square, Wilkes-Barre,
PA 18701-1915.
Any person(s) wishing to provide DEP with additional
information, which they believe should be considered
prior to the issuance of this permit, may submit the
information to the address shown in the preceding paragraph. Each written comment must contain the name,
address and telephone number of the person submitting
the comments, identification of the proposed permit No.:
40-00109A and a concise statement regarding the relevancy of the information or objections to the issuance of
the permit.
A public hearing may be held, if the Department of
Environmental Protection, in its discretion, decides that
such a hearing is warranted based on the comments
received. All persons submitting comments or requesting
a hearing will be notified of the decision to hold a hearing
by publication in the newspaper or the Pennsylvania
Bulletin or by telephone, where DEP determines such
notification is sufficient. Written comments or requests
for a public hearing should be directed to Ray Kempa,
Chief, New Source Review Section, Air Quality Program,
2 Public Square, Wilkes-Barre, PA 18701-1915, Phone
570-826-2511 within 30 days after publication date.
COAL AND NONCOAL MINING
ACTIVITY APPLICATIONS
Applications under the Surface Mining Conservation
and Reclamation Act (52 P. S. §§ 1396.1—1396.19a); the
Noncoal Surface Mining Conservation and Reclamation
Act (52 P. S. §§ 3301—3326); The Clean Streams Law (35
P. S. §§ 691.1—691.1001); the Coal Refuse Disposal Control Act (52 P. S. §§ 30.51—30.66); and The Bituminous
Mine Subsidence and Land Conservation Act (52 P. S.
§§ 1406.1—1406.20a). Mining activity permits issued in
response to such applications will also address the applicable permitting requirements of the following statutes:
the Air Pollution Control Act (35 P. S. §§ 4001—4015);
the Dam Safety and Encroachments Act (32 P. S.
§§ 693.1—693.27); and the Solid Waste Management Act
(35 P. S. §§ 6018.101—6018.1003).
The following permit applications to conduct mining
activities have been received by the Department. A copy
of the application is available for inspection at the district
mining office indicated before each application. Notices of
requests for 401 Water Quality Certifications are included
in individual application notices, as noted.
Written comments or objections, or requests for an
informal conference, or a public hearing, as applicable, on
a mining permit application and request for Section 401
water quality certification application may be submitted
by any person or any officer or head of any Federal, state
or local government agency or authority to the Department at the address of the district mining office indicated
before each application within 30 days of this publication,
or within 30 days after the last publication of the
applicant’s newspaper advertisement as provided by 25
Pa. Code §§ 77.121—77.123 and 86.31—86.34.
Written comments or objections regarding a mining
permit application should contain the name, address and
telephone number of persons submitting comments or
objections, application number and a statement of sufficient detail to inform the Department on the basis of
comment or objection and relevant facts upon which it is
based.
A request for an informal conference or a public
hearing, as applicable, on a mining permit application, as
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provided by 25 Pa. Code § 77.123 or § 86.34, must
contain the name, address and telephone number of the
requestor; the application number; a brief summary of the
issues to be raised by the requestor at the conference; and
a statement whether the requestor desires to have the
conference conducted in the locality of the proposed
mining activities.
When an NPDES number is listed, the mining activity
permit application was accompanied by an application for
an individual NPDES permit. A separate notice will be
provided after the draft NPDES permit is prepared.
Coal Applications Received
Cambria District Mining Office: 286 Industrial Park
Road, Ebensburg, PA 15931, 814-472-1900
Permit No. 32823005 and NPDES No. PA0607231.
Blairsville Associates, P.O. Box 157, Blairsville, PA
15717, commencement, operation and restoration of a
bituminous surface and auger mine to change the land
use from Pastureland and Wildlife Habitat to Light
Industrial in Burrell and West Wheatfield Townships,
Indiana County, affecting 367.0 acres. Receiving
stream: unnamed tributary to Palmers Run classified for
the following use: cold water fishery. There are no potable
water supply intakes within 10 miles downstream. Application received: November 21, 2014.
Permit No. 56813104 and NPDES No. PA0599115.
PBS Coals, Inc., 1576 Stoystown Road, P.O. Box 260,
Friedens, PA 15541, permit renewal for reclamation only
of a bituminous surface mine in Brothersvalley Township,
Somerset County affecting 344.7 acres. Receiving
streams: unnamed tributaries to/and Tubs Run, classified
for the following use: cold water fishery. There are no
potable water supply intakes within 10 miles downstream. Application received: November 21, 2014.
Permit No. 56990102 and NPDES No. PA0235105.
Heritage Coal & Natural Resources, LLC, 208 W.
Mud Pike, Rockwood, PA 15557, permit renewal for
reclamation only of a bituminous surface mine in Elk
Lick Township, Somerset County affecting 87.8 acres.
Receiving streams: unnamed tributaries to/and Tub Mill
Run and unnamed tributaries to/and Casselman River,
classified for the following uses: cold water fishery and
warm water fishery. There are no potable water supply
intakes within 10 miles downstream. Application received: November 25, 2014.
Permit No. 56890111 and NPDES No. PA0598577.
Heritage Coal & Natural Resources, LLC, 208 W.
Mud Pike, Rockwood, PA 15557, permit renewal for
reclamation only of a bituminous surface mine in Elk
Lick Township, Somerset County affecting 66.3 acres.
Receiving streams: unnamed tributaries to/and Tub Mill
Run and unnamed tributaries to/and Casselman River,
Parameter
Suspended solids
Alkalinity exceeding acidity*
pH*
classified for the following uses: cold water fishery and
warm water fishery. There are no potable water supply
intakes within 10 miles downstream. Application received: November 25, 2014.
Moshannon District Mining Office: 186 Enterprise
Drive, Philipsburg, PA 16866, 814-342-8200
17080114 and NPDES PA0256951. Waroquier Coal
Co. (P.O. Box 128, Clearfield, PA 16830). Permit renewal
to an existing bituminous surface and auger mine located
in Jordan Township, Clearfield County affecting 102.2
acres. Receiving streams: North Witmer Run and
Davidson Run classified for the following use(s): CWF.
There are no potable water supply intakes within 10
miles downstream. Application received: November 21,
2014.
New Stanton District Office: 131 Broadview Road, New
Stanton, PA 15672, 724-925-5500
30140101 and NPDES Permit No. PA0278106.
Stash Mining LLC (675 Old Route 51 Rd., Waltersburg,
PA 15488). Application for commencement, operation and
restoration of bituminous surface mine, located in
Monongahela Township, Greene County, affecting 150
acres. Receiving streams: unnamed tributaries to
Monongahela River and Whiteley Creek, classified for the
following use: WWF. The potable water supplies with
intake within 10 miles downstream from the point of
discharge: Masontown Municipal Authority and
Carmichaels Municipal Authority. Application received:
November 14, 2014.
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901, 570-621-3118
Permit No. 54040203R2. Wheelabrator Culm Services, Inc., (4 Liberty Lane West, Hampton, NH 03842),
renewal of an existing anthracite coal refuse reprocessing
operation in Mahanoy Township, Schuylkill County
affecting 42.1 acres, receiving stream: North Mahanoy
Creek, classified for the following uses: cold water fishes
and migratory fishes. Application received: October 31,
2014.
Permit No. 13890201R5 and NPDES Permit No.
PA0594580. Panther Creek Permitting, LLC, (4 Dennison Road, Nesquehoning, PA 18240), renewal of an
existing anthracite coal refuse reprocessing and ash disposal operation in Nesquehoning Borough, Carbon
County affecting 76.8 acres, receiving stream:
Nesquehoning Creek, classified for the following uses:
cold water and migratory fishes. Application received:
November 12, 2014.
Noncoal Applications Received
Effluent Limits—The following effluent limits will apply
to NPDES permits issued in conjunction with a noncoal
mining permit:
Table 2
30-day
Average
Daily
Maximum
Instantaneous
Maximum
10 to 35 mg/l
20 to 70 mg/l
25 to 90 mg/l
greater than 6.0; less than 9.0
* The parameter is applicable at all times.
A settleable solids instantaneous maximum limit of 0.5 ml/l applied to surface runoff resulting from a precipitation
event of less than or equal to a 10-year 24-hour event. If coal will be extracted incidental to the extraction of noncoal
minerals, at a minimum, the technology-based effluent limitations identified under coal applications will apply to
discharges of wastewater to streams.
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New Stanton District Office: 131 Broadview Road, New Stanton, PA 15672, 724-925-5500
63090601 and NPDES Permit No. PA0251712. Mon River Aggregates, LLC (P.O. Box 435, Millsboro, PA 15348).
Transfer application to an existing large noncoal surface mine permitted by Arthur J. Boyle, located in East Bethlehem
Township, Washington County, affecting 50.3 acres. Receiving streams: unnamed tributaries to Ten Mile Creek and Ten
Mile Creek, classified for the following use: WWF. The potable water supplies with intake within 10 miles downstream
from the point of discharge: PA American Water Co./Brownsville Plant and Tri County Joint Municipal Authority. Transfer
application received: October 29, 2014.
63090601 and NPDES Permit No. PA0251712. Mon River Aggregates, LLC (P.O. Box 435, Millsboro, PA 15348).
NPDES renewal application to an existing large noncoal surface mine, located in East Bethlehem Township, Washington
County, affecting 50.3 acres. Receiving streams: unnamed tributaries to ten Mile Creek and Ten Mile Creek, classified
for the following use: WWF. The potable water supplies intake within 10 miles downstream from the point of discharge:
PA American Water Co./Brownsville Plant and Tri County Joint Municipal Authority. Renewal application received:
October 29, 2014.
MINING ACTIVITY NPDES DRAFT PERMITS
This notice provides information about applications for a new, amended or renewed NPDES permits associated with
mining activity (coal or noncoal) permits. The applications concern industrial waste (mining) discharges to surface water
and discharges of stormwater associated with mining activities. This notice is provided in accordance with 25 Pa. Code
Chapters 91 and 92a and 40 CFR Part 122, implementing provisions of The Clean Streams Law (35 P. S.
§§ 691.1—691.1001) and the Federal Clean Water Act (33 U.S.C.A. §§ 1251—1376).
The Department of Environmental Protection (Department) has prepared a draft NPDES permit and made a tentative
determination to issue the NPDES permit in conjunction with the associated mining activity permit.
Effluent Limits for Coal Mining Activities
For coal mining activities, NPDES permits, when issued, will contain effluent limits that are the more stringent of
technology-based (BAT) effluent limitations or Water Quality Based Effluent Limits (WQBEL).
The BAT limits for coal mining activities, as provided in 40 CFR Part 434 and 25 Pa. Code Chapters 87—90 are as
follows:
30-Day
Daily
Instantaneous
Parameter
Average
Maximum
Maximum
Iron (Total)
3.0 mg/l
6.0 mg/l
7.0 mg/l
Manganese (Total)
2.0 mg/l
4.0 mg/l
5.0 mg/l
Suspended solids
35 mg/l
70 mg/l
90 mg/l
pH*
greater than 6.0; less than 9.0
Alkalinity greater than acidity*
* The parameter is applicable at all times.
A settleable solids instantaneous maximum limit of 0.5 ml/l applies to: surface runoff (resulting from a precipitation
event of less than or equal to a 10-year 24-hour event) from active mining areas; active areas disturbed by coal refuse
disposal activities; mined areas backfilled and revegetated; and all other discharges and drainage (resulting from a
precipitation event of greater than 1-year 24-hour to less than or equal to a 10-year 24-hour event) from coal refuse
disposal piles. Similarly, modified BAT limits apply to iron, manganese and suspended solids in surface runoff, discharges
and drainage resulting from these precipitation events and those of greater magnitude in accordance with 25 Pa. Code
§§ 87.102, 88.92, 88.187, 88.292, 89.52 and 90.102.
Exceptions to BAT effluent limits may be applicable in accordance with 25 Pa. Code §§ 87.102, 88.92, 88.187, 88.292,
89.52 and 90.102.
Effluent Limits for Noncoal Mining Activities
The limits for noncoal mining activities as provided in 25 Pa. Code Chapter 77 are pH 6 to 9 and other parameters the
Department may require.
Discharges from noncoal mines located in some geologic settings (for example, in the coal fields) may require additional
water quality based effluent limits. If additional effluent limits are needed for an NPDES permit associated with a
noncoal mining permit, then the permit description specifies the parameters.
In addition to BAT or WQBEL limits, coal and noncoal NPDES permits establish effluent limitations in the form of
implemented Best Management Practices (BMPs) identified in the associated Erosion and Sedimentation Plan, the
Reclamation Plan and the NPDES permit application. These BMPs restrict the rates and quantities of associated
pollutants from being discharged into surface waters in this Commonwealth.
More restrictive effluent limitations, restrictions on discharge volume or restrictions on the extent of mining that may
occur are incorporated into an NPDES permit when necessary for compliance with water quality standards and
antidegradation requirements (in accordance with 25 Pa. Code Chapters 91—96).
The procedures for determining the final effluent limits, using a mass-balance equation or model, are found in
Technical Guidance Document 563-2112-115, Developing National Pollutant Discharge Elimination System (NPDES)
Permits for Mining Activities. Other specific factors to be considered include public comments and Total Maximum Daily
Load(s). Additional discharge limitations may apply in the event that unexpected discharges occur.
Discharge rates for surface mining activities are precipitation driven. Discharge rates for proposed discharges
associated with underground mining are noted in the permit description.
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Persons wishing to comment on an NPDES draft permit should submit a written statement to the Department at the
address of the district mining office indicated before each draft permit within 30 days of this public notice. Comments
received within the comment period will be considered in the final determinations regarding the NPDES permit
applications. Comments must include the name, address and telephone number of the writer and a concise statement to
inform the Department of the exact basis of a comment and the relevant facts upon which it is based.
The Department will also accept requests or petitions for a public hearing on NPDES permit applications, as provided
in 25 Pa. Code § 92a.82(d). The request or petition for a public hearing shall be filed within 30 days of this public notice
and contain the name, address, telephone number and the interest of the party filing the request, and state the reasons
why a hearing is warranted. A public hearing may be held if the Department considers the public interest significant. If a
hearing is scheduled, a notice of the hearing on the NPDES permit application will be published in the Pennsylvania
Bulletin and a newspaper of general circulation within the relevant geographical area. When a public hearing is held, the
Department will consider comments from the public hearing in the final determination on the NPDES permit application.
Coal NPDES Draft Permits
Cambria District Mining Office: 286 Industrial Park Road, Ebensburg, PA 15931, 814-472-1900
NPDES No. PA0279307 (Mining Permit No. 05130101), Robindale Energy Services, Inc., 224 Grange Hall Road,
Armagh, PA 15920, new NPDES permit for a bituminous surface mine in Broad Top Township, Bedford County,
affecting 302.5 acres. Receiving streams: unnamed tributary to Six Mile Run, Shreves Run and unnamed tributary to
Longs Run, classified for the following use: warm water fishery. These receiving streams are included in the Six Mile Run
Watershed and Longs and Sandy Run Watershed TMDLs. Application received: June 20, 2014.
Unless otherwise noted for a specific outfall, the proposed effluent limits for all outfalls in this permit are the BAT
limits described above for coal mining activities.
The treated wastewater outfalls listed below, discharge to an unnamed tributary to Longs Run:
Outfall Nos.
002
003
004
The proposed effluent limits for the above listed outfalls are as follows:
Outfalls: 001, 002, 003, 004
30-Day
Parameter
Average
Iron (mg/l)
1.5
Manganese (mg/l)
1.0
Aluminum (mg/l)
0.75
Total Suspended Solids (mg/l)
35.0
pH (S.U.): Must be between 6.0 and 9.0 standard units at all times
Alkalinity must exceed acidity at all times
New Outfall (Y/N)
Y
Y
Y
Daily
Maximum
3.0
2.0
0.75
70.0
Instant.
Maximum
3.7
2.5
0.75
90.0
The stormwater outfalls listed below discharge to an unnamed tributary to Six Mile Run, Shreves Run and an
unnamed tributary to Longs Run:
Outfall Nos.
005
006
007
008
009
010
011
012
013
014
015
New Outfall (Y/N)
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
This proposed mine site also contains, or is hydrologically connected to, substandard discharges for which there is no
responsible party. Pursuant to 25 Pa. Code § 87.201, effluent limits for those discharges will be based upon the existing
baseline pollution load, or the standards found at 25 Pa. Code § 87.102(a) Group A, whichever is least stringent.
Knox District Mining Office: P.O. Box 669, 310 Best Avenue, Knox, PA 16232-0669, 814-797-1191
NPDES No. PA0259055 (Permit No. 24110101). RES Coal, LLC (P.O. Box 228, Armagh, PA 15920) Renewal of an
NPDES permit for a bituminous surface mine in Fox Township, Elk County, affecting 101.0 acres. Receiving streams:
Little Toby Creek, classified for the following uses: CWF. TMDL: Little Toby Creek. Application received: October 20,
2014.
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Unless otherwise noted for a specific outfall, the proposed effluent limits for all outfalls in this permit are the BAT
limits described above for coal mining activities. The outfall(s) listed below discharge to Little Toby Creek:
Outfall No.
New Outfall (Y/N)
C
D
E
The proposed effluent limits for the above listed outfall(s) are as follows:
Parameter
Minimum
6.0
pH1 (S.U.)
Iron (mg/l)
Manganese (mg/l)
Aluminum (mg/l)
Alkalinity greater than acidity1
Total Suspended Solids (mg/l)
1
The parameter is applicable at all times.
The outfall(s) listed below discharge to Little Toby Creek:
Outfall No.
N
N
N
30-Day
Average
Daily
Maximum
3.0
2.0
0.75
6.0
4.0
1.5
35
70
Instant.
Maximum
9.0
7.0
5.0
1.88
90
New Outfall (Y/N)
A
N
B
N
The proposed effluent limits for the above listed outfall(s) are as follows:
30-Day
Daily
Instant.
Parameter
Minimum
Average
Maximum
Maximum
6.0
9.0
pH1 (S.U.)
Iron (mg/l)
7.0
Alkalinity greater than acidity1
Total Settleable Solids (ml/l)
0.5
Noncoal NPDES Draft Permits
Cambria District Mining Office: 286 Industrial Park Road, Ebensburg, PA 15931, 814-472-1900
NPDES No. PA0212512 (Mining Permit No. 4274SM11), New Enterprise Stone & Lime Company, Inc., P.O.
Box 77, New Enterprise, PA 16664, revision of an NPDES permit for quarry in Taylor Township, Blair County, affecting
457.4 acres. Receiving streams: Halter Creek and Plum Creek, classified for the following uses: existing use of Halter
Creek—cold water fishery; existing use of Plum Creek—high quality cold water fishery. Application received: October 8,
2014.
Unless otherwise noted for a specific outfall, the proposed effluent limits for all outfalls in this permit are the BAT
limits described above for noncoal mining activities.
The outfalls listed below discharge to Halter Creek:
Outfall Nos.
New Outfall (Y/N)
002
N
005
N
006
N
007
N
008
N
The outfalls listed below discharge to Plum Creek:
Outfall Nos.
New Outfall (Y/N)
003
N
004
N
010
N
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901, 570-621-3118
NPDES Permit No. PA022525 on Surface Mining Permit No. 58140807. Eric Diaz, (1612 Lewis Road, Montrose,
PA 18801), new NPDES Permit for a bluestone quarry operation in New Milford Township, Susquehanna County,
affecting 5.0 acres. Receiving stream: East Lake Creek to Salt Lick Creek, classified for the following uses: HQ—cold
water and migratory fishes. Application received: October 22, 2014.
Non-discharge BMP’s shall be in effect.
FEDERAL WATER POLLUTION
CONTROL ACT, SECTION 401
The following permit applications, requests for Environmental Assessment approval and requests for 401 Water
Quality Certification have been received by the Department. Section 401 of the Federal Water Pollution Control
Act (FWPCA) (33 U.S.C.A. § 1341) requires the Commonwealth to certify that the involved projects will not violate
the sections 301—303, 306 and 307 of the FWPCA (33
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
7920
NOTICES
U.S.C.A. §§ 1311—1313, 1316 and 1317) as well as
relevant State requirements. Persons objecting to approval of a request for certification under section 401 of
the FWPCA, the issuance of a Dam Permit or Water
Obstruction and Encroachment Permit or the approval of
an Environmental Assessment shall submit comments,
suggestions or objections within 30 days of the date of
this notice as well as any questions to the office noted
before an application. Comments should contain the
name, address and telephone number of the person
commenting, identification of the certification request to
which the comments or objections are addressed and a
concise statement of comments, objections or suggestions
including the relevant facts upon which they are based.
The Department may conduct a fact-finding hearing or
an informal conference in response to comments if
deemed necessary. Each individual will be notified, in
writing, of the time and place of a scheduled hearing or
conference concerning the certification request to which
the comment, objection or suggestion relates. Maps, drawings and other data pertinent to the certification request
are available for inspection between 8 a.m. and 4 p.m. on
working days at the office noted before the application.
Persons with a disability who wish to attend the
hearing and require an auxiliary aid, service or other
accommodation to participate in the proceedings should
contact the specified program. TDD users may contact the
Department through the Pennsylvania AT&T Relay Service at (800) 654-5984.
Applications Received under the Dam Safety and
Encroachments Act (32 P. S. §§ 693.1—693.27) and
section 302 of the Flood Plain Management Act
(32 P. S. § 679.302) and Requests for Certification
under section 401(a) of the FWPCA.
WATER OBSTRUCTIONS AND ENCROACHMENTS
Southeast Region: Waterways and Wetlands Program
Manager, 2 East Main Street, Norristown, PA 19401,
Telephone 484-250-5900
E15-853. B&B Homes Inc., 110 N. Phoenixville Pike,
Malvern, PA 19355, East Whiteland Township, Chester
County, ACOE Philadelphia District.
To perform the following water obstruction and encroachment activities associated with the Linden Hall
Project Residential Subdivision.
1. Fill in the wetland (PEM, POW) about 0.0685 acre
for the construction of roadway, Parking and Townhouse
units.
2. To construct and maintain a pedestrian bridge
across Valley Creek (EV, MF) having an approximate
waterway opening of 12 feet wide by 5-feet high and
measuring approximately 4-feet in length.
3. To rehabilitate and maintain the 15-foot extension of
existing 30-inch CMP pipe culvert located at the
Lancaster Avenue.
The site is located at about 100 feet northeast of the
intersection of Lancaster Avenue and Sproul Road (Malvern—PA USGS Quadrangle Latitude 40.038219; Longitude -75.559368).
Northeast Region: Waterways and Wetlands Program
Manager, 2 Public Square, Wilkes-Barre, PA 18701-1915,
Telephone 570-826-2511.
E13-181. Reading Blue Mountain and Northern
Railroad, 1 Railroad Boulevard, Port Clinton, PA 19549,
in Nesquehoning Borough and Jim Thorpe Borough,
Carbon County, U.S. Army Corps of Engineers, Philadelphia District.
To construct and maintain a 28-foot wide, 431-foot long,
3-span steel girder railroad bridge spanning the Lehigh
River (HQ-CWF, MF) consisting of two 50 ft2 cast-in-place
concrete support piers, two concrete abutments, and
having a 32-foot under clearance. The purpose the project
is to provide a direct route for southbound rail traffic. The
project is located adjacent to the confluence of
Nesquehoning Creek and Lehigh River, approximately 1.2
miles northwest of the intersection of S.R. 903 and U.S.
Route 209 (Nesquehoning, PA Quadrangle, Latitude:
40°52⬘28⬙; Longitude: -75°45⬘28⬙).
Southcentral Region: Waterways & Wetlands Program,
909 Elmerton Avenue, Harrisburg, PA 17110, Ed Muzic,
Section Chief, 717.705.4802.
E07-454, Altoona Blair County Development Corporation, Devorris Center, 3900 Industrial Park Drive,
Altoona, PA 16602. Martin Marasco Business Park improvements in Greenfield Township, Blair County, Baltimore ACOE District.
The Applicant proposes to construct and maintain 1) a
road crossing utilizing a 36-inch diameter culvert with rip
rapin and across a Palustrine Emergent (PEM) wetland
permanently impacting 0.02 acre (Latitude: 40° 16⬘
14.3⬙N, Longitude: 78° 28⬘ 28.3⬙W), 2) a road crossing
utilizing a 30-inch diameter culvert with rip rap, with a
sanitary sewer line crossing, in and across a PEM
wetland permanently impacting 0.03 acre (Latitude: 40°
16⬘ 22.3⬙N, Longitude: 78° 28⬘ 20.0⬙W), 3) a road crossing
utilizing three 15-inch diameter culverts with riprap, with
sanitary sewer, water line and gas line crossings in and
across an Exceptional Value (EV) PEM wetland permanently impacting 0.16 acre (Latitude: 40° 16⬘ 26.4⬙N,
Longitude: 78° 28⬘ 16.7⬙W), 4) a road crossing utilizing six
15-inch diameter culverts with riprap with sanitary
sewer, water line, and gas line crossings in a PEM
wetland impacting 0.19 acre (Latitude: 40° 16⬘ 27.7⬙N,
Longitude: 78° 28⬘ 16.0⬙W), 5) a sidewalk crossing utilizing a 36-inch diameter culvert with a R-5 rip rap apron in
and across an EV PEM wetland permanently impacting
0.04 acre (Latitude: 40° 16⬘ 25.3⬙N, Longitude: 78° 28⬘
12.7⬙W), 6) a stormwater pipe crossing below grade in and
across a PEM wetland permanently impacting 0.01 acre
(Latitude: 40° 16⬘ 27⬙N, Longitude: 78° 28⬘ 12.7⬙W), 7) a
stormwater pipe crossing below grade in and across a
PEM wetland permanently impacting 0.01 acre (Latitude:
40° 16⬘ 26.7⬙N, Longitude: 78° 28⬘ 9.1⬙W), 8) a road and
pedestrian walkway crossing utilizing a 36-inch diameter
culvert with a R-5 rip rap apron and water line and gas
line crossings in and across an EV PEM wetland permanently impacting 0.05 acre (Latitude: 40° 16⬘ 26.4⬙N,
Longitude: 78° 28⬘ 8.1⬙W), and 9) a stormwater pipe
crossing below grade in and across an EV PEM wetland
permanently impacting 0.01 acre (Latitude: 40° 16⬘ 27.3,
Longitude: 78° 28⬘ 5.5⬙) all for the purpose of continued
business park development located between Sheetz Way
and Cottonwood Road (Roaring Spring, PA Quadrangle,
Latitude: 40° 16⬘ 26⬙N, Longitude: -78° 28⬘ 31⬙)in Greenfield Township, Blair County.
E36-933: Transcontinental Gas Pipe Line Company, LLC, 2800 Post Oak Boulevard, Houston, Texas,
77056 in Drumore and Fulton Townships, Lancaster
County, U.S. Army Corps of Engineers Baltimore District
To install and maintain the following:
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
NOTICES
Description
of Impact
20.0-inch
steel natural
gas utility
line stream
crossing
Resource
Name
(Chapter 93
Designation)
Unnamed
tributary to
Fishing
Creek (EV,
MF)
20.0-inch
steel natural
gas utility
line floodway
crossing
Impact Dimensions
(Length x Width) (Feet)
40
(Permanent)
3
(Permanent)
35
(Temporary)
3
(Temporary)
Floodway of
unnamed
tributary to
Fishing
Creek
40
(Permanent)
125
(Permanent)
74
(Temporary)
125
(Temporary)
20.0-inch
steel natural
gas utility
line stream
crossing
Fishing
Creek (EV,
MF)
40
(Permanent)
25
(Permanent)
20.0-inch
steel natural
gas utility
line floodway
crossing
Temporary
access road
floodway
crossing
Floodway of
Fishing
Creek
63
(Temporary)
40
(Permanent)
25
(Temporary)
107
(Permanent)
55
(Temporary)
107
(Temporary)
0
(Permanent)
0
(Permanent)
20
(Temporary)
18
(Temporary)
20.0-inch
Unnamed
steel natural tributary to
gas utility
Susquehanna
line stream
River
crossing
(HQ-CWF,
MF)
40
(Permanent)
5
(Permanent)
58
(Temporary)
5
(Temporary)
20.0-inch
Floodway of
steel natural
unnamed
gas utility
tributary to
line floodway Susquehanna
crossing
River
40
(Permanent)
48
(Permanent)
55
(Temporary)
10
(Permanent)
48
(Temporary)
53
(Permanent)
85
(Temporary)
53
(Temporary)
0
(Permanent)
0
(Permanent)
26
(Temporary)
77
(Temporary)
0
(Permanent)
0
(Permanent)
20
(Temporary)
79
(Temporary)
40
(Permanent)
30
(Permanent)
56
(Temporary)
30
(Temporary)
Floodway of
unnamed
tributary to
Fishing
Creek
20.0-inch
PEM wetland
steel natural
(EV)
gas utility
line wetland
crossing
20.0-inch
Floodway of
steel natural
unnamed
gas utility
tributary to
line floodway Susquehanna
crossing
River
Temporary
Floodway of
access road
unnamed
floodway
tributary to
crossing
Susquehanna
River
20.0-inch
Peters Creek
steel natural
(HQ-WWF,
gas utility
MF)
line stream
crossing
7921
Permanent
Impact
Area
(acres)
Temporary
Impact
Area
(acres)
Latitude
Longitude
0.003
0.002
39° 48⬘ 39⬙
-76° 14⬘ 31⬙
0.15
0.20
39° 48⬘ 39⬙
-76° 14⬘ 31⬙
0.03
0.04
39° 48⬘ 23⬙
-76° 14⬘ 27⬙
0.05
0.10
39° 48⬘ 23⬙
-76° 14⬘ 27⬙
0.00
0.01
39° 48⬙ 22⬙
-76° 14⬘ 24⬙
0.01
0.01
39° 47⬘ 02⬙
-76° 14⬘ 11⬙
0.05
0.10
39° 47⬘ 02⬙
-76° 14⬘ 11⬙
0.01
0.11
39° 47⬘ 02⬙
-76° 14⬘ 11⬙
0.00
0.05
39° 47⬘ 01⬙
-76° 14⬘ 10⬙
0.00
0.04
39° 47⬘ 01⬙
-76° 14⬘ 10⬙
0.03
0.04
39° 46⬘ 11⬙
-76° 12⬘ 54⬙
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
7922
Description
of Impact
20.0-inch
steel natural
gas utility
line floodway
crossing
NOTICES
Resource
Name
(Chapter 93
Designation)
Floodway of
Peters Creek
Impact Dimensions
(Length x Width) (Feet)
40
100
(Permanent) (Permanent)
55
(Temporary)
100
(Temporary)
20.0-inch
steel natural
gas utility
line stream
crossing
Puddle Duck
Creek
(HQ-WWF,
MF)
40
(Permanent)
15
(Permanent)
66
(Temporary)
15
(Temporary)
20.0-inch
steel natural
gas utility
line floodway
crossing
Floodway of
Puddle Duck
Creek
40
(Permanent)
108
(Permanent)
55
(Temporary)
108
(Temporary)
10
(Permanent)
4
(Permanent)
122
Temporary)
40
(Permanent)
4
(Temporary)
4
(Permanent)
101
(Temporary)
4
(Temporary)
40
(Permanent)
114
(Permanent)
55
(Temporary)
114
(Temporary)
20.0-inch
PEM wetland
steel natural
(EV)
gas utility
line wetland
crossing
20.0-inch
Unnamed
steel natural tributary to
gas utility
Puddle Duck
line stream
Creek
crossing
(HQ-WWF,
MF)
20.0-inch
Floodway of
steel natural
unnamed
gas utility
tributary to
line floodway Puddle Duck
crossing
Creek
Temporary
access road
floodway
crossing
Floodway of
unnamed
tributary to
Conowingo
Creek
0
(Permanent)
0
(Permanent)
20
(Temporary)
20.0-inch
steel natural
gas utility
line stream
crossing
Unnamed
tributary to
Conowingo
Creek
(HQ-CWF,
MF)
Floodway of
unnamed
tributary to
Conowingo
Creek
40
(Permanent)
107
(Temporary)
3
(Permanent)
106
(Temporary)
3
(Temporary)
40
(Permanent)
185
(Permanent)
55
(Temporary)
185
(Temporary)
20.0-inch
PEM wetland
steel natural
(EV)
gas utility
line wetland
crossing
0
(Permanent)
0
(Permanent)
27
(Temporary)
49
(Temporary)
20.0-inch
steel natural
gas utility
line wetland
crossing
0
(Permanent)
0
(Permanent)
36
(Temporary)
18
(Temporary)
20.0-inch
steel natural
gas utility
line floodway
crossing
PFO wetland
(EV)
Permanent
Impact
Area
(acres)
Temporary
Impact
Area
(acres)
Latitude
Longitude
0.08
0.14
39° 46⬘ 11⬙
-76° 12⬘ 54⬙
0.01
0.03
39° 45⬘ 27⬙
-76° 12⬘ 27⬙
0.09
0.20
39° 45⬘ 27⬙
-76° 12⬘ 27⬙
0.001
0.02
39° 45⬘ 26⬙
-76° 12⬘ 27⬙
0.004
0.01
39° 44⬘ 48⬙
-76° 12⬘ 11⬙
0.09
0.23
39° 44⬘ 48⬙
-76° 12⬘ 11⬙
0.00
0.05
39° 43⬘ 55⬙
-76° 11⬘ 33⬙
0.002
0.01
39° 43⬘ 47⬙
-76° 11⬘ 46⬙
0.15
0.15
39° 43⬘ 47⬙
-76° 11⬘ 46⬙
0.00
0.07
39° 43⬘ 46⬙
-76° 11⬘ 46⬙
0.00
0.02
39° 43⬘ 29⬙
-76° 11⬘ 29⬙
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
NOTICES
Description
of Impact
20.0-inch
steel natural
gas utility
line stream
crossing
Resource
Name
(Chapter 93
Designation)
Unnamed
tributary to
Conowingo
Creek
(HQ-CWF,
MF)
Impact Dimensions
(Length x Width) (Feet)
40
(Permanent)
3
(Permanent)
80
(Temporary)
3
(Temporary)
20.0-inch
steel natural
gas utility
line floodway
crossing
Floodway of
unnamed
tributary to
Conowingo
Creek
40
(Permanent)
126
(Permanent)
55
(Temporary)
126
(Temporary)
Temporary
access road
stream
crossing
Unnamed
tributary to
Conowingo
Creek
(HQ-CWF,
MF)
0
(Permanent)
0
(Permanent)
20
(Temporary)
3
(Temporary)
Temporary
access road
floodway
crossing
Floodway of
unnamed
tributary to
Conowingo
Creek
PEM wetland
(EV)
0
(Permanent)
0
(Permanent)
20
(Temporary)
112
(Temporary)
0
(Permanent)
0
(Permanent)
4
(Temporary)
5
(Temporary)
Temporary PEM wetland
access road
(EV)
wetland
crossing
Temporary PEM wetland
access road
(EV)
wetland
crossing
Temporary PEM wetland
access road
(EV)
wetland
crossing
Temporary
Floodway of
Conowingo
access road
Creek
floodway
crossing
20.0-inch
PFO wetland
steel natural
(EV)
gas utility
line wetland
crossing
20.0-inch
PSS wetland
steel natural
(EV)
gas utility
line wetland
crossing
0
(Permanent)
0
(Permanent)
20
56
0
(Permanent)
0
(Permanent)
20
21
0
(Permanent)
0
(Permanent)
20
0
(Permanent)
30
0
(Permanent)
20.0-inch
steel natural
gas utility
line stream
crossing
Temporary
access road
wetland
crossing
Conowingo
Creek (CWF,
MF)
20
114
30
(Permanent)
268
(Permanent)
30
129
0
(Permanent)
0
(Permanent)
133
147
40
(Permanent)
49
(Permanent)
649
49
7923
Permanent
Impact
Area
(acres)
Temporary
Impact
Area
(acres)
Latitude
Longitude
0.01
0.01
39° 43⬘ 29⬙
-76° 11⬘ 28⬙
0.12
0.18
39° 43⬘ 29⬙
-76° 11⬘ 28⬙
0.00
0.002
39° 43’ 29‘‘
-76° 11’ 28’’
0.00
0.05
39° 43⬘ 29⬙
-76° 11⬘ 28⬙
0.00
0.0005
39° 43⬘ 26⬙
-76° 11⬘ 11⬙
0.00
0.03
39° 43⬘ 32⬙
76° 11⬘ 10⬙
0.00
0.01
39° 43⬘ 33⬙
76° 11⬘ 10⬙
0.00
0.01
39° 43⬘ 34⬙
76° 11⬘ 10⬙
0.00
0.05
39° 43⬘ 31⬙
76° 11⬘ 10⬙
0.19
0.76
39° 43⬘ 19⬙
76° 10⬘ 58⬙
0.00
0.55
39° 43⬘ 17⬙
76° 10⬘ 58⬙
0.04
0.64
39° 43⬘ 18⬙
76° 10⬘ 55⬙
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
7924
Description
of Impact
20.0-inch
steel natural
gas utility
line floodway
crossing
NOTICES
Resource
Name
(Chapter 93
Designation)
Floodway of
Conowingo
Creek
Impact Dimensions
(Length x Width) (Feet)
20.0-inch
PEM wetland
steel natural
(EV)
gas utility
line wetland
crossing
20.0-inch
PFO wetland
steel natural
(EV)
gas utility
line wetland
crossing
Temporary PEM wetland
access road
(EV)
wetland
crossing
40
(Permanent)
116
(Permanent)
649
116
0
(Permanent)
0
(Permanent)
92
31
30
(Permanent)
100
(Permanent)
104
100
0
(Permanent)
0
(Permanent)
20
20
The purpose of the project is to provide natural gas
services for a proposed upgrade to the existing Wildcat
Point electric generating facility located in Cecil County,
Maryland. The project proposes to permanently impact
418.41 linear feet of stream channel, 1.26 acre of
floodway, and 0.26 acres of wetlands. Although 0.26 acre
of wetlands will be impacted through maintenance of the
right-of-way, no wetland acreage loss is anticipated, and
onsite replacement is not required. Peters Creek, Puddle
Duck Creek and their unnamed tributaries contain naturally reproducing wild brown trout populations, and
instream construction time-of-year restrictions will be
implemented to avoid impacts to trout spawning.
E21-443: Michael & Dianna Gayman of 480 McCullough Road, Shippensburg, Project on property at
Baltimore Road in Southampton Township, Cumberland
County, U.S. Army Corps of Engineers Baltimore District
To construct and maintain a single span bridge with a
27.0 foot span, 10.0 foot width and an average underclearance of 3.9 feet over Burd Run (CWF/MF) in
Southampton Township, Cumberland County (Latitude:
40° 00⬘ 30⬙; Longitude: -77° 27⬘ 45⬙) for the purpose of
accessing the full acreage of property owned. The project
is located approximately 700 feet northwest of the intersection of Shippensburg Road and Milesburg Road.
Northcentral Region: Waterways & Wetlands Program
Manager, 208 West Third Street, Williamsport, PA 17701,
570-327-3636
E14-558. Patton Township, 100 Patton Plaza, State
College, PA 18803-2304. Waddle Road Improvements, in
Patton Township, Centre County, ACOE Baltimore District (Julian, PA Quadrangle N: 40° 49⬘ 12.55⬙; W: -77° 54⬘
04.30⬙).
To construct and maintain a 8-foot by 5-foot by 78-foot
long reinforced concrete culvert extension at a 30-degree
skew to the existing 8-foot by 5-foot by 150-foot 3-inch
long reinforced concrete culvert to accommodate road
widening on Waddle Road located between Toftrees Avenue and I-99. This applicant proposes to: 1) temporarily
impact 50 linear feet of the unnamed tributary to Spring
Creek, 2) permanently impact 200 linear feet of the
Permanent
Impact
Area
(acres)
Temporary
Impact
Area
(acres)
Latitude
Longitude
0.44
1.11
39° 43⬘ 18⬙
76° 10⬘ 55⬙
0.00
0.08
39° 43⬘ 16⬙
76° 10⬘ 56⬙
0.06
0.32
39° 43⬘ 17⬙
76° 10⬘ 54⬙
0.00
0.01
39° 43⬘ 16⬙
76° 10⬘ 56⬙
unnamed tributary to Spring Creek, which are classified
as High Quality—Cold Water Fishery.
Southwest Region: Waterways & Wetlands Program
Manager, 400 Waterfront Drive, Pittsburgh, PA 152224745
E02-1702. Wal-Mart Stores East, LP, 2001 SE 10th
Street, Mail Stop #5570, Bentonville, AR 72716; Moon
Township, Allegheny County; ACOE Pittsburgh District
The applicant is proposing to do the following:
1. Permanently impact 0.305 acre of wetlands through
grading and placement of fill;
2. Construct and maintain eighteen (18) temporary
road crossings and three (3) utility line crossings in
accordance with General Permits 5 and 8 that, cumulatively, will temporarily impact 0.095 acre, permanently
impact 0.107 acre of wetlands, temporarily impact 447
LF, and permanently impact 402 LF of unnamed tributaries to Flaugherty Run (WWF), and temporarily impact
1.14 acres and permanently impact 1.19 acres of floodway
of the same tributaries;
for the purposes of developing a new Wal-Mart facility.
As compensation for the proposed impacts, the applicant
is proposing to create a 0.31 acre PEM wetland on-site.
The project is located west of the intersection of University Blvd. and Brodhead Rd. (Ambridge, PA USGS topographic quadrangle map, Latitude: 40°31⬘1.2⬙; Longitude:
-80°13⬘39.8⬙), in Moon Township, Allegheny County.
District Oil & Gas Operations: Eastern Oil & Gas
District, 208 West Third Street, Suite 101, Williamsport,
PA 17701
E5829-092: UGI Energy Services, Inc., 1 Meridian
Blvd., Suite 2C01, Wyomissing, PA 19610, Auburn Township, Susquehanna County, ACOE Baltimore District.
To construct, operate and maintain the Auburn Line
Loop Project, which consists of one 24-inch natural gas
pipeline, with the following impacts:
1. 27,215 square feet of temporary impacts to
Palustrine Scrub Shrub (PSS) Wetlands via open cut
trenching and a temporary road crossing (Auburn Center,
PA Quadrangle, Latitude: N41°38⬘39.49⬙, Longitude:
W76°02⬘10.02⬙);
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NOTICES
2. 7,641 square feet of permanent impacts to
Palustrine Forested (PFO) Wetlands via open cut trenching and a temporary road crossing (Auburn Center, PA
Quadrangle, Latitude: N41°38⬘45.84⬙, Longitude:
W76°02⬘17.43⬙);
3. 125.0 linear feet of a UNT to Little Meshoppen
Creek (CWF, MF) via open cut trenching and a temporary
road crossing (Auburn Center, PA Quadrangle, Latitude:
N41°38⬘47.39⬙, Longitude: W76°02⬘19.23⬙);
4. 3,262 square feet of permanent impacts to
Palustrine Forested (PFO) Wetlands and 36,816 square
feet of temporary impacts to Palustrine Emergent (PEM)
Wetlands via open cut trenching and a temporary road
crossing (Auburn Center, PA Quadrangle, Latitude:
N41°38⬘48.62⬙, Longitude: W76°02⬘20.85⬙);
5. 21,239 square feet of temporary impacts to
Palustrine Emergent (PEM) Wetlands via open cut
trenching and a temporary road crossing (Auburn Center,
PA Quadrangle, Latitude: N41°38⬘54.63⬙, Longitude:
W76°02⬘25.73⬙);
6. 51.0 linear feet of a UNT to Little Meshoppen Creek
(CWF, MF) and 128 square feet of temporary impacts to
Palustrine Emergent (PEM) Wetlands via open cut
trenching and a temporary road crossing (Auburn Center,
PA Quadrangle, Latitude: N41°39⬘36.57⬙, Longitude:
W76°02⬘19.02⬙);
7. 8,564 square feet of temporary impacts to Palustrine
Emergent (PEM) Wetlands via open cut trenching and a
temporary road crossing (Auburn Center, PA Quadrangle,
Latitude: N41°39⬘36.77⬙, Longitude: W76°02⬘12.70⬙);
8. 1,102 square feet of temporary impacts to Palustrine
Emergent (PEM) Wetlands via open cut trenching and a
temporary road crossing (Auburn Center, PA Quadrangle,
Latitude: N41°39⬘36.84⬙, Longitude: W76°02⬘09.24⬙);
9. 15,777 square feet of temporary impacts to
Palustrine Emergent (PEM) Wetlands via open cut
trenching and a temporary road crossing (Auburn Center,
PA Quadrangle, Latitude: N41°40⬘14.96⬙, Longitude:
W76°02⬘11.55⬙);
10. 2,389 square feet of temporary impacts to
Palustrine Emergent (PEM) Wetlands via open cut
trenching and a temporary road crossing (Auburn Center,
PA Quadrangle, Latitude: N41°40⬘18.94⬙, Longitude:
W76°02⬘11.72⬙);
11. 28,170 square feet of temporary impacts to
Palustrine Emergent (PEM) Wetlands via open cut
trenching and a temporary road crossing (Auburn Center,
PA Quadrangle, Latitude: N41°40⬘24.76⬙, Longitude:
W76°02⬘13.14⬙);
12. 19,830 square feet of temporary impacts to
Palustrine Emergent (PEM) Wetlands via open cut
trenching and a temporary road crossing (Auburn Center,
PA Quadrangle, Latitude: N41°40⬘30.75⬙, Longitude:
W76°02⬘10.56⬙);
13. 8,877 square feet of temporary impacts to
Palustrine Emergent (PEM) Wetlands via open cut
trenching and a temporary road crossing (Auburn Center,
PA Quadrangle, Latitude: N41°40⬘52.45⬙, Longitude:
W76°02⬘26.93⬙);
14. 7,890 square feet of temporary impacts to
Palustrine Emergent (PEM) Wetlands via open cut
trenching and a temporary road crossing (Auburn Center,
PA Quadrangle, Latitude: N41°40⬘55.02⬙, Longitude:
W76°02⬘27.56⬙);
15. 7,584 square feet of temporary impacts to
Palustrine Emergent (PEM) Wetlands via open cut
7925
trenching and a temporary road crossing (Auburn Center,
PA Quadrangle, Latitude: N41°41⬘13.98⬙, Longitude:
W76°02⬘33.48⬙);
16. 6,894 square feet of temporary impacts to
Palustrine Emergent (PEM) Wetlands via open cut
trenching and a temporary road crossing (Auburn Center,
PA Quadrangle, Latitude: N41°42⬘01.25⬙, Longitude:
W76°02⬘13.05⬙);
17. 40,818 square feet of temporary impacts to
Palustrine Emergent (PEM) Wetlands via open cut
trenching and a temporary road crossing (Auburn Center,
PA Quadrangle, Latitude: N41°42⬘05.28⬙, Longitude:
W76°02⬘11.86⬙); and
18. 422.0 linear feet of a UNT to Nick Creek (CWF,
MF) via open cut trenching and a temporary road crossing (Auburn Center, PA Quadrangle, Latitude:
N41°42⬘06.84⬙, Longitude: W76°02⬘11.38⬙).
The project will result in 598.0 linear feet of temporary
stream impacts, 206,078 square feet (4.73 acres) of temporary PEM wetland impacts, 27,215 square feet (0.62 acre)
of temporary PSS wetland impacts, and 10,903 square
feet (0.25 acre) of permanent PFO wetland impacts, all
for the purpose of installing a natural gas pipeline and
associated access roadways for Marcellus shale development.
E6629-023: UGI Energy Services, Inc., 1 Meridian
Blvd., Suite 2C01, Wyomissing, PA 19610, Washington
Township Meshoppen Township, and Meshoppen Borough,
Wyoming County, ACOE Baltimore District.
To construct, operate and maintain the Auburn Line
Loop Project, which consists of one 24-inch natural gas
pipeline, with the following impacts:
1. 67.0 linear feet of a UNT to Susquehanna River
(CWF, MF) via open cut trenching and a temporary road
crossing (Meshoppen, PA Quadrangle, Latitude:
N41°34⬘50.96⬙, Longitude: W76°02⬘29.56⬙);
2. 54.0 linear feet of a UNT to Susquehanna River
(CWF, MF) via open cut trenching and a temporary road
crossing (Meshoppen, PA Quadrangle, Latitude:
N41°34⬘51.07⬙, Longitude: W76°02⬘30.46⬙);
3. 98.0 linear feet of a UNT to Susquehanna River
(CWF, MF) via open cut trenching and a temporary road
crossing (Meshoppen, PA Quadrangle, Latitude:
N41°35⬘01.98⬙, Longitude: W76°02⬘33.35⬙);
4. 1,012 square feet of temporary impacts to Palustrine
Emergent (PEM) Wetlands via open cut trenching and a
temporary road crossing (Meshoppen, PA Quadrangle,
Latitude: N41°35⬘06.10⬙, Longitude: W76°02⬘32.31⬙);
5. 4,527 square feet of temporary impacts to Palustrine
Emergent (PEM) Wetlands via open cut trenching and a
temporary road crossing (Meshoppen, PA Quadrangle,
Latitude: N41°35⬘27.94⬙, Longitude: W76°02⬘31.97⬙);
6. 1,244 square feet of temporary impacts to Palustrine
Emergent (PEM) Wetlands via open cut trenching and a
temporary road crossing (Meshoppen, PA Quadrangle,
Latitude: N41°35⬘30.68⬙, Longitude: W76°02⬘32.72⬙);
7. 2,638 square feet of permanent impacts to
Palustrine Forested (PFO) Wetlands, 11,132 square feet of
temporary impacts to Palustrine Scrub Shrub (PSS)
Wetlands, and 17,116 square feet of temporary impacts to
Palustrine Emergent (PEM) Wetlands via open cut
trenching and a temporary road crossing (Meshoppen, PA
Quadrangle, Latitude: N41°35⬘35.10⬙, Longitude:
W76°02⬘33.72⬙);
8. 274 square feet of temporary impacts to Palustrine
Emergent (PEM) Wetlands via open cut trenching and a
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
7926
NOTICES
temporary road crossing (Meshoppen, PA Quadrangle,
Latitude: N41°35⬘40.47⬙, Longitude: W76°02⬘32.15⬙);
9. 7,759 square feet of temporary impacts to Palustrine
Emergent (PEM) Wetlands via open cut trenching and a
temporary road crossing (Meshoppen, PA Quadrangle,
Latitude: N41°35⬘53.43⬙, Longitude: W76°02⬘30.18⬙);
10. 907 square feet of temporary impacts to Palustrine
Emergent (PEM) Wetlands via open cut trenching and a
temporary road crossing (Meshoppen, PA Quadrangle,
Latitude: N41°36⬘03.25⬙, Longitude: W76°02⬘28.89⬙);
11. 59.0 linear feet of a UNT to Susquehanna River
(CWF, MF) and 7,404 square feet of temporary impacts to
Palustrine Emergent (PEM) Wetlands via open cut
trenching and a temporary road crossing (Meshoppen, PA
Quadrangle, Latitude: N41°36⬘14.60⬙, Longitude:
W76°02⬘25.92⬙);
12. 81.0 linear feet of Meshoppen Creek (CWF, MF) via
open cut trenching and a temporary road crossing
(Meshoppen, PA Quadrangle, Latitude: N41°36⬘56.44⬙,
Longitude: W76°02⬘16.71⬙);
13. 104.0 linear feet of a UNT to Meshoppen Creek
(CWF, MF) via open cut trenching and a temporary road
crossing (Meshoppen, PA Quadrangle, Latitude:
N41°37⬘01.54⬙, Longitude: W76°02⬘15.82⬙);
14. 583 square feet of temporary impacts to Palustrine
Emergent (PEM) Wetlands via open cut trenching and a
temporary road crossing (Meshoppen, PA Quadrangle,
Latitude: N41°37⬘07.83⬙, Longitude: W76°02⬘14.78⬙);
15. 60.0 linear feet of a UNT to Meshoppen Creek
(CWF, MF) via open cut trenching and a temporary road
crossing (Meshoppen, PA Quadrangle, Latitude:
N41°37⬘10.15⬙, Longitude: W76°02⬘14.47⬙);
16. 154.0 linear feet of a UNT to Meshoppen Creek
(CWF, MF) via open cut trenching and a temporary road
crossing (Meshoppen, PA Quadrangle,
N41°37⬘18.97⬙, Longitude: W76°02⬘08.51⬙);
Latitude:
17. 194.0 linear feet of a UNT to Meshoppen Creek
(CWF, MF) via open cut trenching and a temporary road
crossing (Meshoppen, PA Quadrangle, Latitude:
N41°37⬘23.90⬙, Longitude: W76°02⬘05.36⬙);
18. 187.0 linear feet of a UNT to Meshoppen Creek
(CWF, MF) via open cut trenching and a temporary road
crossing (Meshoppen, PA Quadrangle, Latitude:
N41°37⬘29.79⬙, Longitude: W76°02⬘06.66⬙);
19. 1,233 square feet of temporary impacts to
Palustrine Emergent (PEM) Wetlands via open cut
trenching and a temporary road crossing (Auburn Center,
PA Quadrangle, Latitude: N41°37⬘38.97⬙, Longitude:
W76°02⬘04.32⬙);
20. 1,441 square feet of temporary impacts to
Palustrine Emergent (PEM) Wetlands via open cut
trenching and a temporary road crossing (Auburn Center,
PA Quadrangle, Latitude: N41°38⬘35.94⬙, Longitude:
W76°02⬘06.17⬙); and
21. 1,430 square feet of temporary impacts to
Palustrine Emergent (PEM) Wetlands via open cut
trenching and a temporary road crossing (Auburn Center,
PA Quadrangle, Latitude: N41°38⬘38.21⬙, Longitude:
W76°02⬘08.84⬙).
The project will result in 1058.0 linear feet of temporary stream impacts, 2,638 square feet (0.06 acre) of
permanent impacts to PFO wetlands, 11,132 square feet
(0.26 acre) of temporary impacts to PSS wetlands, and
44,930 square feet (1.03 acre) of temporary PEM wetland
impacts all for the purpose of installing a natural gas
pipeline and associated access roadways for Marcellus
shale development.
ACTIONS
THE PENNSYLVANIA CLEAN STREAMS LAW AND THE FEDERAL CLEAN
WATER ACT
FINAL ACTIONS TAKEN FOR NPDES PERMITS AND WQM PERMITS
The Department has taken the following actions on previously received applications for new, amended and renewed
NPDES and WQM permits, applications for permit waivers and NOIs for coverage under General Permits. This notice of
final action is provided in accordance with 25 Pa. Code Chapters 91 and 92a and 40 CFR Part 122, implementing
provisions of The Clean Streams Law (35 P. S. §§ 691.1—691.101) and the Federal Clean Water Act (33 U.S.C.A.
§§ 1251—1376).
Location
Section I
Section II
Section III
Section IV
Section V
Section VI
Section VII
Permit Authority
NPDES
NPDES
WQM
NPDES
NPDES
NPDES
NPDES
Application Type or Category
Renewals
New or Amendment
Industrial, Sewage or Animal Wastes; Discharges to Groundwater
MS4 Individual Permit
MS4 Permit Waiver
Individual Permit Stormwater Construction
NOI for Coverage under NPDES General Permits
Sections I—VI contain actions regarding industrial, animal or sewage wastes discharges, discharges to groundwater,
and discharges associated with MS4, stormwater associated with construction activities and CAFOs. Section VII contains
notices for parties who have submitted NOIs for Coverage under General NPDES Permits. The approval for coverage
under these General NPDES Permits is subject to applicable effluent limitations, monitoring, reporting requirements and
other conditions in each General Permit. The approval of coverage for land application of sewage sludge or residential
septage under applicable general permit is subject to pollutant limitations, pathogen and vector attraction reduction
requirements, operational standards, general requirements, management practices and other conditions in the respective
permit. The permits and related documents, effluent limitations, permitting requirements and other information are on
file and may be inspected and arrangements made for copying at the contact office noted before the action.
Persons aggrieved by an action may appeal that action to the Environmental Hearing Board (Board) under section 4 of
the Environmental Hearing Board Act (35 P. S. § 7514) and 2 Pa.C.S. §§ 501—508 and 701—704 (relating to
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
NOTICES
7927
Administrative Agency Law). The appeal should be sent to the Environmental Hearing Board, Second Floor, Rachel
Carson State Office Building, 400 Market Street, PO Box 8457, Harrisburg, PA 17105-8457, (717) 787-3483. TDD users
may contact the Board through the Pennsylvania Relay Service, (800) 654-5984. Appeals must be filed with the Board
within 30 days of publication of this notice in the Pennsylvania Bulletin unless the appropriate statute provides a
different time period. Copies of the appeal form and the Board’s rules of practice and procedure may be obtained from the
Board. The appeal form and the Board’s rules of practice and procedure are also available in Braille or on audiotape from
the Secretary to the Board at (717) 787-3483. This paragraph does not, in and of itself, create a right of appeal beyond
that permitted by applicable statutes and decisional law.
For individuals who wish to challenge an action, the appeal must reach the Board within 30 days. A lawyer is not
needed to file an appeal with the Board.
Important legal rights are at stake, however, so individuals should contact a lawyer at once. Persons who cannot afford
a lawyer may qualify for free pro bono representation. Call the Secretary to the Board at (717) 787-3483 for more
information.
I. NPDES Renewal Permit Actions
Northcentral Regional Office: Clean Water Program Manager, 208 W Third Street Suite 101, Williamsport, PA
17701-6448. Phone: 570.327.0530.
NPDES No.
Facility Name &
County &
Stream Name
EPA Waived
(Type)
Address
Municipality
(Watershed No.)
Y/N?
PA0007854
(Industrial)
PA0114553
(Sewage)
PA0024341
(Sewage)
PA0209724
(Sewage)
Northwest
NPDES No.
(Type)
Milton Filter Plant
702 S Front Street
Milton, PA 17847
Millheim Borough Council
Sewer System STP
645 Tattletown Road
Coburn, PA 16832
Canton Borough Authority
Sewer System
290 Montague Street
Canton, PA 17724
Lake Glory Campgrounds
96 Eisenhower Road
Catawissa, PA 17820-8624
Region: Clean Water Program Manager,
Facility Name &
Address
Northumberland
County
Milton Borough
West Branch
Susquehanna River
(10-D)
Y
Centre County
Penn Township
Elk Creek
(6-A)
Y
Bradford County
Canton Borough
Towanda Creek
(4-C)
Y
Columbia County
Cleveland Township
Roaring Creek
(5-E)
Y
230 Chestnut Street, Meadville, PA 16335-3481
County &
Stream Name
Municipality
(Watershed #)
EPA Waived
Y/N ?
PA0222313
(Sewage)
Gene P Kidder SFTF
PO Box 106
Sigel, PA 15860
Jefferson County
Barnett Township
Unnamed Tributary to
Cathers Run
(17-B)
Y
PA0239356
(Sewage)
Robert C. Montgomery SFTF
1042 Enterprise Road,
Grove City, PA 16127
Mercer County
Pine Township
Unnamed Tributary to
the Swamp Run
(20-C)
Y
II. New or Expanded Facility Permits, Renewal of Major Permits and EPA Nonwaived Permit Actions
Southeast Region: Clean Water Program Manager, 2 East Main Street, Norristown, PA 19401. Telephone 484-250-5970
NPDES Permit No. PA0052221, Industrial, Exelon Generation Company, LLC, Limerick Generation Station, 3146
Sanatoga Road, SSB 2-1, Pottstown, PA 19464.
This proposed facility is located in Bedminster Township, Bucks County.
Description of Proposed Action/Activity: Approval for the renewal of an NPDES permit to discharge treated industrial
waste from a facility known as Exelon Bradshaw Reservoir IWWTP to East Branch Perkiomen Creek in Watershed
3E—Perkiomen.
NPDES Permit No. PA0244686, Sewage, Roxanne M. Riley, 1021 Copeland School Road, West Chester, PA
19380-1829.
This proposed facility is located in Bradford Township, Chester County.
Description of Proposed Action/Activity: Approval for the Transfer of ownership of an NPDES permit to discharge
treated sewage from a facility known as Riley SRSTP to Broad Run in Watershed 3-H.
NPDES Permit No. PA0058785, Sewage, Mr. Gregory A. & Mrs. Marian B. Gans, 196 Springton Road, Glenmoore,
PA 19343-1162.
This proposed facility is located in Brandywine Township, Chester County.
Description of Proposed Action/Activity: Approval for the renewal of an NPDES permit to discharge treated sewage
from a facility known as Gans SRSTP to Culbertson Run in Watershed 3-H.
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NOTICES
NPDES Permit No. PA0244350, Sewage, James Alpha, 1650 Fels Road, Pennsburg, PA 18073.
This proposed facility is located in Milford Township, Bucks County.
Description of Proposed Action/Activity: Approval for the renewal of an NPDES permit to discharge treated sewage
from a facility known as Alpha SRSTP to Hazelbach Creek in Watershed 3-E.
NPDES Permit No. PA0051756, Sewage, State Farm Mutual Automobile Insurance Company, One State Farm
Drive, Concordville, PA 19331.
This proposed facility is located in Concord Township, Delaware County.
Description of Proposed Action/Activity: Approval for the renewal of an NPDES permit to discharge treated sewage
from a facility known as State Farm Automobile Insurance Company STP to Unnamed Tributary to West Branch of
Chester Creek in Watershed 3-G.
NPDES Permit No. PA0057827, Sewage, Robert P. Lopez, 508 Conestoga Road, Malvern, PA 19355.
This proposed facility is located in West Brandywine Township, Chester County.
Description of Proposed Action/Activity: Approval for the renewal and transfer of an NPDES permit to discharge
treated sewage from a facility known as Lopez SRSTP to Indian Run in Watershed 3-H.
NPDES Permit No. PA0020290, Sewage, Quakertown Borough, 35 North Third Street, Quakertown, PA
18951-1376.
This proposed facility is located in Quakertown Borough, Bucks County.
Description of Proposed Action/Activity: Approval for the renewal of an NPDES permit to discharge treated sewage
from a facility known as Quakertown Borough STP to Tohickon Creek in Watershed 2-D.
NPDES Permit No. PA0244473, Storm Water, Delaware Valley Concrete Co. Inc., 248 E. County Line Road,
Hatboro, PA 19040-2116.
This proposed facility is located in Kennett Square Borough, Chester County.
Description of Proposed Action/Activity: Approval for the renewal of an NPDES permit to discharge Stormwater run-off
from a facility known as Delaware Valley Concrete Kennett Square Facility to Unnamed Tributary of East Branch Red
Clay Creek in Watershed 3-I.
Northcentral Regional Office: Regional Clean Water Program Manager, 208 W Third Street Suite 101, Williamsport, PA
17701-6448. Phone: 570.327.0530.
NPDES Permit No. PA0232599, Industrial, SIC Code 4941, United Water PA, Inc., 4211 East Park Circle,
Harrisburg, PA 17111.
This proposed facility is located in the Town of Bloomsburg, Columbia County.
Description of Proposed Action/Activity: Issuance of an NPDES Permit for a new discharge of treated industrial
wastewater.
Northwest Region: Water Management Program Manager, 230 Chestnut Street, Meadville, PA 16335-3481
NPDES Permit No. PA0272825, Industrial Waste, SIC Code 9511, Slippery Rock Municipal Authority, 116
Crestview Road, Slippery Rock, PA 16057. Facility Name: Slippery Rock Borough WTP.
This proposed facility is located in Slippery Rock Township, Butler County.
Description of Proposed Activity: A new NPDES permit for an existing discharge of industrial wastewater associated
with the production of drinking water.
NPDES Permit No. PA0002666, SIC Code 2999, Sonneborn Inc., 100 Sonneborn Lane, Petrolia, PA 16050.
This existing facility is located in Fairview Township, Butler County.
Description of Existing Action/Activity: Issuance of an NPDES Permit for an existing discharge of treated industrial
waste, treated stormwater, and untreated stormwater from a producer of surface active agents. Total aluminum and total
iron concentration limits were added to the final issued permit.
III. WQM Industrial Waste and Sewerage Actions under The Clean Streams Law
Southeast Region: Clean Water Program Manager, 2 East Main Street, Norristown, PA 19401, 484.250.5900
WQM Permit No. 0904410, Sewage, Transfer, James Dawson, 1079 Old Bethlehem Road, Quakertown, PA 18951.
This proposed facility is located in Haycock Township, Bucks County.
Description of Action/Activity: Permit transferred from Tom Gibson to James Dawson.
Southcentral Region: Clean Water Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110. Phone: 717-705-4707.
WQM Permit No. WQG02361402, Sewerage, Suburban Lancaster Sewer Authority, PO Box 458, Lancaster, PA
17608.
This proposed facility is located in Pequea & West Lampeter Townships, Lancaster County.
Description of Proposed Action/Activity: Construction/Operation of the Willow Grove Sewer Extension and Pump
Station.
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
NOTICES
7929
Northcentral Regional Office: Regional Clean Water Program Manager, 208 W Third Street Suite 101, Williamsport, PA
17701-6448. Phone: 570.327.0530.
WQM Permit No. 1914201, Industrial Waste, SIC Code 4941, United Water PA, Inc., 4211 East Park Circle,
Harrisburg, PA 17111.
This proposed facility is located in Town of Bloomsburg, Columbia County.
Description of Proposed Action/Activity: Construction and operation of a new water treatment plant.
Southwest Regional Office: Regional Clean Water Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745.
Phone: 412.442.4000.
WQM Permit No. 0214403, Sewage, SIC Code 4952, Pittsburgh Parks Conservancy, 2000 Technology Drive, Suite
300, Pittsburgh, PA 15219.
This proposed facility is located in City of Pittsburgh, Allegheny County.
Description of Proposed Action/Activity: Construction of a sewage treatment plant and drip irrigation field to dispose of
sewage generated by the environmental education center at Frick Park.
WQM Permit No. 0290208 A-1, Industrial Waste, SIC Code 4111, Allegheny County Port Authority, 345 Sixth
Avenue, 3rd Floor, Pittsburgh, PA 15222-2527.
This existing facility is located in Collier Township, Allegheny County.
Description of Proposed Action/Activity: Approve the installation and operation of a VORTECHS Model 11000 grit
removal treatment unit.
WQM Permit No. 0293201 A-1, Industrial Waste, SIC Code 4111, Allegheny County Port Authority, 345 Sixth
Avenue, 3rd Floor, Pittsburgh, PA 15222-2527.
This existing facility is located in West Mifflin Borough, Allegheny County.
Description of Proposed Action/Activity: Application for the installation of a grit removal system for the treatment of
stormwater associated with industrial activity at Outfall 002.
VI. NPDES Discharges of Stormwater Associated with Construction Activities Individual Permit Actions
Northeast Region:
NPDES
Permit No.
PAI025214002
PAI025208008(1)
PAI024814006
Watershed Management Program Manager, 2 Public Square, Wilkes-Barre, PA 18701-1915.
Applicant Name &
Receiving
Address
County
Municipality
Water/Use
Dingmans Ferry DG, LLC
Pike
Delaware Township
Adams Creek (EV, MF),
361 Summit Blvd., Suite 110
Dingmans Creek
Birmingham, AL 35243
(HQ-CWF, MF)
Raymondskill Properties, LLC
Pike
Dingman Township
Raymondskill Creek
1875 Century Park East,
(HQ-CWF, MF)
Suite 1980
Los Angeles, CA 90067
Wagner Enterprises, LTD.
Northampton
City of Bethlehem
Saucon Creek
P. O. Box 3154
(HQ-CWF, MF)
Easton, PA 18043
PAI024510012(1)
CB H20
1 Camelback Road
Tannersville, PA 18372
Monroe
Pocono Township
Pocono Creek
(HQ-CWF, MF)
PAI024513001(3)
Kalahari Resorts, LLC
1305 Kalahari Drive,
P.O. Box 590
Wisconsin Dells, WI 53965
Monroe
Tobyhanna Township,
Pocono Township
Swiftwater Creek (EV)
Unnamed Tributaries to
Swiftwater Creek (EV)
Indian Run (EV)
PAI025413002
PAI023910005(2)
Pocono Manor Investors, PT-L1
P.O. Box 38
2 Oak Lane
Pocono Manor, PA 18349
RGC Development, LP
6866 Christphalt Drive
Bath, PA 18014
Cumberland Gardens/Housing
Partnership
One Brewery Park
1301 North 31st Street
Philadelphia, PA 19121-4495
Unnamed Tributaries to
Indian Run (EV)
Schuylkill
Tamaqua Borough
Owl Creek
(HQ-CWF, MF)
Lehigh
City of Allentown
Little Lehigh Creek
(HQ-CWF, MF)
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
7930
NOTICES
NPDES
Permit No.
PAI023914008
Applicant Name &
Address
Wedgewood Land, LP
c/o Mr. David Biddison
201 King of Prussia Road,
Suite 370
Radnor, PA 19087
County
Lehigh
Municipality
Upper Saucon
Township
Receiving
Water/Use
Unnamed Tributary to
Saucon Creek (CWF,
MF), EV Wetlands
Southcentral Region: Waterways & Wetlands Program, 909 Elmerton Avenue, Harrisburg, PA 17110, Nathan Crawford,
Section Chief, Telephone 717.705.4802.
Applicant Name &
Receiving
Permit #
Address
County
Municipality
Water/Use
PAI030614005
Issued
Lynette Gelsinger
102 Heidelberg Road
Wernersville, PA 19565
Berks
Heidelberg Township
Spring Creek
(CWF/MF)
EV Wetlands
PAI036713002
Denied
Pritz Auto Body
1243 Roosevelt Avenue
York, PA 17404
York
Springfield and
Shrewsbury Townships
Seaks Run
(HQ/CWF)
Northcentral Region: Waterways & Wetlands Program Manager, 208 West Third Street, Williamsport, PA 17701,
570.327.3574
Clinton County Conservation District: 45 Cooperation Lane, Mill Hall, PA 17751, (570) 726-3798
NPDES
Permit No.
PAI041814007
Applicant Name &
Address
Fox Hollow Construction LLC
46 Speed Ln
Mill Hall, PA 17751
Receiving
Water/Use
PAI041814009
J C Bar Properties
Jason Mitchell
415 Fallowfield Rd
Camp Hill, PA 17011
Lycoming County
NPDES
Permit No.
PAI044114002
Conservation District: 542 County Farm Road Suite 202, Montoursville, PA 17754, (570) 433-3003
Applicant Name &
Receiving
Address
County
Municipality
Water/Use
Edward Dunlap
Lycoming
Mifflin, Piatt & Porter Canoe Run
UGI Penn Natural Gas
Townships
EV
1 UGI Center
Nichols Run
Wilkes-Barre, PA 18711
HQ-CWF, MF
Nice Hollow
WWF
Stewards Run
WWF
WB Susquehanna River
WWF
County
Municipality
Clinton
Porter Township
Fishing Creek
HQ-CWF
Cedar Run
HQ-CWF
Clinton
City of Lock Haven
Bald Eagle Creek
CWF
VII. Approvals to Use NPDES and/or Other General Permits
The EPA Region III Administrator has waived the right to review or object to this permit action under the waiver
provision 40 CFR 123.23(d).
List of NPDES and/or Other General Permit Types
PAG-1
PAG-2
PAG-3
General Permit for Discharges From Stripper Oil Well Facilities
General Permit for Discharges of Stormwater Associated With Construction Activities
General Permit for Discharges of Stormwater From Industrial Activities
PAG-4
General Permit for Discharges From Small Flow Treatment Facilities
PAG-5
PAG-6
PAG-7
General Permit for Discharges From Gasoline Contaminated Ground Water Remediation Systems
General Permit for Wet Weather Overflow Discharges From Combined Sewer Systems (CSO)
General Permit for Beneficial Use of Exceptional Quality Sewage Sludge by Land Application
PAG-8
General Permit for Beneficial Use of Non-Exceptional Quality Sewage Sludge by Land Application to
Agricultural Land, Forest, a Public Contact Site or a Land Reclamation Site
Site Suitability Notice for Land Application Under Approved PAG-8 General Permit Coverage
PAG-8 (SSN)
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
NOTICES
PAG-9
7931
PAG-9 (SSN)
General Permit for Beneficial Use of Residential Septage by Land Application to Agricultural Land,
Forest, or a Land Reclamation Site
Site Suitability Notice for Land Application Under Approved PAG-9 General Permit Coverage
PAG-10
PAG-11
General Permit for Discharge Resulting from Hydrostatic Testing of Tanks and Pipelines
(To Be Announced)
PAG-12
PAG-13
PAG-14
Concentrated Animal Feeding Operations (CAFOs)
Stormwater Discharges from Municipal Separate Storm Sewer Systems (MS4)
(To Be Announced)
PAG-15
General Permit for Discharges From the Application of Pesticides
General Permit Type—PAG-02
Facility Location &
Municipality
Upper Makefield
Township
Bucks County
Applicant Name &
Address
Receiving
Water/Use
Contact Office &
Phone No.
PAG0200
0913062(1)
Zaveta Construction
Company, Inc.
4030 Skyron Drive
Doylestown, PA 18902
Pidcock Creek
WWF—MF
Southeast Regional Office
2 East Main Street
Norristown, PA 19401
484-250-5900
Quakertown
Borough
Bucks County
PAG0200
0913008
Quakertown Community
School District
600 Park Avenue
Quakertown, PA 18951
Beaver Run
TSF
Southeast Regional Office
2 East Main Street
Norristown, PA 19401
484-250-5900
Newtown Township
Bucks County
PAG0200
0914048
Gerbar, LLC
4829 E. Street Road
Trevose, PA 19053
Core Creek
CWF—MF
Southeast Regional Office
2 East Main Street
Norristown, PA 19401
484-250-5900
Falls Township
Bucks County
PAG0200
0910029R
Waste Management of
Delaware River
Pennsylvania, Inc.
WWF—MF
1000 New Ford Mill Road
Morrisville, PA 19067
Southeast Regional Office
2 East Main Street
Norristown, PA 19401
484-250-5900
Lower Southampton PAG0200
Township
0910066R(1)
Bucks County
County Builders, Inc.
76 Griffith Miles Circle
Warminster, PA 18974
Poquessing Creek
WWF
Southeast Regional Office
2 East Main Street
Norristown, PA 19401
484-250-5900
Tinicum Township
Delaware County
PAG0200
2314035
Tinicum Township
629 N. Governor Printz
Boulevard
Essington, PA 19029
Delaware Estuary
WWF
Southeast Regional Office
2 East Main Street
Norristown, PA 19401
484-250-5900
Lower Providence
PAG0200
Township
4614070
Montgomery County
North Grange, LLC
3481 Germantown Pike
Collegeville, PA 19426
Unnamed Tributary
to Skippack Creek
TSF
Southeast Regional Office
2 East Main Street
Norristown, PA 19401
484-250-5900
Whitpain Township PAG0200
Montgomery County 4612009R
OHB Homes, Inc.
3333 Street Road
Bensalem, PA 19020
Tributary to Stoney
Creek
TSF—MF
Southeast Regional Office
2 East Main Street
Norristown, PA 19401
484-250-5900
City of Philadelphia PAG0201
Philadelphia
511438
County
Mr. Samuel Blake
10 East Springfield
Avenue
Philadelphia, PA 19118
Temple University Health
System
3401 North Broad Street
Philadelphia, PA 19140
Wissahickon River
TSF
Southeast Regional Office
2 East Main Street
Norristown, PA 19401
484-250-5900
Southeast Regional Office
2 East Main Street
Norristown, PA 19401
484-250-5900
Permit No.
City of Philadelphia PAG0201
511401
Philadelphia
County
Delaware River
WWF—MF
Northeast Region: Watershed Management Program Manager, 2 Public Square, Wilkes-Barre, PA 18701-1915
Facility Location:
Municipality &
County
Pittston Township
& Pittston City
Luzerne County
Permit No.
PAG02004014019
Applicant Name &
Address
Receiving
Water/Use
Contact Office &
Phone No.
Stauffer Pointe, LLC
400 Third Avenue
Suite 117
Kingston, PA 18704
Susquehanna River
(WWF, MF)
Luzerne Conservation
District
570-674-7991
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
7932
Facility Location:
Municipality &
County
Upper Nazareth
Township &
Nazareth Borough
Northampton
County
NOTICES
Applicant Name &
Address
Receiving
Water/Use
Contact Office &
Phone No.
PAG0200481104R(1)
Susan Drabic
Morningstar Senior
Living, Inc.
175 West North Street
Nazareth, PA 18064
UNT to the
Shoeneck Creek
(WWF, MF)
Northampton County
Conservation District
610-746-1971
Williams Township
Northampton
County
PAG02004814016
Kenneth Sun
Jean Ardo-Sun
15 Mountain Lane
Easton, PA 18042
Delaware River
(WWF, MF)
Northampton County
Conservation District
610-746-1971
Gordon Borough &
Butler Township
Schuylkill County
PAG02005414008(1)
UGI Utilities, Inc.
ATTN: Michael Lantieri
1301 AIP Drive
Middletown, PA 17057
Little Mahanoy
Creek (CWF, MF)
and UNT to
Mahanoy Creek
(CWF, MF)
Schuylkill County
Conservation District
570-622-3742
Pine Grove
Township
Schuylkill County
PAG02005414003
Philip E. & Paula V. Riehl Swatara Creek
1830 Camp Swatara Road (CWF, MF)
Pine Grove, PA 17963
Permit No.
Schuylkill County
Conservation District
570-622-3742
Keystone Builders
252 E. Kercher Avenue
Lebanon, PA 17046
Delano Township
Schuylkill County
PAG02005407015RR
MBC Development, LP
P. O. Box 472
950 Main Street
Schuylkill Haven, PA
17972
Waterways & Wetlands Program, 909 Elmerton Avenue, Harrisburg,
717.705.4802
Facility Location:
Municipality &
Applicant Name &
County
Permit No.
Address
Straban Township
PAG02000114022
Paul M. Nolt
Adams County
Issued
3587 Old Harrisburg
Road
Gettysburg, PA 17325
North Mahanoy
Creek (CWF, MF)
Schuylkill County
Conservation District
570-622-3742
PA 17110-8200, Nathan Crawford, Section Chief,
Receiving
Water/Use
Contact Office &
Phone No.
Conewago Creek/
WWF
Adams County
Conservation District
670 Old Harrisburg Road
Suite 201
Gettysburg, PA 17325
717.334.0636
Union Township
Adams County
PAG02000114030
Issued
Columbia Gas of PA
1600 Colony Road
York, PA 17408
UNT to South
Branch Codorus
Creek/
WWF, MF
Adams County
Conservation District
670 Old Harrisburg Road
Suite 201
Gettysburg, PA 17325
717.334.0636
Straban Township
Adams County
PAG02000112024R
Issued
Adams County Industrial
Development Authority
1300 Proline Place
Gettysburg, PA 17325
UNT to Rock Creek/
WWF
Adams County
Conservation District
670 Old Harrisburg Road
Suite 201
Gettysburg, PA 17325
717.334.0636
Decatur Township
Mifflin County
PAG02004412003R
Issued
Groff Poultry Operation
135 Gerry Lane
Lewistown, PA 17044
Jack’s Creek/CWF
South Annville
Township
Lebanon County
PAG02003808031R
Issued
Michael D. Garman
Quittapahilla Creek
471 North Reading Street via Bachman Run/
Ephrata, PA 17522
TSF
Mifflin County
Conservation District
20 Windmill Hill #4
Burnham, PA 17009
717.248.4695 ext. 110
Lebanon County
Conservation District
2120 Cornwall Road
Suite 5
Lebanon, PA 17042
717.272.3908, ext 4
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
NOTICES
Facility Location:
Municipality &
County
South Londonderry
Township
Lebanon County
7933
Applicant Name &
Address
Receiving
Water/Use
Contact Office &
Phone No.
PAG02003814019
Issued
Don Lechleitner
1840 Fishburn Road
Hershey, PA 17033
UNT to Spring
Creek/WWF
Lebanon County
Conservation District
2120 Cornwall Road
Suite 5
Lebanon, PA 17042
717.272.3908, ext 4
South Londonderry
Township
Lebanon County
PAG02003814010
Issued
S. Gerald Musser
1310 Mount Pleasant
Road
Lebanon, PA 17042
UNT to Spring
Creek/WWF
Lebanon County
Conservation District
2120 Cornwall Road
Suite 5
Lebanon, PA 17042
717.272.3908, ext 4
South Londonderry
Township
Lebanon County
PAG02003814033
Issued
Willie Weiler
350 East Mill Avenue
Myerstown, PA 17067
UNT to Little
Conewago Creek/
TSF
Lebanon County
Conservation District
2120 Cornwall Road
Suite 5
Lebanon, PA 17042
717.272.3908, ext 4
Silver Spring
PAG02002114038
Township
Issued
Cumberland County
JJLH Associates, Ltd.
4437 Street Road
Trevose, PA 19053
Hogestown Run/
CWF
Cumberland County
Conservation District
310 Allen Road
Suite 301
Carlisle, PA 17013
717.240.5359
Silver Spring
PAG02002109007R
Township
Issued
Cumberland County
Midpenn Properties
4400 Deer Path Road
Harrisburg, PA 17110
Trindle Spring Run/
CWF
Cumberland County
Conservation District
310 Allen Road
Suite 301
Carlisle, PA 17013
717.240.5359
Silver Spring
PAG02002114039
Township
Issued
Cumberland County
Classic Communities
2151 Linglestown Road
Harrisburg, PA 17119
Hogestown Run/
CWF
Cumberland County
Conservation District
310 Allen Road
Suite 301
Carlisle, PA 17013
717.240.5359
North Newton
PAG02002114040
Township
Issued
Cumberland County
Aaron Fox
600 Oakville Road
Shippensburg, PA 17257
Conodoguinet Creek/ Cumberland County
WWF
Conservation District
310 Allen Road
Suite 301
Carlisle, PA 17013
717.240.5359
Upper Allen
PAG02002107050R
Township
Issued
Cumberland County
JIM JAM, LLC
311 Pennington Drive
Mechanicsburg, PA 17055
Yellow Breeches
Creek/CWF, MF
Cumberland County
Conservation District
310 Allen Road
Suite 301
Carlisle, PA 17013
717.240.7812
Delaware Township
Juniata County
PAG02003414007
Issued
Thompsontown
DPP X, LLC
9010 Overlook Boulevard
Brentwood, TN 37027
UNT to Juniata
River/WWF
Lack Township
Juniata County
PAG02003414008
Issued
Steven Zimmerman
Lick Run/CWF
375 Woodside Road
East Waterford, PA 17021
Juniata County
Conservation District
146 Stoney Creek Drive,
Suite 4
Mifflintown, PA 17059
717.436.8953 ext. 5
Juniata County
Conservation District
146 Stoney Creek Drive,
Suite 4
Mifflintown, PA 17059
717.436.8953 ext. 5
Permit No.
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
7934
Facility Location:
Municipality &
County
Bethel Township
Berks County
NOTICES
Permit No.
PAG02000614022
Issued
Applicant Name &
Address
Bethel Township
60 Klahr Road
Bethel, PA 19507
Receiving
Water/Use
Contact Office &
Phone No.
UNT Crosskill & L.
Swatara Creeks/
CWF
Berks County
Conservation District
1238 County Welfare
Road, Suite 200
Leesport, PA 19533-0520
610.372.4657
Lower Heidelberg
Township
Berks County
PAG02000614052
Issued
A J Giesa
93 East Penn Avenue
Wernersville, PA 19565
Cacoosing Creek/
CWF
Berks County
Conservation District
1238 County Welfare
Road, Suite 200
Leesport, PA 19533-0520
610.372.4657
Reading City
Berks County
PAG02000614059
Issued
HAR Associates, LP
726 Yorklynn Road
Suite 150
Hockessin, PA 19707
Schuylkill River/
WWF, MF
Berks County
Conservation District
1238 County Welfare
Road, Suite 200
Leesport, PA 19533-0520
610.372.4657
Northcentral Region: Waterways & Wetlands Program Manager, 208 West Third Street, Williamsport, PA 17701,
570.327.3636
Facility Location &
Applicant Name &
Receiving
Contact Office &
Municipality
Permit No.
Address
Water/Use
Phone No.
Union County
PAG02006014015
Jason Horowitz
Lower Penns Creek
Union County
Limestone
New Berlin DPP X LLC
CWF
Conservation District
Township
9010 Overlook Blvd
Union County Government
Brentwood, TN 37027
Center
155 N 15th St
Lewisburg, PA 17837
(570) 524-3860
Northwest Regional Office—Waterways and Wetlands, 230 Chestnut Street, Meadville PA 16335
Facility Location:
Municipality &
Applicant Name &
Receiving
Contact Office &
County
Permit No.
Address
Water/Use
Phone No.
Lawrence Park
PAG02002514028
Lawrence Park Township Lake Erie (Outer
Erie County
Township
4230 Iroquois Drive
Erie Harbor) WWF
Conservation District
Erie County
Erie, PA 16511
814-825-6403
Young Township
and Punxsutawney
Borough
PAG02003312005R
H&B Development LLC
142 Universal Drive
Punxsutawney, PA
15767-7940
Mahoning Creek
WWF
Jefferson County
Conservation District
814-849-7463
Archbald Borough
Lackawanna
County
PAG02-1135-14-001
PA DEP
Bureau of Abandoned
Mine Reclamation
2 Public Square
Fifth Floor
Wilkes-Barre, PA
18701-0790
Susquehanna River
(CWF)
PA DEP
Bureau of Abandoned
Mine Reclamation
2 Public Square
Fifth Floor
Wilkes-Barre, PA
18701-0790
(570) 826-2371
Applicant Name &
Address
Receiving
Water/Use
Schuylkill River—
3-F
Contact Office &
Phone No.
Southeast Region
Clean Water Program
484.250.5970
Schuylkill River—
3-F
Southeast Region
Clean Water Program
484.250.5970
General Permit Type—PAG-03
Facility Location
Municipality &
County
Philadelphia City
Philadelphia
County
Philadelphia City
Philadelphia
County
Permit No.
PAG030014
Big Head Auto Salvage
3511 S. 61st Street
Philadelphia, PA 19153
PAR600085
Steve’s Auto Parts II
3331 South 61st Street
Philadelphia, PA 19153
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
NOTICES
Facility Location
Municipality &
County
Wilkes-Barre City
Luzerne County
Permit No.
PAR122205
Applicant Name &
Address
The Lion Brewery, Inc.
700 N. Pennsylvania
Avenue
Wilkes-Barre, PA 18705
7935
Receiving
Water/Use
Contact Office &
Phone No.
Unnamed Tributary
to Laurel Run—5-B
CWF/MF
DEP Northeast Regional
Office
Clean Water Program
2 Public Square,
Wilkes-Barre, PA
18701-1915
570.826.2511
UNT to Jacks Creek DEP—SCRO—
Clean Water Program
(Outfalls 003, 005
909 Elmerton Avenue
and 006), UNT to
Kishacoquillas Creek Harrisburg, PA 17110
717-705-4707
(Outfalls 001, 002,
and 004)/TSF & MF
UNT to Donegal
DEP—SCRO—
Creek/CWF & MF
Clean Water Program
909 Elmerton Avenue
Harrisburg, PA 17110
717-705-4707
Mifflin County
Derry Township
PAR503503
Mifflin County Solid
Waste Authority (Closed
Barner #3 Landfill and
the Barner Site Transfer
Station)
Lancaster County
Mount Joy
Township
PAG033511
Greiner Industries
1650 Steel Way
Mount Joy, PA 17552
Berks County
Reading City
PAG033512
ABF Freight System,
Inc.—ABF Terminal 241
3801 Old Greenwood
Road,
PO Box 10048
Ft. Smith, AR 72903
UNT Schuylkill
River/WWF & MF
DEP—SCRO—
Clean Water Program
909 Elmerton Avenue
Harrisburg, PA 17110
717-705-4707
Lancaster County
East Hempfield
Township
PAG033513
ABF Freight System,
Inc.—ABF Terminal 269
3801 Greenwood Road,
PO Box 10048
Fort Smith, AR 72903
Brubaker Run/WWF
& MF
DEP—SCRO—
Clean Water Program
909 Elmerton Avenue
Harrisburg, PA 17110
717-705-4707
Blair County
PAG033514
Allegheny Township
ABF Freight System,
Inc.—ABF Freight 263
3801 Greenwood Road,
PO Box 10048
Fort Smith, AR 72903
UNT Blair Gap
Run/CWF & MF
DEP—SCRO—
Clean Water Program
909 Elmerton Avenue
Harrisburg, PA 17110
717-705-4707
Dubois City
Clearfield County
(Industrial
Stormwater)
ABF Freight System Inc.
3801 Old Greenwood
Road
P.O. Box 10048
Fort Smith, AR
72903-5937
Pentz Run—17-C
DEP Northcentral
Regional Office
Clean Water Program
208 W Third Street
Suite 101,
Williamsport, PA
17701-6448
570.327.0530
North East Borough PAG038318
Erie County
Bay Valley Foods LLC
2021 Spring Road,
Oak Brook, IL 60523
Municipal storm
sewer to Sixteenmile
Creek
15
DEP
NWRO
Clean Water Program
230 Chestnut Street
Meadville, PA 16335-3481
814/332-6942
Grove City Borough PAG038314
Mercer County
Reed Oil Company
511 Montgomery Avenue
New Castle, PA 16102
Unnamed Tributary
to the Wolf Creek
20-C
DEP
NWRO
Clean Water Program
230 Chestnut Street
Meadville, PA 16335-3481
814/332-6942
PAG034814
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
7936
NOTICES
General Permit Type—PAG-4
Facility Location
Municipality &
County
Permit No.
Haycock Township
Bucks County
PAG040023 A-1
Applicant Name &
Address
Receiving
Water/Use
Contact Office &
Phone No.
Dawson James
Unnamed Tributary
1079 Old Bethlehem Road to Dimple
Quakertown, PA 18951
Creek—2-D
DEP Southeast
Regional Office
Clean Water Program
2 E Main Street,
Norristown, PA 19401
484.250.5970
Applicant Name &
Address
Receiving
Water/Use
Contact Office &
Phone No.
PAG136131
Findlay Township
1271 State Route 30
PO Box W
Clinton, PA 15026
McClarens Run,
Montour Run, North
Fork Montour Run
and South Fork
Montour Run
20-G
DEP Southwest
Regional Office
Clean Water Program
400 Waterfront Drive,
Pittsburgh, PA 15222-4745
412.442.4000
Robinson Township
Storm Sewer
System
Allegheny County
PAG136161
Robinson Township
1000 Church Hill Road
Pittsburgh, PA 15205
Montour Run, Moon
Run, Unnamed
Tributary of
Chartiers Creek and
Campbells Run
20-F and 20-G
DEP Southwest
Regional Office
Clean Water Program
400 Waterfront Drive,
Pittsburgh, PA 15222-4745
412.442.4000
Whitaker Borough
Allegheny County
PAG136278
Whitaker Borough
1001 Ardmore Boulevard
Suite 100
Pittsburgh, PA 15221
Monongahela River
19-A
DEP Southwest
Regional Office
Clean Water Program
400 Waterfront Drive,
Pittsburgh, PA 15222-4745
412.442.4000
South Park
Township Storm
Sewer System
Allegheny County
PAG136291
South Park Township
2675 Brownsville Road
South Park Township, PA
15129
Lick Run, Piney
Fork, Sleepy Hollow
Run and Unnamed
Tributary to Catfish
Run
19-C
DEP Southwest
Regional Office
Clean Water Program
400 Waterfront Drive,
Pittsburgh, PA 15222-4745
412.442.4000
South Fayette
Township Storm
Sewer System
Allegheny County
PAG136282
South Fayette Township
515 Millers Run Road
Morgan, PA 15064
Coal Run, Millers
Run, Robinson Run
and Thoms Run
20-F
Glassport Borough
Allegheny County
PAG136312
Borough of Glassport
440 Monongahela Road
Glassport, PA 15045
Monongahela River
19-C
DEP Southwest
Regional Office
Clean Water Program
400 Waterfront Drive,
Pittsburgh, PA 15222-4745
412.442.4000
DEP Southwest
Regional Office
Clean Water Program
400 Waterfront Drive,
Pittsburgh, PA 15222-4745
412.442.4000
General Permit Type—MS4 PAG13
Facility Location
Municipality &
County
Findlay Township
Storm Sewer
System
Allegheny County
Permit No.
STATE CONSERVATION COMMISSION
NUTRIENT MANAGEMENT PLANS RELATED TO APPLICATIONS FOR NPDES
PERMITS FOR CAFOs
The State Conservation Commission has taken the following actions on previously received applications for nutrient
management plans under 3 Pa.C.S. Chapter 5, for agricultural operations that have or anticipate submitting applications
for new, amended or renewed NPDES permits or NOIs for coverage under a general permit for CAFOs under 25 Pa. Code
Chapter 92a. This notice is provided in accordance with 25 Pa. Code Chapter 92a and 40 CFR Part 122, implementing
The Clean Streams Law and the Federal Clean Water Act.
Persons aggrieved by an action may appeal under 3 Pa.C.S. § 517, section 4 of the Environmental Hearing Board Act
and 2 Pa.C.S. §§ 501—508 and 701—704 to the Environmental Hearing Board, Second Floor, Rachel Carson State Office
Building, 400 Market Street, P. O. Box 8457, Harrisburg, PA 17105-8457, (717) 787-3483. TDD users should contact the
Environmental Hearing Board (Board) through the Pennsylvania AT&T Relay Service at (800) 654-5984. Appeals must be
filed with the Board within 30 days of publication of this notice in the Pennsylvania Bulletin. Copies of the appeal form
and the Board’s rules of practice and procedure may be obtained from the Board. The appeal form and the Board’s rules
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
NOTICES
7937
of practice and procedure are also available in Braille or on audiotape from the Secretary of the Board at (717) 787-3483.
This paragraph does not, in and of itself, create a right of appeal beyond that permitted by applicable statutes and
decision law.
For individuals who wish to challenge actions, appeals must reach the Board within 30 days. A lawyer is not needed to
file an appeal with the Board.
Important legal rights are at stake, however, so individuals should show this notice to a lawyer at once. Persons who
cannot afford a lawyer may qualify for pro bono representation. Call the Secretary of the Board at (717) 787-3483 for
more information.
NUTRIENT MANAGEMENT PLAN
PUBLIC NOTICE SPREADSHEET—ACTIONS
Agricultural Operation
Name and Address
Anthony Oberholtzer
1500 Pine Grove Road
Bethel, PA 19507
David & Cathy Reifsneider
2569 New Bridgeville Road
Felton, PA 17322
Leon Zimmerman
2011 Maytown Road
Elizabethtown, PA 17022
Rohrer Farms LLC
750 Doe Run Road
Lititz, PA 17543
Doug Wolgemuth
2914 Orchard Road
Mount Joy, PA 17552
Geoffrey Rohrer
3392 Blue Rock Road
Lancaster, PA 17603
Keystone Dairy Ventures,
LLC
324 Balance Meeting Road
Peach Bottom, PA 17563
Zartman Farms LLC
Thomas Zartman
820 Hilltop Rd.
Ephrata, PA 17522
Special Protection
Waters
(HQ or EV or NA)
Approved or
Disapproved
Poultry—
Broilers
NA
Approved
366.67
Broiler
NA
Approved
222.6
1,209.47
Steer/
Swine/
Pullets
NA
A
Lancaster
326.4
1,841.54
Swine/
Pullets
NA
A
Lancaster
938.7
1,229.05
Swine/
Poultry
NA
A
Lancaster
868.6
1,144.36
Dairy/
Broiler
NA
A
Lancaster
655.3
1,408.5
Dairy
HQ
A
Lancaster
600
620.25
Swine
NA
A
County
Total
Acres
AEU’s
Berks
210
379.17
York
13.1
Lancaster
PUBLIC WATER SUPPLY PERMITS
The Department has taken the following actions on
applications received under the Pennsylvania Safe Drinking Water Act (35 P. S. §§ 721.1—721.17) for the construction, substantial modification or operation of a public
water system.
Persons aggrieved by an action may appeal that action
to the Environmental Hearing Board (Board) under section 4 of the Environmental Hearing Board Act and 2
Pa.C.S. §§ 501—508 and 701—704. The appeal should be
sent to the Environmental Hearing Board, Second Floor,
Rachel Carson State Office Building, 400 Market Street,
PO Box 8457, Harrisburg, PA 17105-8457, (717) 787-3483.
TDD users may contact the Board through the Pennsylvania Relay Service, (800) 654-5984. Appeals must be filed
with the Board within 30 days of publication of this
notice in the Pennsylvania Bulletin unless the appropriate statute provides a different time period. Copies of the
appeal form and the Board’s rules of practice and procedure may be obtained from the Board. The appeal form
and the Board’s rules of practice and procedure are also
available in Braille or on audiotape from the Secretary to
the Board at (717) 787-3483. This paragraph does not, in
Animal
Type
and of itself, create a right of appeal beyond that
permitted by applicable statutes and decisional law.
For individuals who wish to challenge an action, the
appeal must reach the Board within 30 days. A lawyer is
not needed to file an appeal with the Board.
Important legal rights are at stake, however, so individuals should show this document to a lawyer at once.
Persons who cannot afford a lawyer may qualify for free
pro bono representation. Call the Secretary to the Board
at (717) 787-3483 for more information.
SAFE DRINKING WATER
Actions taken under the Pennsylvania Safe Drinking Water Act
Southeast Region: Water Supply Management Program
Manager, 2 East Main Street, Norristown, PA 19401
Permit No. 4614520, Minor Amendment. Public
Water Supply.
Applicant
North Penn Water Authority
300 Forty Foot Road
Lansdale, PA 19446
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
7938
NOTICES
Borough
County
Lansdale
Montgomery
Type of Facility
Consulting Engineer
PWS
Entech Engineering, Inc.
4 South Fourth Street
P.O. Box 32
Reading, PA 19603-0032
November 18, 2014
Permit to Construct
Issued
Permit No. 0914512, Minor Amendment. Public
Water Supply.
Applicant
Doylestown Township
Municipal Authority
425 Wells Road
Doylestown, PA 18901-2717
Township
County
Type of Facility
Doylestown
Bucks
PWS
Consulting Engineer
SC Engineers, Inc.
P.O. Box 407
Fort Washington, PA 19034
November 5, 2014
Permit to Operate
Issued
Permit No. 1514530, Minor Amendment. Public
Water Supply.
Applicant
Chester Water Authority
415 Welsh Street
P.O. Box 467
Chester, PA 19016
Township
East Nottingham
County
Chester
Type of Facility
PWS
Consulting Engineer
Chester Water Authority
415 Welsh Street
P.O. Box 467
Chester, PA 19016
Permit to Construct
November 18, 2014
Issued
Permit No.0914517, Minor Amendment. Public Water Supply.
Applicant
Bucks Run Apartments
813 Manor Drive
Dublin, PA 18917
Borough
County
Dublin
Bucks
Type of Facility
Consulting Engineer
PWS
Cowan Associates, Inc.
120 Penn-Am Drive
P.O. Box 949
Quakertown, PA 18951
November 3, 2014
Permit to Construct
Issued
Northeast Region: Safe Drinking Water Program Manager, 2 Public Square, Wilkes-Barre, PA 18701-1915
Permit No. 4514504 Major Amendment, Public Water Supply.
Applicant
PA American Water
800 W. Hershey Park Drive
Hershey, PA. 17033
[Borough or Township] Middle Smithfield Township
County
Type of Facility
Monroe
PWS
Consulting Engineer
Mr. Francis Mark Voyack, PE
Quad Three Group, Inc
37 North Washington Street
Wilkes-Barre, PA 18701
December 1, 2014
Permit to Construct
Issued
Permit No. 4590507-T2, Public Water Supply.
Applicant
Pocono Boulevard, LLC
P.O. Box 298
New York, NY 10101
[Borough or Township] Coolbaugh Township
County
Monroe
Type of Facility
PWS
Consulting Engineer
Brick Linder, PE
Linder Engineering, Inc.
2603 Route 390
Canadensis, PA 18235
Permit to Construct
December 3, 2014
Issued
Southcentral Region: Safe Drinking Water Program
Manager, 909 Elmerton Avenue, Harrisburg, PA 17110
Operation Permit No. 3113501 MA issued to:
Orbisonia-Rockhill Joint Municipal Authority (PWS
ID No. 4310025), Cromwell Township, Huntingdon
County on 12/4/2014 for facilities approved under Construction Permit No. 3113501 MA.
Comprehensive Operation Permit No. 7010038 issued to: The York Water Company (PWS ID No.
7010038), Cumberland Township, Adams County on
12/2/2014 for the operation of facilities at Western Cumberland Water System submitted under Application No.
7010038.
Transferred Comprehensive Operation Permit No.
7010044 issued to: The York Water Company (PWS ID
No. 7010044), Cumberland Township, Adams County on
12/4/2014. Action is for a Change in Ownership for
Eastern Cumberland Water System, Adams County for
the operation of facilities previously issued to Meadows
Property Owners Association.
Northcentral Region: Safe Drinking Water Program
Manager, 208 West Third Street, Suite 101, Williamsport,
PA 17701-6448.
Permit No. 0814501—Construction—Public Water
Supply.
Applicant
Bradford County Manor
Water System
Township/Borough
West Burlington Township
County
Bradford
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
NOTICES
Responsible Official
Mr. Larry Bellinger
Bradford County Manor
15900 Route 6
Troy, PA 16947
Type of Facility
Public Water Supply
Consulting Engineer
Timothy Steed, P.E.
Hunt-EAS
1 Elizabeth Street, Suite 12
Towanda, PA 18848
Permit Issued
December 5, 2014
Description of Action
Development of the Replacement
Well as a new source of supply
and abandonment of the 1947
Well. New source treatment will
be via the existing treatment
facilities. In conjunction with
issuance of an operation permit
for the Replacement Well, the
permit for the 1947 Well will be
cancelled.
Northwest Region: Safe Drinking Water Program Manager, 230 Chestnut Street, Meadville, PA 16335-3481
Emergency Operation Permit issued to Fox Township (Toby Water), PWSID #6240008, Fox Township,
Elk County on November 25, 2014. This permit is issued
for the use of the proposed temporary booster chlorination
trailer.
Operation Permit issued to Niki, Inc., PWSID No.
6160831, Salem Township, Clarion County. Permit
Number 1614502 issued November 21, 2014 for the
operation of 4-Log treatment of viruses for Entry Point
100. This action is taken under the requirements of the
Groundwater Rule.
Operation Permit issued to Slippery Rock Associates, PWSID No. 5100071, Brady Township, Butler
County. Permit Number 1013504-MA1 issued December
2, 2014 for the operation of the Maple Manor Mobile
Home Park. This permit is issued in response to an
operation inspection conducted by the Department of
Environmental Protection personnel on November 14,
2014.
Operation Permit issued to John W. Bauer, Jr. and
Erin A. Bauer, PWSID No. 5100450, Clearfield Township, Butler County. Permit Number 1014504 issued
December 5, 2014 for the operation of the County Line
Tavern water treatment upgrades. This permit is issued
in response to an operation inspection conducted by the
Department of Environmental Protection personnel on
December 3, 2014.
SEWAGE FACILITIES ACT PLAN APPROVAL
Plan Approvals Granted Under the Pennsylvania
Sewage Facilities Act (35 P. S. § 750.5)
Southcentral Region: Clean Water Program Manager,
909 Elmerton Avenue, Harrisburg, PA 17110. 717-7054707.
Plan Location:
Borough or
Borough or Township
Township
Address
County
Exeter Township 4975 DeMoss Road,
Berks
Reading, PA 19606
Plan Description: The approved plan provides for the
direct replacement of the trunk sewers in the Schuylkill
River, Heisters Creek and Antietam Creek Drainage
7939
Areas. Also, the implementation of a township-wide Sewage Management Plan with the inclusion of the Glen Oley
Farms area as a future public sewer service area. The
Department’s review of the sewage facilities update revision has not identified any significant environmental
impacts resulting from this proposal. Any required
NPDES Permits or WQM Permits must be obtained in
the name of the municipality or authority as appropriate.
SEWAGE FACILITIES ACT PLAN DISAPPROVAL
Plan Approvals Granted Under the Pennsylvania
Sewage Facilities Act
Southcentral Region: Clean Water Program Manager,
909 Elmerton Avenue, Harrisburg, PA 17110. 717-7054707.
Plan Location:
Borough or
Borough or Township
Township
Address
County
Penn Township
100 Municipal Building Perry
Rd, Duncannon, PA
17020
Plan Description: The Request for Planning Exemption
for Robert D. Kerlin, DEP Code No. A3-50921-176-3E,
APS Id 858704, consisting of an existing commercial
building with flows of 150 gallons per day to be connected
to Penn Township Municipal Authority sewers, is disapproved. The proposed development is located on State
Road. This plan is disapproved because the submission
does not qualify as an exemption from the requirement to
revise the Official Plan because the proposal is not for
new land development as per Chapter 71, Section
71.51(b).
Plan Location:
Borough or
Borough or Township
Township
Address
County
Fayette Township 181 Bunkertown Rd,
Juniata
McAlisterville, PA
17049
Plan Description: The Request for Planning Exemption
for Scot A. Goodling, DEP Code No. A3-34903-216-2E,
APS Id 858415, consisting of 3 new single family residential lots using individual onlot sewage disposal systems, is
disapproved. The proposed development is located on
Cuba Mills Road. This plan is disapproved because the
submission does not qualify as an exception to the
requirement to revise your Official Sewage Facilities Plan
because the subdivision proposes the use of onlot sewage
disposal systems in an area within 1/4 mile of water
supplies documented to exceed 5 PPM nitrate-nitrogen as
per Chapter 71, Section 71.55(a)(2) and Chapter 71,
Section 71.62(c)(2)(iii), and Fayette Township’s approved
Official Plan. A Component 2 planning module with a
preliminary hydrogeologic evaluation must be completed.
LAND RECYCLING AND
ENVIRONMENTAL REMEDIATION
UNDER ACT 2, 1995
PREAMBLE 2
The following plans and reports were submitted
under the Land Recycling and Environmental
Remediation Standards Act (35 P. S. §§ 6026.101—
6026.907).
Provisions of Sections 301—308 of the Land Recycling
and Environmental Remediation Standards Act (act) (35
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
7940
NOTICES
P. S. §§ 6026.301—6026.308) require the Department to
publish in the Pennsylvania Bulletin a notice of submission of plans and reports. A final report is submitted to
document cleanup of a release of a regulated substance at
a site to one of the act’s remediation standards. A final
report provides a description of the site investigation to
characterize the nature and extent of contaminants in
environmental media, the basis for selecting the environmental media of concern, documentation supporting the
selection of residential or nonresidential exposure factors,
a description of the remediation performed and summaries of sampling analytical results which demonstrate
that remediation has attained the cleanup standard selected. Submission of plans and reports, other than the
final report, will also be published in the Pennsylvania
Bulletin. These include the remedial investigation report,
risk assessment report and cleanup plan for a site-specific
standard remediation. A remedial investigation report
includes conclusions from the site investigation; concentration of regulated substances in environmental media;
benefits of reuse of the property; and, in some circumstances, a fate and transport analysis. If required, a risk
assessment report describes potential adverse effects
caused by the presence of regulated substances. If required, a cleanup plan evaluates the abilities of potential
remedies to achieve remedy requirements.
For further information concerning plans or reports,
contact the environmental cleanup program manager in
the Department regional office under which the notice of
receipt of plans or reports appears. If information concerning plans or reports is required in an alternative
form, contact the community relations coordinator at the
appropriate regional office. TDD users may telephone the
Department through the AT&T Relay Service at (800)
654-5984.
The Department has received the following plans and
reports:
Northcentral Region: Environmental Cleanup & Brownfields Program Manager, 208 West Third Street, Williamsport, PA 17701
Cargill Animal Nutrition-Winfield, 70 Agway Lane,
Union Township, Union County. Northridge Group, Inc.,
P.O. Box 231, Northumberland, PA 17857 on behalf of
Willis Z. Wenger, 298 South 2nd Street, Womelsdorf, PA
19567 has submitted a Final Report concerning remediation of site soils contaminated with Benzene, Anthracene,
Benzo(a)anthracene, Benzo(a)pyrene, Naphthalene,
Benzo(b)flouranthene, Benzo(g,h,i) perylene, Chrysene,
Flourene, Phenanthrene, Pyrene. The report is intended
to document remediation of the site to meet the Statewide
Health Standard.
Northeast Region: Eric Supey, Environmental Cleanup
and Brownfields Program Manager, 2 Public Square,
Wilkes-Barre, PA 18701-1915.
Bethlehem Commerce Center—Lot 84, 1019
Gilchrist Drive, Bethlehem City, Northampton County,
James Koval, HDR Engineering Inc., 1720 Spillman
Drive, Suite 280, Bethlehem, PA 18015, has submitted a
Remedial Investigation Report and Cleanup Plan on
behalf of his client, Lehigh Valley Industrial Park Inc.,
1720 Spillman Drive, Suite 150, Bethlehem, PA 180152164, concerning the remediation of soil found to have
been impacted by undetermined substances as a result of
historical manufacturing operations at the site. The applicant proposes to remediate the site to meet the Site
Specific Standard for soil. A summary of the Remedial
Investigation Report and Cleanup Plan was published in
The Morning Call on November 15, 2014.
Southcentral Region: Environmental Cleanup and
Brownfields Program Manager, 909 Elmerton Avenue,
Harrisburg, PA 17110. Phone 717.705.4705.
Barrick & Stewart Milk Hauling Diesel Fuel Release, 4260 and 4290 Big Spring Road, New
Germantown, PA 17071, Toboyne Township, Perry
County. Crawford Environmental Services, 100 East
Benjamin Franklin Highway, Birdsboro, PA 19508, on
behalf of Barrick & Stewart Milk Hauling, 445 Whisky
Run Road, Newville, PA 17241; Steve Berry, 4260 Big
Spring Road, New Germantown, PA 17071; and Tom and
Joann Brill, 1408 Trout Run Road, Mount Joy, PA 17552,
submitted a Final Report concerning remediation of site
soils contaminated with diesel fuel released in a vehicle
accident. The report is intended to document remediation
of the site to meet the Residential Statewide Health
Standard.
Pennsylvania Department of Transportation York
County Maintenance Facility, Manchester Township,
York County. Leidos Engineering, LLC, 180 Gordon
Drive, Suite 109, Exton, PA 19341 on behalf of Pennsylvania Department of Transportation, 400 North Street, 6th
Floor, Harrisburg, PA 17120-0094, submitted a combined
Remedial Investigation and Final Report concerning
remediation of site soils and groundwater contaminated
with petroleum hydrocarbons. The report is intended to
document remediation of the site to meet the Site Specific
Standard.
Southwest Region: Environmental Cleanup & Brownfield Development Program Manager, 400 Waterfront
Drive, Pittsburgh, PA 15222-4745
Helen Bukovac #4 Well Site, 760 Little Summit Road
Extension, Dunbar Township, Fayette County. Groundwater & Environmental Services, Inc., 301 Commerce
Park Drive, Cranberry Township, PA 16066 on behalf of
XTO Energy Inc., 395 Airport Road, Indiana, PA 15701
has submitted a Final Report to demonstrate attainment
of a combination of residential Statewide Health and Site
Specific Standards concerning site soils contaminated
with aluminum, antimony, arsenic, barium, beryllium
boron, cadmium chromium, cobalt, copper, iron lead,
manganese, mercury, nickel, selenium, silver, thallium,
vanadium, zinc and chloride. Notice of the Final Report
was published in the Daily Courier on July 15, 2014.
Donaldson’s Square (former auto repair/gasoline
station), 3855 Washington Road, Peters Township,
Washington County. Penn Environmental & Remediation, Inc., 111 Ryan Court, Pittsburgh, PA 15205 on behalf
of Crossroads Acquisitions, LLC., 451 Parker Drive, Pittsburgh, PA 15216 has submitted a Final Report concerning
the remediation of site soil contaminated with volatile
organic compounds. The final report is intended to document remediation of the site to meet the Statewide
Health standard. Notice of the final report was published
in the Pittsburgh Post-Gazette on November 17, 2014.
Aspinwall Waterworks Site, Waterworks Drive and
River Avenue, Borough of Aspinwall, Allegheny County.
Tetra Tech, Inc., 661 Andersen Drive, Pittsburgh, PA
15215 on behalf of the Borough of Aspinwall, 217 Commercial Ave., Aspinwall, PA 15220 has submitted a Final
Report concerning site soils and groundwater contaminated with volatile/semi-volatile organic compounds
(VOC’s and SVOC’s) and metals. The report is intended to
document remediation of the site to meet the site Specific
standard. Notice of the Final Report was published in the
Tribune Review on October 22, 2014.
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
NOTICES
LAND RECYCLING AND
ENVIRONMENTAL REMEDIATION
UNDER ACT 2, 1995
PREAMBLE 3
The Department has taken action on the following
plans and reports under the Land Recycling and
Environmental Remediation Standards Act (35
P. S. §§ 6026.101—6026.907).
Section 250.8 of 25 Pa. Code and administration of the
Land Recycling and Environmental Remediation Standards Act (act) require the Department to publish in the
Pennsylvania Bulletin a notice of its final actions on plans
and reports. A final report is submitted to document
cleanup of a release of a regulated substance at a site to
one of the remediation standards of the act. A final report
provides a description of the site investigation to characterize the nature and extent of contaminants in environmental media, the basis of selecting the environmental
media of concern, documentation supporting the selection
of residential or nonresidential exposure factors, a description of the remediation performed and summaries of
sampling methodology and analytical results which demonstrate that the remediation has attained the cleanup
standard selected. Plans and reports required by the act
for compliance with selection of remediation to a sitespecific standard, in addition to a final report, include a
remedial investigation report, risk assessment report and
cleanup plan. A remedial investigation report includes
conclusions from the site investigation; concentration of
regulated substances in environmental media; benefits of
reuse of the property; and, in some circumstances, a fate
and transport analysis. If required, a risk assessment
report describes potential adverse effects caused by the
presence of regulated substances. If required, a cleanup
plan evaluates the abilities of potential remedies to
achieve remedy requirements. A work plan for conducting
a baseline remedial investigation is required by the act
for compliance with selection of a special industrial area
remediation. The baseline remedial investigation, based
on the work plan, is compiled into the baseline environmental report to establish a reference point to show
existing contamination, describe proposed remediation to
be done and include a description of existing or potential
public benefits of the use or reuse of the property. The
Department may approve or disapprove plans and reports
submitted. This notice provides the Department’s decision
and, if relevant, the basis for disapproval.
For further information concerning the plans and reports, contact the environmental cleanup program manager in the Department regional office under which the
notice of the plan or report appears. If information
concerning a final report is required in an alternative
form, contact the community relations coordinator at the
appropriate regional office. TDD users may telephone the
Department through the AT&T Relay Service at (800)
654-5984.
The Department has received the following plans and
reports:
Northcentral Region: Environmental Cleanup & Brownfields Program Manager, 208 West Third Street, Williamsport, PA 17701
Cargill Animal Nutrition, 70 Agway Lane, Union
Township, Union County. Northridge Group, Inc., P.O.
Box 231, Northumberland, PA 17857, on behalf of Willis
7941
Z. Wenger, 298 South 2nd Street, Womelsdorf, PA 19567
has submitted a Final Report concerning the remediation
of site soils contaminated with Benzene, Anthracene,
Benzo(a)anthracene, Benzo(a)pyrene, Naphthalene,
Benzo(b)flouranthene, Benzo(g,h,i)perylene, Chrysene,
Flourene, Phenanthrene, Pyrene. The Final Report demonstrated attainment of the Statewide Health Standard,
and was approved by the Department on September 5,
2014.
Northeast Region: Eric Supey, Environmental Cleanup
and Brownfields Program Manager, 2 Public Square,
Wilkes-Barre, PA 18701-1915.
Bethlehem Commerce Center—Lot 84, 1019
Gilchrist Drive, Bethlehem City, Northampton County,
James Koval, HDR Engineering Inc., 1720 Spillman
Drive, Suite 280, Bethlehem, PA 18015, has submitted a
Remedial Investigation Report and Cleanup Plan on
behalf of his client, Lehigh Valley Industrial Park Inc.,
1720 Spillman Drive, Suite 150, Bethlehem, PA 180152164, concerning the remediation of soil found to have
been impacted by undetermined substances as a result of
historical manufacturing operations at the site. The applicant proposes to remediate the site to meet the Site
Specific Standard for soil. The report was approved on
December 4, 2014.
Southcentral Region: Environmental Cleanup and
Brownfields Program Manager, 909 Elmerton Avenue,
Harrisburg, PA 17110. Phone 717.705.4705.
62 School Lane Property, Reading, PA 19606, Oley
Township, Berks County. Liberty Environmental, Inc.,
50 North 5th Street, 5th Floor, Reading, PA 19601, on
behalf of Nation Star Mortgage, REO Department, 350
Highland Drive, Lewisville, TX 75067, submitted a Final
Report concerning remediation of site soils contaminated
with No. 2 fuel oil. The Final Report demonstrated
attainment of the Residential Statewide Health Standard,
and was approved by the Department on December 1,
2014.
Pennsylvania Department of Transportation York
County Maintenance Facility, Manchester Township,
York County. Leidos Engineering, LLC, 180 Gordon
Drive, Suite 109, Exton, PA 19341 on behalf of Pennsylvania Department of Transportation, 400 North Street, 6th
Floor, Harrisburg, PA 17120-0094, submitted a combined
Remedial Investigation and Final Report concerning
remediation of site soils and groundwater contaminated
with petroleum hydrocarbons. The report is intended to
document remediation of the site to meet the Site Specific
Standard. The report was administratively incomplete,
and was disapproved by the Department on December 4,
2014.
Northwest Region: Environmental Cleanup & Brownfields Program Manager, 230 Chestnut Street, Meadville,
PA 16335-3481
Leech Tool, 13144 Dickson Road, West Mead Township, Crawford County. Environmental Remediation &
Recovery, Inc., 4250 Route 6N, Edinboro, PA 16412, on
behalf of Leech Industries, Inc., 13144 Dickson Road,
Meadville, PA 16335, submitted a Final Report concerning
the remediation of site groundwater contaminated with
Tetrachloroethene, Trichloroethene, cis 1,2-Dichloroethene, trans 1,2-Dichloroethene, 1,1,-Dichloroethene, and
Vinyl Chloride. The Final Report did not demonstrate
attainment of the Statewide Health Standard and was
disapproved by the Department on December 8, 2014.
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
7942
NOTICES
HAZARDOUS WASTE TREATMENT, STORAGE AND
DISPOSAL FACILITIES
Permits issued, suspended, expired, denied, revoked, reinstated or returned under the Solid
Waste Management Act (35 P. S. §§ 6018.101—
6018.1003) and Regulations to Operate a Hazardous Waste Treatment, Storage or Disposal Facility.
Southcentral Region: Regional Solid Waste Manager,
909 Elmerton Avenue, Harrisburg, PA 17110.
PA6213820503. Letterkenny Army Depot, 1
Overcash Avenue, Chambersburg, PA 17201. A Class 3
Permit Modification was approved for RCRA Part B
Permit Number PA6213820503 to add a new ammonium
perchlorate (AP) rocket motor destruction (ARMD) facility
that will use confined burning with emissions control to
treat solid propellant rocket motors at Letterkenny Army
Depot. The Class 3 permit modification was issued on
December 8, 2014.
Draft permits issued, revised or withdrawn under
the Solid Waste Management Act and Regulations
to Operate a Hazardous Waste Treatment, Storage, or Disposal Facility.
Northcentral Region: Regional Solid Waste Manager,
208 West Third Street, Williamsport, PA 17701
PAD003047792. American Color & Chemical LLC,
1 Mount Vernon Street, P.O. Box 88, Lock Haven, PA
17745, City of Lock Haven, Clinton County. Draft
permit issued on December 9, 2014.
AIR QUALITY
General Plan Approval and Operating Permit Usage
Authorized under the Air Pollution Control Act
(35 P. S. §§ 4001—4015) and 25 Pa. Code Chapter
127 to construct, modify, reactivate or operate air
contamination sources and associated air cleaning devices.
Southeast Region: Air Quality Program, 2 East Main
Street, Norristown, PA 19428
Contact: Janine Tulloch-Reid, Facilities Permitting
Chief—Telephone: 484-250-5920
GP14-15-0099: Chester County Crematory, LLC.
(829 Lincoln Avenue, C-9, West Chester, PA 19380) On
December 4, 2014, was authorized to operate a human
crematory in West Goshen Township, Chester County.
GP11-09-0075: Mountain Mulch Company (244 Sassamansville Road, Sassamansville, PA 19472) On December 4, 2014, was authorized to operate two (2) nonroad
engine(s) in Hilltown Township, Bucks County.
Northeast Region: Air Quality Program, 2 Public
Square, Wilkes-Barre, PA 18711-0790
Contact: Raymond Kempa, New Source Review Chief—
Telephone: 570-826-2507
GP2-39-002: Allentown Terminals Corporation (PO
Box 2621, Harrisburg, PA 17105-2621) on December 4,
2014 for the construction and operation of new storage
tank with an internal floating roof at the site located in
Allentown, Lehigh County.
GP5-58-008A Williams Field Services LLC (51 Warren Street, Tunkhannock, PA 18657) on November 19,
2014 for the construction and operation of compressor
engines and dehys/reboilers at the White Compressor
Station site located in SpringvilleTownship, Susquehanna County.
GP5-58-011A Williams Field Services LLC (51 Warren Street, Tunkhannock, PA 18657) on November 19,
2014 for the construction and operation of compressor
engines and dehys/reboilers at the Gibson Compressor
Station site located in Gibson Township., Susquehanna
County.
Southwest Region: Air Quality Program, 400 Waterfront
Drive, Pittsburgh, PA 15222-4745
Contact: Barbara Hatch, Facilities Permitting Chief—
Telephone: 412-442-5226
GP5-32-00319C: Keyrock Energy, LLC (2800 State
Route 982, Mt. Pleasant, PA 15666) on November 14,
2014, received authorization under GP-5 for construction
and/or operation of sources and controls associated with a
natural gas compression facility at its Clawson Compressor Station located in Black Lick Township, Indiana
County.
Northwest Region: Air Quality Program, 230 Chestnut
Street, Meadville, PA 16335-3481
Contact: Edward Orris, New Source Review Chief—
Telephone: 814-332-6636
GP5:20-297B: Laurel Mountain Midstream
Townville Compressor Station (14499 Maplewood Rd.,
Townville, PA 16360) on December 4, 2014 for the authority to operate a 1340 bhp Caterpilar Compressor Engine,
a TEG dehydrator with a 0.25 MMBtu/hr Reboiler, and a
storage tank (BAQ-GPA/GP5) located in Randolph Township, Crawford County.
Plan Approvals Issued under the Air Pollution Control Act and regulations in 25 Pa. Code Chapter
127, Subchapter B relating to construction, modification and reactivation of air contamination
sources and associated air cleaning devices.
Southeast Region: Air Quality Program, 2 East Main
Street, Norristown, PA 19428
Contact: Janine Tulloch-Reid, Facilities Permitting
Chief—Telephone: 484-250-5920
15-0114A: Action Manufacturing Company (500
Bailey Crossroads Road, Atglen, PA 19310; Attn: Mr.
Randy Aukamp) On December 5, 2014, for the installation
of two additional detonator chambers and the use of ethyl
alcohol, at an existing ordinance detonator manufacturing
facility located in West Fallowfield Township, Chester
County. This facility is a non-Title V facility. The
installation of two additional units will allow for Action
Manufacturing to better utilize the detonator chambers
without having to reconfigure them as often. Action
Manufacturing will continue to maintain the restriction of
operating no more than three test chambers at a time, as
per their State Only Operating Permit (Source ID 100).
Emissions will be controlled by an existing Airomax
Filtration System (Source ID C100), which consists of two
levels of pre-filters, a set of fabric filter bags, and a
high-efficiency particulate air (HEPA) filter. Potential
emissions from all criteria pollutants for Source ID 100
are less than 0.1 TPY. Emissions of PM are expected to be
less than 0.02 grain per dry standard cubic feet. As part
of the operations at the facility, ethyl alcohol is used
throughout the facility. It is used in small quantities
within the various buildings at the facility, with a total
potential VOC emission rate of 4.1 TPY. Because ethyl
alcohol usage is dispersed throughout the facility, BAT is
best management practices.
The Plan Approval will contain monitoring, recordkeeping, and operating conditions designed to keep the facility
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
NOTICES
operating within the allowable emissions and all applicable air quality requirements.
Southcentral Region: Air Quality Program, 909
Elmerton Avenue, Harrisburg, PA 17110
Contact: Thomas Hanlon, Facilities Permitting Chief,
717-705-4762, Lisa Dorman, New Source Review Permitting Chief—Telephone: 717-705-4863 or William Weaver,
Regional Air Quality Manager, Telephone: 717-705-4702.
36-05053A: Buck Company Inc. (897 Lancaster Pike,
Quarryville, PA 17556) on December 2, 2014, for authorization to install a new baghouse to control foundry
equipment, and to add CAM provisions for an existing
baghouse, at the foundry in Providence Township,
Lancaster County.
Plan Approval Revisions Issued including Extensions, Minor Modifications and Transfers of Ownership under the Air Pollution Control Act and 25
Pa. Code §§ 127.13, 127.13a and 127.32.
Southeast Region: Air Quality Program, 2 East Main
Street, Norristown, PA 19428
Contact: Janine Tulloch-Reid, Facilities Permitting
Chief—Telephone: 484-250-5920
7943
operation pending issuance of an operating permit for the
source and continue the compliance demonstration evaluation. The extension authorization allows continued operation of the scrubber equipped on Kiln No. 7 pursuant
to Plan Approval 14-00002H. The source is located at the
Pleasant Gap Plant in Spring Township, Centre County.
The plan approval has been extended.
19-00028A: White Pines Corporation (515 State
Route 442, Millville, PA 17846) on November 21, 2014, to
extend the authorization an additional 180 days from
November 22, 2014 to May 21, 2015, in order to permit
operation pending issuance of an operating permit for the
facility. The extension authorization allows continued
leachate pre-treatment operation at the facility located in
Pine Township, Columbia County. The plan approval
has been extended.
57-00005B: Appalachia Midstream Services, LLC
(PO Box 54382, Oklahoma City, OK 73154-1382) on
October 22, 2014, to extend the authorization an additional 180 days from November 10, 2014 to May 9, 2015,
in order to continue the compliance evaluation and permit
operation pending issuance of an operating permit for the
facility. The extension authorization allows continued
operation of the sources located in Cherry Township,
Sullivan County. The plan approval has been extended.
09-0037H: CMS Gilbreth Packaging Systems, Inc.
(3001 State Road, Croydon, PA 19021) On December 3,
2014, for the operation of a regenerative thermal oxidizer
in Bristol Township, Bucks County.
Southwest Region: Air Quality Program, 400 Waterfront
Drive, Pittsburgh, PA 15222-4745
09-0189B: Eureka Stone Quarry, Inc. (P.O. Box 249,
Chalfont, PA 18914) On December 2, 2014, for the
operation of the Nesco wet system in Warrington Township, Bucks County.
11-00529A: Ebensburg Animal Hospital (922 Rowena Drive, Ebensburg, PA 15931) plan approval extension effective November 16, 2014, with an expiration date
of May 16, 2015, for continued temporary operation of one
(1) Matthews International-Cremation Division IEB-16
natural gas-fired crematory incinerator at the Ebensburg
Animal Hospital located in Ebensburg Borough, Cambria
County.
Southcentral Region: Air Quality Program, 909
Elmerton Avenue, Harrisburg, PA 17110
Contact: Thomas Hanlon, Facilities Permitting Chief,
717-705-4762, Lisa Dorman, New Source Review Permitting Chief—Telephone: 717-705-4863 or William Weaver,
Regional Air Quality Manager, Telephone: 717-705-4702.
28-05009B: Borough of Chambersburg (100 South
Second Street, Chambersburg, PA 17201) on December 1,
2014, for the installation of a dedicated oxidation catalyst
on three existing natural gas/No. 2 fuel oil-fired reciprocating internal combustion engines (Source IDs 105, 106
and 107) at the Falling Spring Generating Station in
Chambersburg Borough, Franklin County. The plan
approval was extended.
Northcentral Region: Air Quality Program, 208 West
Third Street, Williamsport, PA 17701
Contact: Muhammad Q. Zaman, Environmental Program Manager—Telephone: 570-327-3648
08-00044B: Barefoot Pellets Company (PO Box 96,
Troy, PA 16947) on December 3, 2014, to extend the
authorization to operate a natural gas fired rotary dryer
and associated multi-clone collector at their facility in
Troy Township, Bradford County on a temporary basis
to June 4, 2015. The plan approval has been extended.
14-00002H: Graymont (PA), Inc. (965 E. College Ave.,
Pleasant Gap, PA 16823) on November 21, 2014, to
extend the authorization an additional 180 days from
December 11, 2014 to June 9, 2015, in order to permit
Contact: Mark R. Gorog, P.E., Environmental Engineer
Manager—Telephone: 412-442-4150
Operating Permits for Non-Title V Facilities Issued
under the Air Pollution Control Act and 25
Pa. Code Chapter 127, Subchapter F.
Southeast Region: Air Quality Program, 2 East Main
Street, Norristown, PA 19428
Contact: Janine Tulloch-Reid, Facilities Permitting
Chief—Telephone: 484-250-5920
46-00122: Blue Bell Investment Company, LP (801
Lakeview Drive, Blue Bell, PA 19424) On December 4,
2014, for operation of boilers and emergency generators
at the office complex in Whitpain Township, Montgomery County. The renewal permit is for a non-Title V
(State Only) facility. The facility elects to cap Nitrogen
Oxide (NOx) emissions less than major thresholds; therefore the facility is categorized as a Synthetic Minor. The
requirements of 40 CFR Part 60 Subpart IIII—Standards
of Performance for Stationary Compression Ignition Internal Combustion Engines apply to new diesel fired engines
on site. The requirements of 40 CFR Part 60 Subpart
JJJJ—Standards of Performance for Stationary Spark
Ignition Internal Combustion Engines apply to new natural gas fired engines on site. The permit will include
monitoring, recordkeeping and reporting requirements
designed to keep the facility operating within all applicable air quality requirements.
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7944
NOTICES
46-00167: Parkhouse Providence Pointe (1600
Black Rock Road Royersford, PA 19468-3109) On December 4, 2014, for operation of a long-term care, geriatric/
rehabilitation nursing facility in Upper Providence Township, Montgomery County. This action is a renewal of
aState Only Operating Permit (Synthetic Minor), which
was issued on September 4, 2009. The permit is for a
non-Title V (State Only) facility. The facility has elected
to cap Nitrogen Oxide Compounds (NOx) to less than 25
tons per year making the facility a Synthetic Minor. The
permit includes monitoring, recordkeeping and reporting
requirements designed to keep the facility operating
within all applicable air quality requirements.
46-00158: Colorcon, Inc. (415 Moyer Boulevard, West
Point, PA 19486) On December 4, 2014, in Upper
Gwynedd Township, Montgomery County a renewal of
State Only (Natural Minor) Operating Permit No. 4600158. The facility’s main sources of air contaminant
emissions are four boilers, two emergency generator sets,
and various sources comprising a polyvinyl acetate
phthalate (‘‘PVAP’’) plant, a lake plant, and dry and wet
dispersion production areas. Particulate matter (‘‘PM’’)
emissions from the sources comprising the PVAP plant,
lake plant, and dry and wet dispersion areas are controlled by associated dust collectors or scrubbers. PM
emissions from the facility are restricted to 21.0 tons/yr,
calculated monthly as a 12-month rolling sum. Volatile
organic compound (‘‘VOC’’) emissions from the reaction
vessels and various fugitive emission sources in the PVAP
plant, the wet dispersion area, and the facility are
restricted to 1.72 ton/yr, 1.04 ton/yr, 10.68 tons/yr, and
14.6 tons/yr, respectively, all calculated monthly as 12month rolling sums. Nitrogen oxide (⬙NOx’’) emissions
from the exempt engines of the emergency generator sets
are restricted to 100 lbs/hr, 1,000 lbs/day, 2.75 tons/ozone
season (i.e., the period from May 1—September 30 of each
year), and 6.6 tons/yr, calculated monthly as a 12-month
rolling sum.
Since the State Only Operating Permit (‘‘SOOP’’) was
last modified in 2013, Colorcon, Inc., has replaced one of
its boilers and added an additional blender to the dry
dispersion area. These sources will be included in the
renewal SOOP, and subject to the same requirements
specified in the previously-modified (i.e., current) SOOP.
In addition, the engines of the emergency generator sets
are subject to the provisions of 40 C.F.R. Part 60, Subpart
IIII, and/or 40 C.F.R. Part 63, Subpart ZZZZ. All applicable requirements of these regulations will be included
in the renewal SOOP.
The renewal SOOP will continue to include monitoring,
recordkeeping, reporting, and work practice requirements
designed to keep the facility operating within all applicable air quality requirements.
46-00272: Tech Tube, Inc. (750 Vandenberg Road,
King of Prussia, PA 19406) On December 5, 2014, to issue
an initial operating permit at their facility in Upper
Merion Township, Montgomery County. Tech Tube specializes in the manufacturing of small diameter-colddrawn tubing, for automotive, medical, and aerospace
companies. Tech Tube operates a Batch Vapor Degreaser
as part of the production process. The Degreaser uses
trichloroethylene as a cleaning agent. A Carbon Adsorption System has been installed, and tested, to capture the
Volatile Organic Compounds emissions from the
degreaser. Tech Tube is a minor facility. The Degreaser is
subject to Subpart T—National Emission Standards for
Halogenated Solvent Cleaning. The Operating Permit will
include monitoring, recordkeeping requirements, and
work practice standards designed to keep the facility
operating within all applicable air quality requirements.
Northeast Region: Air Quality Program, 2 Public
Square, Wilkes-Barre, PA 18711-0790
Contact: Raymond Kempa, New Source Review Chief—
Telephone: 570-826-2507
35-00010: MACtac, Inc. /Scranton (802 Corey Street,
Scranton, PA 18505-3595) on December 5, 2014 for coated
and laminated manufacturing in Moosic Borough,
Lackawanna County. The primary sources consist of
three (3) boilers and coater lines. The sources are considered minor emission sources of nitrogen oxide (NOx),
sulfur oxides (SOx), carbon monoxide (CO), particulate
matter (PM10), and volatile organic compounds (VOC)
emissions. This is a State-Only Synthetic Minor Operating Permit. The State-Only operating permit includes
emissions, work practice standards and testing, monitoring, recordkeeping and reporting requirements designed
to keep the facility operating within all applicable air
quality requirements.
54-00051: PA Department of Corrections/Mahanoy
Plant (301 Morea Road, Frackville, PA 17932) on December 4, 2014 for operation of a correctional institution
located in Mahanoy Township, Schuylkill County. The
primary sources consist of boilers and emergency generators. The sources are considered minor emission sources
of nitrogen oxide (NOx), sulfur oxides (SOx), carbon
monoxide (CO), total suspended particulate (TSP), and
volatile organic compounds (VOC) emissions. This is a
renewal State-Only Synthetic Minor operating permit.
The State-Only operating permit includes emissions, work
practice standards and testing, monitoring, recordkeeping
and reporting requirements designed to keep the facility
operating within all applicable air quality requirements.
Southcentral Region: Air Quality Program, 909
Elmerton Avenue, Harrisburg, PA 17110
Contact: Thomas Hanlon, Facilities Permitting Chief,
717-705-4762, Lisa Dorman, New Source Review Permitting Chief—Telephone: 717-705-4863 or William Weaver,
Regional Air Quality Manager, Telephone: 717-705-4702.
67-03145: Weldon Solutions (425 E. Berlin Road,
York, PA 17408-8810) on December 2, 2014, for their
machine tool manufacturing facility in West Manchester
Township, York County. The State-only permit was renewed.
67-05124: Schindler Elevator Corp. (21 Industrial
Drive, Hanover, PA 17331-9530) on December 2, 2014, for
their elevator manufacturing facility in Hanover Borough,
York County.
Northcentral Region: Air Quality Program, 208 West
Third Street, Williamsport, PA 17701
Contact: Muhammad Q. Zaman, Environmental Program Manager—Telephone: 570-327-3648
55-00024: Conestoga Wood Specialties Corporation
(PO Box 158, East Earl, PA 17519) on December 1, 2014,
was issued a state only operating permit (renewal) for
their Beaver Springs Facility located in Spring Township,
Snyder County. The facility’s significant sources include
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
NOTICES
woodworking equipment for kiln-dried lumber. The state
only operating permit contains all applicable regulatory
requirements including monitoring, recordkeeping and
reporting conditions.
47-00005: Geisinger Medical Center (100 North
Academy Avenue, Danville, PA 17822) on December 1,
2014, was issued a state only synthetic minor operating
permit (renewal) for their facility located in Mahoning
Township, Montour County. The facility’s significant
sources include several boilers and emergency generators
located throughout the facility as well as a natural
gas-fired combined heat and power process. The state
only synthetic minor operating permit contains all applicable regulatory requirements including monitoring,
recordkeeping and reporting conditions.
Northwest Region: Air Quality Program, 230 Chestnut
Street, Meadville, PA 16335-3481
Contact: Edward Orris, New Source Review Chief—
Telephone: 814-332-616636
20-00979: National Fuel Gas Supply Corporation,
Eldred Compressor Station (12797 Fisher Road,
Eldred Township, PA) On December 4, 2014, the Department re-issued a Natural Minor Permit to operate a
natural gas compressor station located in Eldred Township, Jefferson County. The primary emissions are from
the two 150 Hp compressor engines at the facility.
Source ID: 101—150 Hp Compressor Engine 11 and
Source ID: 102—150 Hp Compressor Engine 12 are
subject to the newly promulgated requirements of 40 CFR
63, Subpart ZZZZ—National Emission Standards for Hazardous Air Pollutants for Stationary Reciprocating Internal Combustion Engines. The latest revisions of that
subpart have been attached to those sources.
Source ID: 103—Emergency Generator (97.5 Hp) was
replaced in September 2010. Based on the language
contained in 40 CFR § 63.6590(c), a new RICE source
located at an area source must meet the requirements of
Subpart ZZZZ by meeting the requirements of 40 CFR
Part 60, Subpart JJJJ, for spark ignition engines. The
requirements of Subpart JJJJ have been attached to this
source.
The potential emissions from this facility are as follows.
(All values are in tons/year.) PM = 0.20, PM10/PM2.5 =
0.20, SOx = 0.02, NOx = 71.80, VOC = 12.30, CO = 8.20,
CO2e = 1915.00, and Total HAPs = ⬍1.00.
33-00156: National Fuel Gas Supply Corporation,
Reynoldsville Compressor Station (1100 State Street,
Erie, PA 16512-2081) on December 3, 2014, for renewal of
a Natural Minor Permit to operate a natural gas compressor station. The facility is located in Winslow Township, Jefferson County. The facility’s emitting sources
include 1) 150 Compressor Unit #1 and, 2) Natural Gas
Dehydration Unit. The facility is a Natural Minor because
the emissions of pollutants from the facility are less than
Title V threshold limits. The 150 HP compressor engine is
subject to 40 CFR Part 63, Subpart ZZZZ. All applicable
conditions of Subpart ZZZZ have been included in the
source level of the permit. The emissions of the pollutants
from the engine are limited to the following: CO: 2.63
Tons per year (TPY), NOx: 2.63TPY, PM-10: 0.060 TPY,
NMHC—1.42 TPY and Sulfur Dioxide: .003 TPY.
7945
Operating Permit Revisions Issued including Administrative Amendments, Minor Modifications or
Transfers of Ownership under the Air Pollution
Control Act and 25 Pa. Code §§ 127.412, 127.450,
127.462 and 127.464.
Southeast Region: Air Quality Program, 2 East Main
Street, Norristown, PA 19428
Contact: Janine Tulloch-Reid, Facilities Permitting
Chief—Telephone: 484-250-5920
46-00035: Glaxosmithkline (709 Swedeland Road, Upper Merion, PA, 19406) On December 4, 2014, located in
Upper Merion Township, Montgomery County was
amended to incorporate Plan Approval PA-46-0035H. The
amendment incorporated PA 46-0035H (Installation of
oxidation catalyst on five existing emergency generators—
Source ID 047B and remove the 110 hrs/yr limit on each
generator and establish annual fuel usage limit; also
increased the throughput of diesel/No. 2 fuel oil in Tank
2A from 25,000 to 65,000 gals/yr) into the permit. The
amended Title V Operating Permit will contain additional
monitoring, recordkeeping, reporting and work practice
standards to keep the facility operating within all applicable air quality requirements.
46-00001: JBS Souderton, Inc. (741 Souder Road,
Souderton, PA 18964) On December 4, 2014, located in
Franconia Township, Montgomery County. The Title V
facility is a meat-packing and rendering plant, which
emits major levels of Nitrogen Oxides (NOx). The Minor
Modification of Title V Operating Permit is issued under
the Air Pollution Control Act (35 P. S. §§ 4001—4015) and
25 Pa. Code § 127.462. The modification addresses a
change in fuel used in the York Shipley Boiler (Source ID
031) and the Keeler Boilers (Source ID No. 033 and No.
034) from No. 6 fuel oil to No. 2 fuel oil. The permit
contains all applicable requirements including monitoring, recordkeeping and reporting. Sources at this facility
are not subject to Compliance Assurance Monitoring
(CAM) pursuant to 40 CFR Part 64 because the existing
control devices are not used to reduce emissions for which
the facility is major (NOx).
Southcentral Region: Air Quality Program, 909
Elmerton Avenue, Harrisburg, PA 17110
Contact: Thomas Hanlon, Facilities Permitting Chief,
717-705-4762, Lisa Dorman, New Source Review Permitting Chief—Telephone: 717-705-4863 or William Weaver,
Regional Air Quality Manager, Telephone: 717-705-4702.
05-05006: Columbia Gas Transmission LLC (1700
MacCorkle Ave. SE, Charleston, WV 25314) on November
25, 2014, for the Artemas Compressor Station in Mann
Township, Bedford County. The Title V permit was
administratively amended to incorporate the requirements of Plan Approval No. 05-05006C.
Northwest Region: Air Quality Program, 230 Chestnut
Street, Meadville, PA 16335-3481
Contact: Edward Orris, New Source Review Chief—
Telephone: 814-332-616636
33-00085: Symmco Incorporated (PO Box F,
Sykesville, PA 15865-0039) on December 5, 2014 issued
an administrative amendment to the State Only Operating Permit for the facility located in Sykesville Borough,
Jefferson County. The amendment incorporates the
applicable requirements of plan approval 33-085B.
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
7946
NOTICES
ACTIONS ON COAL AND NONCOAL
MINING ACTIVITY APPLICATIONS
Actions on applications under the Surface Mining
Conservation and Reclamation Act (52 P. S.
§§ 1396.1—1396.19a); the Noncoal Surface Mining
Conservation and Reclamation Act (52 P. S.
§§ 3301—3326); The Clean Streams Law; the Coal
Refuse Disposal Control Act (52 P. S. §§ 30.51—
30.66); and The Bituminous Mine Subsidence and
Land Conservation Act (52 P. S. §§ 1406.1—
1406.20a). The final action on each application
also constitutes action on the NPDES permit
application and, if noted, the request for a Section 401 Water Quality Certification. Mining activity permits issued in response to applications will
also address the application permitting requirements of the following statutes: the Air Quality
Pollution Act (35 P. S. §§ 4001—4014); the Dam
Safety and Encroachments Act (32 P. S. §§ 693.1—
693.27); and the Solid Waste Management Act (35
P. S. §§ 6018.101—6018.1002).
Coal Permits Issued
California District Office: 25 Technology Drive, Coal
Center, PA 15423, 724-769-1100
03851303 and NPDES No. PA0213462. McVille Mining Company, (301 Market Street, Kittanning, PA
16201-9642). To renew the permit for the Clementine
Mine No. 1 in South Buffalo Township, Armstrong
County. No additional discharges. The application was
considered administratively complete on January 14,
2010. Application received October 21, 2009. Permit issued November 20, 2014.
16831604 and NPDES No. PA0100196. RFI Energy,
Inc., (1513 Shannon Tipple Road, PO Box 162, Sligo, PA
16255). To renew the permit for the Shannon Preparation
Plant in Piney and Toby Townships, Clarion County. No
additional discharges. The application was considered
administratively complete on April 27, 2011. Application
received December 17, 2010. Permit issued November 21,
2014.
56021301 and NPDES No. PA0235547 and GP1256021301-R17. Elk Lick Energy, Inc., (PO Box 260,
1576 Stoystown Rd., Friedens, PA 15541). To renew the
permit for the Roytown Deep Mine in Lincoln Township,
Somerset County, and includes renewal of Air Quality
GPA/GP-12 authorization. Approval is authorized under
General Permit BAQ-GPA/GP12 and is required to meet
all applicable limitations, terms, and conditions of authorization GP12-56021301-R17. No additional discharges.
The application was considered administratively complete
on December 23, 2013. Application received October 3,
2013. Permit issued November 26, 2014.
02141301 (formerly 02891701) and NPDES No.
PA0215571. Consol Mining Company LLC, (CNX Center, 1000 Consol Energy Drive, Canonsburg, PA 15317).
To renew the post-mining water treatment permit for the
Harmar Mine in Harmar and Indiana Townships and Fox
Chapel Borough, Allegheny County. No additional discharges. The application was considered administratively
complete on March 30, 2010. Application received March
10, 2010. Permit issued November 24, 2014.
32841321 and NPDES No. PA0006874. Consol Mining Company LLC, (CNX Center, 1000 Consol Energy
Drive, Canonsburg, PA 15317). To renew the permit for
the O’Donnell No. 3 Mine in Washington Township,
Indiana County and Plumcreek Township, Armstrong
County and related NPDES permit. No additional discharges. The application was considered administratively
complete on November 29, 2012. Application received May
11, 2012. Permit issued November 26, 2014.
32803712 and NPDES No. PA0092142. Consol Mining Company LLC, (CNX Center, 1000 Consol Energy
Drive, Canonsburg, PA 15317). To transfer the permit and
related NPDES permit for the Lewisville Recovery Plant
in Young and Blacklick Townships, Indiana County from
Keystone Coal Mining Corporation to Consol Mining
Company LLC. No additional discharges. The application
was considered administratively complete on January 27,
2014. Application received January 6, 2014. Permit issued
December 4, 2014.
Cambria District Mining Office: 286 Industrial Park
Road, Ebensburg, PA 15931, 814-472-1900
Permit No. 56060105 and NPDES No. PA0249971.
AMFIRE Mining Co., LLC, One Energy Place, Latrobe,
PA 15650, commencement, operation and restoration of a
bituminous surface and auger mine to change the land
use from Forestland to Pastureland in Jenner Township,
Somerset County, affecting 120.1 acres. Receiving
streams: unnamed tributaries to/and Quemahoning Reservoir to the Stoney Creek River to the Conemaugh river
classified for the following uses: cold water fisheries. The
first downstream potable water supply intake from the
point of discharge is Cambria-Somerset Authority. Application received: June 27, 2014. Permit issued: December
2, 2014.
Permit No. 56070107 and NPDES No. PA0262382.
Fieg Brothers, 3070 Stoystown Road, Stoystown, PA
15563, transfer of an existing bituminous surface and
auger mine from Rosebud Mining Co., 1117 Shaw Mines
Road, Meyersdale, PA 15552 located in Brothersvalley
and Summit Townships, Somerset County, affecting
267.7 acres. Receiving streams: Piney Run, Buffalo Creek
and Casselman River, classified for the following uses:
cold water fishery and warm water fishery. There are no
potable water supply intakes within 10 miles downstream. Application received: March 14, 2014. Permit
issued: November 24, 2014.
Permit No. 56070107 and NPDES No. PA0262382.
Fieg Brothers, 3070 Stoystown Road, Stoystown, PA
15563, permit renewal for the continued operation and
restoration of a bituminous surface and auger mine in
Brothersvalley and Summit Townships, Somerset
County, affecting 267.7 acres. Receiving streams: Piney
Run, Buffalo Creek and Casselman River, classified for
the following uses: cold water fishery and warm water
fishery. There are no potable water supply intakes within
10 miles downstream. Application received: March 14,
2014. Permit issued: November 24, 2014.
Moshannon District Mining Office: 186 Enterprise
Drive, Philipsburg, PA 16866, 814-342-8200
17030110. Swisher Contracting, Inc. (P. O. Box 1223,
Clearfield, PA 16830). Permit renewal for reclamation
only to an existing bituminous surface and auger mine
located in Lawrence Township, Clearfield County affecting 116.8 acres. Receiving stream(s): Unnamed Tributary
to Montgomery Creek and Unnamed Tributary to West
Branch Susquehanna River classified for the following
use(s): CWF. There are no potable water supply intakes
within 10 miles downstream. Application received: July
23, 2014. Permit issued: December 3, 2014.
17020107. AMFIRE Mining Company, LLC (One
Energy Place, Latrobe, PA 15650). Permit renewal for
reclamation only to an existing bituminous surface mine
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
NOTICES
located in Lawrence Township, Clearfield County affecting 112.0 acres. Receiving stream(s): Unnamed Tributaries to the West Branch Susquehanna River classified for
the following use(s): CWF. There are no potable water
supply intakes within 10 miles downstream. Application
received: August 4, 2014. Permit issued: December 3,
2014.
New Stanton District Office: 131 Broadview Road, New
Stanton, PA 15672, 724-925-5500
26-13-01 and NPDES Permit No. PA0252425.
Fayette Coal & Coke, Inc. (195 Enterprise Lane,
Connellsville, PA 15425). Government Financed Construction Contract issued for reclamation project to reclaim
abandoned mine lands, located in Franklin Township,
Fayette County, affecting 45.9 acres. Receiving streams:
unnamed tributaries to Bolden Run. Application received:
March 21, 2014. Permit issued: November 26, 2014.
Noncoal Permits Issued
Knox District Mining Office: P.O. Box 669, 310 Best
Avenue, Knox, PA 16232-0669, 814-797-1191
25112802. Raymond D. Showman & Sons, Inc.
(12851 Sharp Road, Edinboro, PA 16412). Final bond
release for a small industrial minerals surface mine in
LeBoeuf Township, Erie County. Restoration of 5.0 acres
completed. Receiving streams: French Creek. Application
Received: September 18, 2014. Final bond release approved: November 20, 2014.
New Stanton District Office: 131 Broadview Road, New
Stanton, PA 15672, 724-925-5500
26980601 and NPDES Permit No. PA0202193.
Hanson Aggregates BMC, Inc. (2200 Springfield Pike,
Connellsville, PA 15425-9503). Permit revision issued to
add 93.7 acres of additional underground mining to an
existing large noncoal surface mine, located in Bullskin
Township, Fayette County, affecting 808.1 acres. Receiving streams: Breakneck Run, unnamed tributaries to
Polecat Hollow Run and Breakneck Run. Revision application received: February 12, 2014. Permit issued: November 25, 2014.
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901, 570-621-3118
Permit No. 6575SM2A2C3. Eureka Stone Quarry,
Inc., (PO Box 249, Chalfont, PA 18914), boundary correction of an existing quarry operation in Hamilton Township, Monroe County affecting 118.6 acres, receiving
stream: tributary to McMichael Creek. Application received: June 8, 2010. Correction issued: December 4,
2014.
7947
42144003. Minard Run Oil Company (609 South
Ave., P.O. Box 18, Bradford, PA 16701-3977) Blasting
activity permit for well pad development and road maintenance in Hamilton Township, McKean County. This
blasting activity permit expires on July 1, 2015. Permit
Issued: November 10, 2014.
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901, 570-621-3118
Permit No. 22144112. Hayduk Enterprises, Inc.,
(257 Riverside Drive, Factoryville, PA 18419), construction blasting for Ankiewicz Pump Sewage Station in
Susquehanna Township, Dauphin County with an expiration date of March 31, 2015. Permit issued: December
2, 2014.
Permit No. 45144105. Explosive Services, Inc., (7
Pine Street, Bethany, PA 18431), construction blasting for
Castle Rock Acres in Middle Smithfield Township, Monroe County with an expiration date of December 31,
2015. Permit issued: December 2, 2014.
Permit No. 46144004. Explo-Craft, Inc., (PO Box
1332, West Chester, PA 19380), construction blasting for
600 Righters Ferry Road sanitary and storm sewer lines
in Lower Merion Township, Montgomery County with
an expiration date of November 1, 2015. Permit issued:
December 5, 2014.
Permit No. 36144166. Keystone Blasting Service,
(15 Hopeland Road, Lititz, PA 17543), construction blasting for Traditions of America in Warwick Township,
Lancaster County with an expiration date of December
30, 2015. Permit issued: December 5, 2014.
Permit No. 38144118. Keystone Blasting Service,
(15 Hopeland Road, Lititz, PA 17543), construction blasting for Nolt Services waste pit in Millcreek Township,
Lebanon County with an expiration date of December
30, 2014. Permit issued: December 5, 2014.
Permit No. 48144110. Schlouch, Inc., (P.O. Box 69,
Blandon, PA 19510), construction blasting for Lehigh
Valley East 2 Lower Nazareth Township, Northampton
County with an expiration date of December 2, 2015.
Permit issued: December 5, 2014.
Permit No. 58144182. Meshoppen Blasting, Inc.,
(P.O. Box 127, Meshoppen, PA 18630), construction blasting for SWN NR 2 pad access road in Oakland Township,
Susquehanna County with an expiration date of November 24, 2015. Permit issued: December 5, 2014.
ACTIONS ON BLASTING ACTIVITY
APPLICATIONS
Permit No. 58144183. Midstream Explosives, LLC,
(289 Southside Drive, Newville, PA 17241), construction
blasting for Reynold Alford Pipeline in Brooklyn Township, Susquehanna County with an expiration date of
November 25, 2015. Permit issued: December 5, 2014.
Actions on applications under the Explosives Acts
of 1937 and 1957 and 25 Pa. Code § 211.124. Blasting activity performed as part of a coal or
noncoal mining activity will be regulated by the
mining permit for that coal or noncoal mining
activity.
Permit No. 58144184. DW Drilling & Blasting,
(9990 Coconut Road, Bonita Springs, FL 34135), construction blasting for Wright Gas Pad, Tank Pad and Access
Road in Bridgewater Township, Susquehanna County
with an expiration date of November 25, 2015. Permit
issued: December 5, 2014.
Blasting Permits Issued
Knox District Mining Office: P.O. Box 669, 310 Best
Avenue, Knox, PA 16232-0669, 814-797-1191
FEDERAL WATER POLLUTION
CONTROL ACT SECTION 401
43144001. Hal D. Lilley (8323 Oxbow Road, North
East, PA 16428) Blasting activity permit for demolition of
a grain silo in Pine Township, Mercer County. The
blasting activity permit expires on April 16, 2015. Permit
Issued: November 10, 2014.
The Department has taken the following actions on
previously received permit applications, requests for Environmental Assessment approval and requests for Water
Quality Certification under section 401 of the Federal
Water Pollution Control Act (FWPCA) (33 U.S.C.A.
§ 1341).
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
7948
NOTICES
Except as otherwise noted, the Department has granted
401 Water Quality Certification certifying that the construction and operation described will comply with sections 301—303, 306 and 307 of the FWPCA (33 U.S.C.A.
§§ 1311—1313, 1316 and 1317) and that the construction
will not violate applicable Federal and State water quality standards.
Persons aggrieved by an action may appeal that action
to the Environmental Hearing Board (Board) under section 4 of the Environmental Hearing Board Act and 2
Pa.C.S. §§ 501—508 and 701—704. The appeal should be
sent to the Environmental Hearing Board, Second Floor,
Rachel Carson State Office Building, 400 Market Street,
PO Box 8457, Harrisburg, PA 17105-8457, (717) 787-3483.
TDD users may contact the Board through the Pennsylvania Relay Service, (800) 654-5984. Appeals must be filed
with the Board within 30 days of publication of this
notice in the Pennsylvania Bulletin unless the appropriate statute provides a different time period. Copies of the
appeal form and the Board’s rules of practice and procedure may be obtained from the Board. The appeal form
and the Board’s rules of practice and procedure are also
available in Braille or on audiotape from the Secretary to
the Board at (717) 787-3483. This paragraph does not, in
and of itself, create a right of appeal beyond that
permitted by applicable statutes and decisional law.
For individuals who wish to challenge an action, the
appeal must reach the Board within 30 days. A lawyer is
not needed to file an appeal with the Board.
Important legal rights are at stake, however, so individuals should show this notice to a lawyer at once.
Persons who cannot afford a lawyer may qualify for free
pro bono representation. Call the Secretary to the Board
at (717) 787-3483 for more information.
Actions on applications for the following activities
filed under the Dam Safety and Encroachments
Act (32 P. S. §§ 693.1—693.27), section 302 of the
Flood Plain Management Act (32 P. S. § 679.302)
and The Clean Streams Law and Notice of Final
Action for Certification under section 401 of the
FWPCA.
Permits, Environmental Assessments and 401 Water
Quality Certifications Issued:
WATER OBSTRUCTIONS AND ENCROACHMENTS
Northeast Region: Waterways and Wetlands Program
Manager, 2 Public Square, Wilkes-Barre, PA 18711-1915,
Telephone 570-826-2511.
E48-429. Valley Industrial Properties, LLC, P. O.
Box 143, Orefield, PA 18069. East Bangor Borough,
Northampton County, Army Corps of Engineers Philadelphia District.
To fill an existing/abandoned 2.0 acre water-filled slate
quarry for the purpose of eliminating a safety hazard and
preparing site for potential future development. The
project is located at 2 Capital Boulevard, approximately
0.4 mile northeast of the intersection of Capital Boulevard and West Central Avenue (State Route 512)
(Stroudsburg, PA Quadrangle Latitude: 40°52⬘55‘‘; Longitude: -75°11⬘21⬙). Subbasin: 1E
Northcentral Region: Waterways & Wetlands Program
Manager, 208 West Third Street, Williamsport, PA 17701,
570-327-3636
E14-556. Henry Beiler, 4712 Penns Valley Road,
Spring Mills, PA 16875-8503. Shady Meadow School in
Penn Township, Centre County, ACOE Baltimore District (Madisonburg, PA Quadrangle N: 40° 53⬘ 11.3⬙; W:
-77° 30⬘ 15.8⬙).
To construct and maintain 4-foot diameter by 20-foot
long culvert with the invert depressed 12-inches into the
streambed, having field stone wingwalls in an unnamed
intermittent tributary to Elk Creek to provide crossing of
a new shale road to a parochial school located 850 ft. west
of the intersection of Smithtown Gap Road and Mt Lodge
Lane. This permit was issued under Section 105.13(e)
‘‘Small Projects.’’ This permit also includes 401 Water
Quality Certification.
Southwest Region: Waterways and Wetlands Program
Manager, 400 Waterfront Drive, Pittsburgh, PA 152224745.
E02-1697. Pennsylvania Turnpike Commission,
P.O. Box 67676, Harrisburg, PA 17106-7676; Indiana
Township, Allegheny County; ACOE Pittsburgh District.
Has been given consent to:
1. Relocate and reconstruct approximately 390⬘ of unnamed tributary (UNT) 23 to Cedar Run (CWF), approximately 159⬘ of which is currently enclosed within an
existing 30⬙CPP, as 344⬘ of open watercourse;
2. To place and maintain fill in approximately 358⬘ of
UNT-23A to Cedar Run (CWF) and 0.04 acre of PEM and
PSS wetlands;
for the purposes of widening approximately 660⬘ of the
PA Turnpike (a.k.a. Interstate 70/76), replacing the bridge
that carries State Route (SR) 1013 (a.k.a. Saxonburg
Boulevard) over this portion of the PA Turnpike, and
constructing associated stormwater management facilities. This project will also permanently affect approximately 80⬘ of the right descending stream bank of Cedar
Run (CWF), and will temporarily impact 8⬘ of UNT-23
and 0.02 acre of wetlands. This project is one (1) of eight
(8) subprojects of a larger project that will widen the PA
Turnpike from mile post (MP) 39 to 47 (a.k.a. the PA
Turnpike Commission 40-48 Reconstruction Project). This
mainline reconstruction project will widen the PA Turnpike from four (4) lanes to six (6) lanes, and will widen
the median. Some of the other subprojects have already
received separate Water Obstruction and Encroachment
Permits (WO&EP #E02-1651, #E02-1669, #E02-1681 and
GP070211202); while additional applications for WO&EPs
are anticipated for future subprojects that are associated
with the larger mainline reconstruction project. The
mitigation for the 0.04 acre of wetland impacts is included in permit #E02-1681. The proposed stream impacts will be compensated for through 406 linear feet of
channel reconstruction, daylighting of a culverted stream
segment, and riparian plantings along the unnamed
tributary (UNT) 23 and unnamed tributary (UNT) 23A to
Cedar Run. This subproject (a.k.a. the SR 1013/
Saxonburg Boulevard bridge replacement over the PA
Turnpike) is located at MP 43.13 of the PA Turnpike
(Glenshaw, PA USGS topographic quadrangle map, Latitude: 40°35⬘14⬙; Longitude: -79°52⬘45⬙), in Indiana Township, Allegheny County.
E03-461. Pennsylvania Department of Transportation—District 10-0, 2550 Oakland Avenue, Indiana, PA
15701; Bethel Township, Armstrong County; ACOE
Pittsburgh District.
Has been given consent to:
Remove the existing SR 2029 two lane, 41 foot wide by
14.5 foot long single span bridge having a minimum
underclearance of 7.5 feet; construct and maintain adjacent to and downstream a replacement two lane 16 foot
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
NOTICES
span by 93.7 foot long open bottom arch culvert having a
minimum underclearance of 8.0 feet in Taylor Run
(WWF) with a drainage area of 2.95 square miles; fill and
maintain a 761 ft long section of Taylor Run beginning at
the bridge replacement; construct and maintain a relocated 664 ft long open channel of Taylor Run with a
drainage area of 4 square miles; fill and maintain a 30 ft
long section of Spur Run (WWF) tributary to the to be
relocated Taylor Run section with a drainage area of 1
square mile; and construct and maintain a relocation of
134 ft of Spur Run needed to reconnect with the to be
relocated Taylor Run section.
In addition install and maintain road associated
stormwater outfalls; fill and maintain a 52 ft long section
of an ephemeral UNT to Taylor Run (WWF) with drainage areas less than 100 acres and construct and maintain
a relocated 35 ft long open channel of UNT to Taylor Run;
temporarily impact 1,068 feet of stream for construction
of the new structure and stream relocations; and provide
onsite stream mitigation as part of the relocation of
Taylor Run.
This project is associated with the SR 2029, Logansport
Road relocation and improvement project with these
encroachments extending south of the SR 66 intersection
with SR2029, Logansport Road and just north of the
intersection with SR2030, Kelly Station Road in Bethel
7949
Township, Armstrong County (Leechburg PA Quadrangle,
beginning North 13.9. inches and West 7.7 inches; Latitude 40° 42⬘ 6⬙ and Longitude -79° 33⬘ 20⬙; to North 14.1
inches and West 8.2 inches; Latitude 40° 42⬘ 9⬙ and
Longitude -79° 33⬘ 31⬙).
Northwest Region: Oil and Gas Program Manager, 230
Chestnut Street, Meadville, PA 16335; 814-332-6860
This project was previously published with an incorrect
Permit Number and is being republished to provide the
corrected information.
E42-08-013, NFG Midstream Clermont, LLC, 6363
Main Street, Williamsville, NY 14221-5855. Clermont
Phase 2 North West (McKean), in Jones Township, Elk
County, Army Corps of Engineers Pittsburgh District
(Glen Hazel, Wildwood Fire Tower, PA Quadrangle N: 41°
36⬘ 02⬙; W: -78° 32⬘ 34⬙).
The applicant proposes to construct and maintain approximately 7.8 miles of two (2) 16 inch and 8 inch,
natural gas pipeline located in Jones Township, Elk
County and Sergeant Township, McKean County. The
proposed pipeline will connect Seneca Resources Corporation⬘s D08-Z Well Pad to E08-I and E08-J Well Pads. The
water obstructions and encroachments in the McKean
County portion of the project are described below:
To construct and maintain:
Latitude/
Longitude
Impact No.
1
Description of Impact
Two (2) 16⬙ diameter natural gas pipelines with associated right-of-way and a
temporary road crossing to cross a UNT to Straight Creek (EV) having 78
linear feet of temporary stream impact.
2
Two (2) 16⬙ diameter natural gas pipelines with associated right-of-way and a
temporary road crossing to cross Straight Creek (EV) having 69 linear feet of
temporary stream impact.
41° 36⬘ 12⬙
-78° 28⬘ 0⬙
3
Two (2) 16⬙ diameter natural gas pipelines with associated right-of-way and a
temporary road crossing to cross a UNT to Straight Creek (EV) having 65
linear feet of temporary stream impact.
41° 36⬘ 12⬙
-78° 28⬘ 0⬙
4
Two (2) 16⬙ diameter natural gas pipelines with associated right-of-way and a
temporary road crossing to cross an North Fork Straight Creek (EV) having
73 linear feet of temporary stream impact.
41° 36⬘ 53⬙
-78° 28⬘ 50⬙
5
Two (2) 16⬙ diameter natural gas pipelines with associated right-of-way and a
temporary road crossing to cross a palustrine emergent (PEM) wetland
having 3,428 square feet of temporary wetland impact.
41° 36⬘ 27⬙
-78° 28⬘ 27⬙
6
Two (2) 16⬙ diameter natural gas pipelines with associated right-of-way and a
temporary road crossing to cross a palustrine emergent (PEM) EV wetland
having 9,154 square feet of temporary wetland impact.
Two (2) 16⬙ diameter natural gas pipelines with associated right-of-way and a
temporary road crossing to cross a palustrine emergent (PEM) EV wetland
having 1,916 square feet of temporary wetland impact.
41° 36⬘ 30⬙
-78° 28⬘ 36⬙
Two (2) 16⬙ diameter natural gas pipelines with associated right-of-way and a
temporary road crossing to cross a palustrine emergent (PEM) EV wetland
having 8,822 square feet of temporary wetland impact.
Two (2) 16⬙ diameter natural gas pipelines with associated right-of-way and a
temporary road crossing to cross a palustrine emergent (PEM) wetland
having 5,381 square feet of temporary wetland impact.
41° 36⬘ 35⬙
-78° 28⬘ 45⬙
Two (2) 16⬙ diameter natural gas pipelines with associated right-of-way and a
temporary road crossing to cross a palustrine emergent (PEM) EV wetland
having 3,155 square feet of temporary wetland impact.
Two (2) 16⬙ diameter natural gas pipelines with associated right-of-way and a
temporary road crossing to cross a palustrine emergent (PEM) wetland
having 548 square feet of temporary wetland impact.
41° 36⬘ 53⬙
-78° 28⬘ 50⬙
7
8
9
10
11
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
41° 36⬘ 11⬙
-78° 28⬘ 0⬙
41° 36⬘ 32⬙
-78° 28⬘ 43⬙
41° 36⬘ 51⬙
-78° 28⬘ 49⬙
41° 37⬘ 01⬙
-78° 28⬘ 52⬙
7950
NOTICES
Impact No.
12
13
Description of Impact
Two (2) 16⬙ diameter natural gas pipelines with associated right-of-way and a
temporary road crossing to cross a palustrine emergent (PEM) wetland
having 2,628 square feet of temporary wetland impact.
Two (2) 16⬙ diameter natural gas pipelines with associated right-of-way and a
temporary road crossing to cross a palustrine emergent (PEM) wetland
having 7,819 square feet of temporary wetland impact.
In McKean County, the project will result in a total of
285 linear feet of temporary stream impacts and .98 acre
of temporary wetland impacts from utility line and road
crossings.
District Oil and Gas Operations: Eastern Oil & Gas
District, 208 West Third Street, Suite 101, Williamsport,
PA 17701
E4129-089 Anadarko E&P Onshore LLC, 33 West
Third Street, Suite 200, Williamsport, PA 17701,
McIntyre Township, Lycoming County, ACOE Baltimore
District.
To construct, operate, and maintain:
1) a surface water withdrawal impacting 4,313 square
feet of Lycoming Creek (EV, MF) (Bodines, PA Quadrangle
41°29⬘06⬙N 76°58⬘11⬙W). The proposed withdrawal will
include two intake screens buried beneath the stream
bed;
2) two 6-inch water lines and a timber mat bridge
impacting 337 square feet of palustrine emergent (PEM)
wetland
(Bodines,
PA Quadrangle
41°14⬘22⬙N
76°36⬘13⬙W).
The project will result in 100 linear feet of stream
impact and 0.01 acre of wetland impact all for the
purpose of obtaining water for use to develop multiple
Marcellus Shale wells.
E5929-045: SWEPI LP, 2100 Georgetown Drive, Suite
400, Sewickley, PA 15143, Sullivan Township, Tioga
County, ACOE Baltimore District.
To construct, operate, and maintain a permanent access
road impacting 3,050 square foot of a palustrine forested
(PFO) wetland (Mansfield, PA Quadrangle 41°47⬘58⬙N
76°58⬘08⬙W).
This application is in response to a Notice of Violation
from well pad and site access construction that resulted
in approximately 0.91 acre of permanent wetland impacts. The applicant has implemented 1.77 acre of wetland mitigation on site and 1.87 acre will be created at an
offsite location along with 1,415 linear feet of streambank
fencing (Mansfield, PA Quadrangle 41°48⬘12⬙N
76°58⬘05⬙W) in Sullivan Township, Tioga County.
EROSION AND SEDIMENT CONTROL
The following Erosion and Sediment Control permits
have been issued.
Persons aggrieved by an action may appeal that action
to the Environmental Hearing Board (Board) under section 4 of the Environmental Hearing Board Act and 2
Pa.C.S. §§ 501—508 and 701—704. The appeal should be
sent to the Environmental Hearing Board, Second Floor,
Rachel Carson State Office Building, 400 Market Street,
PO Box 8457, Harrisburg, PA 17105-8457, (717) 787-3483.
TDD users may contact the Board through the Pennsylvania Relay Service, (800) 654-5984. Appeals must be filed
with the Board within 30 days of publication of this
notice in the Pennsylvania Bulletin unless the appropri-
Latitude/
Longitude
41° 37⬘ 03⬙
-78° 28⬘ 53⬙
41° 37⬘ 05⬙
-78° 28⬘ 53⬙
ate statute provides a different time period. Copies of the
appeal form and the Board’s rules of practice and procedure may be obtained from the Board. The appeal form
and the Board’s rules of practice and procedure are also
available in Braille or on audiotape from the Secretary to
the Board at (717) 787-3483. This paragraph does not, in
and of itself, create a right of appeal beyond that
permitted by applicable statutes and decisional law.
For individuals who wish to challenge an action, the
appeal must reach the Board within 30 days. A lawyer is
not needed to file an appeal with the Board.
Important legal rights are at stake, however, so individuals should show this notice to a lawyer at once.
Persons who cannot afford a lawyer may qualify for free
pro bono representation. Call the Secretary to the Board
at (717) 787-3483 for more information.
Northwest Region: Oil and Gas Program Manager, 230
Chestnut St., Meadville, PA 16335
ESCGP-2 #ESG14-019-0062—Cratty A/B Well Pad
Applicant XTO Energy, Inc
Contact Ms. Melissa Breitenbach
Address 502 Keystone Drive
City Warrendale State PA Zip Code 15086
County Butler Township(s) Franklin(s)
Receiving Stream(s) and Classification(s) Shannon Run
(HQ-CWF) and Mulligan Run (CWF)/Connoquenessing
Watershed
ESCGP-2 #ESX14-085-0029—Delaware Hanna Well Pad
Applicant Hilcorp Energy Co.
Contact Ms. Stephanie McMurray
Address 1201 Louisiana Street, Suite 1400
City Houston State TX Zip Code 77002
County Mercer Township(s) Delaware
Receiving Stream(s) and Classification(s) UNT to
Shenango River, WWF; Mill Run, TSF,
Secondary Receiving water Shenango River, Otter
Creek.
ESCGP-2 #ESG14-019-0051—McCall Well Pad
Applicant XTO Energy, Inc
Contact Ms. Melissa Breitenbach
Address 502 Keystone Drive
City Warrendale State PA Zip Code 15086
County Butler Township(s) Donegal(s)
Receiving Stream(s) and Classification(s) Buffalo Creek,
Buffalo Creek Watershed, Allegheny River HQ-CWF
ESCGP-2 #ESX13-085-0034—Yoder to Regis Pipeline
Applicant Halcon Field Services, LLC
Contact Rich DiMichele
Address 2984 Kirila Boulevard
City Hermitage State PA Zip Code 16148
County Mercer Township(s) West Salem, Hempfield, Otter
Creek(s)
Receiving Stream(s) and Classification(s) Big Run, UNT
to Big Run, Shenango River, UNT to Shenango River,
Mathy Run, UNT to Otter Creek TSF/WWF
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
NOTICES
ESCGP-2 #ESX14-019-0064—Guiher Centralized Freshwater Impoundment
Applicant XTO Energy Inc
Contact Ms. Melissa Breitenbach
Address 502 Keystone Drive
City Warrendale State PA Zip Code 15086
County Butler Township(s) Connoquenessing(s)
Receiving Stream(s) and Classification(s) UNT to Mulligan Run; UNT to Semiconon Run/Little Connoquenessing Creek-Connoquenessing Creek
Eastern Region: Oil & Gas Management Program Manager, 208 West Third Street, Williamsport, PA 17701
ESCGP-2 # ESX29-015-14-0086
Applicant Name Chesapeake Appalachia, LLC
Contact Person Eric Haskins
Address 14 Chesapeake Lane
City, State, Zip Sayre, PA 18840
County Bradford County
Township(s) Troy Township
Receiving Stream(s) and Classification(s) Mud Creek
(TSF/MF);
Secondary: Sugar Creek (TSF/MF)
ESCGP-2 # ESX29-015-14-0085
Applicant Name Angelina Gathering Company, LLC
Contact Person Danny Spaulding
Address 2350 N Sam Houston Pkwy E, Ste 125
City, State, Zip Houston, TX 77032
County Bradford County
Township(s) Herrick Township
Receiving Stream(s) and Classification(s) UNT to Cold
Water Creek (WWF/MF);
Secondary: Cold Water Creek
ESCGP-2 # ESX29-115-14-0090
Applicant Name Southwestern Energy Production Comppany
Contact Person Dave Sweeley
Address 917 State Route 92 North
City, State, Zip Tunkhannock, PA 18657
County Susquehanna County
Township(s) Jackson Township
Receiving Stream(s) and Classification(s) Salt Lick Creek
(HQ, CWF/MF)
ESCGP-2 # ESX29-015-14-0087
Applicant Name Chesapeake Appalachia, LLC
Contact Person Eric Haskins
Address 14 Chesapeake Lane
City, State, Zip Sayre, PA 18840
County Bradford County
Township(s) Terry Township
Receiving Stream(s) and Classification(s) UNT to Sugar
Run Creek (CWF/MF);
Secondary: Sugar Run Creek (CWF/MF)
ESCGP-2 # ESX11-015-0129 (01)
Applicant Name Talisman Energy USA, Inc.
Contact Person Joseph Katruska
Address 50 Pennwood Place
City, State, Zip Warrendale, PA 15086
County Bradford County
Township(s) Columbia Township
Receiving Stream(s) and Classification(s) UNT to North
Branch Sugar Creek (TSF), North Branch Sugar Creek
(TSF)
ESCGP-2 # ESX10-015-0303 (01)
Applicant Name Talisman Energy USA, Inc.
Contact Person Joseph Katruska
Address 50 Pennwood Place
City, State, Zip Warrendale, PA 15086
7951
County Bradford County
Township(s) Pike Township
Receiving Stream(s) and Classification(s) Gaylord Creek
(CWF/MF)
ESCGP-2 # ESG29-081-14-0038
Applicant Name Range Resources—Appalachia, LLC
Contact Person Mary C. Patton
Address 100 Throckmorton Street, Suite 1200
City, State, Zip Ft. Worth, TX 76102
County Lycoming County
Township(s) Lewis Township
Receiving Stream(s) and Classification(s) Wolf Run, UNT
Wolf Run (HQ);
Secondary: Lycoming Creek (EV)
ESCGP-2 # ESX10-015-0373 (01)
Applicant Name Talisman Energy USA, Inc.
Contact Person Joseph Katruska
Address 50 Pennwood Place
City, State, Zip Warrendale, PA 15086
County Bradford County
Township(s) Windham Township
Receiving Stream(s) and Classification(s) UNT to Wysox
Creek (CWF/MF)
ESCGP-2 # ESX10-015-0118 (01)
Applicant Name Talisman Energy USA, Inc.
Contact Person Joseph Katruska
Address 50 Pennwood Place
City, State, Zip Warrendale, PA 15086
County Bradford County
Township(s) Columbia Township
Receiving Stream(s) and Classification(s) UNT to North
Branch Sugar Creek (TSF/MF)
ESCGP-2 # ESX09-015-0083(1)
Applicant Name Talisman Energy USA, Inc.
Contact Person Joseph Katruska
Address 50 Pennwood Place
City, State, Zip Warrendale, PA 15086
County Bradford County
Township(s) Wells Township
Receiving Stream(s) and Classification(s) UNT to Seeley
Creek (CWF/MF)
ESCGP-2 # ESX29-015-14-0088
Applicant Name Chesapeake Appalachia, LLC
Contact Person Eric Haskins
Address 14 Chesapeake Lane
City, State, Zip Sayre, PA 18840
County Bradford County
Township(s) Tuscarora Township
Receiving Stream(s) and Classification(s) Mill Creek
(CWF/MF); Tuscarora Creek (CWF/MF)
ESCGP-2 # ESX10-015-0166 (01)
Applicant Name Talisman Energy USA, Inc.
Contact Person Joseph Katruska
Address 50 Pennwood Place
City, State, Zip Warrendale, PA 15086
County Bradford County
Township(s) Pike Township
Receiving Stream(s) and Classification(s) UNT to
Rockwell Creek (CWF/MF)
ESCGP-2 # ESX10-015-0319 (01)
Applicant Name Talisman Energy USA, Inc.
Contact Person Joseph Katruska
Address 50 Pennwood Place
City, State, Zip Warrendale, PA 15086
County Bradford County
Township(s) Warren Township
Receiving Stream(s) and Classification(s) Pendleton Creek
(CWF/MF)
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
7952
NOTICES
ESCGP-2 # ESX11-015-0027 (01)
Applicant Name Talisman Energy USA, Inc.
Contact Person Joseph Katruska
Address 50 Pennwood Place
City, State, Zip Warrendale, PA 15086
County Bradford County
Township(s) Windham Township
Receiving Stream(s) and Classification(s) UNT to Wappasening Creek (CWF), Cold Brook (CWF)
ESCGP-2 No.: ESG14-059-0065
Applicant Name: Chevron Appalachia LLC
Contact Person: Alex Genovese
Address: 800 Mountain View Drive
City: Smithfield State: PA Zip Code: 15478
County: Greene Township(s): Center
Receiving Stream(s) and Classifications: Clear Run, UNT
to Clear Run, and UNT to Rush Run/Tenmile Creek
Watershed; HQ
ESCGP-2 # ESX11-117-0024 (01)
Applicant Name Talisman Energy USA, Inc.
Contact Person Joseph Katruska
Address 50 Pennwood Place
City, State, Zip Warrendale, PA 15086
County Tioga County
Township(s) Ward Township
Receiving Stream(s) and Classification(s) Tioga River
(CWF)
ESCGP-2 No.: ESX14-125-0087
Applicant Name: Rice Poseidon Midstream LLC
Contact Person: Kyle Shirey
Address: 400 Woodcliff Drive
City: Canonsburg State: PA Zip Code: 15317
County: Washington Township(s): North Bethlehem
Receiving Stream(s) and Classifications: South Branch
Pigeon CK, UNT South Branch Pigeon CK/Middle
Monongahela River; Other WWF
ESCGP-2 No.: ESX14-007-0014
Applicant Name: Abarta Oil & Gas Company Inc
Contact Person: John J Emmerling
Address: 200 Alpha Drive
City: Pittsburgh State: PA Zip Code: 15238
COUNTY Beaver Township(s): Franklin
Receiving Stream(s) and Classifications: UNTs to Camp
Run (WWF); UNTs to Connoquenessing Creek (WWF);
Slippery Rock Creek Watershed; Other WWF
ESCGP-2 No.: ESX14-051-0014
Applicant Name: Chevron Appalachia LLC
Contact Person: Alex Genovese
Address: 800 Mountain View Drive
City: Smithfield State: PA Zip Code: 15478
County: Fayette Township(s): German
Receiving Stream(s) and Classifications: UNTs to Dunlap
Creek/Middle Monongahela River Watershed; Other
WWF
ESCGP-2 # ESG29-113-14-0026
Applicant Name Chief Oil & Gas, LLC
Contact Person Jeffrey Deegan
Address 6051 Wallace Road Ext., Suite 300
City, State, Zip Wexford, PA 15090
County Sullivan County
Township(s) Elkland Township
Receiving Stream(s) and Classification(s) UNT Elk Creek
(EV/MF);
Secondary: Loyalsock Creek
ESCGP-2 # ESX10-015-0357 (01)
Applicant Name Talisman Energy USA, Inc.
Contact Person Joseph Katruska
Address 50 Pennwood Place
City, State, Zip Warrendale, PA 15086
County Bradford County
Township(s) Warren Township
Receiving Stream(s) and Classification(s) UNT to Prince
Hollow Run (CWF/MF), Bobcock Run (CWF/MF)
ESCGP-2 # ESX11-015-0006 (01)
Applicant Name Talisman Energy USA, Inc.
Contact Person Joseph Katruska
Address 50 Pennwood Place
City, State, Zip Warrendale, PA 15086
County Bradford County
Township(s) Windham Township
Receiving Stream(s) and Classification(s) Parks Creek
(CWF), West Branch Parks Creek (CWF)
Southwest Region: Oil & Gas Program Mgr. 400 Waterfront Dr. Pittsburgh, PA
ESCGP-2 No: ESX14-129-0002 Major Revision
Applicant Name: Campbell Oil & Gas Inc
Contact Person Erik Wood
Address: PO Box 278
City: Indiana State: PA Zip Code: 15701
County: Westmoreland Township: Derry
Receiving Stream (s) and Classifications: Trib 44687 to
Stony Run/Conemaugh Watershed; Trib 44694 to Stony
Run/Conemaugh Watershed; Trib 44696 to Stony Run/
Conemaugh Watershed; Other CWF; Siltation-Impaired
ESCGP-2 No.: ESX14-129-0008
Applicant Name: Apex Energy LLC
Contact Person: Mark Rothenberg
Address: 6041 Wallace Road Ext Suite 100
City: Wexford State: PA Zip Code: 15090
County: Westmoreland Township(s): Penn
Receiving Stream(s) and Classifications: Turtle Creek,
Brush Creek, UNT to Turtle Creek, UNT to Brush
Creek; Other TSF
ESCGP-2 No.: ESG14-059-0057
Applicant Name: Vantage Energy Appalachia LLC
Contact Person: John J Moran Jr
Address: 116 Inverness Drive East Suite 107
City: Englewood State: CO Zip Code 80112
County: Greene Township(s): Gray
Receiving Stream(s) and Classifications: UNT to Grays
Fork/Tenmile Creek; Grays Fork/Tenmile Creek; HQ
SPECIAL NOTICES
Tenaska Pennsylvania Partners, LLC Notice of
Joint Public Hearing for the Air Quality Plan
Approval and NPDES Permit
Air Quality Plan Approval 65-00990C and NPDES
Permit PA0254771: Tenaska Pennsylvania Partners,
LLC (1044 N115th Street, Suite 400, Omaha, NE 68154)
Notice is hereby given pursuant to 25 Pa. Code §§ 127.44,
127.45, 127.48, 92a.82 and 92a.83 that the Pennsylvania
Department of Environmental Protection (DEP) will hold
a public hearing on Wednesday January 21, 2015, from
7:00 to 8:00 p.m. at South Huntingdon Township
Turkeytown Volunteer Fire Department at 90 Supervisor
Drive West Newton, PA 15089. There will be an open
house immediately preceding the public hearing beginning at 6:00 p.m.
The hearing is to take testimony concerning the DEP’s
intent to issue plan approval no. 65-00990C and NPDES
Permit PA0254771 to Tenaska Pennsylvania Partners,
LLC (Tenaska) for the construction, temporary operation
(plan approval), the discharge of treated cooling tower
blowdown, low volume wastewater and stormwater to the
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
NOTICES
Youghiogheny River (NPDES) from a proposed 930—1,065
MW combined cycle natural gas-fired electric generating
facility known as the Westmoreland Generating Station
in South Huntingdon Township, Westmoreland County. In
addition, the NPDES permit authorizes discharges of
stormwater from parking lots and vegetated areas to
Barren Run and an Unnamed Tributary to the
Youghiogheny River. The DEP published a separate notice
of intent to issue this plan approval in today’s Pennsylvania Bulletin to allow for public comment regarding this
proposal. In accordance with 25 Pa. Code § 92a.82 the
Department published a separate notice of the draft
NPDES permit in the Pennsylvania Bulletin on March 8,
2014 and again on July 12, 2014 to allow for public
comment regarding this proposal. Appointments may be
made to review the DEP files on this case by calling the
File Review Coordinator at 412-442-4000.
In accordance with 25 Pa. Code §§ 127.48, 127.49,
92a.82 and 92a.83 the DEP will accept and record
testimony concerning Tenaska’s applications. Persons
wishing to present testimony at the hearing should
contact Community Relations Coordinator John Poister at
412-442-4203 before 3:00 p.m. on January 21, 2015.
Individuals who do not register may also present testimony the day of the hearing. Organizations are encouraged to designate one witness to present testimony on
behalf of the organization. Persons unable to attend the
hearing may submit three copies of a written statement
and exhibits within 10 days thereafter to the Pennsylvania Department of Environmental Protection, Air Quality
Program or Clean Water Program, 400 Waterfront Drive,
Pittsburgh, PA, 15222. Written submittals must contain
the name, address and telephone number of the person
submitting the comments, identification of the proposed
Plan Approval (PA-65-00990C) or NPDES Permit
(PA0254771) and a concise statement of the objections to
the plan approval or NPDES Permit issuance and the
relevant facts upon which the objections are based.
Individuals in need of an accommodation as provided
for in the Americans With Disabilities Act of 1990 should
contact John Poister or the Pennsylvania AT&T Relay
Service at 1-800-654-5984 (TDD) to discuss how DEP may
accommodate your needs.
Permit for Stormwater Discharges Associated with
Construction Activities
Cambria District Mining Office: 286 Industrial Park
Pollutant
Phosphorus
SUMMARY OF TMDL BASED LOAD
Existing Load
Existing Load
(lbs./yr.)
(lbs./day)
2,052.3
5.6
7953
Road, Ebensburg, PA 15931, 814-472-1900
PAG-2-27-56-13-001, Ridge Energy Company, Inc.,
265 Swamp Road, Clymer, PA 15728. General NPDES
Permit for stormwater discharges associated with construction activities on GFCC Permit No. 56-13-01 in
Shade Township, Somerset County. Receiving streams:
dark shade river classified for the following uses: warm
water fishery. There are no potable water supply intakes
within 10 miles downstream. Notice of Intent for coverage
received: March 21, 2014. Coverage approved: December
2, 2014.
Request for Comments on the Proposed Total
Maximum Daily Load (TMDL) Developed for the
Portion of the Anderson Creek Watershed Affected
by Nutrient Impairment (Subbasin 2—Kratzer and
Bilger Runs); Grampian Township, Clearfield
County
The Department of Environmental Protection will accept comments as of December 20, 2014 for the proposed
TMDL developed for the portion of the Anderson Creek
watershed affected by nutrient impairment, Grampian
Township, Clearfield County, PA. This TMDL was established in accordance with the requirements of Section
303(d) of the Clean Water Act. The 2012 Pennsylvania
Integrated Water Quality Monitoring and Assessment
Report included impaired stream segments in this watershed. The listings of these waterbodies were due to
aquatic impairments caused primarily by agricultural
activities and some on-site wastewater (as of the 2003
TMDL report). There are currently no state or federal
in-stream numerical water quality criteria for total phosphorus. Therefore, the Department utilized a reference
watershed approach to implement the applicable narrative criteria.
This proposed TMDL sets allowable loadings within the
specifically impaired stream segments of the portion of
the Anderson Creek watershed (Subbasin 2 - Kratzer and
Bilger Runs). The loading was allocated among the land
uses of cropland, hay/pasture land, and associated
transitional/disturbed land present in the watershed.
Data used in establishing these TMDLs was generated
using a water quality analysis model (AVGWLF) designed
by the Pennsylvania State University. The following table
shows the estimated current loadings for the watershed.
Overall load reductions necessary in order to meet the
TMDLs are also identified.
REDUCTIONS IN SUBBASIN 2:
TMDL
TMDL
(lbs./yr.)
(lbs./day)
1,590.9
4.4
Percent
Reduction
22%
The data and all supporting documentation used to develop the proposed TMDLs are available from the Department.
The proposed TMDLs and information on the TMDL program can be viewed on the Department’s website
(www.dep.state.pa.us/watermanagement_apps/tmdl/). To request a copy of any of the proposed TMDLs, please contact:
Scott Alexander, Water Program Specialist
Bureau of Point and Non-Point Source Management, Central Office
Pennsylvania Department of Environmental Protection
Rachel Carson State Office Building, Harrisburg, PA 17105
Phone: 717-772-5670,
e-mail: [email protected]
The Department will consider all comments in developing the final TMDLs, which will be submitted to EPA for
approval. Written comments will be accepted at the above address and must be postmarked by 30 days after publication
in the PA Bulletin.
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
7954
NOTICES
Department of Environmental Protection to Withdraw the Sediment and Nutrient TMDLs for
Chickies Creek Watershed
Pennsylvania Department of Environmental Protection (DEP) intends to withdraw, subject to United States
Environmental Protection Agency (EPA) approval, the established sediment and nutrient Total Maximum Daily Loads
(TMDLs) for the Chickies Creek (aka Chiques Creek) watershed. DEP developed, and EPA approved, sediment and
nutrient TMDLs for the Chickies Creek watershed on April 9, 2001. DEP will work with stakeholders and other agencies
to develop an alternative pollutant reduction plan for the watershed.
The Rationale for Withdrawal document can be accessed through the DEP website (http://www.dep.state.pa.us), DEP
keyword: TMDL. Select Chickies Creek TMDL by name.
Please direct any questions about the Chickies Creek TMDL withdrawal to Mr. Bill Brown at (717) 783-2951 or
[email protected]
[Pa.B. Doc. No. 14-2628. Filed for public inspection December 19, 2014, 9:00 a.m.]
Availability of Technical Guidance
Rachel Carson State Office Building, P. O. Box 8460,
Harrisburg, PA 17105-8460, [email protected]
Technical guidance documents are available on the
Department of Environmental Protection’s (Department)
web site at www.elibrary.dep.state.pa.us. The ‘‘Technical
Guidance Final Documents’’ heading is the link to a menu
of the various Department bureaus where each bureau’s
final technical guidance documents are posted. The ‘‘Technical Guidance Draft Documents’’ heading is the link to
the Department’s draft technical guidance documents.
Contact: Jennifer Orr, (717) 787-3411, ep-102regulations@
pa.gov.
Ordering Paper Copies of Department Technical Guidance
The Department encourages the use of the Internet to
view and download technical guidance documents. When
this option is not available, persons can order a paper
copy of any of the Department’s draft or final technical
guidance documents by contacting the Department at
(717) 783-8727.
In addition, bound copies of some of the Department’s
documents are available as Department publications.
Check with the appropriate bureau for more information
about the availability of a particular document as a
publication.
Changes to Technical Guidance Documents
Following is the current list of recent changes. Persons
who have questions or comments about a particular
document should call the contact person whose name and
phone number is listed with each document.
Interim Final Technical Guidance Document
DEP ID: 310-2135-001. Title: Implementation Plan for
Act 162 of 2014. Description: This interim final policy
provides guidance on the Department’s interpretation of
Act 162 of 2014, related to regulatory requirements for
riparian buffers or riparian forest buffers. This interim
final policy provides the framework, rationale and requirements regarding riparian buffers and riparian forest
buffers for applicants proposing projects that require
NPDES permits for Discharges Associated with Construction Activities within 150 feet of a special protection
(High Quality and Exceptional Value) river, stream, creek,
lake, pond or reservoir.
Written Comments: Interested persons may submit written comments on this Interim Final technical guidance
document by February 18, 2015. Comments submitted by
facsimile will not be accepted. Comments, including comments submitted by e-mail must include the originator’s
name and address. Written comments should be submitted to Jennifer Orr, NPDES Construction and Erosion
Control, Bureau of Waterways Engineering and Wetlands,
Effective Date: December 20, 2014
Draft Technical Guidance Document: Substantive Revision
DEP ID: 258-2182-773. Title: Management of Fill. Description: This policy provides the Department’s procedures for determining whether material is clean fill or
regulated fill. Regulated fill may not be used unless a
Solid Waste Management Act (35 P. S. §§ 6018.101—
6018.1003) permit is secured by the individual or entity
using the regulated fill.
Written Comments: Interested persons may submit written comments on this draft technical guidance document
by February 18, 2015. Comments submitted by facsimile
will not be accepted. Comments, including comments
submitted by e-mail must include the originator’s name
and address. Written comments should be submitted to
C. D. Vu, Bureau of Waste Management, Rachel Carson
State Office Building, P. O. Box 69170, Harrisburg, PA
17106-9170, [email protected]
Contact: C. D. Vu, (717) 787-7381, [email protected]
Effective Date: Upon publication as final in the Pennsylvania Bulletin.
DANA K. AUNKST,
Acting Secretary
[Pa.B. Doc. No. 14-2629. Filed for public inspection December 19, 2014, 9:00 a.m.]
Riparian Buffer Amendment; Notice of Availability
The Clean Streams Law (act) (35 P. S. §§ 691.1—
691.1001) was amended by the General Assembly on
October 16, 2014, and signed into law by Governor
Corbett on October 22, 2014 (P. L. 2600, No. 162). Act 162
specifically amended section 402 of the act (35 P. S.
§ 691.402) to add subsection (c). This new subsection is
limited to and addresses riparian buffer requirements in
25 Pa. Code Chapter 102 (relating to erosion and sediment control). The amendments pertain to certain National Pollutant Discharge Elimination System (NPDES)
applications administered by the Department of Environmental Protection (Department). The Department interprets Act 162 as being intended to provide flexibility to
the building industry subject to the mandatory riparian
buffer requirements in 25 Pa. Code Chapter 102. Act 162
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
NOTICES
is effective on December 22, 2014. The amendment does
not otherwise expressly alter the regulatory framework of
25 Pa. Code Chapter 102 or eliminate the use of riparian
buffers or riparian forest buffers as a best management
practice (BMP).
Section 402(c)(1) of the act specifies that only activities
requiring NPDES Permits for Stormwater Discharges
Associated with Construction Activities are eligible for the
alternative buffer requirement provided in section 402(c)
of the act. This provision in Act 162 does not eliminate
the use of the riparian buffer requirements for projects
regulated under 25 Pa. Code Chapter 102, but rather
provides that applicants for an NPDES Permit for
Stormwater Discharges Associated with Construction Activities have as an option to the riparian buffer or
riparian forest buffer BMP, the use of alternative BMPs
or design standards that meet the requirements of section
402(c)(1)(ii) of the act.
Act 162 does not apply to other types of permit
authorizations required under 25 Pa. Code Chapter 102,
such as State permit authorizations for timber harvesting, road maintenance or oil and gas activities (Erosion
and Sediment Control Permits ‘‘E&S permits’’ or Erosion
and Sediment Control General Permits, ‘‘ESCGPs’’).
The Department’s interpretation of Act 162 referred to
herein is not adjudication or a regulation. There is no
intent on the part of the Department to give the contents
of this notice, and the Department’s guidance referred to
in this notice, that weight or deference. This notice
explains the framework within which the Department
will exercise its administrative discretion in the future,
and the Department reserves the discretion to deviate
from that framework if circumstances warrant.
The Department is making several documents available
to be utilized to implement Act 162 including:
• Implementation Plan for Act 162 of 2014 (DEP ID
310-2135-001).
• Frequently Asked Questions (FAQs) and Interim Final Technical Guidance Documents.
Notice of availability of the Implementation Plan for
Act 162 of 2014 (DEP ID 310-2135-001) is being published
separately from this notice at 44 Pa.B. 7954 (December
20, 2014). This Availability of Technical Guidance notice
makes this Interim Final Policy available for use and
provides for a 60-day public comment period. Consult that
announcement for instructions on how to provide comment.
The public comment period for two additional interim
final technical guidance documents, one dealing with the
buffer equivalency demonstration (DEP ID 310-2135-002)
and the other with buffer offsetting (DEP ID 310-2135003), will be announced in the near future. The Department will invite public comments on these interim final
technical guidance documents when notice of availability
of these guidances is published.
Following the specified comment period for each interim final technical guidance document, the Department
will review all submitted comments, prepare a comment
and response document and the final documents package
for these technical guidances. Availability of the final
technical guidance documents will be announced in the
Pennsylvania Bulletin.
7955
The FAQs regarding Act 162 are available on the
Department’s web site at www.dep.state.pa.us (DEP Keyword: Act 162).
DANA K. AUNKST,
Acting Secretary
[Pa.B. Doc. No. 14-2630. Filed for public inspection December 19, 2014, 9:00 a.m.]
DEPARTMENT OF
GENERAL SERVICES
Lease Retail Space to the Commonwealth
Luzerne County
Proposals are invited to provide the Department of
General Services with approximately 4,000 to 5,500 net
usable square feet of retail space for the Liquor Control
Board in the City of Hazleton, Luzerne County. For more
information on SFP No. 94677, which is due on Friday,
January 16, 2015, visit www.dgs.state.pa.us or contact the
Bureau of Real Estate at (717) 787-4394.
SHERI PHILLIPS,
Secretary
[Pa.B. Doc. No. 14-2631. Filed for public inspection December 19, 2014, 9:00 a.m.]
Lease Retail Space to the Commonwealth
Philadelphia County
Proposals are invited to provide the Department of
General Services with approximately 12,000 to 14,000 net
usable square feet of retail space for the Liquor Control
Board in Philadelphia, Philadelphia County. For more
information on SFP No. 94675, which is due on Friday,
March 6, 2015, visit www.dgs.state.pa.us or contact the
Bureau of Real Estate at (717) 787-4394.
SHERI PHILLIPS,
Secretary
[Pa.B. Doc. No. 14-2632. Filed for public inspection December 19, 2014, 9:00 a.m.]
Lease Retail Space to the Commonwealth
Union County
Proposals are invited to provide the Department of
General Services with 5,000 to 6,000 usable square feet of
retail space for the Liquor Control Board in Lewisburg,
Union County. For more information on SFP No. 94676,
which is due on Friday, January 16, 2015, visit www.dgs.
state.pa.us or contact the Bureau of Real Estate at (717)
787-4394.
SHERI PHILLIPS,
Secretary
[Pa.B. Doc. No. 14-2633. Filed for public inspection December 19, 2014, 9:00 a.m.]
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
7956
NOTICES
DEPARTMENT OF HEALTH
Long-Term Care Nursing Facilities; Request for
Exception
hearing impaired persons V/TT (717) 783-6514 or the
Pennsylvania AT&T Relay Service (800) 654-5984 (TT).
MICHAEL WOLF,
Secretary
[Pa.B. Doc. No. 14-2634. Filed for public inspection December 19, 2014, 9:00 a.m.]
The following long-term care nursing facilities are
seeking exceptions to 28 Pa. Code § 211.9(g) (relating to
pharmacy services):
Cumberland Crossings Retirement Community
1 Longsdorf Way
Carlisle, PA 17013
FAC ID # 016502
Hopkins Center
8100 Washington Lane
Wyncote, PA 19095
FAC ID # 083202
The Meadows at Martins Run
11 Martins Run
Media, PA 19063-1057
FAC ID # 390102
Reformed Presbyterian Home
2344 Perrysville Avenue
Pittsburgh, PA 15214
FAC ID # 183002
St. Mary Center for Rehabilitation & Healthcare
701 Lansdale Avenue
Lansdale, PA 19446
FAC ID # 451402
The following long-term care nursing facility is seeking
an exception to 28 Pa. Code § 201.3 (relating to definitions):
Messiah Lifeways at Messiah Village
100 Mount Allen Drive
Mechanicsburg, PA 17055
FAC ID # 910802
The following long-term care nursing facility is seeking
an exception to 28 Pa. Code § 205.67(k) (relating to
electric requirements for existing and new construction):
Cross Keys Village—The Brethren Home Community
P. O. Box 128, 2990 Carlisle Pike
New Oxford, PA 17350-0128
FAC ID # 022502
These requests are on file with the Department of
Health (Department). Persons may receive a copy of a
request for exception by requesting a copy from the
Department of Health, Division of Nursing Care Facilities, Room 526, Health and Welfare Building, Harrisburg, PA 17120, (717) 787-1816, fax (717) 772-2163,
[email protected]
Persons who wish to comment on an exception request
may do so by sending a letter by mail, e-mail or facsimile
to the Division at the address listed previously.
Comments received by the Department within 10 days
after the date of publication of this notice will be
reviewed by the Department before it decides whether to
approve or disapprove the request for exception.
Persons with a disability who wish to obtain a copy of
the request and/or provide comments to the Department
and require an auxiliary aid, service or other accommodation to do so should contact the Division at the address or
phone number listed previously, or for speech and/or
Renal Disease Advisory Committee Meeting
The Renal Disease Advisory Committee, established by
section 4 of the act of June 23, 1970 (P. L. 419, No. 140)
(35 P. S. § 6204), will hold its quarterly public meeting on
Friday, January 16, 2015, from 10 a.m. to 1 p.m. The
purpose of the meeting is to discuss new and ongoing
issues relating to treatment of chronic renal disease and
the Department of Health’s programs related to care and
treatment. The meeting will be held in Conference Room
907, Health and Welfare Building, 625 Forster Street,
Harrisburg, PA 17120.
For additional information, or for persons with a disability who wish to attend the meeting and require an
auxiliary aid, service or other accommodation to do so
should contact Carolyn S. Cass, Director, Bureau of
Family Health, Division of Child and Adult Health Services, 7th Floor East, Health and Welfare Building, 625
Forster Street, Harrisburg, PA 17120, (717) 772-2762. For
speech and/or hearing impaired persons call V/TT (717)
783-6514 or the Pennsylvania AT&T Relay Service at
(800) 654-5984.
This meeting is subject to cancellation without notice.
MICHAEL WOLF,
Secretary
[Pa.B. Doc. No. 14-2635. Filed for public inspection December 19, 2014, 9:00 a.m.]
Special Supplemental Nutrition Program for
Women, Infants and Children (WIC Program);
Maximum Allowable Prices and Competitive
Prices
Maximum Allowable Prices and Competitive Prices
for Type 1 Stores in Regular Cost Counties
Under 28 Pa. Code §§ 1103.4(5) and 1105.3(a)(1) (relating to selection criteria for authorization and reauthorization; and terms and conditions of participation) and 7
CFR 246.12 (relating to food delivery systems), the WIC
Program hereby publishes notice of the Maximum Allowable Prices and Competitive Prices for Type 1 Stores in
Regular Cost Counties.
Maximum Allowable Prices
Effective January 1, 2015, through March 31, 2015, the
Maximum Allowable Prices the Department of Health will
pay Type 1 Stores in Regular Cost Counties for WIC
allowable foods are as follows:
Description
Maximum
Allowable
Price
Beans, Canned—15.5/16 oz.. . . . . . . . . . . . . . . . . . . . .
Beans/Peas—Dry—16 oz. . . . . . . . . . . . . . . . . . . . . . . .
Canned Fish—Pink Salmon. . . . . . . . . . . . . . . . . . . . .
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
$1.25
$2.18
$2.19
NOTICES
Maximum
Allowable
Description
Price
Canned Fish—Sardines . . . . . . . . . . . . . . . . . . . . . . . .
$1.50
Canned Fish—Tuna . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$1.29
Cereal (per oz.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$0.33
Cheese, 16 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$7.31
Eggs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$2.58
Gerber Infant Cereal—8 oz.. . . . . . . . . . . . . . . . . . . . .
$2.25
Infant Fruits, 100%—4 oz. . . . . . . . . . . . . . . . . . . . . . .
$0.69
Infant Vegetables, 100%—4 oz.. . . . . . . . . . . . . . . . . .
$0.69
Infant Meats, 100%—2.5 oz. . . . . . . . . . . . . . . . . . . . .
$1.06
Juice—11.5/12 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$2.36
Juice—48 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$3.00
Juice—64 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$3.89
Kosher Cheese—16 oz. . . . . . . . . . . . . . . . . . . . . . . . . .
$8.40
Kosher Low Fat Milk—quart . . . . . . . . . . . . . . . . . . .
$1.69
Kosher Low Fat Milk—1/2 gallon . . . . . . . . . . . . . . .
$3.27
Kosher Whole Milk—quart . . . . . . . . . . . . . . . . . . . . .
$1.80
Kosher Whole Milk—1/2 gallon . . . . . . . . . . . . . . . . .
$3.37
Milk, Dry—9.6 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$4.27
Milk, Dry—25.6 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$9.40
Milk, Evaporated—12 oz. . . . . . . . . . . . . . . . . . . . . . . .
$1.43
Milk, Low Fat—quart . . . . . . . . . . . . . . . . . . . . . . . . . .
$1.36
Milk, Low Fat—1/2 gallon . . . . . . . . . . . . . . . . . . . . . .
$2.49
Milk, Low Fat Lactose Free—quart . . . . . . . . . . . . .
$2.32
Milk, Low Fat Lactose Free—1/2 gallon . . . . . . . . .
$3.89
Milk, Whole—quart . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$1.45
Milk, Whole—1/2 gallon . . . . . . . . . . . . . . . . . . . . . . . .
$2.49
Milk, Whole Lactose Free—quart . . . . . . . . . . . . . . .
$2.47
Milk, Whole Lactose Free—1/2 gallon . . . . . . . . . . .
$3.79
Peanut Butter—16-18 oz. . . . . . . . . . . . . . . . . . . . . . . .
$3.29
Soy Beverage—Pacific Natural Foods 32 oz.. . . . . .
$3.29
Soy Beverage—8th Continent 64 oz. . . . . . . . . . . . . .
$3.49
Tofu—16 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$2.57
$3.49
Whole Grain—Bread, 16 oz. . . . . . . . . . . . . . . . . . . . .
Whole Grain—Bread, 24 oz. . . . . . . . . . . . . . . . . . . . .
$3.95
Whole Grain—Brown Rice, 16 oz. . . . . . . . . . . . . . . .
$1.75
Whole Grain—Brown Rice, 24 oz. . . . . . . . . . . . . . . .
$3.32
Whole Grain—Oats, 16 oz.. . . . . . . . . . . . . . . . . . . . . .
$2.44
Whole Grain—Oats, 24 oz.. . . . . . . . . . . . . . . . . . . . . .
$5.39
Whole Grain—Soft Corn or Whole Wheat
Tortillas, 16 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$2.57
Boost RTF Formula—8 oz.. . . . . . . . . . . . . . . . . . . . . .
$1.69
EnfaCare RTF Formula—32 oz. . . . . . . . . . . . . . . . . .
$7.25
EnfaCare w/Iron Powder Formula—12.8 oz.. . . . . . $16.54
Nutramigen Concentrate Formula—13 oz. . . . . . . .
$7.39
Nutramigen RTF Formula—32 oz. . . . . . . . . . . . . . .
$9.60
Nutramigen w/Enflora Powder Formula—
12.6 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $24.50
Pediasure RTF Formula—8 oz.. . . . . . . . . . . . . . . . . .
$1.92
Pediasure w/Fiber RTF Formula—8 oz. . . . . . . . . . .
$1.99
Pediasure Sidekicks RTF Formula—8 oz. . . . . . . . .
$1.85
Similac Advance Concentrate Formula—Blue—
13 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$4.95
Similac Advance RTF Formula—Blue—32 oz. . . . .
$7.45
Similac Advance Powder Formula—Blue—
12.4 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $15.46
Similac Expert Care Alimentum RTF Formula—
32 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$9.59
Similac Expert Care Alimentum Powder
Formula—16 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $27.99
Similac Expert Care for Diarrhea RTF Formula—
32 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$7.59
Similac Expert Care NeoSure RTF Formula—
32 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$7.89
Similac Expert Care NeoSure Powder Formula—
13.1 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $16.19
7957
Maximum
Allowable
Price
Description
Similac Go & Grow Powder Milk Based
Formula—Blue—1.38 lbs. . . . . . . . . . . . . . . . . . . . . $22.49
Similac Go & Grow Powder Soy Based Formula—
Pink—1.38 lbs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $22.35
Similac for Spit Up RTF Formula—Green—
32 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$7.65
Similac for Spit Up Powder Formula—Green—
12.3 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $15.69
Similac for Spit Up Powder Formula—Green—
12.0 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $15.69
Similac Sensitive RTF Formula—Orange—32 oz. .
$7.29
Similac Sensitive Powder Formula—Orange—
12.6 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $15.39
Similac Sensitive Powder Formula—Orange—
12.0 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $15.39
Similac Soy Isomil Concentrate Formula—Pink—
13 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$5.11
Similac Soy Isomil RTF Formula—Pink—32 oz. . .
$7.59
Similac Soy Isomil Powder Formula—Pink—
12.4 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $15.89
Similac Total Comfort Powder Formula—Purple—
12.6 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $16.09
Similac Total Comfort Powder Formula—Purple—
12.0 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $16.09
A store must permit purchase of WIC allowable foods
that exceed the maximum allowable price to WIC participants using a WIC check; however, the amounts that
exceed the maximum allowable price of any WIC allowable foods sold to WIC participants will be billed to the
store on a quarterly basis in accordance with 28 Pa. Code
§ 1105.2 (relating to price adjustment).
Competitive Prices
To remain WIC Authorized, each store must maintain
the minimum inventory of the following WIC food items
at, or below, the Competitive Prices listed for the store’s
peer group. Effective, the Competitive Prices January 1,
2015, through March 31, 2015, for WIC Authorization for
Type 1 Stores in Regular Cost Counties are as follows:
Competitive
Description
Prices
Beans, Canned—15.5/16 oz.. . . . . . . . . . . . . . . . . . . . .
$1.19
Beans/Peas—Dry—16 oz. . . . . . . . . . . . . . . . . . . . . . . .
$1.98
Canned Fish—Pink Salmon. . . . . . . . . . . . . . . . . . . . .
$2.19
Canned Fish—Sardines . . . . . . . . . . . . . . . . . . . . . . . .
$1.43
Canned Fish—Tuna . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$1.19
Cereal (per oz.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$0.31
Cheese, 16 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$6.84
Eggs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$2.51
Gerber Infant Cereal—8 oz.. . . . . . . . . . . . . . . . . . . . .
$2.19
Infant Fruits, 100%—4 oz. . . . . . . . . . . . . . . . . . . . . . .
$0.64
Infant Vegetables, 100%—4 oz.. . . . . . . . . . . . . . . . . .
$0.64
Infant Meats, 100%—2.5 oz. . . . . . . . . . . . . . . . . . . . .
$1.03
Juice—11.5/12 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$2.22
Juice—48 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$3.00
Juice—64 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$3.59
Kosher Cheese—16 oz. . . . . . . . . . . . . . . . . . . . . . . . . .
$7.79
Kosher Low Fat Milk—1/2 gallon . . . . . . . . . . . . . . .
$3.15
Kosher Whole Milk—1/2 gallon . . . . . . . . . . . . . . . . .
$3.19
Milk, Low Fat—1/2 gallon . . . . . . . . . . . . . . . . . . . . . .
$2.35
Milk, Whole—1/2 gallon . . . . . . . . . . . . . . . . . . . . . . . .
$2.42
Peanut Butter—16-18 oz. . . . . . . . . . . . . . . . . . . . . . . .
$3.20
Whole Grain—Bread, 16 oz. . . . . . . . . . . . . . . . . . . . .
$3.35
Whole Grain—Brown Rice, 16 oz. . . . . . . . . . . . . . . .
$1.69
Whole Grain—Oats, 16 oz.. . . . . . . . . . . . . . . . . . . . . .
$2.39
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
7958
NOTICES
Competitive
Description
Prices
Whole Grain—Soft Corn or Whole Wheat
Tortillas, 16 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$2.43
Similac Advance Concentrate Formula—Blue—
13 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$4.95
Similac Advance Powder Formula—Blue—
12.4 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $15.46
Similac Soy Isomil Concentrate Formula—Pink—
13 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$5.11
Similac Soy Isomil Powder Formula—Pink—
12.4 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $15.89
Maximum Allowable Prices and Competitive Prices
for Type 2 Stores in Regular Cost Counties
Under 28 Pa. Code §§ 1103.4(5) and 1105.3(a)(1) and 7
CFR 246.12, the WIC Program hereby publishes notice of
the Maximum Allowable Prices and Competitive Prices
for Type 2 Stores in Regular Cost Counties.
Maximum Allowable Prices
Effective January 1, 2015, through March 31, 2015, the
Maximum Allowable Prices the Department of Health will
pay Type 2 Stores in Regular Cost Counties for WIC
allowable foods are as follows:
Maximum
Allowable
Description
Price
Beans, Canned—15.5/16 oz.. . . . . . . . . . . . . . . . . . . . .
$1.35
Beans/Peas—Dry—16 oz. . . . . . . . . . . . . . . . . . . . . . . .
$2.26
Canned Fish—Pink Salmon. . . . . . . . . . . . . . . . . . . . .
$2.22
Canned Fish—Sardines . . . . . . . . . . . . . . . . . . . . . . . .
$1.59
Canned Fish—Tuna . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$1.35
Cereal (per oz.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$0.34
Cheese, 16 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$7.33
Eggs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$2.68
Gerber Infant Cereal—8 oz.. . . . . . . . . . . . . . . . . . . . .
$2.30
Infant Fruits, 100%—4 oz. . . . . . . . . . . . . . . . . . . . . . .
$0.71
Infant Vegetables, 100%—4 oz.. . . . . . . . . . . . . . . . . .
$0.71
Infant Meats, 100%—2.5 oz. . . . . . . . . . . . . . . . . . . . .
$1.12
Juice—11.5/12 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$2.51
Juice—48 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$3.19
Juice—64 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$4.18
Kosher Cheese—16 oz. . . . . . . . . . . . . . . . . . . . . . . . . .
$8.40
Kosher Low Fat Milk—quart . . . . . . . . . . . . . . . . . . .
$1.69
Kosher Low Fat Milk—1/2 gallon . . . . . . . . . . . . . . .
$3.27
Kosher Whole Milk—quart . . . . . . . . . . . . . . . . . . . . .
$1.80
Kosher Whole Milk—1/2 gallon . . . . . . . . . . . . . . . . .
$3.37
Milk, Dry—9.6 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$4.46
Milk, Dry—25.6 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$9.47
Milk, Evaporated—12 oz. . . . . . . . . . . . . . . . . . . . . . . .
$1.53
Milk, Low Fat—quart . . . . . . . . . . . . . . . . . . . . . . . . . .
$1.42
Milk, Low Fat—1/2 gallon . . . . . . . . . . . . . . . . . . . . . .
$2.52
Milk, Low Fat Lactose Free—quart . . . . . . . . . . . . .
$2.42
Milk, Low Fat Lactose Free—1/2 gallon . . . . . . . . .
$4.09
Milk, Whole—quart . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$1.50
Milk, Whole—1/2 gallon . . . . . . . . . . . . . . . . . . . . . . . .
$2.59
Milk, Whole Lactose Free—quart . . . . . . . . . . . . . . .
$2.56
Milk, Whole Lactose Free—1/2 gallon . . . . . . . . . . .
$4.19
Peanut Butter—16-18 oz. . . . . . . . . . . . . . . . . . . . . . . .
$3.49
Soy Beverage—Pacific Natural Foods 32 oz.. . . . . .
$3.35
Soy Beverage—8th Continent 64 oz. . . . . . . . . . . . . .
$3.59
Tofu—16 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$2.62
Whole Grain—Bread, 16 oz. . . . . . . . . . . . . . . . . . . . .
$3.55
Whole Grain—Bread, 24 oz. . . . . . . . . . . . . . . . . . . . .
$4.00
Whole Grain—Brown Rice, 16 oz. . . . . . . . . . . . . . . .
$1.95
Whole Grain—Brown Rice, 24 oz. . . . . . . . . . . . . . . .
$3.39
Whole Grain—Oats, 16 oz.. . . . . . . . . . . . . . . . . . . . . .
$2.49
Maximum
Allowable
Description
Price
Whole Grain—Oats, 24 oz.. . . . . . . . . . . . . . . . . . . . . .
$5.89
Whole Grain—Soft Corn or Whole Wheat
Tortillas, 16 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$2.59
Boost RTF Formula—8 oz.. . . . . . . . . . . . . . . . . . . . . .
$1.75
EnfaCare RTF Formula—32 oz. . . . . . . . . . . . . . . . . .
$7.39
EnfaCare w/Iron Powder Formula—12.8 oz.. . . . . . $16.54
Nutramigen Concentrate Formula—13 oz. . . . . . . .
$7.45
Nutramigen RTF Formula—32 oz. . . . . . . . . . . . . . .
$9.69
Nutramigen w/Enflora Powder Formula—
12.6 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $24.55
Pediasure RTF Formula—8 oz.. . . . . . . . . . . . . . . . . .
$1.99
Pediasure w/Fiber RTF Formula—8 oz. . . . . . . . . . .
$2.05
Pediasure Sidekicks RTF Formula—8 oz. . . . . . . . .
$1.94
Similac Advance Concentrate—Blue Formula—
13 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$5.00
Similac Advance RTF—Blue Formula—32 oz. . . . .
$7.55
Similac Advance Powder—Blue Formula—
12.4 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $15.58
Similac Expert Care Alimentum RTF Formula—
32 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$9.69
Similac Expert Care Alimentum Powder
Formula—16 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $28.29
Similac Expert Care for Diarrhea RTF Formula—
32 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$7.69
Similac Expert Care NeoSure RTF Formula—
32 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$7.99
Similac Expert Care NeoSure Powder Formula—
13.1 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $16.29
Similac Go & Grow Powder Milk Based
Formula—Blue—1.38 lbs. . . . . . . . . . . . . . . . . . . . . $22.55
Similac Go & Grow Powder Soy Based Formula—
Pink—1.38 lbs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $22.45
Similac for Spit Up RTF Formula—Green—
32 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$7.75
Similac for Spit Up Powder Formula—Green—
12.3 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $15.99
Similac for Spit Up Powder Formula—Green—
12.0 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $15.99
Similac Sensitive RTF Formula—Orange—32 oz. .
$7.50
Similac Sensitive Powder Formula—Orange—
12.6 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $15.59
Similac Sensitive Powder Formula—Orange—
12.0 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $15.59
Similac Soy Isomil Concentrate—Pink Formula—
13 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$5.29
Similac Soy Isomil RTF—Pink Formula—32 oz. . .
$7.79
Similac Soy Isomil Powder—Pink Formula—
12.4 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $16.19
Similac Total Comfort Powder Formula—Purple—
12.6 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $16.19
Similac Total Comfort Powder Formula—Purple—
12.0 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $16.19
A store must permit purchase of WIC allowable foods
that exceed the maximum allowable price to WIC participants using a WIC check; however, the amounts that
exceed the maximum allowable price of any WIC allowable foods sold to WIC participants will be billed to the
store on a quarterly basis in accordance with 28 Pa. Code
§ 1105.2.
Competitive Prices
To remain WIC Authorized, each store must maintain
the minimum inventory of the following WIC food items
at, or below, the Competitive Prices listed for the store’s
peer group. Effective January 1, 2015, through March 31,
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
NOTICES
2015, the Competitive Prices for WIC Authorization for
Type 2 Stores in Regular Cost Counties are as follows:
Competitive
Description
Prices
Beans, Canned—15.5/16 oz.. . . . . . . . . . . . . . . . . . . . .
$1.20
Beans/Peas—Dry—16 oz. . . . . . . . . . . . . . . . . . . . . . . .
$2.10
Canned Fish—Pink Salmon. . . . . . . . . . . . . . . . . . . . .
$2.25
Canned Fish—Sardines . . . . . . . . . . . . . . . . . . . . . . . .
$1.49
Canned Fish—Tuna . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$1.27
Cereal (per oz.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$0.32
Cheese, 16 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$6.86
Eggs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$2.57
Gerber Infant Cereal—8 oz.. . . . . . . . . . . . . . . . . . . . .
$2.25
Infant Fruits, 100%—4 oz. . . . . . . . . . . . . . . . . . . . . . .
$0.69
Infant Vegetables, 100%—4 oz.. . . . . . . . . . . . . . . . . .
$0.69
Infant Meats, 100%—2.5 oz. . . . . . . . . . . . . . . . . . . . .
$1.10
Juice—11.5/12 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$2.42
Juice—48 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$3.07
Juice—64 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$3.85
Kosher Cheese—16 oz. . . . . . . . . . . . . . . . . . . . . . . . . .
$7.89
Kosher Low Fat Milk—1/2 gallon . . . . . . . . . . . . . . .
$3.19
Kosher Whole Milk—1/2 gallon . . . . . . . . . . . . . . . . .
$3.25
Milk, Low Fat—1/2 gallon . . . . . . . . . . . . . . . . . . . . . .
$2.39
Milk, Whole—1/2 gallon . . . . . . . . . . . . . . . . . . . . . . . .
$2.45
Peanut Butter—16-18 oz. . . . . . . . . . . . . . . . . . . . . . . .
$3.30
Whole Grain—Bread, 16 oz. . . . . . . . . . . . . . . . . . . . .
$3.39
Whole Grain—Brown Rice, 16 oz. . . . . . . . . . . . . . . .
$1.79
Whole Grain—Oats, 16 oz.. . . . . . . . . . . . . . . . . . . . . .
$2.49
Whole Grain—Soft Corn or Whole Wheat
Tortillas, 16 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$2.45
Similac Advance Concentrate Formula—Blue—
13 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$5.00
Similac Advance Powder Formula—Blue—
12.4 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $15.58
Similac Soy Isomil Concentrate Formula—Pink—
13 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$5.29
Similac Soy Isomil Powder Formula—Pink—
12.4 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $16.19
Maximum Allowable Prices and Competitive Prices
for Type 3 Stores in Regular Cost Counties
Under 28 Pa. Code §§ 1103.4(5) and 1105.3(a)(1) and 7
CFR 246.12, the WIC Program hereby publishes notice of
the Maximum Allowable Prices and Competitive Prices
for Type 3 Stores in Regular Cost Counties.
Maximum Allowable Prices
Effective January 1, 2015, through March 31, 2015, the
Maximum Allowable Prices the Department of Health will
pay Type 3 Stores in Regular Cost Counties for WIC
allowable foods are as follows:
Maximum
Allowable
Description
Price
Beans, Canned—15.5/16 oz.. . . . . . . . . . . . . . . . . . . . .
$1.37
Beans/Peas—Dry—16 oz. . . . . . . . . . . . . . . . . . . . . . . .
$2.35
Canned Fish—Pink Salmon. . . . . . . . . . . . . . . . . . . . .
$2.28
Canned Fish—Sardines . . . . . . . . . . . . . . . . . . . . . . . .
$1.65
Canned Fish—Tuna . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$1.40
Cereal (per oz.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$0.36
Cheese, 16 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$7.35
Eggs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$2.78
Gerber Infant Cereal—8 oz.. . . . . . . . . . . . . . . . . . . . .
$2.33
Infant Fruits, 100%—4 oz. . . . . . . . . . . . . . . . . . . . . . .
$0.72
Infant Vegetables, 100%—4 oz.. . . . . . . . . . . . . . . . . .
$0.72
Infant Meats, 100%—2.5 oz. . . . . . . . . . . . . . . . . . . . .
$1.17
Juice—11.5/12 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$2.56
Juice—48 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$3.25
Description
7959
Maximum
Allowable
Price
Juice—64 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Kosher Cheese—16 oz. . . . . . . . . . . . . . . . . . . . . . . . . .
Kosher Low Fat Milk—quart . . . . . . . . . . . . . . . . . . .
Kosher Low Fat Milk—1/2 gallon . . . . . . . . . . . . . . .
Kosher Whole Milk—quart . . . . . . . . . . . . . . . . . . . . .
Kosher Whole Milk—1/2 gallon . . . . . . . . . . . . . . . . .
Milk, Dry—9.6 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Milk, Dry—25.6 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Milk, Evaporated—12 oz. . . . . . . . . . . . . . . . . . . . . . . .
Milk, Low Fat—quart . . . . . . . . . . . . . . . . . . . . . . . . . .
Milk, Low Fat—1/2 gallon . . . . . . . . . . . . . . . . . . . . . .
Milk, Low Fat Lactose Free—quart . . . . . . . . . . . . .
Milk, Low Fat Lactose Free—1/2 gallon . . . . . . . . .
Milk, Whole—quart . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Milk, Whole—1/2 gallon . . . . . . . . . . . . . . . . . . . . . . . .
Milk, Whole Lactose Free—quart . . . . . . . . . . . . . . .
Milk, Whole Lactose Free—1/2 gallon . . . . . . . . . . .
Peanut Butter—16-18 oz. . . . . . . . . . . . . . . . . . . . . . . .
Soy Beverage—Pacific Natural Foods 32 oz.. . . . . .
Soy Beverage—8th Continent 64 oz. . . . . . . . . . . . . .
Tofu—16 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Whole Grain—Bread, 16 oz. . . . . . . . . . . . . . . . . . . . .
Whole Grain—Bread, 24 oz. . . . . . . . . . . . . . . . . . . . .
Whole Grain—Brown Rice, 16 oz. . . . . . . . . . . . . . . .
Whole Grain—Brown Rice, 24 oz. . . . . . . . . . . . . . . .
Whole Grain—Oats, 16 oz.. . . . . . . . . . . . . . . . . . . . . .
Whole Grain—Oats, 24 oz.. . . . . . . . . . . . . . . . . . . . . .
Whole Grain—Soft Corn or Whole Wheat
Tortillas, 16 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Boost RTF Formula—8 oz.. . . . . . . . . . . . . . . . . . . . . .
EnfaCare RTF Formula—32 oz. . . . . . . . . . . . . . . . . .
EnfaCare w/Iron Powder Formula—12.8 oz.. . . . . .
Nutramigen Concentrate Formula—13 oz. . . . . . . .
Nutramigen RTF Formula—32 oz. . . . . . . . . . . . . . .
Nutramigen w/Enflora Powder Formula—
12.6 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Pediasure RTF Formula—8 oz.. . . . . . . . . . . . . . . . . .
Pediasure w/Fiber RTF Formula—8 oz. . . . . . . . . . .
Pediasure Sidekicks RTF Formula—8 oz. . . . . . . . .
Similac Advance Concentrate Formula—Blue—
13 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Similac Advance RTF Formula—Blue—32 oz. . . . .
Similac Advance Powder Formula—Blue—
12.4 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Similac Expert Care Alimentum RTF Formula—
32 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Similac Expert Care Alimentum Powder
Formula—16 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Similac Expert Care for Diarrhea RTF Formula—
32 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Similac Expert Care NeoSure RTF Formula—
32 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Similac Expert Care NeoSure Powder Formula—
13.1 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Similac Go & Grow Powder Milk Based
Formula—Blue—1.38 lbs. . . . . . . . . . . . . . . . . . . . .
Similac Go & Grow Powder Soy Based Formula—
Pink—1.38 lbs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Similac for Spit Up RTF Formula—Green—
32 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Similac for Spit Up Powder Formula—Green—
12.3 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Similac for Spit Up Powder Formula—Green—
12.0 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Similac Sensitive RTF Formula—Orange—32 oz. .
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
$4.27
$8.40
$1.69
$3.27
$1.80
$3.37
$4.55
$9.59
$1.60
$1.47
$2.62
$2.49
$4.19
$1.57
$2.69
$2.66
$4.25
$3.59
$3.45
$3.76
$2.72
$3.63
$4.07
$2.00
$3.59
$2.60
$6.11
$2.64
$1.79
$7.69
$17.31
$7.49
$9.75
$24.65
$1.99
$2.09
$2.03
$5.15
$7.65
$16.37
$9.79
$28.69
$7.79
$8.09
$16.39
$23.29
$23.00
$7.80
$16.29
$16.29
$7.99
7960
NOTICES
Maximum
Allowable
Price
Description
Similac Sensitive Powder Formula—Orange—
12.6 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Similac Sensitive Powder Formula—Orange—
12.0 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Similac Soy Isomil Concentrate Formula—Pink—
13 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Similac Soy Isomil RTF Formula—Pink—32 oz. . .
Similac Soy Isomil Powder Formula—Pink—
12.4 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Similac Total Comfort Powder Formula—Purple—
12.6 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Similac Total Comfort Powder Formula—Purple—
12.0 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$15.79
$15.79
$5.39
$7.99
$16.39
$16.59
$16.59
A store must permit purchase of WIC allowable foods
that exceed the maximum allowable price to WIC participants using a WIC check; however, the amounts that
exceed the maximum allowable price of any WIC allowable foods sold to WIC participants will be billed to the
store on a quarterly basis in accordance with 28 Pa. Code
§ 1105.2.
Competitive Prices
To remain WIC Authorized, each store must maintain
the minimum inventory of the following WIC food items
at, or below, the Competitive Prices listed for the store’s
peer group. Effective January 1, 2015, through March 31,
2015, the Competitive Prices for WIC authorization for
Type 3 Stores in Regular Cost Counties are as follows:
Competitive
Description
Prices
Beans, Canned—15.5/16 oz.. . . . . . . . . . . . . . . . . . . . .
$1.29
Beans/Peas—Dry—16 oz. . . . . . . . . . . . . . . . . . . . . . . .
$2.12
Canned Fish—Pink Salmon. . . . . . . . . . . . . . . . . . . . .
$2.29
Canned Fish—Sardines . . . . . . . . . . . . . . . . . . . . . . . .
$1.54
Canned Fish—Tuna . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$1.30
Cereal (per oz.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$0.34
Cheese, 16 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$6.88
Eggs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$2.61
Gerber Infant Cereal—8 oz.. . . . . . . . . . . . . . . . . . . . .
$2.30
Infant Fruits, 100%—4 oz. . . . . . . . . . . . . . . . . . . . . . .
$0.72
Infant Vegetables, 100%—4 oz.. . . . . . . . . . . . . . . . . .
$0.72
Infant Meats, 100%—2.5 oz. . . . . . . . . . . . . . . . . . . . .
$1.15
Juice—11.5/12 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$2.47
Juice—48 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$3.29
Juice—64 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$4.00
Kosher Cheese—16 oz. . . . . . . . . . . . . . . . . . . . . . . . . .
$8.30
Kosher Low Fat Milk—1/2 gallon . . . . . . . . . . . . . . .
$3.29
Kosher Whole Milk—1/2 gallon . . . . . . . . . . . . . . . . .
$3.35
Milk, Low Fat—1/2 gallon . . . . . . . . . . . . . . . . . . . . . .
$2.49
Milk, Whole—1/2 gallon . . . . . . . . . . . . . . . . . . . . . . . .
$2.52
Peanut Butter—16-18 oz. . . . . . . . . . . . . . . . . . . . . . . .
$3.40
Whole Grain—Bread, 16 oz. . . . . . . . . . . . . . . . . . . . .
$3.45
Whole Grain—Brown Rice, 16 oz. . . . . . . . . . . . . . . .
$2.05
Whole Grain—Oats, 16 oz.. . . . . . . . . . . . . . . . . . . . . .
$2.65
Whole Grain—Soft Corn or Whole Wheat
Tortillas, 16 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$2.58
Similac Advance Concentrate Formula—Blue—
13 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$5.15
Similac Advance Powder Formula—Blue—
12.4 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $16.37
Similac Soy Isomil Concentrate Formula—Pink—
13 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$5.39
Similac Soy Isomil Powder Formula—Pink—12.4
oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $16.39
Maximum Allowable Prices and Competitive Prices
for Type 1 Stores in High Cost Counties
Under 28 Pa. Code §§ 1103.4(5) and 1105.3(a)(1) and 7
CFR 246.12, the WIC Program hereby publishes notice of
the Maximum Allowable Prices and Competitive Prices
for Type 1 Stores in High Cost Counties.
Maximum Allowable Prices
Effective January 1, 2015, through March 31, 2015, the
Maximum Allowable Prices the Department of Health will
pay Type 1 Stores in High Cost Counties for WIC
allowable foods are as follows:
Maximum
Allowable
Description
Price
Beans, Canned—15.5/16 oz.. . . . . . . . . . . . . . . . . . . . .
$1.28
Beans/Peas—Dry—16 oz. . . . . . . . . . . . . . . . . . . . . . . .
$2.20
Canned Fish—Pink Salmon. . . . . . . . . . . . . . . . . . . . .
$2.22
Canned Fish—Sardines . . . . . . . . . . . . . . . . . . . . . . . .
$1.60
Canned Fish—Tuna . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$1.35
Cereal (per oz.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$0.34
Cheese, 16 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$7.45
Eggs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$2.68
Gerber Infant Cereal—8 oz.. . . . . . . . . . . . . . . . . . . . .
$2.32
Infant Fruits, 100%—4 oz. . . . . . . . . . . . . . . . . . . . . . .
$0.72
Infant Vegetables, 100%—4 oz.. . . . . . . . . . . . . . . . . .
$0.72
Infant Meats, 100%—2.5 oz. . . . . . . . . . . . . . . . . . . . .
$1.09
Juice—11.5/12 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$2.45
Juice—48 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$3.14
Juice—64 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$3.95
Kosher Cheese—16 oz. . . . . . . . . . . . . . . . . . . . . . . . . .
$8.40
Kosher Low Fat Milk—quart . . . . . . . . . . . . . . . . . . .
$1.69
Kosher Low Fat Milk—1/2 gallon . . . . . . . . . . . . . . .
$3.27
Kosher Whole Milk—quart . . . . . . . . . . . . . . . . . . . . .
$1.80
Kosher Whole Milk—1/2 gallon . . . . . . . . . . . . . . . . .
$3.37
Milk, Dry—9.6 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$4.43
Milk, Dry—25.6 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$9.42
$1.49
Milk, Evaporated—12 oz. . . . . . . . . . . . . . . . . . . . . . . .
Milk, Low Fat—quart . . . . . . . . . . . . . . . . . . . . . . . . . .
$1.40
Milk, Low Fat—1/2 gallon . . . . . . . . . . . . . . . . . . . . . .
$2.52
Milk, Low Fat Lactose Free—quart . . . . . . . . . . . . .
$2.42
Milk, Low Fat Lactose Free—1/2 gallon . . . . . . . . .
$3.99
Milk, Whole—quart . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$1.52
Milk, Whole—1/2 gallon . . . . . . . . . . . . . . . . . . . . . . . .
$2.59
Milk, Whole Lactose Free—quart . . . . . . . . . . . . . . .
$2.55
Milk, Whole Lactose Free—1/2 gallon . . . . . . . . . . .
$3.89
Peanut Butter—16-18 oz. . . . . . . . . . . . . . . . . . . . . . . .
$3.40
Soy Beverage—Pacific Natural Foods 32 oz.. . . . . .
$3.35
Soy Beverage—8th Continent 64 oz. . . . . . . . . . . . . .
$3.55
Tofu—16 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$2.61
Whole Grain—Bread, 16 oz. . . . . . . . . . . . . . . . . . . . .
$3.55
Whole Grain—Bread, 24 oz. . . . . . . . . . . . . . . . . . . . .
$3.99
Whole Grain—Brown Rice, 16 oz. . . . . . . . . . . . . . . .
$1.95
Whole Grain—Brown Rice, 24 oz. . . . . . . . . . . . . . . .
$3.39
Whole Grain—Oats, 16 oz.. . . . . . . . . . . . . . . . . . . . . .
$2.52
Whole Grain—Oats, 24 oz.. . . . . . . . . . . . . . . . . . . . . .
$5.49
Whole Grain—Soft Corn or Whole Wheat
Tortillas, 16 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$2.59
Boost RTF Formula—8 oz.. . . . . . . . . . . . . . . . . . . . . .
$1.70
EnfaCare RTF Formula—32 oz. . . . . . . . . . . . . . . . . .
$7.35
EnfaCare w/Iron Powder Formula—12.8 oz.. . . . . . $16.74
Nutramigen Concentrate Formula—13 oz. . . . . . . .
$7.43
Nutramigen RTF Formula—32 oz. . . . . . . . . . . . . . .
$9.65
Nutramigen w/Enflora Powder Formula—
12.6 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $24.55
Pediasure RTF Formula—8 oz.. . . . . . . . . . . . . . . . . .
$2.04
Pediasure w/Fiber RTF Formula—8 oz. . . . . . . . . . .
$2.05
Pediasure Sidekicks RTF Formula—8 oz. . . . . . . . .
$1.89
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
NOTICES
Description
Maximum
Allowable
Price
Similac Advance Concentrate Formula—Blue—
13 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$5.00
Similac Advance RTF Formula—Blue—32 oz. . . . .
$7.49
Similac Advance Powder Formula—Blue—
12.4 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $15.50
Similac Expert Care Alimentum RTF Formula—
32 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$9.69
Similac Expert Care Alimentum Powder
Formula—16 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $28.39
Similac Expert Care for Diarrhea RTF Formula—
32 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$7.69
Similac Expert Care NeoSure RTF Formula—
32 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$8.14
Similac Expert Care NeoSure Powder Formula—
13.1 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $16.59
Similac Go & Grow Powder Milk Based
Formula—Blue—1.38 lbs. . . . . . . . . . . . . . . . . . . . . $23.17
Similac Go & Grow Powder Soy Based Formula—
Pink—1.38 lbs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $23.10
Similac for Spit Up RTF Formula—Green—
32 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$7.69
Similac for Spit Up Powder Formula—Green—
12.3 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $16.19
Similac for Spit Up Powder Formula—Green—
12.0 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $16.19
Similac Sensitive RTF Formula—Orange—32 oz. .
$7.49
Similac Sensitive Powder Formula—Orange—
12.6 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $15.69
Similac Sensitive Powder Formula—Orange—
12.0 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $15.69
Similac Soy Isomil Concentrate Formula—Pink—
13 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$5.21
Similac Soy Isomil RTF Formula—Pink—32 oz. . .
$7.79
Similac Soy Isomil Powder Formula—Pink—
12.4 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $16.35
Similac Total Comfort Powder Formula—Purple—
12.6 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $16.59
Similac Total Comfort Powder Formula—Purple—
12.0 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $16.59
A store must permit purchase of WIC allowable foods
that exceed the maximum allowable price to WIC participants using a WIC check; however, the amounts that
exceed the maximum allowable price of any WIC allowable foods sold to WIC participants will be billed to the
store on a quarterly basis in accordance with 28 Pa. Code
§ 1105.2.
Competitive Prices
To remain WIC Authorized, each store must maintain
the minimum inventory of the following WIC food items
at, or below, the Competitive Prices listed for the store’s
peer group. Effective January 1, 2015, through March 31,
2015, the Competitive Prices for WIC authorization for
Type 1 Stores in High Cost Counties are as follows:
Competitive
Description
Prices
Beans, Canned—15.5/16 oz.. . . . . . . . . . . . . . . . . . . . .
$1.20
Beans/Peas—Dry—16 oz. . . . . . . . . . . . . . . . . . . . . . . .
$2.10
Canned Fish—Pink Salmon. . . . . . . . . . . . . . . . . . . . .
$2.25
Canned Fish—Sardines . . . . . . . . . . . . . . . . . . . . . . . .
$1.48
Canned Fish—Tuna . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$1.30
Cereal (per oz.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$0.32
$6.91
Cheese, 16 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Eggs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$2.57
Gerber Infant Cereal—8 oz.. . . . . . . . . . . . . . . . . . . . .
$2.29
7961
Competitive
Description
Prices
Infant Fruits, 100%—4 oz. . . . . . . . . . . . . . . . . . . . . . .
$0.68
Infant Vegetables, 100%—4 oz.. . . . . . . . . . . . . . . . . .
$0.68
Infant Meats, 100%—2.5 oz. . . . . . . . . . . . . . . . . . . . .
$1.06
Juice—11.5/12 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$2.25
Juice—48 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$3.06
Juice—64 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$3.66
Kosher Cheese—16 oz. . . . . . . . . . . . . . . . . . . . . . . . . .
$7.89
Kosher Low Fat Milk—1/2 gallon . . . . . . . . . . . . . . .
$3.19
Kosher Whole Milk—1/2 gallon . . . . . . . . . . . . . . . . .
$3.25
Milk, Low Fat—1/2 gallon . . . . . . . . . . . . . . . . . . . . . .
$2.49
Milk, Whole—1/2 gallon . . . . . . . . . . . . . . . . . . . . . . . .
$2.55
Peanut Butter—16-18 oz. . . . . . . . . . . . . . . . . . . . . . . .
$3.29
Whole Grain—Bread, 16 oz. . . . . . . . . . . . . . . . . . . . .
$3.39
Whole Grain—Brown Rice, 16 oz. . . . . . . . . . . . . . . .
$1.79
Whole Grain—Oats, 16 oz.. . . . . . . . . . . . . . . . . . . . . .
$2.45
Whole Grain—Soft Corn or Whole Wheat
Tortillas, 16 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$2.50
Similac Advance Concentrate Formula—Blue—
13 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$5.00
Similac Advance Powder Formula—Blue—
12.4 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $15.50
Similac Soy Isomil Concentrate Formula—Pink—
13 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$5.21
Similac Soy Isomil Powder Formula—Pink—
12.4 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $16.35
Maximum Allowable Prices and Competitive Prices
for Type 2 Stores in High Cost Counties
Under 28 Pa. Code §§ 1103.4(5) and 1105.3(a)(1) and 7
CFR 246.12, the WIC Program hereby publishes notice of
the Maximum Allowable Prices and Competitive Prices
for Type 2 Stores in High Cost Counties.
Maximum Allowable Prices
Effective January 1, 2015, through March 31, 2015, the
Maximum Allowable Prices the Department of Health will
pay Type 2 Stores in High Cost Counties for WIC
allowable foods are as follows:
Maximum
Allowable
Description
Price
Beans, Canned—15.5/16 oz.. . . . . . . . . . . . . . . . . . . . .
$1.35
Beans/Peas—Dry—16 oz. . . . . . . . . . . . . . . . . . . . . . . .
$2.30
Canned Fish—Pink Salmon. . . . . . . . . . . . . . . . . . . . .
$2.29
Canned Fish—Sardines . . . . . . . . . . . . . . . . . . . . . . . .
$1.72
Canned Fish—Tuna . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$1.40
$0.36
Cereal (per oz.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Cheese, 16 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$7.55
Eggs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$2.78
Gerber Infant Cereal—8 oz.. . . . . . . . . . . . . . . . . . . . .
$2.40
Infant Fruits, 100%—4 oz. . . . . . . . . . . . . . . . . . . . . . .
$0.75
Infant Vegetables, 100%—4 oz.. . . . . . . . . . . . . . . . . .
$0.75
Infant Meats, 100%—2.5 oz. . . . . . . . . . . . . . . . . . . . .
$1.15
Juice—11.5/12 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$2.56
Juice—48 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$3.30
Juice—64 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$4.24
Kosher Cheese—16 oz. . . . . . . . . . . . . . . . . . . . . . . . . .
$8.40
Kosher Low Fat Milk—quart . . . . . . . . . . . . . . . . . . .
$1.69
Kosher Low Fat Milk—1/2 gallon . . . . . . . . . . . . . . .
$3.27
Kosher Whole Milk—quart . . . . . . . . . . . . . . . . . . . . .
$1.80
Kosher Whole Milk—1/2 gallon . . . . . . . . . . . . . . . . .
$3.37
Milk, Dry—9.6 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$4.50
Milk, Dry—25.6 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$9.49
Milk, Evaporated—12 oz. . . . . . . . . . . . . . . . . . . . . . . .
$1.55
Milk, Low Fat—quart . . . . . . . . . . . . . . . . . . . . . . . . . .
$1.44
Milk, Low Fat—1/2 gallon . . . . . . . . . . . . . . . . . . . . . .
$2.62
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
7962
NOTICES
Maximum
Allowable
Description
Price
Milk, Low Fat Lactose Free—quart . . . . . . . . . . . . .
$2.50
Milk, Low Fat Lactose Free—1/2 gallon . . . . . . . . .
$4.15
Milk, Whole—quart . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$1.57
Milk, Whole—1/2 gallon . . . . . . . . . . . . . . . . . . . . . . . .
$2.69
Milk, Whole Lactose Free—quart . . . . . . . . . . . . . . .
$2.60
Milk, Whole Lactose Free—1/2 gallon . . . . . . . . . . .
$4.21
Peanut Butter—16-18 oz. . . . . . . . . . . . . . . . . . . . . . . .
$3.56
Soy Beverage—Pacific Natural Foods 32 oz.. . . . . .
$3.40
Soy Beverage—8th Continent 64 oz. . . . . . . . . . . . . .
$3.75
Tofu—16 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$2.68
Whole Grain—Bread, 16 oz. . . . . . . . . . . . . . . . . . . . .
$3.59
Whole Grain—Bread, 24 oz. . . . . . . . . . . . . . . . . . . . .
$4.05
Whole Grain—Brown Rice, 16 oz. . . . . . . . . . . . . . . .
$1.99
Whole Grain—Brown Rice, 24 oz. . . . . . . . . . . . . . . .
$3.69
Whole Grain—Oats, 16 oz.. . . . . . . . . . . . . . . . . . . . . .
$2.88
Whole Grain—Oats, 24 oz.. . . . . . . . . . . . . . . . . . . . . .
$5.99
Whole Grain—Soft Corn or Whole Wheat
Tortillas, 16 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$2.64
Boost RTF Formula—8 oz.. . . . . . . . . . . . . . . . . . . . . .
$1.76
EnfaCare RTF Formula—32 oz. . . . . . . . . . . . . . . . . .
$7.69
EnfaCare w/Iron Powder Formula—12.8 oz.. . . . . . $16.88
Nutramigen Concentrate Formula—13 oz. . . . . . . .
$7.49
Nutramigen RTF Formula—32 oz. . . . . . . . . . . . . . .
$9.79
Nutramigen w/Enflora Powder Formula—
12.6 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $24.65
Pediasure RTF Formula—8 oz.. . . . . . . . . . . . . . . . . .
$2.06
Pediasure w/Fiber RTF Formula—8 oz. . . . . . . . . . .
$2.09
Pediasure Sidekicks RTF Formula—8 oz. . . . . . . . .
$1.97
Similac Advance Concentrate Formula—Blue—
13 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$5.10
Similac Advance RTF Formula—Blue—32 oz. . . . .
$7.59
Similac Advance Powder Formula—Blue—
12.4 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $15.75
Similac Expert Care Alimentum RTF Formula—
32 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$9.79
Similac Expert Care Alimentum Powder
Formula—16 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $28.69
Similac Expert Care for Diarrhea RTF Formula—
32 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$8.09
Similac Expert Care NeoSure RTF Formula—
32 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$8.19
Similac Expert Care NeoSure Powder Formula—
13.1 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $16.69
Similac Go & Grow Powder Milk Based
Formula—Blue—1.38 lbs. . . . . . . . . . . . . . . . . . . . . $23.40
Similac Go & Grow Powder Soy Based Formula—
Pink—1.38 lbs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $23.19
Similac for Spit Up RTF Formula—Green—
32 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$7.79
Similac for Spit Up Powder Formula—Green—
12.3 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $16.39
Similac for Spit Up Powder Formula—Green—
12.0 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $16.39
Similac Sensitive RTF Formula—Orange—
32 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$7.59
Similac Sensitive Powder Formula—Orange—
12.6 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $15.89
Similac Sensitive Powder Formula—Orange—
12.0 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $15.89
Similac Soy Isomil Concentrate Formula—Pink—
13 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$5.39
Similac Soy Isomil RTF Formula—Pink—32 oz. . .
$7.89
Similac Soy Isomil Powder Formula—Pink—
12.4 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $16.50
Similac Total Comfort Powder Formula—Purple—
12.6 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $16.89
Maximum
Allowable
Description
Price
Similac Total Comfort Powder Formula—Purple—
12.0 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $16.89
A store must permit purchase of WIC allowable foods
that exceed the maximum allowable price to WIC participants using a WIC check; however, the amounts that
exceed the maximum allowable price of any WIC allowable foods sold to WIC participants will be billed to the
store on a quarterly basis in accordance with 28 Pa. Code
§ 1105.2.
Competitive Prices
To remain WIC Authorized, each store must maintain
the minimum inventory of the following WIC food items
at, or below, the Competitive Prices listed for the store’s
peer group. Effective January 1, 2015, through March 31,
2015, the Competitive Prices for WIC Authorization for
Type 2 Stores in High Cost Counties are as follows:
Competitive
Description
Prices
Beans, Canned—15.5/16 oz.. . . . . . . . . . . . . . . . . . . . .
$1.23
Beans/Peas—Dry—16 oz. . . . . . . . . . . . . . . . . . . . . . . .
$2.13
Canned Fish—Pink Salmon. . . . . . . . . . . . . . . . . . . . .
$2.29
Canned Fish—Sardines . . . . . . . . . . . . . . . . . . . . . . . .
$1.62
Canned Fish—Tuna . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$1.32
Cereal (per oz.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$0.34
Cheese, 16 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$7.00
Eggs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$2.62
Gerber Infant Cereal—8 oz.. . . . . . . . . . . . . . . . . . . . .
$2.42
Infant Fruits, 100%—4 oz. . . . . . . . . . . . . . . . . . . . . . .
$0.70
Infant Vegetables, 100%—4 oz.. . . . . . . . . . . . . . . . . .
$0.70
$1.13
Infant Meats, 100%—2.5 oz. . . . . . . . . . . . . . . . . . . . .
Juice—11.5/12 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$2.45
Juice—48 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$3.16
Juice—64 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$3.90
Kosher Cheese—16 oz. . . . . . . . . . . . . . . . . . . . . . . . . .
$8.00
Kosher Low Fat Milk—1/2 gallon . . . . . . . . . . . . . . .
$3.25
Kosher Whole Milk—1/2 gallon . . . . . . . . . . . . . . . . .
$3.35
Milk, Low Fat—1/2 gallon . . . . . . . . . . . . . . . . . . . . . .
$2.55
Milk, Whole—1/2 gallon . . . . . . . . . . . . . . . . . . . . . . . .
$2.59
Peanut Butter—16-18 oz. . . . . . . . . . . . . . . . . . . . . . . .
$3.39
Whole Grain—Bread, 16 oz. . . . . . . . . . . . . . . . . . . . .
$3.49
Whole Grain—Brown Rice, 16 oz. . . . . . . . . . . . . . . .
$1.90
Whole Grain—Oats, 16 oz.. . . . . . . . . . . . . . . . . . . . . .
$2.65
Whole Grain—Soft Corn or Whole Wheat
Tortillas, 16 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$2.55
Similac Advance Concentrate Formula—Blue—
13 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$5.10
Similac Advance Powder Formula—Blue—
12.4 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $15.75
Similac Soy Isomil Concentrate Formula—Pink—
13 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$5.39
Similac Soy Isomil Powder Formula—Pink—
12.4 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $16.50
Maximum Allowable Prices and Competitive Prices
for Type 3 Stores in High Cost Counties
Under 28 Pa. Code §§ 1103.4(5) and 1105.3(a)(1) and 7
CFR 246.12, the WIC Program hereby publishes notice of
the Maximum Allowable Prices and Competitive Prices
for Type 3 Stores in High Cost Counties.
Maximum Allowable Prices
Effective January 1, 2015, through March 31, 2015, the
Maximum Allowable Prices the Department of Health will
pay Type 3 Stores in High Cost Counties for WIC
allowable foods are as follows:
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
NOTICES
Maximum
Allowable
Description
Price
Beans, Canned—15.5/16 oz.. . . . . . . . . . . . . . . . . . . . .
$1.44
Beans/Peas—Dry—16 oz. . . . . . . . . . . . . . . . . . . . . . . .
$2.40
Canned Fish—Pink Salmon. . . . . . . . . . . . . . . . . . . . .
$2.40
Canned Fish—Sardines . . . . . . . . . . . . . . . . . . . . . . . .
$1.75
Canned Fish—Tuna . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$1.42
Cereal (per oz.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$0.37
Cheese, 16 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$7.70
Eggs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$2.84
Gerber Infant Cereal—8 oz.. . . . . . . . . . . . . . . . . . . . .
$2.60
Infant Fruits, 100%—4 oz. . . . . . . . . . . . . . . . . . . . . . .
$0.86
Infant Vegetables, 100%—4 oz.. . . . . . . . . . . . . . . . . .
$0.86
Infant Meats, 100%—2.5 oz. . . . . . . . . . . . . . . . . . . . .
$1.19
Juice—11.5/12 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$2.60
Juice—48 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$3.40
Juice—64 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$4.27
Kosher Cheese—16 oz. . . . . . . . . . . . . . . . . . . . . . . . . .
$8.40
Kosher Low Fat Milk—quart . . . . . . . . . . . . . . . . . . .
$1.87
Kosher Low Fat Milk—1/2 gallon . . . . . . . . . . . . . . .
$3.27
Kosher Whole Milk—quart . . . . . . . . . . . . . . . . . . . . .
$1.80
Kosher Whole Milk—1/2 gallon . . . . . . . . . . . . . . . . .
$3.37
Milk, Dry—9.6 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$4.60
Milk, Dry—25.6 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$9.69
Milk, Evaporated—12 oz. . . . . . . . . . . . . . . . . . . . . . . .
$1.62
Milk, Low Fat—quart . . . . . . . . . . . . . . . . . . . . . . . . . .
$1.59
Milk, Low Fat—1/2 gallon . . . . . . . . . . . . . . . . . . . . . .
$2.72
Milk, Low Fat Lactose Free—quart . . . . . . . . . . . . .
$2.53
Milk, Low Fat Lactose Free—1/2 gallon . . . . . . . . .
$4.25
Milk, Whole—quart . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$1.69
Milk, Whole—1/2 gallon . . . . . . . . . . . . . . . . . . . . . . . .
$2.79
Milk, Whole Lactose Free—quart . . . . . . . . . . . . . . .
$2.69
Milk, Whole Lactose Free—1/2 gallon . . . . . . . . . . .
$4.29
Peanut Butter—16-18 oz. . . . . . . . . . . . . . . . . . . . . . . .
$3.68
$3.50
Soy Beverage—Pacific Natural Foods 32 oz.. . . . . .
Soy Beverage—8th Continent 64 oz. . . . . . . . . . . . . .
$3.90
Tofu—16 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$2.75
Whole Grain—Bread, 16 oz. . . . . . . . . . . . . . . . . . . . .
$3.65
Whole Grain—Bread, 24 oz. . . . . . . . . . . . . . . . . . . . .
$4.10
Whole Grain—Brown Rice, 16 oz. . . . . . . . . . . . . . . .
$2.35
Whole Grain—Brown Rice, 24 oz. . . . . . . . . . . . . . . .
$3.79
Whole Grain—Oats, 16 oz.. . . . . . . . . . . . . . . . . . . . . .
$3.00
Whole Grain—Oats, 24 oz.. . . . . . . . . . . . . . . . . . . . . .
$6.11
Whole Grain—Soft Corn or Whole Wheat
Tortillas, 16 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$2.70
Boost RTF Formula—8 oz.. . . . . . . . . . . . . . . . . . . . . .
$1.89
EnfaCare RTF Formula—32 oz. . . . . . . . . . . . . . . . . .
$7.99
EnfaCare w/Iron Powder Formula—12.8 oz.. . . . . . $17.31
Nutramigen Concentrate Formula—13 oz. . . . . . . .
$7.99
Nutramigen RTF Formula—32 oz. . . . . . . . . . . . . . .
$9.89
Nutramigen w/Enflora Powder Formula—
12.6 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $25.10
Pediasure RTF Formula—8 oz.. . . . . . . . . . . . . . . . . .
$2.23
Pediasure w/Fiber RTF Formula—8 oz. . . . . . . . . . .
$2.30
Pediasure Sidekicks RTF Formula—8 oz. . . . . . . . .
$2.27
Similac Advance Concentrate Formula—Blue—
13 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$5.58
Similac Advance RTF Formula—Blue—32 oz. . . . .
$7.79
Similac Advance Powder Formula—Blue—
12.4 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $16.89
Similac Expert Care Alimentum RTF Formula—
32 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$9.89
Similac Expert Care Alimentum Powder
Formula—16 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $29.98
Similac Expert Care for Diarrhea RTF Formula—
32 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$8.49
Similac Expert Care NeoSure RTF Formula—
32 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$8.39
7963
Maximum
Allowable
Price
Description
Similac Expert Care NeoSure Powder Formula—
13.1 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $17.09
Similac Go & Grow Powder Milk Based
Formula—Blue—1.38 lbs. . . . . . . . . . . . . . . . . . . . . $23.45
Similac Go & Grow Powder Soy Based Formula—
Pink—1.38 lbs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $23.50
Similac for Spit Up RTF Formula—Green—
32 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$8.19
Similac for Spit Up Powder Formula—Green—
12.3 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $17.20
Similac for Spit Up Powder Formula—Green—
12.0 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $17.20
Similac Sensitive RTF Formula—Orange—32 oz. .
$8.09
Similac Sensitive Powder Formula—Orange—
12.6 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $16.75
Similac Sensitive Powder Formula—Orange—
12.0 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $16.75
Similac Soy Isomil Concentrate Formula—Pink—
13 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$5.79
Similac Soy Isomil RTF Formula—Pink—32 oz. . .
$8.04
Similac Soy Isomil Powder Formula—Pink
—12.4 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $17.40
Similac Total Comfort Powder Formula—Purple—
12.6 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $17.49
Similac Total Comfort Powder Formula—Purple—
12.0 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $17.49
A store must permit purchase of WIC allowable foods
that exceed the maximum allowable price to WIC participants using a WIC check; however, the amounts that
exceed the maximum allowable price of any WIC allowable foods sold to WIC participants will be billed to the
store on a quarterly basis in accordance with 28 Pa. Code
§ 1105.2.
Competitive Prices
To remain WIC Authorized, each store must maintain
the minimum inventory of the following WIC food items
at, or below, the Competitive Prices listed for the store’s
peer group. Effective January 1, 2015, through March 31,
2015, the Competitive Prices for WIC Authorization for
Type 3 Stores in High Cost Counties are as follows:
Competitive
Description
Prices
Beans, Canned—15.5/16 oz.. . . . . . . . . . . . . . . . . . . . .
Beans/Peas—Dry—16 oz. . . . . . . . . . . . . . . . . . . . . . . .
Canned Fish—Pink Salmon. . . . . . . . . . . . . . . . . . . . .
Canned Fish—Sardines . . . . . . . . . . . . . . . . . . . . . . . .
Canned Fish—Tuna . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Cereal (per oz.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Cheese, 16 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Eggs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Gerber Infant Cereal—8 oz.. . . . . . . . . . . . . . . . . . . . .
Infant Fruits, 100%—4 oz. . . . . . . . . . . . . . . . . . . . . . .
Infant Vegetables, 100%—4 oz.. . . . . . . . . . . . . . . . . .
Infant Meats, 100%—2.5 oz. . . . . . . . . . . . . . . . . . . . .
Juice—11.5/12 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Juice—48 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Juice—64 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Kosher Cheese—16 oz. . . . . . . . . . . . . . . . . . . . . . . . . .
Kosher Low Fat Milk—1/2 gallon . . . . . . . . . . . . . . .
Kosher Whole Milk—1/2 gallon . . . . . . . . . . . . . . . . .
Milk, Low Fat—1/2 gallon . . . . . . . . . . . . . . . . . . . . . .
Milk, Whole—1/2 gallon . . . . . . . . . . . . . . . . . . . . . . . .
Peanut Butter—16-18 oz. . . . . . . . . . . . . . . . . . . . . . . .
Whole Grain—Bread, 16 oz. . . . . . . . . . . . . . . . . . . . .
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
$1.40
$2.15
$2.48
$1.68
$1.48
$0.35
$7.20
$2.70
$2.76
$0.86
$0.86
$1.18
$2.55
$3.37
$4.20
$8.40
$3.35
$3.39
$2.58
$2.60
$3.59
$3.55
7964
NOTICES
Competitive
Description
Prices
Whole Grain—Brown Rice, 16 oz. . . . . . . . . . . . . . . .
$2.30
Whole Grain—Oats, 16 oz.. . . . . . . . . . . . . . . . . . . . . .
$2.99
Whole Grain—Soft Corn or Whole Wheat
Tortillas, 16 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$2.60
Similac Advance Concentrate Formula—Blue—
13 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$5.58
Similac Advance Powder Formula—Blue—
12.4 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $16.89
Similac Soy Isomil Concentrate Formula—Pink—
13 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$5.79
Similac Soy Isomil Powder Formula—Pink—
12.4 oz. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $17.40
Persons with a disability who require an alternative
format of this listing (for example, large print, audiotape,
Braille) should contact Perce Morgan, Department of
Health, Bureau of WIC, 625 Forster Street, 7th Floor
West, Health and Welfare Building, Harrisburg, PA
17120, (717) 783-1289, or for speech and/or hearing
impaired persons, V/TT (717) 783-6514 or the Pennsylvania AT&T Relay Service at (800) 654-5984.
MICHAEL WOLF,
Secretary
the Medicaid regulation for home and community-based
services waivers under section 1915(c) of the Social
Security Act (42 U.S.C.A. § 1396n(c)) to provide requirements regarding characteristics of settings that are home
and community-based as well as settings that may not be
home and community-based. See 42 CFR 441.301(c)(4)
and (5) (relating to contents of request for a waiver). The
final rule requires that a transition plan be submitted
with each waiver amendment. (See 42 CFR 441.301(c)(6).)
The proposed transition plan for the AAW includes the
steps that the Department anticipates taking to achieve
compliance in the following areas: unallowable settings,
settings that are presumed not eligible; qualifications for
all home and community-based settings; and requirements for provider-owned or controlled home and
community-based residential settings.
Fiscal Impact
It is anticipated there will be an approximate cost to
the Commonwealth of $3.4 million ($1.6 million in State
funds) in FY 2014-2015 and $4.2 million ($2.0 million
State funds) in FY 2015-2016.
Public Comment
[Pa.B. Doc. No. 14-2636. Filed for public inspection December 19, 2014, 9:00 a.m.]
The Department has made the Adult Autism Waiver
Amendment and accompanying transition plan available
at http://www.dhs.state.pa.us/learn aboutdhs/waiver
information/adultaustismwaiver/index.htm.
DEPARTMENT OF
HUMAN SERVICES
Interested persons are invited to submit written comments regarding this notice, the amendment and the
proposed transition plan for the AAW. Comments should
be addressed to Lea Sheffield, Department of Human
Services, Bureau of Autism Services, Office of Developmental Programs, 625 Forster Street, Room 605, Harrisburg, PA 17120. Comments may also be submitted to the
Department at [email protected] Comments must
be submitted by February 2, 2015.
Availability of Amendment to the Bureau of Autism
Services’ Adult Autism Waiver with Accompanying Home and Community-Based Settings Transition Plan
The Department of Human Services (Department) is
making available for public review and comment the
Bureau of Autism Services’ proposed Adult Autism Waiver
(AAW) Amendment and accompanying transition plan.
The purpose of this amendment is to increase the number
of recipients served in the waiver, add reserved capacity
for people who have a protective services plan under the
Adult Protective Services Act (APS) (35 P. S.
§§ 10210.101—10210.704), which specifies that a need for
long-term support and are determined eligible for the
AAW, as well as add the transition plan for home and
community-based settings that are specific to the waiver.
Background
To receive Federal matching funds for home and
community-based waiver services, the Department must
receive approval from the Centers for Medicare and
Medicaid Services (CMS) for the number of participants
to be served during each year of the approved waiver. The
budget for Fiscal Year (FY) 2014-2015 granted funding to
serve an additional 100 individuals in the AAW. As a
result, the number of participants served at any one time
will increase from 418 to 518 in FY 2014-2015 and FY
2015-2016. The amendment will also add reserved capacity for five participants who identified as meeting the
APS reserve criteria.
CMS published a final rule at 79 FR 2948 (January 16,
2014) for home and community-based services with an
effective date of March 17, 2014. This final rule amends
The Department will also hold two webinars to receive
comments on the proposed transition plan for the AAW.
Dates, times and links for registration to participate in
these webinars are as follows:
January 14, 2015, 1 p.m. at http://myaccount.maestro
conference.com/conference/register/2C0A3EGS75JYS7HW
January 15, 2015, 9 a.m. at http://myaccount.maestro
conference.com/conference/register/L8VF3HSLCP25UEK5
To assist the Department in accurately capturing verbal
comments, individuals are asked to submit a written copy
of their comments by emailing them or mailing them to
the address previously provided.
Persons with a disability who require an auxiliary aid
or service may submit comments using the Pennsylvania
AT&T Relay Service at (800) 654-5984 (TDD users) or
(800) 654-5988 (voice users).
Copies of this notice, the waiver amendment and the
transition plan may be obtained at the local Mental
Health/Intellectual Disability (MH/ID) County Program,
Administrative Entity or regional Office of Developmental
Programs (ODP) in the corresponding regions:
• Western Region: Piatt Place, Room 4900, 301 5th
Avenue, Pittsburgh, PA 15222, (412) 565-5144
• Northeast Region: Room 315, Scranton State Office
Building, 100 Lackawanna Avenue, Scranton, PA 18503,
(570) 963-4749
• Southeast Region: 801 Market Street, Suite 5071,
Philadelphia, PA 19107, (215) 560-2242 or (215) 560-2245
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
NOTICES
7965
• Central Region: Room 430, Willow Oak Building,
P. O. Box 2675, DGS Annex Complex, Harrisburg, PA
17105, (717) 772-6507
increased from 12,600 to 13,300 for Waiver Year 3 (FY
2014-2015), Year 4 (FY 2015-2016) and Year 5 (FY
2016-2017).
Contact information for the local MH/ID County
Program can be found at https://www.hcsis.state.pa.us/
hcsis-ssd/pgm/asp/PRCNT.ASP or contact the previously
referenced regional ODP.
BEVERLY D. MACKERETH,
Secretary
The budget for FY 2014-2015 also provides funding to
serve an additional 400 individuals who are on the
emergency waiting list access to home and communitybased services through enrollment in the Consolidated
waiver. The unduplicated number of participants served
will increase from 17,867 to 18,067 for Waiver Year 3 (FY
2014-2015) and from 17,982 to 18,067 for Waiver Year 4
(FY 2015-2016). This amendment will then decrease
reserved capacity for hospital/rehabilitation care for
Waiver Year 3 (FY 2014-2015), Year 4 (2015-2016) and
Year 5 (FY 2016-2017) from 750 to 550. The Department
has found in the first 2 years of implementation of
reserved capacity for this purpose that this number is
higher than necessary to serve those individuals that
require hospital/rehabilitation care beyond 30 days and
up to 6 consecutive months. The Consolidated waiver
amendment will also increase reserved capacity for
individuals/participants who are identified as meeting the
unanticipated emergency criteria in Waiver Year 3 (FY
2014-2015) from 20 to 120.
Fiscal Note: 14-NOT-928. (1) General Fund; (2) Implementing Year 2014-15 is $1,600,000; (3) 1st Succeeding
Year 2015-16 is $2,000,000; 2nd Succeeding Year 2016-17
through 5th Succeeding Year 2019-20 are $0; (4) 2013-14
Program—$16,487,000; 2012-13 Program—$13,000,000;
2011-12 Program—$12,194,000; (7) Autism Intervention
and Services; (8) recommends adoption. Funds have been
included in the budget to cover this increase.
[Pa.B. Doc. No. 14-2637. Filed for public inspection December 19, 2014, 9:00 a.m.]
Availability of Amendments to the Office of Developmental Programs’ Consolidated and Person/
Family Directed Support Waivers with Accompanying Home and Community-Based Settings
Transition Plans
The Department of Human Services (Department) is
making available for public review and comment the
Office of Developmental Programs’ proposed Consolidated
and Person/Family Directed Support (P/FDS) waiver
amendments and accompanying transition plans. The
purpose of these amendments is to increase the number
of unduplicated recipients served in each waiver, increase
reserved capacity for the waiting list initiative and unanticipated emergencies, as well as add transition plans for
home and community-based settings that are specific to
each waiver.
Background
CMS published a final rule for home and communitybased services at 79 FR 2948 (January 16, 2014), with an
effective date of March 17, 2014. This final rule amends
the Medicaid regulation for home and community-based
services waivers under section 1915(c) of the Social
Security Act (42 U.S.C.A. § 1396n(c)) to provide requirements regarding characteristics of settings that are home
and community-based as well as settings that may not be
home and community-based (42 CFR 441.301) (relating to
contents of request for a waiver)). The final rule requires
that a transition plan be submitted with each waiver
amendment. The proposed transition plans for the Consolidated and P/FDS waivers include the steps that the
Department anticipates taking to achieve compliance in
the following areas: unallowable settings, settings that
are presumed not eligible; qualifications for all home and
community-based settings; and requirements for providerowned or controlled home and community-based residential settings.
To receive Federal matching funds for home and
community-based waiver services, the Department must
receive approval from the Centers for Medicare and
Medicaid Services (CMS) for the unduplicated number of
participants to be served during each year of the approved waiver. The number of unduplicated participants
is estimated for each year of the waivers and, with
Federal approval, can be adjusted.
Fiscal Impact
The budget for Fiscal Year (FY) 2014-2015 provides
funding to serve an additional 700 young adults who are
graduating from the special education system to continue
to live independently in the community through enrollment in the P/FDS waiver. Two changes must be made to
the P/FDS waiver to ensure these young adults can be
enrolled in the waiver. First, the P/FDS waiver reserves
capacity for the ‘‘waiting list initiative’’ which ensures
that these young adults who are graduating can be
enrolled in the waiver. This reserved capacity category is
necessary because these graduates do not necessarily
meet the enrollment criterion of having an emergency
need. As a result, this amendment will increase reserved
capacity for the waiting list initiative in Waiver Year 3
(FY 2014-2015) from 0 to 700 to ensure these individuals
have access to needed waiver capacity. Second, the maximum number of unduplicated participants the Department intends to serve in the P/FDS waiver must be
Public Comment
It is anticipated that there will be an approximate cost
to the Commonwealth, in relationship to the waiver
amendments, of $19.818 million ($9.152 million State
funds) in FY 2014-2015. These estimated costs are for FY
2014-2015 home and community-based waiver services for
the 700 graduates from the special education system and
the 400 emergency waiting list individuals.
The Consolidated waiver amendment and accompanying transition plan are available at http://www.dhs.state.
pa.us/learnaboutdhs/waiverinformation/consolidated
waiverforindividualswithintellectualdisabilities/index.
htm. The P/FDS waiver amendment and accompanying
transition plan are available at http://www.dhs.state.
pa.us/learnaboutDHS/waiverinformation/personfamily
directedsupportwaiver/index.htm.
Interested persons are invited to submit written comments regarding the proposed waiver amendments and
accompanying transition plans. Comments should be addressed to Julie Mochon, Department of Human Services,
Office of Developmental Programs, 625 Forster Street,
Room 501, Harrisburg, PA 17120, RA-odpcomment@
pa.gov. Comments must be submitted by February 2,
2015.
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
7966
NOTICES
The Department will also hold two webinars to receive
comments on the proposed transition plans for the Consolidated and P/FDS waivers. Dates, times and links for
registration to attend these webinars are as follows:
January 14, 2015, 1 p.m. to 4 p.m. Register at http://
myaccount.maestroconference.com/conference/register/
2C0A3EGS75JYS7HW
January 15, 2015, 9 a.m. to 12 p.m. Register at http://
myaccount.maestroconference.com/conference/register/
L8VF3HSLCP25UEK5
To assist the Department in accurately capturing verbal
comments, individuals are asked to submit a written copy
of their comments by e-mailing them or mailing them to
the addresses previously provided.
Persons with a disability who require an auxiliary aid
or service may submit comments using the Pennsylvania
AT&T Relay Service at (800) 654-5984 (TDD users) or
(800) 654-5988 (voice users).
Copies of this notice, waiver amendments and transition plans may be obtained at the regional Office of
Developmental Programs (ODP) in the corresponding
regions:
• Western Region: Piatt Place, Room 4900, 301 5th
Avenue, Pittsburgh, PA 15222, (412) 565-5144
• Northeast Region: Room 315, Scranton State Office
Building, 100 Lackawanna Avenue, Scranton, PA 18503,
(570) 963-4749
• Southeast Region: 801 Market Street, Suite 5071,
Philadelphia, PA 19107, (215) 560-2242 or (215) 560-2245
• Central Region: Room 430, Willow Oak Building,
P. O. Box 2675, DGS Annex Complex, Harrisburg, PA
17105, (717) 772-6507
Contact information for the local Mental Health/
Intellectual Disability County Program or Administrative
Entity may be found at https://www.hcsis.state.pa.us/
hcsis-ssd/pgm/asp/PRCNT.ASP or contact the previously
referenced regional ODP.
BEVERLY D. MACKERETH,
Secretary
Fiscal Note: 14-NOT-924. (1) General Fund; (2) Implementing Year 2014-15 is $9,152,000; (3) 1st Succeeding
Year 2015-16 through 5th Succeeding Year 2019-20 are
$22,636,000; (4) 2013-14 Program—$1,027,000,000;
2012-13 Program—$932,000,000; 2011-12 Program—
$855,000,000; (7) Intellectual Disabilities—Community
Waiver Program; (8) recommends adoption. Funds have
been included in the budget to cover this increase.
[Pa.B. Doc. No. 14-2638. Filed for public inspection December 19, 2014, 9:00 a.m.]
Availability of Amendments to the Office of LongTerm Living’s OBRA Waiver; Additional Amendments to the Aging and Attendant Care Waivers;
Renewal of the Community Care (CommCare)
Waiver and Independence Waiver; and Accompanying Home and Community-Based Settings
Transition Plans for the CommCare and OBRA
Waivers
The Department of Human Services (Department) is
making available for public review and comment the
Office of Long-Term Living’s proposed OBRA waiver
amendments; proposed amendments to the Aging and
Attendant Care waivers, which are additional amendments to the amendments in the notice published at 44
Pa.B. 7492 (November 29, 2014); the proposed CommCare
and Independence waiver renewals; and accompanying
transition plans for the CommCare and OBRA waivers.
Aging, Attendant Care and OBRA Waiver Amendments
Whenever there is a change that affects an element of
the approved waiver, the Department must submit an
amendment to the Centers for Medicare and Medicaid
Services (CMS) for approval. The Department proposes to
amend the service definitions in the Aging and OBRA
waivers as follows: language will be added to clarify
allowable settings for Adult Daily Living Services, as well
as adding a 1/2 day unit to Enhanced Adult Daily Living
Services and defining this unit; Accessibility Adaptations,
Equipment, Technology and Medical Supplies will be
separated into four separate service definitions; and
standardized language will be added and the unit of
service will be changed for Non-Medical Transportation
Services.
The Department also proposes to amend the
Prevocational Services, Structured Day Habilitation Services and Residential Habilitation Services in the OBRA
waiver to clarify allowable settings.
In addition, the Department proposes to revise the
Quality Improvement Strategy in the Aging, Attendant
Care and OBRA waivers to meet the revised quality
guidelines, Modifications to Quality Measures and Reporting in § 1915(c) Home and Community-Based Waivers, issued by CMS on March 12, 2014.
CommCare and Independence Waiver Renewals
Under 42 CFR 430.25(h)(2)(i) (relating to waivers of
State plan requirements) to continue receiving Federal
matching funds for Home and Community-Based Services
(HCBS) waiver services, CMS requires that existing
HCBS waivers be renewed every 5 years. The CommCare
and Independence waivers were last renewed by CMS
effective July 1, 2010; the proposed waiver renewals are
to be submitted to CMS no later than March 17, 2015.
Transition Plans
CMS published a final rule for HCBS at 79 FR 2948
(January 16, 2014), with an effective date of March 17,
2014. This final rule amends the Medicaid regulation for
HCBS waivers under section 1915(c) of the Social Security Act (42 U.S.C.A. § 1396n(c)) to provide requirements
regarding characteristics of settings that are home and
community-based as well as settings that may not be
home and community-based. See 42 CFR Parts 430, 431,
435, 436, 440, 441 and 447. These requirements reflect
CMS’ intent that individuals receiving services and supports through Medicaid waivers receive services in settings that are integrated in and support full access to the
greater community. For more details about the HCBS
Final Rule, refer to the CMS HCBS webpage at http://
www.medicaid.gov/Medicaid-CHIP-Program-Information/
By-Topics/Long-Term-Services-and-Supports/Home-andCommunity-Based-Services/Home-and-Community-BasedServices.html.
The final rule requires that a waiver-specific transition
plan be submitted with each waiver amendment or
waiver renewal. The proposed transition plans for the
CommCare and OBRA waivers include the steps that the
Department anticipates taking to achieve compliance in
the following areas: Assessment, Remediation Strategies
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
NOTICES
and Outreach and Engagement of Stakeholders. The
transition plans for the Aging, Attendant Care and Independence waivers were published at 44 Pa.B. 7492.
The proposed OBRA waiver amendments, proposed
additional amendments to the Aging and Attendant Care
waivers, the proposed CommCare and Independence
waiver renewals, accompanying transition plans and a
summary of all revisions are available at http://www.
dhs.state.pa.us/dpworganization/officeoflongtermliving/
index.htm or by contacting the Department of Human
Services, Office of Long-Term Living, (717) 783-8412.
Fiscal Impact
The amendments to the service definitions in the Aging
and OBRA waivers are anticipated to be budget neutral;
therefore, there is no anticipated fiscal impact.
The renewal and accompanying transition plans of the
CommCare and Independence waivers are also anticipated to be budget neutral; therefore, there is no anticipated fiscal impact.
Public Comment
Interested persons are invited to submit written comments regarding this notice to the Department of
Human Services, Office of Long-Term Living, Bureau of
Policy and Regulatory Management, Attention: Jennifer
Hale, P. O. Box 8025, Harrisburg, PA 17105-8025,
[email protected] Comments received within 45
days will be reviewed and considered for revisions to the
proposed waiver amendments, waiver renewals and the
transition plans.
In addition, the Department will hold two webinars to
receive comments on the proposed waiver amendments,
waiver renewals and transition plans for the Aging,
Attendant Care, OBRA, Independence and CommCare
waivers.
Dates, Times and Information to Participate in the
Webinars
Tuesday, January 6, 2015
10 a.m.—12 p.m.
Thursday, January 8, 2015
1 p.m.—3 p.m.
Dial in information for the webinars is available
at http://www.dhs.state.pa.us/dpworganization/officeof
longtermliving/index.htm or by contacting the Department of Human Services, Office of Long-Term Living,
(717) 783-8412.
To assist the Department in accurately capturing
verbal comments, individuals are asked to submit a
written copy of their comments to the Department at
[email protected] or mail comments to the address provided previously.
Persons with a disability who require an auxiliary aid
or service may submit comments using the Pennsylvania
AT&T Relay Service at (800) 654-5984 (TDD users) or
(800) 654-5988 (voice users).
BEVERLY D. MACKERETH,
Secretary
Fiscal Note: 14-NOT-921. No fiscal impact. (8) recommends adoption.
[Pa.B. Doc. No. 14-2639. Filed for public inspection December 19, 2014, 9:00 a.m.]
7967
Disproportionate Share Payments for Enhanced
Access to Emergency Department Services and
Emergency Department and Outpatient Access
Supplemental Payments
The Department of Human Services (Department) intends to amend the Commonwealth’s Title XIX State Plan
(State Plan) to establish a new class of disproportionate
share hospital (DSH) payments for certain acute care
general hospitals that will be funded with revenues
generated through the hospital assessment imposed by
the City of Philadelphia (City).
Background
On July 4, 2008, the General Assembly enacted Article
VIII-E of the Public Welfare Code (62 P. S. §§ 801-E—
808-E) to authorize the City to impose, by ordinance, a
monetary assessment on the non-Medicare net operating
revenue of acute care general hospitals located in the City
for purposes of assuring access to hospital and emergency
department services. The City passed an ordinance implementing a Hospital Assessment Program (Program) effective January 1, 2009, and the Program has been in place
since that time. The Program generates additional revenues to fund Medical Assistance (MA) expenditures for
hospital emergency department and other hospital services in Philadelphia. The Program also generates additional funding to support the City’s public health clinics.
The MA funding from the Hospital Assessment Program
is currently being used to fund emergency department
and outpatient access supplemental payments as approved by the Centers for Medicare and Medicaid Services (CMS).
This new class of DSH payments will also be funded by
the Philadelphia assessment and is intended to help
offset the costs incurred by acute care general hospitals in
the City that provide a significant amount of emergency
services to MA patients. Many emergency department
patients are subsequently admitted to the hospital. To
promote access to these critical hospital and emergency
services, the Department intends to allocate a portion of
the funding currently being allocated to the existing
emergency department and outpatient access supplemental payment to this new class of DSH payments.
The Department intends to submit a State Plan
Amendment to CMS to implement this new class of DSH
payments for acute care general hospitals located in the
City with emergency departments that provide at least
1,000 emergency department visits to Pennsylvania MA
patients per year. Hospitals that furnish acute care
inpatient services to patients who are predominantly
under 18 years of age or hospitals that receive a disproportionate share payment for enhanced access to multiple
types of medical care in economically distressed areas of
this Commonwealth under the State Plan will not be
eligible to receive this additional payment. The Department intends to distribute the additional payments to
qualifying acute care general hospitals based on each
qualifying hospital’s historical MA inpatient Title XIX
fee-for-service revenue using Fiscal Year 2011-2012 MA
cost report data. Payments to a qualifying hospital under
the State Plan will be limited to the amount permitted by
the hospital’s OBRA 93 hospital-specific limit. The Department intends to limit the maximum payment amount
to 2.91% of the hospital’s net patient revenue.
Since qualification for the new DSH payment is also
related to MA patients seen in hospital emergency departments, a hospital eligible to receive the new DSH payment will not be eligible to receive an emergency depart-
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
7968
NOTICES
ment and outpatient access supplemental payment. For
this reason, the Department intends to modify the criteria
to qualify for the emergency department and outpatient
access supplemental payment outlined in the State Plan
to reflect this change as well as to modify the amount of
funds to be allocated for this payment. All other qualifying criteria and the payment methodology for the current
emergency department and outpatient access supplemental payment will remain unchanged.
Fiscal Impact
The Department anticipates there will be no fiscal
impact as a result of these payments.
Public Comment
Interested persons are invited to submit written comments regarding this notice to the Department of Human
Services, Office of Medical Assistance Programs, Attention: c/o Regulations Coordinator, Room 515, Health and
Welfare Building, Harrisburg, PA 17120. Comments received within 30 days will be reviewed and considered for
any subsequent revision of the notice.
Persons with a disability who require an auxiliary aid
or service may submit comments using the Pennsylvania
AT&T Relay Service at (800) 654-5984 (TDD users) or
(800) 654-5988 (voice users).
BEVERLY D. MACKERETH,
Secretary
Fiscal Note: 14-NOT-927. (1) General Fund;
(7) MA—Outpatient; (2) Implementing Year 2014-15 is
$76,840,000; (3) 1st Succeeding Year 2015-16 through 5th
Succeeding Year 2019-20 are $0; (4) 2013-14 Program—
$264,179,000; 2012-13 Program—$450,835,000; 2011-12
Program—$645,095,000;
(7) MA—Inpatient; (2) Implementing Year 2014-15 is
$76,840,000; (3) 1st Succeeding Year 2015-16 through 5th
Succeeding Year 2019-20 are $0; (4) 2013-14 Program—
$163,862,000; 2012-13 Program—$268,112,000; 2011-12
Program—$325,685,000;
(8) recommends adoption. Funds have been included in
the budget to cover this increase.
[Pa.B. Doc. No. 14-2640. Filed for public inspection December 19, 2014, 9:00 a.m.]
Fee Schedule Rates and Department-Established
Fees for Consolidated and Person/Family Directed Support Waivers Services, Targeted Services Management and the Community Intellectual Disability Base-Funded Program
The Department of Human Services (Department) is
providing final notice of the Fee Schedule Rates for select
services funded through the Consolidated and Person/
Family Directed Support (P/FDS) waivers, the
Department-established fees for residential ineligible services and fee for Targeted Service Management (TSM)
effective July 1, 2014. These Fee Schedule Rates also
serve as the Department-established fees under 55
Pa. Code § 4300.115(a) (relating to Department established fees) for base-funded services managed through
county programs for individuals with an intellectual
disability under the Mental Health and Intellectual Disability Act of 1966 (50 P. S. §§ 4104—4704), 55 Pa. Code
Chapter 4300 (relating to county mental health and
mental retardation fiscal manual) and 55 Pa. Code Chap-
ter 51 (relating to Office of Developmental Programs
Home and Community-Based Services). The Department
published its proposed fee schedule rates, Departmentestablished fees for residential ineligible services and fee
for TSM at 44 Pa.B. 4045 (June 28, 2014) and will
implement the rates as proposed. There will be a change
to the rates for Agency with Choice/Financial Management Services (AWC/FMS) beginning January 1, 2015.
Change to AWC/FMS Fee Schedule Rates
The Department considered as part of the final rate
development process the impact the Federal Patient
Protection and Affordable Care Act (Pub. L. No. 111-148)
(ACA) may have on provider costs to provide services.
Under the ACA, employers with 100 or more full-time
employees will be required, beginning January 1, 2015, to
offer meaningful and affordable health insurance options
to full-time employees. The ACA defines a full-time
employee as an employee who on average works 30 hours
or more per week.
Currently available information indicates that AWC/
FMS providers may be subject to the same provisions of
the ACA as traditional agency employers. This means
that AWC support service workers who work 30 hours or
more per week, on average, may be considered ‘‘full-time
employees’’ of the AWC provider organization. Because the
proposed Fee Schedule Rates for AWC services did not
include costs associated with employer-paid health care
coverage, the Department adjusted the final Fee Schedule
Rates for AWC services to include consideration for costs
associated with employer-paid health care coverage.
No other adjustments are being made to the proposed
rates for AWC/FMS. The proposed Fee Schedule Rates for
AWC services published at 44 Pa.B. 4045 will be effective
from July 1, 2014, through December 31, 2014.
The final Fee Schedule Rates for AWC services in this
notice will be effective beginning January 1, 2015.
Fiscal Impact
It is anticipated that there will be an approximate cost
to the Commonwealth of $2.043 million ($0.976 million
State funds) in Fiscal Year (FY) 2014-2015 and $2.268
million ($1.084 million State funds) in FY 2015-2016 and
subsequent fiscal years. A minimal increase in costs is
anticipated for the Base program appropriation, which
will be absorbed within existing funding. The Department
does not anticipate making any adjustments to county
allocations.
Public Comment
Copies of this notice may be obtained at the local
Mental Health/Intellectual Disability (MH/ID) County
Program, Administrative Entity (AE) or regional Office of
Developmental Programs (ODP) in the corresponding
regions:
• Western region: Piatt Place, Room 4900, 301 5th
Avenue, Pittsburgh, PA 15222, (412) 565-5144
• Northeast region: Room 315, Scranton State Office
Building, 100 Lackawanna Avenue, Scranton, PA 18503,
(570) 963-4749
• Southeast region: 801 Market Street, Suite 5071,
Philadelphia, PA 19107, (215) 560-2242 or (215) 560-2245
• Central region: Room 430, Willow Oak Building, P. O.
Box 2675, DGS Annex Complex, Harrisburg, PA 17105,
(717) 772-6507
Contact information for the local MH/ID County Program or AE may be found at https://www.hcsis.state.pa.us/
hcsis-ssd/pgm/asp/PRCNT.ASP or contact the previously
referenced regional ODP.
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
NOTICES
Interested persons are invited to submit written comments regarding this proposed notice to the Department
of Human Services, Office Developmental Programs, Division of Provider Assistance and Rate Setting, 4th Floor,
Health and Welfare Building, Forster and Commonwealth
Avenues, Harrisburg, PA 17120. Comments can also be
sent to [email protected], use subject header ‘‘PN
Fee Schedule.’’
7969
Persons with a disability who require an auxiliary aid
or service may submit comments using the Pennsylvania
AT&T Relay Service at (800) 654-5984 (TDD users) or
(800) 654-5988 (voice users).
BEVERLY D. MACKERETH,
Secretary
Fiscal Note: 14-NOT-929. (1) General Fund;
(7) ID—Community Waiver Program; (2) Implementing Year 2014-15 is $976,000; (3) 1st Succeeding Year 2015-16 is
$1,084,000; 2nd Succeeding Year 2016-17 through 5th Succeeding Year 2019-20 are $0; (4) 2013-14 Program—
$1,027,000,000; 2012-13 Program—$932,000,000; 2011-12 Program—$855,000,000;
(7) ID—Community Base Program; (2) Implementing Year 2014-15 is $0; (3) 1st Succeeding Year 2015-16 through 5th
Succeeding Year 2019-20 are $0; (4) 2013-14 Program—$151,000,000; 2012-13 Program—$151,000,000; 2011-12 Program—$158,000,000;
(8) recommends adoption. Funds have been included in the budget to cover this increase.
Agency with Choice Financial Management Services, Including Benefit Allowance Effective
January 1, 2015**
**No modifier is needed to indicate the benefit allowance is included.
Service
Companion, level 3
Supported Employment
Unlicensed Habilitation,
level 3
Unlicensed Habilitation,
level 3, enhanced
Procedure
Code
Modifier**
W1727
W7235
W7060
W7061
Unlicensed Habilitation,
level 4
W7068
Unlicensed Habilitation,
level 4, enhanced
W7069
Supports Broker
Respite—unlicensed, in
home, level 2
W7096
W7250
W7258
W7251
Respite—unlicensed, in
home, level 2, enhanced
W7264
Respite—unlicensed, in
home, level 3
Respite—unlicensed, in
home, level 3, enhanced
TD
TE
TD
TE
TD
TE
TD
TE
Provider
Type
54
54
54
Specialty
Code
540
540
540
Unit
15 min.
15 min.
15 min.
Area 1
$3.76
$6.96
$5.66
Area 2
$3.56
$6.59
$5.36
Area 3
$3.33
$6.16
$5.01
54
540
15 min.
$8.82
$8.35
$7.81
54
540
15 min.
$11.34
$10.74
$10.04
54
540
15 min.
$17.64
$16.70
$15.61
54
54
54
54
540
540
540
540
15 min.
1 day
15 min.
1 day
$6.41
$268.61
$4.16
$513.63
$6.07
$254.35
$3.94
$486.36
$5.67
$237.71
$3.68
$454.54
54
540
15 min.
$7.95
$7.53
$7.04
540
540
540
1 day
15 min.
1 day
$537.21
$8.34
$1,027.25
$508.69
$7.90
$972.71
$475.41
$7.38
$909.07
W7252
W7265
W7253
TD
54
54
54
W7266
TE
TD
54
540
15 min.
$15.92
$15.07
$14.09
54
54
54
540
540
540
1 hour
1 day
15 min.
$16.18
$268.61
$4.16
$15.32
$254.35
$3.94
$14.32
$237.71
$3.68
54
540
1 day
$513.63
$486.36
$454.54
54
540
15 min.
$7.95
$7.53
$7.04
54
54
540
540
1 day
15 min.
$537.21
$8.34
$508.69
$7.90
$475.41
$7.38
Homemaker/ Chore
Respite—unlicensed, out
of home, level 2
W7283
W8002
W8012
Respite—unlicensed, out
of home, level 2,
enhanced
W8003
Respite—unlicensed, out
of home, level 3
W8004
W8014
TE
UA
TD
TE
W8013
TD
TE
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
7970
Service
Respite—unlicensed, out
of home, level 3,
enhanced
NOTICES
Procedure
Code
Modifier**
Provider
Type
Specialty
Code
Unit
Area 1
Area 2
Area 3
$1,027.25
$972.71
$909.07
$15.92
$15.07
$14.09
W8005
TD
54
540
1 day
W8015
TE
TD
54
540
15 min.
TE
Enhanced Communication Agency with Choice Financial Management Services, Including Benefit Allowance,
Consolidated Waiver Only Effective January 1, 2015—Requires ODP Approval**
**No modifier is needed to indicate the benefit allowance is included.
Service
Companion, level 3
Procedure
Code
Modifier**
W1727
U1
Provider
Type
54
Specialty
Code
540
Unit
15 min.
Area 1
$4.13
Area 2
$3.91
Area 3
$3.66
Supported Employment
Unlicensed Habilitation,
level 3
W7235
W7060
U1
U1
54
54
540
540
15 min.
15 min.
$7.67
$6.26
$7.27
$5.93
$6.79
$5.54
Unlicensed Habilitation,
level 3, enhanced
W7061
54
540
15 min.
$9.82
$9.29
$8.70
Unlicensed Habilitation,
level 4
Unlicensed Habilitation,
level 4, enhanced
W7068
U1
TD & U1
TE & U1
U1
54
540
15 min.
$12.56
$11.89
$11.12
54
540
15 min.
$19.65
$18.61
$17.39
Supports Broker
Respite—unlicensed, in
home, level 2
W7096
W7250
W7258
U1
TD & U1
TE & U1
U1
U1
U1
54
54
54
540
540
540
15 min.
1 day
15 min.
$7.12
$295.74
$4.58
$6.75
$280.04
$4.34
$6.30
$261.72
$4.05
Respite—unlicensed, in
home, level 2, enhanced
W7251
54
540
1 day
$571.16
$540.83
$505.45
54
540
15 min.
$8.84
$8.38
$7.83
54
540
1 day
$591.47
$560.06
$523.42
W7069
W7264
Respite—unlicensed, in
home, level 3
Respite—unlicensed, in
home, level 3, enhanced
Respite—unlicensed, out
of home, level 2
Respite—unlicensed, out
of home, level 2,
enhanced
Respite—unlicensed, out
of home, level 3
W7252
U1
TD & U1
TE & U1
U1
TD & U1
TE & U1
U1
W7265
W7253
U1
U1
TD & U1
TE & U1
54
54
540
540
15 min.
1 day
$9.19
$1,142.31
$8.70
$1,081.66
$8.13
$1,010.90
W7266
U1
54
540
15 min.
$17.71
$16.76
$15.67
W8002
W8012
W8003
TD & U1
TE & U1
U1
U1
U1
TD & U1
TE & U1
54
54
54
540
540
540
1 day
15 min.
1 day
$295.74
$4.58
$571.16
$280.04
$4.34
$540.83
$261.72
$4.05
$505.45
W8013
U1
54
540
15 min.
$8.84
$8.38
$7.83
W8004
W8014
TD & U1
U1
U1
54
54
540
540
1 day
15 min.
$591.47
$9.19
$560.06
$8.70
$523.42
$8.13
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
NOTICES
Service
Respite—unlicensed, out
of home, level 3,
enhanced
Procedure
Code
Modifier**
W8005
U1
7971
Provider
Type
Specialty
Code
Unit
Area 1
Area 2
Area 3
54
540
1 day
$1,142.31
$1,081.66
$1,010.90
54
540
15 min.
$17.71
$16.76
$15.67
TD & U1
TE & U1
W8015
U1
TD & U1
TE & U1
Agency with Choice Financial Management Services, Excluding Benefit Allowance Effective
January 1, 2015**
**Modifier U4 must be used with all procedures codes when billing for services excluding benefit allowance.
Service
Companion, level 3
Procedure
code
Modifier**
W1727
U4
Provider
Type
54
Specialty
Code
540
Unit
15 min.
Area 1
$3.14
Area 2
$2.97
Area 3
$2.78
Supported Employment
Unlicensed Habilitation,
level 3
Unlicensed Habilitation,
level 3, enhanced
W7235
W7060
U4
U4
54
54
540
540
15 min.
15 min.
$6.34
$5.04
$6.00
$4.77
$5.61
$4.46
W7061
54
540
15 min.
$8.20
$7.76
$7.26
Unlicensed Habilitation,
level 4
Unlicensed Habilitation,
level 4, enhanced
W7068
U4
TD & U4
TE & U4
U4
54
540
15 min.
$10.10
$9.56
$8.94
54
540
15 min.
$16.40
$15.53
$14.51
Supports Broker
Respite—unlicensed, in
home, level 2
W7096
W7250
W7258
U4
TD & U4
TE & U4
U4
U4
U4
54
54
54
540
540
540
15 min.
1 day
15 min.
$5.79
$228.95
$3.54
$5.48
$216.79
$3.35
$5.12
$202.61
$3.13
Respite—unlicensed, in
home, level 2, enhanced
W7251
U4
TD & U4
TE & U4
U4
TD & U4
TE & U4
U4
U4
54
540
1 day
$473.97
$448.80
$419.44
54
540
15 min.
$7.33
$6.94
$6.49
54
54
540
540
1 day
15 min.
$457.89
$7.10
$433.58
$6.72
$405.21
$6.28
U4
TD & U4
54
540
1 day
$947.93
$897.60
$838.88
54
540
15 min.
$14.68
$13.90
$12.99
54
540
1 hour
$13.70
$12.97
$12.12
54
54
540
540
1 day
15 min.
$228.95
$3.54
$216.79
$3.35
$202.61
$3.13
W7069
W7264
Respite—unlicensed in
home, level 3
W7252
W7265
Respite—unlicensed, in
home, level 3, enhanced
W7253
W7266
TE & U4
U4
TD & U4
TE & U4
Homemaker/Chore
W7283
Respite—unlicensed, out
of home, level 2
W8002
W8012
U4
UA & U4
U4
U4
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
7972
NOTICES
Service
Respite—unlicensed, out
of home, level 2,
enhanced
Procedure
code
Modifier**
W8003
U4
Provider
Type
Specialty
Code
Unit
Area 1
Area 2
Area 3
54
540
1 day
$473.97
$448.80
$419.44
TD & U4
TE & U4
W8013
U4
TD & U4
TE & U4
54
540
15 min.
$7.33
$6.94
$6.49
Respite—unlicensed, out
of home, level 3
W8004
W8014
U4
U4
54
54
540
540
1 day
15 min.
$457.89
$7.10
$433.58
$6.72
$405.21
$6.28
Respite—unlicensed, out
of home, level 3,
enhanced
W8005
U4
54
540
1 day
$947.93
$897.60
$838.88
54
540
15 min.
$14.68
$13.90
$12.99
TD & U4
TE & U4
W8015
U4
Enhanced Communication Agency with Choice Financial Management Services, Excluding Benefit
Allowance, Consolidated Waiver Only Effective January 1, 2015—Requires ODP Approval**
**Modifier U4 must be used with all procedures codes when billing for services excluding benefit allowance.
Service
Companion, level 3
Supported Employment
Unlicensed Habilitation,
level 3
Unlicensed Habilitation,
level 3, enhanced
Unlicensed Habilitation,
level 4
Unlicensed Habilitation,
level 4, enhanced
Procedure
Code
W1727
W7235
W7060
W7061
W7068
W7069
Provider
Type
54
54
54
Specialty
Code
540
540
540
Unit
15 min.
15 min.
15 min.
Area 1
$3.50
$7.04
$5.65
Area 2
$3.32
$6.66
$5.35
Area 3
$3.10
$6.23
$5.00
U4 & U1
TD & U4
& U1
TE & U4
& U1
U4 & U1
54
540
15 min.
$9.20
$8.70
$8.14
54
540
15 min.
$11.31
$10.70
$10.01
54
540
15 min.
$18.40
$17.42
$16.28
Modifier**
U4 & U1
U4 & U1
U4 & U1
Supports Broker
W7096
U4 & U1
TD & U4
& U1
U4 & U1
54
540
15 min.
$6.49
$6.15
$5.74
Respite—unlicensed, in
home, level 2
W7250
W7258
U4 & U1
U4 & U1
54
54
540
540
1 day
15 min.
$256.05
$3.96
$242.45
$3.75
$226.59
$3.51
Respite—unlicensed, in
home, level 2, enhanced
W7251
U4 & U1
TD & U4
& U1
TE & U4
& U1
U4 & U1
54
540
1 day
$531.47
$503.24
$470.32
54
540
15 min.
$8.22
$7.79
$7.28
54
54
540
540
1 day
15 min.
$512.09
$7.94
$484.90
$7.52
$453.17
$7.02
W7264
TD & U4
& U1
TE & U4
& U1
Respite—unlicensed in
home, level 3
W7252
W7265
U4 & U1
U4 & U1
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
NOTICES
Service
Respite—unlicensed, in
home, level 3, enhanced
Procedure
Code
Modifier**
W7253
U4 & U1
7973
Provider
Type
54
Specialty
Code
540
Unit
1 day
54
540
54
Area 1
$1,062.91
Area 2
$1,006.47
Area 3
$940.63
15 min.
$16.46
$15.59
$14.57
540
1 day
$256.05
$242.45
$226.59
TD & U4
& U1
TE & U4
& U1
W7266
Respite—unlicensed, out
of home, level 2
W8002
U4 & U1
TE & U4
& U1
U4 & U1
W8012
U4 & U1
54
540
15 min.
Respite—unlicensed, out
of home, level 2,
enhanced
W8003
U4 & U1
TD & U4
& U1
54
540
1 day
54
540
54
54
$3.96
$3.75
$3.51
$531.47
$503.24
$470.32
15 min.
$8.22
$7.79
$7.28
540
540
1 day
15 min.
$512.09
$7.94
$484.90
$7.52
$453.17
$7.02
54
540
1 day
$1,062.91
$1,006.47
$940.63
54
540
15 min.
$16.46
$15.59
$14.57
TE & U4
& U1
W8013
Respite—unlicensed, out
of home, level 3
W8004
W8014
Respite—unlicensed, out
of home, level 3,
enhanced
W8005
W8015
U4 & U1
TD & U4
& U1
TE & U4
& U1
U4 & U1
U4 & U1
U4 & U1
TD & U4
& U1
TE & U4
& U1
U4 & U1
TD & U4
& U1
TE & U4
& U1
[Pa.B. Doc. No. 14-2641. Filed for public inspection December 19, 2014, 9:00 a.m.]
Healthy Pennsylvania Cost Sharing Changes
As part of the Department of Human Service’s (Department) Healthy Pennsylvania plan, the Department is
announcing its intent to allow providers to require nonexempt beneficiaries with household income above 100%
of the Federal Poverty Limit (FPL) to pay cost sharing as
a condition for receiving items or services.
Discussion
Effective January 1, 2015, a provider, including a
pharmacy or hospital, may require a Medicaid beneficiary
to pay cost sharing as a condition for receiving an item or
service if the Medicaid beneficiary has household income
above 100% of the FPL, as specified by Federal Medicaid
regulation in 42 CFR 447.52(e)(1) (relating to cost sharing). A provider may only deny services to Medicaid
beneficiaries if it is the customary practice for all patients
the provider serves to be denied services in these situations. A provider may not deny services to Medicaid
beneficiaries with household income of 100% of the FPL
or below. However, this does not change the beneficiaries’
liability for the copayment and does not prevent a
provider from attempting to collect the cost sharing
amount due.
In accordance with 42 CFR 447.56(f) (relating to limitations on premiums and cost sharing), Medicaid premiums
and cost sharing incurred by all individuals in the
Medicaid household may not exceed an aggregate limit of
5% of household income applied on a quarterly basis. The
Department’s claims processing system, also known as
PROMISeTM, will determine when the quarterly aggregate limit has been reached and no further cost sharing
will be assessed until the next quarter.
Fiscal Impact
The Department anticipates no financial impact.
Public Comment
Interested persons are invited to submit written comments regarding this notice to the Department of Human
Services, Office of Medical Assistance Programs, c/o Regulations Coordinator, Room 515, Health and Welfare Build-
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
7974
NOTICES
ing, Harrisburg, PA 17120. Comments received within 30
days will be reviewed and considered for any subsequent
revision of the notice.
Persons with a disability who require an auxiliary aid
or service may submit comments using the Pennsylvania
AT&T Relay Service at (800) 654-5984 (TDD users) or
(800) 654-5988 (voice users).
BEVERLY D. MACKERETH,
Secretary
Fiscal Note: 14-NOT-926. No fiscal impact. (8) recommends adoption.
be reviewed and considered for any subsequent revisions
of the MA Program Fee Schedule. Persons with a disability who require an auxiliary aid or service may submit
comments using the Pennsylvania AT&T Relay Service
(800) 654-5984 (TDD users) or (800) 654-5988 (voice
users).
BEVERLY D. MACKERETH,
Secretary
Fiscal Note: 14-NOT-925. No fiscal impact. (8) recommends adoption.
[Pa.B. Doc. No. 14-2643. Filed for public inspection December 19, 2014, 9:00 a.m.]
[Pa.B. Doc. No. 14-2642. Filed for public inspection December 19, 2014, 9:00 a.m.]
Medical Assistance Program Fees for Primary Care
Services
The Department of Human Services (Department) is
announcing that it will pay the current Medical Assistance (MA) Program Fee Schedule rates for primary care
services to all MA Program enrolled physicians, effective
with dates of service on and after January 1, 2015.
Background
Section 1202 of the Patient Protection and Affordable
Care Act (Pub. L. No. 111-148), as amended by the Health
Care and Education Reconciliation Act of 2010 (Pub. L.
No. 111-152) (collectively ACA), required state Medicaid
programs to pay qualifying physicians increased fees for
specified primary care services that were no less than the
Medicare rates in effect in calendar years (CY) 2013 and
2014, or if greater, the rates that were applicable in those
CYs using the CY 2009 Medicare physician fee schedule
conversion factor. The Centers for Medicare and Medicaid
Services (CMS) provided for an enhanced Federal Medical
Assistance Percentage (FMAP) of 100% of the rate in
excess of the MA Program rate for CYs 2013 and 2014.
Qualifying physicians who rendered primary care services to Medicaid beneficiaries in the MA Program’s
fee-for-service and managed care delivery systems received the increased fees in CYs 2013 and 2014.
Discussion
Effective January 1, 2015, CMS will no longer provide
an enhanced FMAP. Accordingly, and as set forth in the
notices published by the Department at 43 Pa.B. 105
(January 5, 2013) and 44 Pa.B. 1949 (March 29, 2014),
the Department will revert to paying all MA enrolled
physicians the current MA Program Fee Schedule rates
for primary care services.
The Department will issue an MA Bulletin to provide
further information to physicians and will post the MA
Bulletin on the Department’s designated ACA Physician
Fee Increases for Primary Care Services webpage.
Fiscal Impact
The Department does not anticipate a fiscal impact as a
result of paying the current rates listed on the MA
Program Fee Schedule for primary care services.
Public Comment
Interested persons are invited to submit written comments regarding this notice to the Department of Human
Services, Office of Medical Assistance Programs, c/o
Deputy Secretary’s Office, Attention: Regulations Coordinator, Room 515, Health and Welfare Building, Harrisburg, PA 17120. Comments received within 30 days will
PACE Expansion of the Living Independence for
the Elderly Program for Montgomery County
The Living Independence for the Elderly (LIFE) Program is the Commonwealth’s version of the Federal
Program of All-inclusive Care for the Elderly (PACE). The
Department of Human Services (Department) is planning
to expand the LIFE Program in Montgomery County to
satisfy participant needs and interest from providers and
stakeholders in serving Montgomery County. The Department will solicit information from organizations interested in opening a LIFE center and participating in the
LIFE Program in Montgomery County.
PACE providers will be responsible to deliver specific
services to individuals enrolled in the LIFE Program who
are eligible for Medical Assistance (MA) and are nursing
facility clinically eligible. To become a PACE provider, the
organization must be enrolled in the MA Program, comply
with Federal PACE regulations and adhere to the related
PACE program agreements.
There are no start-up grant dollars related to the
development or operations of a LIFE center. Interested
organizations will be responsible for all costs incurred
during this and subsequent processes. Participant enrollment will not be authorized until the PACE program
agreements between the provider, Centers for Medicare
and Medicaid Services (CMS) and the Department have
been signed, an executed MA Provider Agreement is in
place and the Commonwealth budget allocation is sufficient to support this expansion.
The organization shall provide an original and three
hard copies of the submission to the Department within
90 days of this publication. In addition, the organization
may submit a redacted copy of the submission for proprietary purposes.
Submission Requirements
The following must be included in the submission in
the order listed and documents must be clearly labeled:
1. Cover Letter
An officer of the organization authorized to contractually bind the organization shall submit a signed cover
letter which indicates interest in operating and participating as a LIFE provider serving the Montgomery
County area.
2. Organizational Background
The organization shall illustrate its history (and of any
parent organization) and experience in serving individuals qualified for the PACE program and in developing
long-term services and supports projects. The organization shall also identify the governing board.
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
NOTICES
3. Feasibility Study
The organization shall provide the Department with a
feasibility study (market and financial assessment) of the
project showing the number of PACE-eligible citizens in
the service area and the expected growth of enrollment by
month for at least the first 2 years of operation. The
study must be conducted by an approved PACE Technical
Assistance Center which can be found at http://www.
npaonline.org/website/article.asp?id=64&title=PACE_
Technical_Assistance_Centers. The organization shall provide a complete copy of the study or the submission will
be rejected.
The feasibility study must evaluate at least the following and provide evidence and examples to support any
claims:
• The realistic demand for the PACE services in the
proposed service area. The analysis must cite the sources
and years of the data used, the calculations and rationale
to estimate the PACE-eligible population and it must
provide comparison to successful PACE programs in
similar regions, Nationally or in this Commonwealth. The
analysis cannot assume that the program will achieve
substantial market penetration in the early years or be a
market leader, that is reaching 15-16%, without substantial proof.
• The organization’s experience in programs having
principles consistent with the PACE model, and that the
organization has the depth of leadership and experience
required to address the challenges in developing a sustainable PACE program.
• The organization’s experience with primary, acute or
long-term care services and demonstrated capability in
serving a Medicare and Medicaid-eligible population.
• The financial capacity to fund program development,
assume financial risk and fund risk reserve to and
through the sustainability point. This shall include a
2-year start-up budget showing the following:
a) Monthly enrollment growth projections.
b) Costs of operations, including marketing and advertising.
c) Sources of funding, both initial startup and periodic
infusions.
d) The break-even census number and month, plus the
desired maximum census.
• The project design incorporates a LIFE center (licensed as an adult daily living center), transportation for
the participants, 24-hour service capability, service plan
and staffing ratios—all at or above the Commonwealth
and Federal PACE mandates.
• The accessibility to nursing facilities, home and
community-based services, hospitals and other needs of
population in this Commonwealth.
4. Service Area
Organizations shall describe the service area (include
zip codes), the estimated number of PACE-eligibles, geography, demographics and the realistic annual enrollment
expected over the first 2 years.
7975
medical and service providers, community leaders, and
the like (examples, marketing professionals on staff who
have successfully started and sustained a PACE-like
program; uniqueness in project design or outcomes expected; eliminating or downsizing nursing facility beds;
improving the quality of collaborations with hospitals,
personal service and medical providers, housing sources,
and builders; incorporating innovative referral and marketing methods).
6. Implementation Plan
Organizations shall show an ability to provide services
to potential Montgomery County participants within 18
months of receiving formal notification of selection from
the Department. Details of the implementation plan shall
include the level of construction needed for site and
whether a design firm or contractor has been consulted.
Organizations shall also describe the staffing plan and
whether a set of professionals and others has been
surveyed for interest in serving the program. The implementation plan shall also explain how operational needs
will be managed 24 hours a day. Further, the organization
selected must adhere to milestones established by the
Department. The Department will terminate a project
which is not executed in a timely manner.
7. Financial Viability and Commitment
Organizations shall provide realistic, justified and attainable detailed financial projections (including: resources for consulting, acquisition of space, acquisition of
equipment, vans, working capital and solvency reserves)
and enrollment census projections for at least 2 years. If
applicable, the organization shall provide evidence that
the organization has been successful with similar operations. The organization shall provide a letter of commitment from the board of directors, signed by an officer of
the organization authorized to contractually bind the
organization, to fund the project. In addition, the organization shall provide documentation of a risk reserve that
will provide for sustainability. The organization shall
provide the last 2 years of audited financial statements. If
external financing is needed, provide a letter of intent
from the lender.
Evaluation of Submissions
The responses will be evaluated by a committee of
Department administrators and analysts. The Department reserves the right to investigate any claims made or
information provided. The Department also reserves the
right of final approval or to reject a submission or to
modify and reissue this solicitation. If selected, additional
steps will be required, such as submission of a formal
CMS application.
Partnering in submissions is allowable; however, each
organization must provide a letter of commitment authorized by their board of directors, which is signed by an
officer of the organization authorized to contractually
bind the organization. Partnering in a submission does
not limit an organization’s ability to submit independently.
Fiscal Impact
There is no fiscal impact anticipated for this notice.
5. Marketing Plan
Submission of Information
Organizations shall illustrate the outreach methods,
the advertising methods and schedules and follow-up
schedules. Organizations shall also illustrate and document any supportive relationships, contracts and commitments that are already in place with aging organizations,
Submissions must be addressed to the Department of
Human Services, Office of Long-Term Living, Office of
Chief of Staff, Attention: Jonathan Bowman, P. O. Box
8025, Harrisburg, PA 17105-8025. The Department must
receive the submission within 90 days of this publication
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
7976
NOTICES
or the submission will be rejected. Questions regarding
this notice should be submitted to the Department at
[email protected]
Persons with a disability who require an auxiliary aid
or service may submit questions using the Pennsylvania
AT&T Relay Service at (800) 654-5984 (TDD users) or
(800) 654-5988 (voice users).
BEVERLY D. MACKERETH,
Secretary
ance Programs, c/o Regulations Coordinator, Room 515,
Health and Welfare Building, Harrisburg, PA 17120.
Comments will be reviewed and considered.
BEVERLY D. MACKERETH,
Secretary
Fiscal Note: 14-NOT-922. No fiscal impact; (8) recommends adoption.
[Pa.B. Doc. No. 14-2645. Filed for public inspection December 19, 2014, 9:00 a.m.]
Fiscal Note: 14-NOT-923. No fiscal impact; (8) recommends adoption.
[Pa.B. Doc. No. 14-2644. Filed for public inspection December 19, 2014, 9:00 a.m.]
Payment Methodology for Services in the SchoolBased Access Program
The Department of Human Services (Department) is
revising the payment methodology used for the SchoolBased Access Program (SBAP) as required by the Centers
for Medicare and Medicaid Services (CMS).
Background
The Medical Assistance (MA) Program covers a broad
range of health-related services provided to children with
disabilities through the SBAP. Services must be healthrelated, not educational, and must be provided by a
qualified MA provider. To be eligible for MA payment,
services must be medically necessary and must be listed
on the child’s Individualized Education Program.
The Department provides payment to local education
agencies (LEA) for school-based services. School-based
services are paid on a cost-related basis. The payment
methodology includes a cost reconciliation and cost settlement process. Each LEA certifies its costs. See 43 Pa.B.
2524 (May 4, 2013). Currently, LEAs include school
districts, charter schools, intermediate units, vocationaltechnical schools, preschool early intervention programs
and approved private schools (APS).
Discussion
The CMS advised the Department that APSs are not
government units for Medicaid reimbursement purposes
and, therefore, cannot utilize a certified public expenditure funding mechanism. As a result, effective January 1,
2015, APSs will no longer be eligible to participate as MA
providers in the SBAP. APSs can continue to receive
payment for school-based services by entering into contracts with LEAs that are enrolled in the MA Program as
qualified providers. The participating LEAs will pay the
APSs and may include the payments on their cost report
as a contracted cost.
Fiscal Impact
The Department anticipates no fiscal impact as a result
of this change in payment methodology for SBAP services.
Public Comment
Interested persons are invited to submit written comments regarding the revised payment methodology to the
Department of Human Services, Office of Medical Assist-
DEPARTMENT OF
LABOR AND INDUSTRY
Uniform Construction Code Review and Advisory
Council Meeting
The Uniform Construction Code Review and Advisory
Council will hold a meeting on Wednesday, January 14,
2015, at 10 a.m. at the Labor and Industry Building,
E-100, 651 Boas Street, Harrisburg, PA 17121.
Additional information concerning the meeting may be
found on the Department of Labor and Industry web site
at www.dli.state.pa.us. Scroll down and click on the link
for ‘‘Uniform Construction Code’’ then ‘‘UCC Review and
Advisory Council.’’
Questions concerning this may be directed to Joseph P.
Marchioni, Jr. at (717) 783-6304.
JULIA K. HEARTHWAY,
Secretary
[Pa.B. Doc. No. 14-2646. Filed for public inspection December 19, 2014, 9:00 a.m.]
DEPARTMENT
OF REVENUE
Pennsylvania $1,000,000 Super Cash Instant Lottery Game
Under the State Lottery Law (72 P. S. §§ 3761-101—
3761-314) and 61 Pa. Code § 819.203 (relating to notice of
instant game rules), the Secretary of Revenue hereby
provides public notice of the rules for the following
instant lottery game:
1. Name: The name of the game is Pennsylvania
$1,000,000 Super Cash.
2. Price: The price of a Pennsylvania $1,000,000 Super
Cash instant lottery game ticket is $20.
3. Play Symbols: Each Pennsylvania $1,000,000 Super
Cash instant game ticket will contain one play area
featuring a ‘‘WINNING NUMBERS’’ area and a ‘‘YOUR
NUMBERS’’ area. The play symbols and their captions
located in the ‘‘WINNING NUMBERS’’ area are: 1 (ONE),
2 (TWO), 3 (THREE), 4 (FOUR), 5 (FIVE), 6 (SIX), 7
(SEVEN), 8 (EIGHT), 9 (NINE), 10 (TEN), 11 (ELEVN),
12 (TWLV), 13 (THRTN), 14 (FORTN), 15 (FIFTN), 16
(SIXTN), 17 (SVNTN), 18 (EGHTN), 19 (NINTN), 20
(TWENT), 21 (TWYONE), 22 (TWYTWO), 23 (TWYTHR),
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
NOTICES
24 (TWYFOR), 25 (TWYFIV), 26 (TWYSIX), 27
(TWYSVN), 28 (TWYEGT), 29 (TWYNIN), 30 (THIRTY),
31 (THYONE), 32 (THYTWO), 33 (THYTHR), 34
(THYFOR), 35 (THYFIV), 36 (THYSIX), 37 (THYSVN), 38
(THYEGT), 39 (THYNIN) and 40 (FORTY). The play
symbols and their captions located in the ‘‘YOUR NUMBERS’’ area are: 1 (ONE), 2 (TWO), 3 (THREE), 4
(FOUR), 5 (FIVE), 6 (SIX), 7 (SEVEN), 8 (EIGHT), 9
(NINE), 10 (TEN), 11 (ELEVN), 12 (TWLV), 13 (THRTN),
14 (FORTN), 15 (FIFTN), 16 (SIXTN), 17 (SVNTN), 18
(EGHTN), 19 (NINTN), 20 (TWENT), 21 (TWYONE), 22
(TWYTWO), 23 (TWYTHR), 24 (TWYFOR), 25 (TWYFIV),
26 (TWYSIX), 27 (TWYSVN), 28 (TWYEGT), 29
(TWYNIN), 30 (THIRTY), 31 (THYONE), 32 (THYTWO),
33 (THYTHR), 34 (THYFOR), 35 (THYFIV), 36 (THYSIX),
37 (THYSVN), 38 (THYEGT), 39 (THYNIN), 40 (FORTY),
Money Roll (MNYRL) symbol, Money Bag (WIN100)
symbol and a SUPER (WINALL) symbol.
4. Prize Symbols: The prize symbols and their captions
located in the ‘‘YOUR NUMBERS’’ area are: $10.00 (TEN
DOL), $20.00 (TWENTY), $25.00 (TWY FIV), $30.00
(THIRTY), $40.00 (FORTY), $50.00 (FIFTY), $100 (ONE
HUN), $250 (TWOHUNFTY), $500 (FIV HUN), $1,000
(ONE
THO),
$10,000
(TEN
THO),
$100,000
(ONEHUNTHO) and $1MILL (ONE MIL).
5. Prizes: The prizes that can be won in this game are:
$10, $20, $25, $30, $40, $50, $100, $250, $500, $1,000,
$10,000, $100,000 and $1,000,000. A player can win up to
20 times on a ticket.
6. Approximate Number of Tickets Printed For the
Game: Approximately 5,400,000 tickets will be printed for
the Pennsylvania $1,000,000 Super Cash instant game.
7. Determination of Prize Winners:
(a) Holders of tickets upon which any one of the
‘‘YOUR NUMBERS’’ play symbols matches any of the
‘‘WINNING NUMBERS’’ play symbols and a prize symbol
of $1MILL (ONE MIL) appears under the matching
‘‘YOUR NUMBERS’’ play symbol, on a single ticket, shall
be entitled to a prize of $1,000,000. This prize shall be
paid as a lump-sum cash payment.
(b) Holders of tickets upon which any one of the
‘‘YOUR NUMBERS’’ play symbols matches any of the
‘‘WINNING NUMBERS’’ play symbols and a prize symbol
of $100,000 (ONEHUNTHO) appears under the matching
‘‘YOUR NUMBERS’’ play symbol, on a single ticket, shall
be entitled to a prize of $100,000.
(c) Holders of tickets upon which any one of the ‘‘YOUR
NUMBERS’’ play symbols matches any of the ‘‘WINNING
NUMBERS’’ play symbols and a prize symbol of $10,000
(TEN THO) appears under the matching ‘‘YOUR NUMBERS’’ play symbol, on a single ticket, shall be entitled to
a prize of $10,000.
(d) Holders of tickets upon which any one of the
‘‘YOUR NUMBERS’’ play symbols is a SUPER (WINALL)
symbol and a prize symbol of $500 (FIV HUN) appears in
all 20 of the ‘‘prize’’ areas, on a single ticket, shall be
entitled to a prize of $10,000.
(e) Holders of tickets upon which any one of the
‘‘YOUR NUMBERS’’ play symbols matches any of the
‘‘WINNING NUMBERS’’ play symbols and a prize symbol
of $1,000 (ONE THO) appears under the matching
‘‘YOUR NUMBERS’’ play symbol, on a single ticket, shall
be entitled to a prize of $1,000.
7977
(f) Holders of tickets upon which any one of the ‘‘YOUR
NUMBERS’’ play symbols is a Money Roll (MNYRL)
symbol and a prize symbol of $1,000 (ONE THO) appears
under the Money Roll (MNYRL) symbol, on a single
ticket, shall be entitled to a prize of $1,000.
(g) Holders of tickets upon which any one of the
‘‘YOUR NUMBERS’’ play symbols is a SUPER (WINALL)
symbol and a prize symbol of $50.00 (FIFTY) appears in
all twenty of the ‘‘prize’’ areas, on a single ticket, shall be
entitled to a prize of $1,000.
(h) Holders of tickets upon which any one of the
‘‘YOUR NUMBERS’’ play symbols matches any of the
‘‘WINNING NUMBERS’’ play symbols and a prize symbol
of $500 (FIV HUN) appears under the matching ‘‘YOUR
NUMBERS’’ play symbol, on a single ticket, shall be
entitled to a prize of $500.
(i) Holders of tickets upon which any one of the ‘‘YOUR
NUMBERS’’ play symbols is a SUPER (WINALL) symbol
and a prize symbol of $25.00 (TWY FIV) appears in all
twenty of the ‘‘prize’’ areas, on a single ticket, shall be
entitled to a prize of $500.
(j) Holders of tickets upon which any one of the ‘‘YOUR
NUMBERS’’ play symbols matches any of the ‘‘WINNING
NUMBERS’’ play symbols and a prize symbol of $250
(TWOHUNFTY) appears under the matching ‘‘YOUR
NUMBERS’’ play symbol, on a single ticket, shall be
entitled to a prize of $250.
(k) Holders of tickets upon which any one of the
‘‘YOUR NUMBERS’’ play symbols is a Money Roll
(MNYRL) symbol and a prize symbol of $250
(TWOHUNFTY) appears under the Money Roll (MNYRL)
symbol, on a single ticket, shall be entitled to a prize of
$250.
(l) Holders of tickets upon which any one of the ‘‘YOUR
NUMBERS’’ play symbols is a SUPER (WINALL) symbol
and a prize symbol of $20.00 (TWENTY) appears in five of
the ‘‘prize’’ areas and a prize symbol of $10.00 (TEN DOL)
appears in 15 of the ‘‘prize’’ areas, on a single ticket, shall
be entitled to a prize of $250.
(m) Holders of tickets upon which any one of the
‘‘YOUR NUMBERS’’ play symbols matches any of the
‘‘WINNING NUMBERS’’ play symbols and a prize symbol
of $100 (ONE HUN) appears under the matching ‘‘YOUR
NUMBERS’’ play symbol, on a single ticket, shall be
entitled to a prize of $100.
(n) Holders of tickets upon which any one of the
‘‘YOUR NUMBERS’’ play symbols is a Money Roll
(MNYRL) symbol and a prize symbol of $100 (ONE HUN)
appears under the Money Roll (MNYRL) symbol, on a
single ticket, shall be entitled to a prize of $100.
(o) Holders of tickets upon which any one of the
‘‘YOUR NUMBERS’’ play symbols is a Money Bag
(WIN100) symbol, on a single ticket, shall be entitled to a
prize of $100.
(p) Holders of tickets upon which any one of the
‘‘YOUR NUMBERS’’ play symbols matches any of the
‘‘WINNING NUMBERS’’ play symbols and a prize symbol
of $50.00 (FIFTY) appears under the matching ‘‘YOUR
NUMBERS’’ play symbol, on a single ticket, shall be
entitled to a prize of $50.
(q) Holders of tickets upon which any one of the
‘‘YOUR NUMBERS’’ play symbols matches any of the
‘‘WINNING NUMBERS’’ play symbols and a prize symbol
of $40.00 (FORTY) appears under the matching ‘‘YOUR
NUMBERS’’ play symbol, on a single ticket, shall be
entitled to a prize of $40.
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
7978
NOTICES
(r) Holders of tickets upon which any one of the ‘‘YOUR
NUMBERS’’ play symbols is a Money Roll (MNYRL)
symbol and a prize symbol of $40.00 (FORTY) appears
under the Money Roll (MNYRL) symbol, on a single
ticket, shall be entitled to a prize of $40.
(s) Holders of tickets upon which any one of the
‘‘YOUR NUMBERS’’ play symbols matches any of the
‘‘WINNING NUMBERS’’ play symbols and a prize symbol
of $30.00 (THIRTY) appears under the matching ‘‘YOUR
NUMBERS’’ play symbol, on a single ticket, shall be
entitled to a prize of $30.
(t) Holders of tickets upon which any one of the ‘‘YOUR
NUMBERS’’ play symbols is a Money Roll (MNYRL)
symbol and a prize symbol of $30.00 (THIRTY) appears
under the Money Roll (MNYRL) symbol, on a single
ticket, shall be entitled to a prize of $30.
(u) Holders of tickets upon which any one of the
‘‘YOUR NUMBERS’’ play symbols matches any of the
‘‘WINNING NUMBERS’’ play symbols and a prize symbol
of $25.00 (TWY FIV) appears under the matching ‘‘YOUR
NUMBERS’’ play symbol, on a single ticket, shall be
entitled to a prize of $25.
When Any Of Your Numbers
Match Any Winning Number,
Win Prize Shown Under The
Matching Number. Win With:
$20 w/ MONEY ROLL
$20
$25 w/ MONEY ROLL
$25
$30 w/ MONEY ROLL
$30
$20 × 2
$40 w/ MONEY ROLL
$40
$25 × 2
$30 + $20
$50
$20 × 5
$100 w/ MONEY BAG
$100 w/ MONEY ROLL
$100
SUPER w/ (($20 × 5) + ($10 × 15))
$50 × 5
($100 × 2) + $50
($30 × 7) + $40
(($100 w/ MONEY BAG) × 2) + $50
$250 w/ MONEY ROLL
$250
SUPER w/ $25 × 20
$100 × 5
$250 × 2
($50 × 5) + ($25 × 10)
($100 × 2) + $250 + $50
($100 w/ MONEY BAG) × 5
$500
SUPER w/ $50 × 20
$250 × 4
$500 × 2
($100 × 5) + ($50 × 10)
($100 × 2) + $500 + $250 + $50
($100 w/ MONEY BAG) × 10
$1,000 w/ MONEY ROLL
$1,000
(v) Holders of tickets upon which any one of the
‘‘YOUR NUMBERS’’ play symbols is a Money Roll
(MNYRL) symbol and a prize symbol of $25.00 (TWY FIV)
appears under the Money Roll (MNYRL) symbol, on a
single ticket, shall be entitled to a prize of $25.
(w) Holders of tickets upon which any one of the
‘‘YOUR NUMBERS’’ play symbols matches any of the
‘‘WINNING NUMBERS’’ play symbols and a prize symbol
of $20.00 (TWENTY) appears under the matching ‘‘YOUR
NUMBERS’’ play symbol, on a single ticket, shall be
entitled to a prize of $20.
(x) Holders of tickets upon which any one of the
‘‘YOUR NUMBERS’’ play symbols is a Money Roll
(MNYRL) symbol and a prize symbol of $20.00 (TWENTY)
appears under the Money Roll (MNYRL) symbol, on a
single ticket, shall be entitled to a prize of $20.
8. Number and Description of Prizes and Approximate
Odds: The following table sets forth the approximate
number of winners, amounts of prizes, and approximate
odds of winning:
Win:
Approximate
Odds Are 1 In:
$20
$20
$25
$25
$30
$30
$40
$40
$40
$50
$50
$50
$100
$100
$100
$100
$250
$250
$250
$250
$250
$250
$250
$500
$500
$500
$500
$500
$500
$500
$1,000
$1,000
$1,000
$1,000
$1,000
$1,000
$1,000
$1,000
15
15
30
30
60
60
150
300
150
300
100
300
150
150
150
150
800
1,200
1,200
1,200
800
1,200
1,500
1,200
3,000
2,400
2,400
3,000
2,000
3,000
3,750
12,000
12,000
8,000
8,000
6,000
12,000
12,000
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
Approximate No.
Of Winners Per
5,400,000 Tickets
360,000
360,000
180,000
180,000
90,000
90,000
36,000
18,000
36,000
18,000
54,000
18,000
36,000
36,000
36,000
36,000
6,750
4,500
4,500
4,500
6,750
4,500
3,600
4,500
1,800
2,250
2,250
1,800
2,700
1,800
1,440
450
450
675
675
900
450
450
NOTICES
When Any Of Your Numbers
Match Any Winning Number,
Win Prize Shown Under The
Approximate
Matching Number. Win With:
Win:
Odds Are 1 In:
SUPER w/ $500 × 20
$10,000
216,000
$10,000
$10,000
216,000
$100,000
$100,000
540,000
$1,000,000
$1,000,000
1,080,000
Reveal a ‘‘MONEY ROLL’’ (MNYRL) symbol, win prize shown under that symbol automatically.
Reveal a ‘‘MONEY BAG’’ (WIN100) symbol, win $100 instantly.
Reveal a ‘‘SUPER’’ (WINALL) symbol, win all 20 prizes shown.
Prizes, including top prizes, are subject to availability
at the time of purchase.
9. Retailer Incentive Awards: The Lottery may conduct
a separate Retailer Incentive Program for retailers who
sell Pennsylvania $1,000,000 Super Cash instant lottery
game tickets.
10. Retailer Bonus: The Lottery may offer a retailer
bonus in connection with the sale of Pennsylvania instant
lottery game tickets. If a retailer bonus is offered, a
Lottery retailer shall be eligible for a bonus as described
in this section. Lottery retailers who sell a winning ticket
that entitles the ticket holder to a prize, either payable in
a single installment or having a guaranteed minimum
payout, of at least $100,000 and not exceeding $500,000
shall be paid a bonus of $500. Lottery retailers who sell a
winning ticket that entitles the ticket holder to a prize,
either payable in a single installment or having a guaranteed minimum payout, of at least $500,001 and not
exceeding $1,000,000 shall be paid a bonus of $5,000.
Lottery retailers who sell a winning ticket that entitles
the ticket holder to a prize, either payable in a single
installment or having a guaranteed minimum payout, of
at least $1,000,001 and not exceeding $10,000,000 shall
be paid a bonus of $10,000. A Lottery retailer is entitled
only to the largest bonus for which he qualifies on a
winning ticket. A bonus will be initiated for payment after
the instant ticket is claimed and validated. A bonus will
not be awarded to a Lottery retailer that sells a nonwinning Pennsylvania Lottery instant ticket used to enter
a Pennsylvania Lottery second-chance drawing or promotion that is subsequently selected to win a prize.
11. Unclaimed Prize Money: For a period of 1 year
from the announced close of Pennsylvania $1,000,000
Super Cash, prize money from winning Pennsylvania
$1,000,000 Super Cash instant lottery game tickets will
be retained by the Secretary for payment to the persons
entitled thereto. If no claim is made within 1 year of the
announced close of the Pennsylvania $1,000,000 Super
Cash instant lottery game, the right of a ticket holder to
claim the prize represented by the ticket, if any, will
expire and the prize money will be paid into the State
Lottery Fund and used for purposes provided for by
statute.
12. Governing Law: In purchasing a ticket, the customer agrees to comply with and abide by the State
Lottery Law (72 P. S. §§ 3761-101—3761-314), 61
Pa. Code Part V (relating to State Lotteries) and the
provisions contained in this notice.
13. Termination of the Game: The Secretary may announce a termination date, after which no further tickets
from this game may be sold. The announcement will be
7979
Approximate No.
Of Winners Per
5,400,000 Tickets
25
25
10
5
disseminated through media used to advertise or promote
Pennsylvania $1,000,000 Super Cash or through normal
communications methods.
DANIEL MEUSER,
Secretary
[Pa.B. Doc. No. 14-2647. Filed for public inspection December 19, 2014, 9:00 a.m.]
Pennsylvania Cash Cow ’14 Instant Lottery Game
Under the State Lottery Law (72 P. S. §§ 3761-101—
3761-314) and 61 Pa. Code § 819.203 (relating to notice of
instant game rules), the Secretary of Revenue hereby
provides public notice of the rules for the following
instant lottery game:
1. Name: The name of the game is Pennsylvania Cash
Cow ’14.
2. Price: The price of a Pennsylvania Cash Cow ’14
instant lottery game ticket is $1.
3. Play Symbols: Each Pennsylvania Cash Cow ’14
instant lottery game ticket will contain one play area.
The play symbols and their captions, located in the play
area are: Piggy (PIGGY) symbol, Corn (CORN) symbol,
Sheep (SHEEP) symbol, Tractor (TRCTR) symbol, Chick
(CHIC) symbol, Milk (MILK) symbol, Barn (BARN) symbol, COWBELL (CWBELL) symbol and a Cash (CASH)
symbol.
4. Prize Symbols: The prize symbols and their captions, located in the play area are: FREE (TICKET), $1.00
(ONE DOL), $2.00 (TWO DOL), $4.00 (FOR DOL), $5.00
(FIV DOL), $10.00 (TEN DOL), $20.00 (TWENTY), $25.00
(TWY FIV), $50.00 (FIFTY), $100 (ONE HUN), $500 (FIV
HUN) and $5,000 (FIV THO).
5. Prizes: The prizes that can be won in this game are:
Free $1 Ticket, $1, $2, $4, $5, $10, $20, $25, $50, $100,
$500 and $5,000. The player can win up to 5 times on the
ticket.
6. Approximate Number of Tickets Printed For the
Game: Approximately 10,800,000 tickets will be printed
for the Pennsylvania Cash Cow ’14 instant lottery game.
7. Determination of Prize Winners:
(a) Holders of tickets with a Cash (CASH) symbol in
the play area and a prize symbol of $5,000 (FIV THO) in
the ‘‘prize’’ area under that Cash (CASH) symbol, on a
single ticket, shall be entitled to a prize of $5,000.
(b) Holders of tickets with a Cash (CASH) symbol in
the play area and a prize symbol of $500 (FIV HUN) in
the ‘‘prize’’ area under that Cash (CASH) symbol, on a
single ticket, shall be entitled to a prize of $500.
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
7980
NOTICES
(c) Holders of tickets with a Cash (CASH) symbol in
the play area and a prize symbol of $100 (ONE HUN) in
the ‘‘prize’’ area under that Cash (CASH) symbol, on a
single ticket, shall be entitled to a prize of $100.
(d) Holders of tickets with a COWBELL (CWBELL)
symbol in the play area and a prize symbol of $20.00
(TWENTY) in all five of the ‘‘prize’’ areas, on a single
ticket, shall be entitled to a prize of $100.
(e) Holders of tickets with a Cash (CASH) symbol in
the play area and a prize symbol of $50.00 (FIFTY) in the
‘‘prize’’ area under that Cash (CASH) symbol, on a single
ticket, shall be entitled to a prize of $50.
(f) Holders of tickets with a COWBELL (CWBELL)
symbol in the play area and a prize symbol of $10.00
(TEN DOL) in all five of the ‘‘prize’’ areas, on a single
ticket, shall be entitled to a prize of $50.
(g) Holders of tickets with a Cash (CASH) symbol in
the play area and a prize symbol of $25.00 (TWY FIV) in
the ‘‘prize’’ area under that Cash (CASH) symbol, on a
single ticket, shall be entitled to a prize of $25.
(h) Holders of tickets with a COWBELL (CWBELL)
symbol in the play area and a prize symbol of $5.00 (FIV
DOL) in all five of the ‘‘prize’’ areas, on a single ticket,
shall be entitled to a prize of $25.
(i) Holders of tickets with a Cash (CASH) symbol in
the play area and a prize symbol of $20.00 (TWENTY) in
the ‘‘prize’’ area under that Cash (CASH) symbol, on a
single ticket, shall be entitled to a prize of $20.
(j) Holders of tickets with a COWBELL (CWBELL)
symbol in the play area and a prize symbol of $4.00 (FOR
DOL) in all five of the ‘‘prize’’ areas, on a single ticket,
shall be entitled to a prize of $20.
(k) Holders of tickets with a Cash (CASH) symbol in
the play area and a prize symbol of $10.00 (TEN DOL) in
the ‘‘prize’’ area under that Cash (CASH) symbol, on a
single ticket, shall be entitled to a prize of $10.
Reveal A ‘‘CASH’’ (CASH) Symbol,
Win Prize Shown Under That
Symbol. Win With:
FREE
$1
$1 × 2
$2
$1 × 4
$2 × 2
($1 × 2) + $2
$4
COWBELL w/
($2 × 2) + $1
$5
COWBELL w/
$5 × 2
$10
COWBELL w/
$5 × 4
$10 × 2
$20
COWBELL w/
$25
COWBELL w/
$25 × 2
($1 × 5)
($2 × 5)
($4 × 5)
($5 × 5)
($10 × 5)
(l) Holders of tickets with a COWBELL (CWBELL)
symbol in the play area and a prize symbol of $2.00 (TWO
DOL) in all five of the ‘‘prize’’ areas, on a single ticket,
shall be entitled to a prize of $10.
(m) Holders of tickets with a Cash (CASH) symbol in
the play area and a prize symbol of $5.00 (FIV DOL) in
the ‘‘prize’’ area under that Cash (CASH) symbol, on a
single ticket, shall be entitled to a prize of $5.
(n) Holders of tickets with a COWBELL (CWBELL)
symbol in the play area and a prize symbol of $1.00 (ONE
DOL) in all five of the ‘‘prize’’ areas, on a single ticket,
shall be entitled to a prize of $5.
(o) Holders of tickets with a Cash (CASH) symbol in
the play area and a prize symbol of $4.00 (FOR DOL) in
the ‘‘prize’’ area under that Cash (CASH) symbol, on a
single ticket, shall be entitled to a prize of $4.
(p) Holders of tickets with a Cash (CASH) symbol in
the play area and a prize symbol of $2.00 (TWO DOL) in
the ‘‘prize’’ area under that Cash (CASH) symbol, on a
single ticket, shall be entitled to a prize of $2.
(q) Holders of tickets with a Cash (CASH) symbol in
the play area and a prize symbol of $1.00 (ONE DOL) in
the ‘‘prize’’ area under that Cash (CASH) symbol, on a
single ticket, shall be entitled to a prize of $1.
(r) Holders of tickets with a Cash (CASH) symbol in
the play area and a prize symbol of FREE (TICKET) in
the ‘‘prize’’ area under that Cash (CASH) symbol, on a
single ticket, shall be entitled to a prize of one Pennsylvania Cash Cow ’14 instant game ticket or one Pennsylvania Lottery instant game ticket with a $1 sale price which
is currently on sale.
8. Number and Description of Prizes and Approximate
Odds: The following table sets forth the approximate
number of winners, amounts of prizes, and approximate
odds of winning:
Win:
Approximate
Odds Are 1 In:
FREE $1 TICKET
$1
$2
$2
$4
$4
$4
$4
$5
$5
$5
$10
$10
$10
$20
$20
$20
$20
$25
$25
$50
$50
10
75
37.5
37.5
200
200
200
200
150
300
300
300
300
300
750
1,500
1,500
1,500
800
2,400
2,400
12,000
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
Approximate No.
Of Winners Per
10,800,000 Tickets
1,080,000
144,000
288,000
288,000
54,000
54,000
54,000
54,000
72,000
36,000
36,000
36,000
36,000
36,000
14,400
7,200
7,200
7,200
13,500
4,500
4,500
900
NOTICES
Reveal A ‘‘CASH’’ (CASH) Symbol,
Win Prize Shown Under That
Symbol. Win With:
($20 × 2) + $10
$50
COWBELL w/ ($20 × 5)
$25 × 4
$100
$100 × 5
$500
$5,000
7981
Win:
Approximate
Odds Are 1 In:
$50
$50
$100
$100
$100
$500
$500
$5,000
12,000
12,000
8,000
16,000
16,000
240,000
240,000
540,000
Approximate No.
Of Winners Per
10,800,000 Tickets
900
900
1,350
675
675
45
45
20
Reveal a ‘‘COWBELL’’ (CWBELL) symbol, win all 5 prizes shown!
Prizes, including top prizes, are subject to availability
at the time of purchase.
9. Retailer Incentive Awards: The Lottery may conduct
a separate Retailer Incentive Program for retailers who
sell Pennsylvania Cash Cow ’14 instant lottery game
tickets.
10. Retailer Bonus: The Lottery may offer a retailer
bonus in connection with the sale of Pennsylvania instant
lottery game tickets. If a retailer bonus is offered, a
Lottery retailer shall be eligible for a bonus as described
in this section. Lottery retailers who sell a winning ticket
that entitles the ticket holder to a prize, either payable in
a single installment or having a guaranteed minimum
payout, of at least $100,000 and not exceeding $500,000
shall be paid a bonus of $500. Lottery retailers who sell a
winning ticket that entitles the ticket holder to a prize,
either payable in a single installment or having a guaranteed minimum payout, of at least $500,001 and not
exceeding $1,000,000 shall be paid a bonus of $5,000.
Lottery retailers who sell a winning ticket that entitles
the ticket holder to a prize, either payable in a single
installment or having a guaranteed minimum payout, of
at least $1,000,001 and not exceeding $10,000,000 shall
be paid a bonus of $10,000. A Lottery retailer is entitled
only to the largest bonus for which he qualifies on a
winning ticket. A bonus will be initiated for payment after
the instant ticket is claimed and validated. A bonus will
not be awarded to a Lottery retailer that sells a nonwinning Pennsylvania Lottery instant ticket used to enter
a Pennsylvania Lottery second-chance drawing or promotion that is subsequently selected to win a prize.
11. Unclaimed Prize Money: For a period of 1 year
from the announced close of Pennsylvania Cash Cow ’14,
prize money from winning Pennsylvania Cash Cow ’14
instant lottery game tickets will be retained by the
Secretary for payment to the persons entitled thereto. If
no claim is made within 1 year of the announced close of
the Pennsylvania Cash Cow ’14 instant lottery game, the
right of a ticket holder to claim the prize represented by
the ticket, if any, will expire and the prize money will be
paid into the State Lottery Fund and used for purposes
provided for by statute.
12. Governing Law: In purchasing a ticket, the customer agrees to comply with and abide by the State
Lottery Law (72 P. S. §§ 3761-101—3761-314), 61
Pa. Code Part V (relating to State Lotteries) and the
provisions contained in this notice.
13. Termination of the Game: The Secretary may announce a termination date, after which no further tickets
from this game may be sold. The announcement will be
disseminated through media used to advertise or promote
Pennsylvania Cash Cow ’14 or through normal communications methods.
DANIEL MEUSER,
Secretary
[Pa.B. Doc. No. 14-2648. Filed for public inspection December 19, 2014, 9:00 a.m.]
Pennsylvania Ca$h Up ’14 Instant Lottery Game
Under the State Lottery Law (72 P. S. §§ 3761-101—
3761-314) and 61 Pa. Code § 819.203 (relating to notice of
instant game rules), the Secretary of Revenue hereby
provides public notice of the rules for the following
instant lottery game:
1. Name: The name of the game is Pennsylvania Ca$h
Up ’14.
2. Price: The price of a Pennsylvania Ca$h Up ’14
instant lottery game ticket is $3.
3. Play Symbols: Each Pennsylvania Ca$h Up ’14 instant lottery game ticket will contain nine play areas
designated as ‘‘Game 1,’’ ‘‘Game 2,’’ ‘‘Game 3,’’ ‘‘Game 4,’’
‘‘Game 5,’’ ‘‘Game 6,’’ ‘‘Game 7,’’ ‘‘Game 8’’ and ‘‘Game 9.’’
Each ‘‘Game’’ is played separately. There are 80 play
symbols, two of which will be located in ‘‘Game 1,’’ ‘‘Game
4’’ and ‘‘Game 7,’’ three of which will be located in ‘‘Game
2,’’ ‘‘Game 5,’’ and ‘‘Game 8,’’ and four of which will be
located in ‘‘Game 3,’’ ‘‘Game 6,’’ and ‘‘Game 9.’’ Each
Pennsylvania Ca$h Up ’14 instant lottery game ticket will
also contain a ‘‘YOUR NUMBERS’’ area. The ‘‘YOUR
NUMBERS’’ area will consist of 30 play symbols. The
play symbols that may be located in the nine play areas
and the ‘‘YOUR NUMBERS’’ area are the numbers 01
through 80.
4. Prize Symbols: The prize symbols and their captions
located in the ‘‘Prize’’ area of ‘‘Game 1,’’ ‘‘Game 4’’ and
‘‘Game 7’’ are: $3.00 (THR DOL), $5.00 (FIV DOL), $6.00
(SIX DOL), $9.00 (NIN DOL), $10.00 (TEN DOL), $20.00
(TWENTY), $30.00 (THIRTY), $50.00 (FIFTY), $90.00
(NINTY), $100 (ONE HUN), $150 (ONEHUNFTY), $300
(THR HUN), $1,000 (ONE THO), $10,000 (TEN THO),
$20,000 (TWY THO) and $50,000 (FTY THO). The prize
symbols and their captions located in the ‘‘Prize’’ area of
‘‘Game 2,’’ ‘‘Game 5,’’ and ‘‘Game 8’’ are: $3.00 (THR DOL),
$5.00 (FIV DOL), $6.00 (SIX DOL), $9.00 (NIN DOL),
$10.00 (TEN DOL), $20.00 (TWENTY), $30.00 (THIRTY),
$50.00 (FIFTY) and $150 (ONEHUNFTY). The prize symbols and their captions located in the ‘‘Prize’’ area of
‘‘Game 3,’’ ‘‘Game 6,’’ and ‘‘Game 9’’ are: $3.00 (THR DOL),
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
7982
NOTICES
$5.00 (FIV DOL), $6.00 (SIX DOL), $9.00 (NIN DOL),
$10.00 (TEN DOL), $20.00 (TWENTY) and $300 (THR
HUN).
5. Prizes: The prizes that can be won in this game are:
$3, $5, $6, $9, $10, $20, $30, $50, $90, $100, $150, $300,
$1,000, $10,000, $20,000 and $50,000. A player can win
up to 9 times on a ticket.
6. Approximate Number of Tickets Printed For the
Game: Approximately 9,600,000 tickets will be printed
for the Pennsylvania Ca$h Up ’14 instant lottery game.
7. Determination of Prize Winners:
(a) Holders of tickets upon which two of the ‘‘YOUR
NUMBERS’’ play symbols match the same exact two play
symbols, in ‘‘Game 1,’’ ‘‘Game 4’’ or ‘‘Game 7,’’ and a prize
symbol of $50,000 (FTY THO) appears in the ‘‘Prize’’ area
for that ‘‘Game,’’ on a single ticket, shall be entitled to a
prize of $50,000.
(j) Holders of tickets upon which three of the ‘‘YOUR
NUMBERS’’ play symbols match the same exact three
play symbols, in ‘‘Game 2,’’ ‘‘Game 5’’ or ‘‘Game 8,’’ and a
prize symbol of $50 (FIFTY) appears in the ‘‘Prize’’ area
for that ‘‘Game,’’ on a single ticket, shall be entitled to a
prize of $100.
(k) Holders of tickets upon which two of the ‘‘YOUR
NUMBERS’’ play symbols match the same exact two play
symbols, in ‘‘Game 1,’’ ‘‘Game 4’’ or ‘‘Game 7,’’ and a prize
symbol of $90.00 (NINTY) appears in the ‘‘Prize’’ area for
that ‘‘Game,’’ on a single ticket, shall be entitled to a prize
of $90.
(d) Holders of tickets upon which two of the ‘‘YOUR
NUMBERS’’ play symbols match the same exact two play
symbols, in ‘‘Game 1,’’ ‘‘Game 4’’ or ‘‘Game 7,’’ and a prize
symbol of $1,000 (ONE THO) appears in the ‘‘Prize’’ area
for that ‘‘Game,’’ on a single ticket, shall be entitled to a
prize of $1,000.
(l) Holders of tickets upon which three of the ‘‘YOUR
NUMBERS’’ play symbols match the same exact three
play symbols, in ‘‘Game 2,’’ ‘‘Game 5’’ or ‘‘Game 8,’’ and a
prize symbol of $30.00 (THIRTY) appears in the ‘‘Prize’’
area for that ‘‘Game,’’ on a single ticket, shall be entitled
to a prize of $60.
(m) Holders of tickets upon which four of the ‘‘YOUR
NUMBERS’’ play symbols match the same exact four play
symbols, in ‘‘Game 3,’’ ‘‘Game 6’’ or ‘‘Game 9,’’ and a prize
symbol of $20.00 (TWENTY) appears in the ‘‘Prize’’ area
for that ‘‘Game,’’ on a single ticket, shall be entitled to a
prize of $60.
(n) Holders of tickets upon which two of the ‘‘YOUR
NUMBERS’’ play symbols match the same exact two play
symbol, in ‘‘Game 1,’’ ‘‘Game 4’’ or ‘‘Game 7,’’ and a prize
symbol of $50.00 (FIFTY) appears in the ‘‘Prize’’ area for
that ‘‘Game,’’ on a single ticket, shall be entitled to a prize
of $50.
(o) Holders of tickets upon which three of the ‘‘YOUR
NUMBERS’’ play symbols match the same exact three
play symbols, in ‘‘Game 2,’’ ‘‘Game 5’’ or ‘‘Game 8,’’ and a
prize symbol of $20.00 (TWENTY) appears in the ‘‘Prize’’
area for that ‘‘Game,’’ on a single ticket, shall be entitled
to a prize of $40.
(e) Holders of tickets upon which four of the ‘‘YOUR
NUMBERS’’ play symbols match the same exact four play
symbols, in ‘‘Game 3,’’ ‘‘Game 6’’ or ‘‘Game 9,’’ and a prize
symbol of $300 (THR HUN) appears in the ‘‘Prize’’ area
for that ‘‘Game,’’ on a single ticket, shall be entitled to a
prize of $900.
(p) Holders of tickets upon which two of the ‘‘YOUR
NUMBERS’’ play symbols match the same exact two play
symbol, in ‘‘Game 1,’’ ‘‘Game 4’’ or ‘‘Game 7,’’ and a prize
symbol of $30.00 (THIRTY) appears in the ‘‘Prize’’ area for
that ‘‘Game,’’ on a single ticket, shall be entitled to a prize
of $30.
(f) Holders of tickets upon which two of the ‘‘YOUR
NUMBERS’’ play symbols match the same exact two play
symbols, in ‘‘Game 1,’’ ‘‘Game 4’’ or ‘‘Game 7,’’ and a prize
symbol of $300 (THR HUN) appears in the ‘‘Prize’’ area
for that ‘‘Game,’’ on a single ticket, shall be entitled to a
prize of $300.
(q) Holders of tickets upon which four of the ‘‘YOUR
NUMBERS’’ play symbols match the same exact four play
symbols, in ‘‘Game 3,’’ ‘‘Game 6’’ or ‘‘Game 9,’’ and a prize
symbol of $10.00 (TEN DOL) appears in the ‘‘Prize’’ area
for that ‘‘Game,’’ on a single ticket, shall be entitled to a
prize of $30.
(g) Holders of tickets upon which three of the ‘‘YOUR
NUMBERS’’ play symbols match the same exact three
play symbols, in ‘‘Game 2,’’ ‘‘Game 5’’ or ‘‘Game 8,’’ and a
prize symbol of $150 (ONEHUNFTY) appears in the
‘‘Prize’’ area for that ‘‘Game,’’ on a single ticket, shall be
entitled to a prize of $300.
(r) Holders of tickets upon which four of the ‘‘YOUR
NUMBERS’’ play symbols match the same exact four play
symbols, in ‘‘Game 3,’’ ‘‘Game 6’’ or ‘‘Game 9,’’ and a prize
symbol of $9.00 (NIN DOL) appears in the ‘‘Prize’’ area for
that ‘‘Game,’’ on a single ticket, shall be entitled to a prize
of $27.
(h) Holders of tickets upon which two of the ‘‘YOUR
NUMBERS’’ play symbols match the same exact two play
symbols, in ‘‘Game 1,’’ ‘‘Game 4’’ or ‘‘Game 7,’’ and a prize
symbol of $150 (ONEHUNFTY) appears in the ‘‘Prize’’
area for that ‘‘Game,’’ on a single ticket, shall be entitled
to a prize of $150.
(s) Holders of tickets upon which two of the ‘‘YOUR
NUMBERS’’ play symbols match the same exact two play
symbol, in ‘‘Game 1,’’ ‘‘Game 4’’ or ‘‘Game 7,’’ and a prize
symbol of $20.00 (TWENTY) appears in the ‘‘Prize’’ area
for that ‘‘Game,’’ on a single ticket, shall be entitled to a
prize of $20.
(i) Holders of tickets upon which two of the ‘‘YOUR
NUMBERS’’ play symbols match the same exact two play
symbols, in ‘‘Game 1,’’ ‘‘Game 4’’ or ‘‘Game 7,’’ and a prize
symbol of $100 (ONE HUN) appears in the ‘‘Prize’’ area
for that ‘‘Game,’’ on a single ticket, shall be entitled to a
prize of $100.
(t) Holders of tickets upon which three of the ‘‘YOUR
NUMBERS’’ play symbols match the same exact three
play symbols, in ‘‘Game 2,’’ ‘‘Game 5’’ or ‘‘Game 8,’’ and a
prize symbol of $10.00 (TEN DOL) appears in the ‘‘Prize’’
area for that ‘‘Game,’’ on a single ticket, shall be entitled
to a prize of $20.
(b) Holders of tickets upon which two of the ‘‘YOUR
NUMBERS’’ play symbols match the same exact two play
symbols, in ‘‘Game 1,’’ ‘‘Game 4’’ or ‘‘Game 7,’’ and a prize
symbol of $20,000 (TWY THO) appears in the ‘‘Prize’’ area
for that ‘‘Game,’’ on a single ticket, shall be entitled to a
prize of $20,000.
(c) Holders of tickets upon which two of the ‘‘YOUR
NUMBERS’’ play symbols match the same exact two play
symbols, in ‘‘Game 1,’’ ‘‘Game 4’’ or ‘‘Game 7,’’ and a prize
symbol of $10,000 (TEN THO) appears in the ‘‘Prize’’ area
for that ‘‘Game,’’ on a single ticket, shall be entitled to a
prize of $10,000.
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
NOTICES
(u) Holders of tickets upon which four of the ‘‘YOUR
NUMBERS’’ play symbols match the same exact four play
symbols, in ‘‘Game 3,’’ ‘‘Game 6’’ or ‘‘Game 9,’’ and a prize
symbol of $6.00 (SIX DOL) appears in the ‘‘Prize’’ area for
that ‘‘Game,’’ on a single ticket, shall be entitled to a prize
of $18.
(v) Holders of tickets upon which three of the ‘‘YOUR
NUMBERS’’ play symbols match the same exact three
play symbols, in ‘‘Game 2,’’ ‘‘Game 5’’ or ‘‘Game 8,’’ and a
prize symbol of $9.00 (NIN DOL) appears in the ‘‘Prize’’
area for that ‘‘Game,’’ on a single ticket, shall be entitled
to a prize of $18.
(w) Holders of tickets upon which four of the ‘‘YOUR
NUMBERS’’ play symbols match the same exact four play
symbols, in ‘‘Game 3,’’ ‘‘Game 6’’ or ‘‘Game 9,’’ and a prize
symbol of $5.00 (FIV DOL) appears in the ‘‘Prize’’ area for
that ‘‘Game,’’ on a single ticket, shall be entitled to a prize
of $15.
(x) Holders of tickets upon which three of the ‘‘YOUR
NUMBERS’’ play symbols match the same exact three
play symbols, in ‘‘Game 2,’’ ‘‘Game 5’’ or ‘‘Game 8,’’ and a
prize symbol of $6.00 (SIX DOL) appears in the ‘‘Prize’’
area for that ‘‘Game,’’ on a single ticket, shall be entitled
to a prize of $12.
(y) Holders of tickets upon which two of the ‘‘YOUR
NUMBERS’’ play symbols match the same exact two play
symbol, in ‘‘Game 1,’’ ‘‘Game 4’’ or ‘‘Game 7,’’ and a prize
symbol of $10.00 (TEN DOL) appears in the ‘‘Prize’’ area
for that ‘‘Game,’’ on a single ticket, shall be entitled to a
prize of $10.
(z) Holders of tickets upon which three of the ‘‘YOUR
NUMBERS’’ play symbols match the same exact three
play symbols, in ‘‘Game 2,’’ ‘‘Game 5’’ or ‘‘Game 8,’’ and a
prize symbol of $5.00 (FIV DOL) appears in the ‘‘Prize’’
area for that ‘‘Game,’’ on a single ticket, shall be entitled
to a prize of $10.
(aa) Holders of tickets upon which two of the ‘‘YOUR
NUMBERS’’ play symbols match the same exact two play
Scratch The Your Numbers Area, Then Scratch The
Corresponding Numbers When They Appear In Games 1—9.
When You Completely Match All Of The Numbers In Any
Game, Apply That Game’s Multiplier To The Prize Shown
For That Game And Win That Amount. Each Game Is
Played Separately. Prizes For Games 1, 4 And 7 Are Not
Multiplied. Win With:
Games 1, 4, 7
$3
$5
Games 2, 5, 8
$3
$3
$3
$5
$5 × 2
$10
$5
$5
$5 × 2
$10
$20
$5
$5
$5 × 3
symbol, in ‘‘Game 1,’’ ‘‘Game 4’’ or ‘‘Game 7,’’ and a prize
symbol of $9.00 (NIN DOL) appears in the ‘‘Prize’’ area for
that ‘‘Game,’’ on a single ticket, shall be entitled to a prize
of $9.
(bb) Holders of tickets upon which four of the ‘‘YOUR
NUMBERS’’ play symbols match the same exact four play
symbols, in ‘‘Game 3,’’ ‘‘Game 6’’ or ‘‘Game 9,’’ and a prize
symbol of $3.00 (THR DOL) appears in the ‘‘Prize’’ area for
that ‘‘Game,’’ on a single ticket, shall be entitled to a prize
of $9.
(cc) Holders of tickets upon which two of the ‘‘YOUR
NUMBERS’’ play symbols match the same exact two play
symbol, in ‘‘Game 1,’’ ‘‘Game 4’’ or ‘‘Game 7,’’ and a prize
symbol of $6.00 (SIX DOL) appears in the ‘‘Prize’’ area for
that ‘‘Game,’’ on a single ticket, shall be entitled to a prize
of $6.
(dd) Holders of tickets upon which three of the ‘‘YOUR
NUMBERS’’ play symbols match the same exact three
play symbols, in ‘‘Game 2,’’ ‘‘Game 5’’ or ‘‘Game 8,’’ and a
prize symbol of $3.00 (THR DOL) appears in the ‘‘Prize’’
area for that ‘‘Game,’’ on a single ticket, shall be entitled
to a prize of $6.
(ee) Holders of tickets upon which two of the ‘‘YOUR
NUMBERS’’ play symbols match the same exact two play
symbol, in ‘‘Game 1,’’ ‘‘Game 4’’ or ‘‘Game 7,’’ and a prize
symbol of $5.00 (FIV DOL) appears in the ‘‘Prize’’ area for
that ‘‘Game,’’ on a single ticket, shall be entitled to a prize
of $5.
(ff) Holders of tickets upon which two of the ‘‘YOUR
NUMBERS’’ play symbols match the same exact two play
symbol, in ‘‘Game 1,’’ ‘‘Game 4’’ or ‘‘Game 7,’’ and a prize
symbol of $3.00 (THR DOL) appears in the ‘‘Prize’’ area for
that ‘‘Game,’’ on a single ticket, shall be entitled to a prize
of $3.
8. Number and Description of Prizes and Approximate
Odds: The following table sets forth the approximate
number of winners, amounts of prizes, and approximate
odds of winning:
Win:
Approximate
Odds Are 1 In:
$3
$5
$6
$6
$9
$9
$9
$9
$9
$10
$10
$10
$20
$20
$20
$20
$30
$30
$30
9.09
23.81
50
100
250
250
250
250
250
166.67
250
250
250
500
500
1,000
1,000
1,000
1,000
Approximate No.
Of Winners Per
9,600,000 Tickets:
Games 3, 6, 9
$6
$3
$6 + $3
$3 × 3
$9
7983
$5
$10
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
1,056,000
403,200
192,000
96,000
38,400
38,400
38,400
38,400
38,400
57,600
38,400
38,400
38,400
19,200
19,200
9,600
9,600
9,600
9,600
7984
NOTICES
Scratch The Your Numbers Area, Then Scratch The
Corresponding Numbers When They Appear In Games 1—9.
When You Completely Match All Of The Numbers In Any
Game, Apply That Game’s Multiplier To The Prize Shown
For That Game And Win That Amount. Each Game Is
Played Separately. Prizes For Games 1, 4 And 7 Are Not
Multiplied. Win With:
$6
$30
$10
$10 × 2
$30 + $20
$50
$5 × 3
$9
$10 + $5
$6 × 3
$30 × 3
$90
$50 ×
$10 ×
$10 ×
$150
$30 ×
$50
3
3
3
3
$6
$3 + $5
$3
$10
$3 + $5
$3 + $5
$10
$5 × 3
$9 × 3
$10 + $5
$9
$5 × 3
$9
$10 × 3
$10 + $5
$6 × 3
$10 × 3
$10 × 3
$5 × 3
$20 × 3
$10 × 3
$30
$50
$20 × 3
$20 × 3
$100 × 3
$30 × 3
$300
$50 × 2
$50 × 3
$20 × 3
$150
$10 × 3
$150 × 3
$50
$300
$1,000
$10,000
$20,000
$50,000
Games 1, 4, 7 = Win the prize shown for that game.
Games 2, 5, 8 = Win double the prize shown for that game.
Games 3, 6, 9 = Win triple the prize shown for that game.
Prizes, including top prizes, are subject to availability
at the time of purchase.
9. Retailer Incentive Awards: The Lottery may conduct
a separate Retailer Incentive Program for retailers who
sell Pennsylvania Ca$h Up ’14 instant lottery game
tickets.
10. Retailer Bonus: The Lottery may offer a retailer
bonus in connection with the sale of Pennsylvania instant
lottery game tickets. If a retailer bonus is offered, a
Lottery retailer shall be eligible for a bonus as described
in this section. Lottery retailers who sell a winning ticket
that entitles the ticket holder to a prize, either payable in
a single installment or having a guaranteed minimum
payout, of at least $100,000 and not exceeding $500,000
shall be paid a bonus of $500. Lottery retailers who sell a
winning ticket that entitles the ticket holder to a prize,
either payable in a single installment or having a guaranteed minimum payout, of at least $500,001 and not
exceeding $1,000,000 shall be paid a bonus of $5,000.
Lottery retailers who sell a winning ticket that entitles
the ticket holder to a prize, either payable in a single
installment or having a guaranteed minimum payout, of
at least $1,000,001 and not exceeding $10,000,000 shall
Win:
Approximate
Odds Are 1 In:
$30
$30
$50
$50
$50
$50
$50
$90
$90
$90
$90
$90
$90
$90
$150
$150
$150
$150
$150
$150
$150
$300
$300
$300
$300
$300
$300
$1,000
$1,000
$1,000
$10,000
$20,000
$50,000
1,000
1,000
1,600
1,600
1,600
1,600
1,600
4,000
6,000
4,800
4,000
4,000
6,000
4,000
10,000
24,000
10,000
12,000
15,000
12,000
24,000
20,000
30,000
40,000
17,143
24,000
24,000
30,000
30,000
30,000
1,600,000
1,600,000
960,000
Approximate No.
Of Winners Per
9,600,000 Tickets:
9,600
9,600
6,000
6,000
6,000
6,000
6,000
2,400
1,600
2,000
2,400
2,400
1,600
2,400
960
400
960
800
640
800
400
480
320
240
560
400
400
320
320
320
6
6
10
be paid a bonus of $10,000. A Lottery retailer is entitled
only to the largest bonus for which he qualifies on a
winning ticket. A bonus will be initiated for payment after
the instant ticket is claimed and validated. A bonus will
not be awarded to a Lottery retailer that sells a nonwinning Pennsylvania Lottery instant ticket used to enter
a Pennsylvania Lottery second-chance drawing or promotion that is subsequently selected to win a prize.
11. Unclaimed Prize Money: For a period of 1 year
from the announced close of Pennsylvania Ca$h Up ’14,
prize money from winning Pennsylvania Ca$h Up ’14
instant lottery game tickets will be retained by the
Secretary for payment to the persons entitled thereto. If
no claim is made within 1 year of the announced close of
the Pennsylvania Ca$h Up ’14 instant lottery game, the
right of a ticket holder to claim the prize represented by
the ticket, if any, will expire and the prize money will be
paid into the State Lottery Fund and used for purposes
provided for by statute.
12. Governing Law: In purchasing a ticket, the customer agrees to comply with and abide by the State
Lottery Law (72 P. S. §§ 3761-101—3761-314), 61
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
NOTICES
Pa. Code Part V (relating to State Lotteries) and the
provisions contained in this notice.
13. Termination of the Game: The Secretary may announce a termination date, after which no further tickets
from this game may be sold. The announcement will be
disseminated through media used to advertise or promote
Pennsylvania Ca$h Up ’14 or through normal communications methods.
DANIEL MEUSER,
Secretary
[Pa.B. Doc. No. 14-2649. Filed for public inspection December 19, 2014, 9:00 a.m.]
Pennsylvania Love to Win Instant Lottery Game
Under the State Lottery Law (72 P. S. §§ 3761-101—
3761-314) and 61 Pa. Code § 819.203 (relating to notice of
instant game rules), the Secretary of Revenue hereby
provides public notice of the rules for the following
instant lottery game:
1. Name: The name of the game is Pennsylvania Love
to Win.
2. Price: The price of a Pennsylvania Love to Win
instant lottery game ticket is $5.
3. Play Symbols: Each Pennsylvania Love to Win instant lottery game ticket will contain one play area
featuring a ‘‘WINNING NUMBERS’’ area and a ‘‘YOUR
NUMBERS’’ area. The play symbols and their captions
located in the ‘‘WINNING NUMBERS’’ area are: 1 (ONE),
2 (TWO), 3 (THREE), 4 (FOUR), 5 (FIVE), 6 (SIX), 7
(SEVEN), 8 (EIGHT), 9 (NINE), 10 (TEN), 11 (ELEVN),
12 (TWLV), 13 (THRTN), 14 (FORTN), 15 (FIFTN), 16
(SIXTN), 17 (SVNTN), 18 (EGHTN), 19 (NINTN), 20
(TWENT), 21 (TWYONE), 22 (TWYTWO), 23 (TWYTHR),
24 (TWYFOR), 25 (TWYFIV), 26 (TWYSIX), 27
(TWYSVN), 28 (TWYEGT), 29 (TWYNIN) and 30
(THIRTY). The play symbols and their captions located in
the ‘‘YOUR NUMBERS’’ area are: 1 (ONE), 2 (TWO), 3
(THREE), 4 (FOUR), 5 (FIVE), 6 (SIX), 7 (SEVEN), 8
(EIGHT), 9 (NINE), 10 (TEN), 11 (ELEVN), 12 (TWLV),
13 (THRTN), 14 (FORTN), 15 (FIFTN), 16 (SIXTN), 17
(SVNTN), 18 (EGHTN), 19 (NINTN), 20 (TWENT), 21
(TWYONE), 22 (TWYTWO), 23 (TWYTHR), 24
(TWYFOR), 25 (TWYFIV), 26 (TWYSIX), 27 (TWYSVN),
28 (TWYEGT), 29 (TWYNIN), 30 (THIRTY), Love Note
(NOTE) symbol and a WIN (WINALL) symbol.
4. Prize Symbols: The prize symbols and their captions
located in the ‘‘YOUR NUMBERS’’ area are: $5.00 (FIV
DOL), $10.00 (TEN DOL), $20.00 (TWENTY), $25.00 (TWY
FIV), $40.00 (FORTY), $50.00 (FIFTY), $100 (ONE HUN),
$200 (TWO HUN), $400 (FOR HUN), $500 (FIV HUN),
$1,000 (ONE THO), $5,000 (FIV THO) and $50,000 (FTY
THO).
5. Prizes: The prizes that can be won in this game are:
$5, $10, $20, $25, $40, $50, $100, $200, $400, $500,
$1,000, $5,000 and $50,000. A player can win up to 12
times on a ticket.
6. Approximate Number of Tickets Printed For the
Game: Approximately 5,400,000 tickets will be printed for
the Pennsylvania Love to Win instant lottery game.
7. Determination of Prize Winners:
(a) Holders of tickets upon which any one of the
‘‘YOUR NUMBERS’’ play symbols matches any of the
‘‘WINNING NUMBERS’’ play symbols and a prize symbol
7985
of $50,000 (FTY THO) appears in the ‘‘Prize’’ area under
the matching ‘‘YOUR NUMBERS’’ play symbol, on a
single ticket, shall be entitled to a prize of $50,000.
(b) Holders of tickets upon which any one of the
‘‘YOUR NUMBERS’’ play symbols matches any of the
‘‘WINNING NUMBERS’’ play symbols and a prize symbol
of $5,000 (FIV THO) appears in the ‘‘Prize’’ area under
the matching ‘‘YOUR NUMBERS’’ play symbol, on a
single ticket, shall be entitled to a prize of $5,000.
(c) Holders of tickets upon which any one of the ‘‘YOUR
NUMBERS’’ play symbols matches any of the ‘‘WINNING
NUMBERS’’ play symbols and a prize symbol of $1,000
(ONE THO) appears in the ‘‘Prize’’ area under the
matching ‘‘YOUR NUMBERS’’ play symbol, on a single
ticket, shall be entitled to a prize of $1,000.
(d) Holders of tickets upon which any one of the
‘‘YOUR NUMBERS’’ play symbols is a WIN (WINALL)
symbol and a prize symbol of $100 (ONE HUN) appears
in eight of the ‘‘Prize’’ areas and a prize symbol of $50.00
(FIFTY) appears in four of the ‘‘Prize’’ areas, on a single
ticket, shall be entitled to a prize of $1,000.
(e) Holders of tickets upon which any one of the
‘‘YOUR NUMBERS’’ play symbols matches any of the
‘‘WINNING NUMBERS’’ play symbols and a prize symbol
of $500 (FIV HUN) appears in the ‘‘Prize’’ area under the
matching ‘‘YOUR NUMBERS’’ play symbol, on a single
ticket, shall be entitled to a prize of $500.
(f) Holders of tickets upon which any one of the ‘‘YOUR
NUMBERS’’ play symbols matches any of the ‘‘WINNING
NUMBERS’’ play symbols and a prize symbol of $400
(FOR HUN) appears in the ‘‘Prize’’ area under the
matching ‘‘YOUR NUMBERS’’ play symbol, on a single
ticket, shall be entitled to a prize of $400.
(g) Holders of tickets upon which any one of the
‘‘YOUR NUMBERS’’ play symbols is a WIN (WINALL)
symbol and a prize symbol of $100 (ONE HUN) appears
in two of the ‘‘Prize’’ areas and a prize symbol of $20.00
(TWENTY) appears in ten of the ‘‘Prize’’ areas, on a single
ticket, shall be entitled to a prize of $400.
(h) Holders of tickets upon which any one of the
‘‘YOUR NUMBERS’’ play symbols is a Love Note (NOTE)
symbol, and a prize symbol of $200 (TWO HUN) appears
in the ‘‘Prize’’ area under that Love Note (NOTE) symbol,
on a single ticket, shall be entitled to a prize of $200.
(i) Holders of tickets upon which any one of the ‘‘YOUR
NUMBERS’’ play symbols matches any of the ‘‘WINNING
NUMBERS’’ play symbols and a prize symbol of $100
(ONE HUN) appears in the ‘‘Prize’’ area under the
matching ‘‘YOUR NUMBERS’’ play symbol, on a single
ticket, shall be entitled to a prize of $100.
(j) Holders of tickets upon which any one of the ‘‘YOUR
NUMBERS’’ play symbols is a WIN (WINALL) symbol
and a prize symbol of $25.00 (TWY FIV) appears in two of
the ‘‘Prize’’ areas and a prize symbol of $5.00 (FIV DOL)
appears in ten of the ‘‘Prize’’ areas, on a single ticket,
shall be entitled to a prize of $100.
(k) Holders of tickets upon which any one of the
‘‘YOUR NUMBERS’’ play symbols is a WIN (WINALL)
symbol and a prize symbol of $20 (TWENTY) appears in
two of the ‘‘Prize’’ areas, a prize symbol of $10.00 (TEN
DOL) appears in two of the ‘‘Prize’’ areas, and a prize
symbol of $5.00 (FIV DOL) appears in eight of the ‘‘Prize’’
areas, on a single ticket, shall be entitled to a prize of
$100.
(l) Holders of tickets upon which any one of the ‘‘YOUR
NUMBERS’’ play symbols is a Love Note (NOTE) symbol,
and a prize symbol of $50.00 (FIFTY) appears in the
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
7986
NOTICES
‘‘Prize’’ area under that Love Note (NOTE) symbol, on a
single ticket, shall be entitled to a prize of $50.
(m) Holders of tickets upon which any one of the
‘‘YOUR NUMBERS’’ play symbols matches any of the
‘‘WINNING NUMBERS’’ play symbols and a prize symbol
of $40.00 (FORTY) appears in the ‘‘Prize’’ area under the
matching ‘‘YOUR NUMBERS’’ play symbol, on a single
ticket, shall be entitled to a prize of $40.
(n) Holders of tickets upon which any one of the
‘‘YOUR NUMBERS’’ play symbols is a Love Note (NOTE)
symbol, and a prize symbol of $40.00 (FORTY) appears in
the ‘‘Prize’’ area under that Love Note (NOTE) symbol, on
a single ticket, shall be entitled to a prize of $40.
(o) Holders of tickets upon which any one of the
‘‘YOUR NUMBERS’’ play symbols matches any of the
‘‘WINNING NUMBERS’’ play symbols and a prize symbol
of $25.00 (TWY FIV) appears in the ‘‘Prize’’ area under the
matching ‘‘YOUR NUMBERS’’ play symbol, on a single
ticket, shall be entitled to a prize of $25.
(p) Holders of tickets upon which any one of the
‘‘YOUR NUMBERS’’ play symbols is a Love Note (NOTE)
symbol, and a prize symbol of $25.00 (TWY FIV) appears
in the ‘‘Prize’’ area under that Love Note (NOTE) symbol,
on a single ticket, shall be entitled to a prize of $25.
(q) Holders of tickets upon which any one of the
‘‘YOUR NUMBERS’’ play symbols matches any of the
‘‘WINNING NUMBERS’’ play symbols and a prize symbol
of $20.00 (TWENTY) appears in the ‘‘Prize’’ area under the
matching ‘‘YOUR NUMBERS’’ play symbol, on a single
ticket, shall be entitled to a prize of $20.
When Any Of Your Numbers Match
Any Winning Number, Win Prize
Shown Under The Matching
Number. Win With:
$5 w/ LOVE NOTE
$5
$5 × 2
$10 w/ LOVE NOTE
$10
$5 × 4
$10 × 2
$20 w/ LOVE NOTE
$20
$5 × 5
($10 × 2) + $5
$20 + $5
$25 w/ LOVE NOTE
$25
$5 × 8
$20 × 2
$40 w/ LOVE NOTE
$40
WIN w/ (($20 × 2) + ($10 × 2) + ($5 ×
8))
WIN w/ (($25 × 2) + ($5 × 10))
$20 × 5
$25 × 4
($50 w/ LOVE NOTE) × 2
$100
WIN w/ (($100 × 2) + ($20 × 10))
$40 × 10
$100 × 4
Win:
$5
$5
$10
$10
$10
$20
$20
$20
$20
$25
$25
$25
$25
$25
$40
$40
$40
$40
$100
$100
$100
$100
$100
$100
$400
$400
$400
(r) Holders of tickets upon which any one of the ‘‘YOUR
NUMBERS’’ play symbols is a Love Note (NOTE) symbol,
and a prize symbol of $20.00 (TWENTY) appears in the
‘‘Prize’’ area under that Love Note (NOTE) symbol, on a
single ticket, shall be entitled to a prize of $20.
(s) Holders of tickets upon which any one of the
‘‘YOUR NUMBERS’’ play symbols matches any of the
‘‘WINNING NUMBERS’’ play symbols and a prize symbol
of $10.00 (TEN DOL) appears in the ‘‘Prize’’ area under
the matching ‘‘YOUR NUMBERS’’ play symbol, on a
single ticket, shall be entitled to a prize of $10.
(t) Holders of tickets upon which any one of the ‘‘YOUR
NUMBERS’’ play symbols is a Love Note (NOTE) symbol,
and a prize symbol of $10.00 (TEN DOL) appears in the
‘‘Prize’’ area under that Love Note (NOTE) symbol, on a
single ticket, shall be entitled to a prize of $10.
(u) Holders of tickets upon which any one of the
‘‘YOUR NUMBERS’’ play symbols matches any of the
‘‘WINNING NUMBERS’’ play symbols and a prize symbol
of $5.00 (FIV DOL) appears in the ‘‘Prize’’ area under the
matching ‘‘YOUR NUMBERS’’ play symbol, on a single
ticket, shall be entitled to a prize of $5.
(v) Holders of tickets upon which any one of the
‘‘YOUR NUMBERS’’ play symbols is a Love Note (NOTE)
symbol, and a prize symbol of $5.00 (FIV DOL) appears in
the ‘‘Prize’’ area under that Love Note (NOTE) symbol, on
a single ticket, shall be entitled to a prize of $5.
8. Number and Description of Prizes and Approximate
Odds: The following table sets forth the approximate
number of winners, amounts of prizes, and approximate
odds of winning:
Approximate
Odds Are 1 In:
20
30
60
37.5
30
150
150
60
150
300
300
300
300
300
300
300
150
300
923.08
1,000
2,667
2,667
1,846
1,846
60,000
60,000
60,000
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
Approximate No.
Of Winners Per
5,400,000 Tickets:
270,000
180,000
90,000
144,000
180,000
36,000
36,000
90,000
36,000
18,000
18,000
18,000
18,000
18,000
18,000
18,000
36,000
18,000
5,850
5,400
2,025
2,025
2,925
2,925
90
90
90
NOTICES
When Any Of Your Numbers Match
Any Winning Number, Win Prize
Shown Under The Matching
Approximate
Number. Win With:
Win:
Odds Are 1 In:
($200 w/ LOVE NOTE) × 2
$400
60,000
$400
$400
60,000
WIN w/ (($100 × 8) + ($50 × 4))
$1,000
120,000
$500 × 2
$1,000
120,000
$1,000
$1,000
120,000
($400 × 10) + $1,000
$5,000
270,000
$5,000
$5,000
270,000
$50,000
$50,000
540,000
Reveal a ‘‘LOVE NOTE’’ (NOTE) symbol, win prize shown under it automatically.
Reveal a ‘‘WIN’’ (WINALL) symbol, win all 12 prizes shown.
Prizes, including top prizes, are subject to availability
at the time of purchase.
9. Retailer Incentive Awards: The Lottery may conduct
a separate Retailer Incentive Program for retailers who
sell Pennsylvania Love to Win instant lottery game
tickets.
10. Retailer Bonus: The Lottery may offer a retailer
bonus in connection with the sale of Pennsylvania instant
lottery game tickets. If a retailer bonus is offered, a
Lottery retailer shall be eligible for a bonus as described
in this section. Lottery retailers who sell a winning ticket
that entitles the ticket holder to a prize, either payable in
a single installment or having a guaranteed minimum
payout, of at least $100,000 and not exceeding $500,000
shall be paid a bonus of $500. Lottery retailers who sell a
winning ticket that entitles the ticket holder to a prize,
either payable in a single installment or having a guaranteed minimum payout, of at least $500,001 and not
exceeding $1,000,000 shall be paid a bonus of $5,000.
Lottery retailers who sell a winning ticket that entitles
the ticket holder to a prize, either payable in a single
installment or having a guaranteed minimum payout, of
at least $1,000,001 and not exceeding $10,000,000 shall
be paid a bonus of $10,000. A Lottery retailer is entitled
only to the largest bonus for which he qualifies on a
winning ticket. A bonus will be initiated for payment after
the instant ticket is claimed and validated. A bonus will
not be awarded to a Lottery retailer that sells a nonwinning Pennsylvania Lottery instant ticket used to enter
a Pennsylvania Lottery second-chance drawing or promotion that is subsequently selected to win a prize.
11. Unclaimed Prize Money: For a period of 1 year
from the announced close of Pennsylvania Love to Win,
prize money from winning Pennsylvania Love to Win
instant lottery game tickets will be retained by the
Secretary for payment to the persons entitled thereto. If
no claim is made within 1 year of the announced close of
the Pennsylvania Love to Win instant lottery game, the
right of a ticket holder to claim the prize represented by
the ticket, if any, will expire and the prize money will be
paid into the State Lottery Fund and used for purposes
provided for by statute.
12. Governing Law: In purchasing a ticket, the customer agrees to comply with and abide by the State
Lottery Law (72 P. S. §§ 3761-101—3761-314), 61
Pa. Code Part V (relating to State Lotteries) and the
provisions contained in this notice.
13. Termination of the Game: The Secretary may announce a termination date, after which no further tickets
from this game may be sold. The announcement will be
7987
Approximate No.
Of Winners Per
5,400,000 Tickets:
90
90
45
45
45
20
20
10
disseminated through media used to advertise or promote
Pennsylvania Love to Win or through normal communications methods.
DANIEL MEUSER,
Secretary
[Pa.B. Doc. No. 14-2650. Filed for public inspection December 19, 2014, 9:00 a.m.]
Pennsylvania Lucky Valentine ’14 Instant Lottery
Game
Under the State Lottery Law (72 P. S. §§ 3761-101—
3761-314) and 61 Pa. Code § 819.203 (relating to notice of
instant game rules), the Secretary of Revenue hereby
provides public notice of the rules for the following
instant lottery game:
1. Name: The name of the game is Pennsylvania Lucky
Valentine ’14.
2. Price: The price of a Pennsylvania Lucky Valentine
’14 instant lottery game ticket is $2.
3. Play Symbols: Each Pennsylvania Lucky Valentine
’14 instant lottery game ticket will contain one play area.
The play symbols and their captions, located in the play
area are: 1 (ONE), 2 (TWO), 3 (THREE), 4 (FOUR), 5
(FIVE), 6 (SIX), 7 (SEVEN), 8 (EIGHT), 9 (NINE), 10
(TEN), 11 (ELEVN), 12 (TWLV), 13 (THRTN), 14
(FORTN), 15 (FIFTN), 16 (SIXTN), 17 (SVNTN), 18
(EGHTN), 19 (NINTN), 20 (TWENT), Heart (HEART)
symbol, XO (DOUBLE) symbol and a VALENTINE
(WIN20) symbol.
4. Prize Symbols: The prize symbols and their captions, located in the play area are: $1.00 (ONE DOL), $2.00
(TWO DOL), $3.00 (THR DOL), $4.00 (FOR DOL), $5.00
(FIV DOL), $10.00 (TEN DOL), $15.00 (FIFTN), $20.00
(TWENTY), $25.00 (TWY FIV), $50.00 (FIFTY), $100
(ONE HUN), $250 (TWOHUNFTY), $500 (FIV HUN),
$2,500 (TWYFIVHUN) and $25,000 (TWYFIVTHO).
5. Prizes: The prizes that can be won in this game are:
$1, $2, $3, $4, $5, $10, $15, $20, $25, $50, $100, $250,
$500, $2,500 and $25,000. The player can win up to 12
times on the ticket.
6. Approximate Number of Tickets Printed For the
Game: Approximately 6,600,000 tickets will be printed
for the Pennsylvania Lucky Valentine ’14 instant lottery
game.
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
7988
NOTICES
7. Determination of Prize Winners:
(a) Holders of tickets with a Heart (HEART) symbol in
the play area, and a prize symbol of $25,000
(TWYFIVTHO) in the ‘‘Prize’’ area under that Heart
(HEART) symbol, on a single ticket, shall be entitled to a
prize of $25,000.
(b) Holders of tickets with a Heart (HEART) symbol in
the play area, and a prize symbol of $2,500
(TWYFIVHUN) in the ‘‘Prize’’ area under that Heart
(HEART) symbol, on a single ticket, shall be entitled to a
prize of $2,500.
(c) Holders of tickets with a Heart (HEART) symbol in
the play area, and a prize symbol of $500 (FIV HUN) in
the ‘‘Prize’’ area under that Heart (HEART) symbol, on a
single ticket, shall be entitled to a prize of $500.
(d) Holders of tickets with a Heart (HEART) symbol in
the play area, and a prize symbol of $250 (TWOHUNFTY)
in the ‘‘Prize’’ area under that Heart (HEART) symbol, on
a single ticket, shall be entitled to a prize of $250.
(e) Holders of tickets with a Heart (HEART) symbol in
the play area, and a prize symbol of $100 (ONE HUN) in
the ‘‘Prize’’ area under that Heart (HEART) symbol, on a
single ticket, shall be entitled to a prize of $100.
(f) Holders of tickets with a Heart (HEART) symbol in
the play area, and a prize symbol of $50.00 (FIFTY) in the
‘‘Prize’’ area under that Heart (HEART) symbol, on a
single ticket, shall be entitled to a prize of $50.
(g) Holders of tickets with an XO (DOUBLE) symbol in
the play area, and a prize symbol of $25.00 (TWY FIV) in
the ‘‘Prize’’ area under that XO (DOUBLE) symbol, on a
single ticket, shall be entitled to a prize of $50.
(h) Holders of tickets with a Heart (HEART) symbol in
the play area, and a prize symbol of $25.00 (TWY FIV) in
the ‘‘Prize’’ area under that Heart (HEART) symbol, on a
single ticket, shall be entitled to a prize of $25.
(i) Holders of tickets with a Heart (HEART) symbol in
the play area, and a prize symbol of $20.00 (TWENTY) in
the ‘‘Prize’’ area under that Heart (HEART) symbol, on a
single ticket, shall be entitled to a prize of $20.
(j) Holders of tickets with a Valentine (WIN20) symbol
in the play area, on a single ticket, shall be entitled to a
prize of $20.
(k) Holders of tickets with an XO (DOUBLE) symbol in
the play area, and a prize symbol of $10.00 (TEN DOL) in
the ‘‘Prize’’ area under that XO (DOUBLE) symbol, on a
single ticket, shall be entitled to a prize of $20.
(l) Holders of tickets with a Heart (HEART) symbol in
the play area, and a prize symbol of $15.00 (FIFTN) in the
‘‘Prize’’ area under that Heart (HEART) symbol, on a
single ticket, shall be entitled to a prize of $15.
(m) Holders of tickets with an XO (DOUBLE) symbol
in the play area, and a prize symbol of $5.00 (FIV DOL) in
the ‘‘Prize’’ area under that XO (DOUBLE) symbol, on a
single ticket, shall be entitled to a prize of $10.
(n) Holders of tickets with a Heart (HEART) symbol in
the play area, and a prize symbol of $10.00 (TEN DOL) in
the ‘‘Prize’’ area under that Heart (HEART) symbol, on a
single ticket, shall be entitled to a prize of $10.
(o) Holders of tickets with an XO (DOUBLE) symbol in
the play area, and a prize symbol of $4.00 (FOR DOL) in
the ‘‘Prize’’ area under that XO (DOUBLE) symbol, on a
single ticket, shall be entitled to a prize of $8.
(p) Holders of tickets with a Heart (HEART) symbol in
the play area, and a prize symbol of $5.00 (FIV DOL) in
the ‘‘Prize’’ area under that Heart (HEART) symbol, on a
single ticket, shall be entitled to a prize of $5.
(q) Holders of tickets with a Heart (HEART) symbol in
the play area, and a prize symbol of $4.00 (FOR DOL) in
the ‘‘Prize’’ area under that Heart (HEART) symbol, on a
single ticket, shall be entitled to a prize of $4.
(r) Holders of tickets with an XO (DOUBLE) symbol in
the play area, and a prize symbol of $2.00 (TWO DOL) in
the ‘‘Prize’’ area under that XO (DOUBLE) symbol, on a
single ticket, shall be entitled to a prize of $4.
(s) Holders of tickets with a Heart (HEART) symbol in
the play area, and a prize symbol of $3.00 (THR DOL) in
the ‘‘Prize’’ area under that Heart (HEART) symbol, on a
single ticket, shall be entitled to a prize of $3.
(t) Holders of tickets with a Heart (HEART) symbol in
the play area, and a prize symbol of $2.00 (TWO DOL) in
the ‘‘Prize’’ area under that Heart (HEART) symbol, on a
single ticket, shall be entitled to a prize of $2.
(u) Holders of tickets with a Heart (HEART) symbol in
the play area, and a prize symbol of $1.00 (ONE DOL) in
the ‘‘Prize’’ area under that Heart (HEART) symbol, on a
single ticket, shall be entitled to a prize of $1.
8. Number and Description of Prizes and Approximate
Odds: The following table sets forth the approximate
number of winners, amounts of prizes, and approximate
odds of winning:
Reveal A ‘‘HEART’’ (HEART)
Symbol, Win Prize Shown
Under That Symbol. Win With:
Win:
Approximate
Odds Are 1 In:
$2
$3
$2 w/ XO
$4
($2 w/ XO) + $1
$3 + $2
$5
$2 × 5
$5 × 2
($4 w/ XO) + $2
$10
$3 × 5
$5 × 3
($5 w/ XO) + $5
$15
$2
$3
$4
$4
$5
$5
$5
$10
$10
$10
$10
$15
$15
$15
$15
8.82
25
75
150
100
150
300
300
300
187.5
300
500
500
500
500
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
Approximate No.
Of Winners Per
6,600,000 Tickets
748,000
264,000
88,000
44,000
66,000
44,000
22,000
22,000
22,000
35,200
22,000
13,200
13,200
13,200
13,200
NOTICES
Reveal A ‘‘HEART’’ (HEART)
Symbol, Win Prize Shown
Under That Symbol. Win With:
Win:
7989
Approximate
Odds Are 1 In:
$2 × 10
$20
$5 × 4
$20
$10 w/ XO
$20
$20 w/ VALENTINE
$20
$20
$20
$5 × 5
$25
($20 w/ VALENTINE) + $5
$25
$25
$25
$5 × 10
$50
$10 × 5
$50
$25 w/ XO
$50
$50
$50
$25 × 4
$100
($25 × 2) + ($5 × 10)
$100
($20 w/ VALENTINE) × 5
$100
$100
$100
($25 × 2) + ($20 × 10)
$250
$250
$250
$50 × 10
$500
$500
$500
$500 × 5
$2,500
$2,500
$2,500
$25,000
$25,000
Reveal an ‘‘XO’’ (DOUBLE) symbol, win double the prize shown under that
Reveal a ‘‘VALENTINE’’ (WIN20) symbol, win $20 instantly.
Prizes, including top prizes, are subject to availability
at the time of purchase.
9. Retailer Incentive Awards: The Lottery may conduct
a separate Retailer Incentive Program for retailers who
sell Pennsylvania Lucky Valentine ’14 instant lottery
game tickets.
10. Retailer Bonus: The Lottery may offer a retailer
bonus in connection with the sale of Pennsylvania instant
lottery game tickets. If a retailer bonus is offered, a
Lottery retailer shall be eligible for a bonus as described
in this section. Lottery retailers who sell a winning ticket
that entitles the ticket holder to a prize, either payable in
a single installment or having a guaranteed minimum
payout, of at least $100,000 and not exceeding $500,000
shall be paid a bonus of $500. Lottery retailers who sell a
winning ticket that entitles the ticket holder to a prize,
either payable in a single installment or having a guaranteed minimum payout, of at least $500,001 and not
exceeding $1,000,000 shall be paid a bonus of $5,000.
Lottery retailers who sell a winning ticket that entitles
the ticket holder to a prize, either payable in a single
installment or having a guaranteed minimum payout, of
at least $1,000,001 and not exceeding $10,000,000 shall
be paid a bonus of $10,000. A Lottery retailer is entitled
only to the largest bonus for which he qualifies on a
winning ticket. A bonus will be initiated for payment after
the instant ticket is claimed and validated. A bonus will
not be awarded to a Lottery retailer that sells a nonwinning Pennsylvania Lottery instant ticket used to enter
a Pennsylvania Lottery second-chance drawing or promotion that is subsequently selected to win a prize.
11. Unclaimed Prize Money: For a period of 1 year
from the announced close of Pennsylvania Lucky Valentine ’14, prize money from winning Pennsylvania Lucky
Valentine ’14 instant lottery game tickets will be retained
by the Secretary for payment to the persons entitled
thereto. If no claim is made within 1 year of the
2,400
2,400
2,000
800
2,400
1,200
1,000
1,200
1,200
1,200
800
1,200
6,000
6,000
2,000
6,000
30,000
60,000
60,000
60,000
220,000
220,000
660,000
symbol.
Approximate No.
Of Winners Per
6,600,000 Tickets
2,750
2,750
3,300
8,250
2,750
5,500
6,600
5,500
5,500
5,500
8,250
5,500
1,100
1,100
3,300
1,100
220
110
110
110
30
30
10
announced close of the Pennsylvania Lucky Valentine ’14
instant lottery game, the right of a ticket holder to claim
the prize represented by the ticket, if any, will expire and
the prize money will be paid into the State Lottery Fund
and used for purposes provided for by statute.
12. Governing Law: In purchasing a ticket, the customer agrees to comply with and abide by the State
Lottery Law (72 P. S. §§ 3761-101—3761-314), 61
Pa. Code Part V (relating to State Lotteries) and the
provisions contained in this notice.
13. Termination of the Game: The Secretary may announce a termination date, after which no further tickets
from this game may be sold. The announcement will be
disseminated through media used to advertise or promote
Pennsylvania Lucky Valentine ’14 or through normal
communications methods.
DANIEL MEUSER,
Secretary
[Pa.B. Doc. No. 14-2651. Filed for public inspection December 19, 2014, 9:00 a.m.]
DEPARTMENT OF
TRANSPORTATION
Green Light—Go: Pennsylvania’s Municipal Signal
Partnership Program; Invitation to Submit Applications
Under 74 Pa.C.S. Chapter 92 (relating to traffic signals)
and 75 Pa.C.S. § 9511(e.1) (relating to allocation of
proceeds), the Department of Transportation (Department) established the Green Light—Go: Pennsylvania’s
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
7990
NOTICES
Municipal Partnership Program, also known as the Green
Light—Go Program. The Green Light—Go Program is a
competitive application requiring a 50% municipal or
private cash match for municipalities to request financial
assistance for existing traffic signal maintenance and
operations activities identified in 75 Pa.C.S. § 9511(e.1).
During Fiscal Year 2015-2016, up to $25 million will be
allocated to municipalities for upgrading traffic signals to
light-emitting diode technology, performing regional operations such as retiming, developing special event plans
and monitoring traffic signals and for maintaining and
operating traffic signals.
The Department invites municipalities to submit electronic applications using the form at https://adobeforms
central.com/?f=34F04e-RC8BCXQvLjGrZ7Q. Applications
and attachments should be emailed to RA-PDSIGNAL
[email protected] The Department will be accepting
Green Light—Go Program applications between December 20, 2014, and February 27, 2015.
Additional information on the Green Light—Go Program requirements, guidelines, application evaluation criteria, corridor designations and the Department’s corridor
prioritization can be found on the Department’s traffic
signal web site at http://www.dot.state.pa.us/signals.
If municipalities are awarded funding, all invoices and
status updates will be requested through the Department’s dotGrants system (http://www.dot34.state.pa.us/).
Municipalities not currently utilizing the dotGrants system for liquid fuels payments should start the process to
get access once the application has been submitted.
Questions should be directed to Daniel Farley, Manager,
Traffic Signals and Operational Analysis Unit, Bureau of
Maintenance and Operations, Department of Transportation, 400 North Street, 6th Floor, Harrisburg, PA 17120,
(717) 783-0333, [email protected]
BARRY J. SCHOCH, PE,
Secretary
[Pa.B. Doc. No. 14-2652. Filed for public inspection December 19, 2014, 9:00 a.m.]
ENVIRONMENTAL
HEARING BOARD
Borough of Stockertown v. DEP; EHB Doc. No.
2014-166-M
Borough of Stockertown has appealed the issuance by
the Department of Environmental Protection of an
NPDES permit to Borough of Stockertown for a facility in
Northampton County.
A date for the hearing on the appeal has not yet been
scheduled.
The appeal is filed with the Environmental Hearing
Board (Board) at its office on the Second Floor, Rachel
Carson State Office Building, 400 Market Street, P. O.
Box 8457, Harrisburg, PA 17105-8457, and may be reviewed by any interested party on request during normal
business hours. If information concerning this notice is
required in an alternative form, contact the Secretary to
the Board at (717) 787-3483. TDD users may telephone
the Board through the Pennsylvania AT&T Relay Center
at (800) 654-5984.
Petitions to intervene in the appeal may be filed with
the Board by interested parties under 25 Pa. Code
§ 1021.81 (relating to intervention). Copies of the Board’s
rules of practice and procedure are available upon request
from the Board.
THOMAS W. RENWAND,
Chairperson
[Pa.B. Doc. No. 14-2653. Filed for public inspection December 19, 2014, 9:00 a.m.]
GAME COMMISSION
Notice of Intent to Adopt Final Environmental
Assessment Prepared for the Voluntary Public
Access and Habitat Incentive Program in Pennsylvania by the Farm Service Agency and the
Pennsylvania Game Commission, in May 2011
The Natural Resources Conservation Service (NRCS)
announces its intent to adopt the Farm Service Agency
and the Pennsylvania Game Commission Programmatic
Environmental Assessment for Implementation of the
Voluntary Public Access and Habitat Incentive Program
(VPA-HIP) Agreement for Pennsylvania, May 2011 (2011
EA), under the provisions of the Council on Environmental Quality regulations implementing the National Environmental Policy Act in 40 CFR 1506.3 (relating to
adoption). The NRCS has reviewed the 2011 EA and
determined that it adequately addresses the environmental impacts related to the proposed action which is to
grant the Game Commission (Commission) $6 million to
continue expansion of the components of the Pennsylvania Public Access Program that were funded under the
2011 VPA-HIP grant.
VPA-HIP provides grants to State and Tribal governments to encourage owners and operators of privately
held farm, ranch and forest land to voluntarily allow
public access for outdoor recreation activities such as
hunting. VPA-HIP was authorized under the Food, Conservation and Energy Act of 2008 (Pub. L. No. 110-234).
Previously administered by the United States Department of Agriculture, Farm Service Agency, VPA-HIP was
transferred to NRCS in 2014. The Pennsylvania Public
Access Program will use 2014 VPA-HIP funds to:
• Increase cooperator participation by at least 20% to
16,923 cooperators.
• Provide 20% more new hunting and trapping opportunities to hunters and trappers for pheasants, rabbits,
woodcock, ducks, quail, mink and muskrats.
• Increase the current 2.6 million-acre program by
520,000 acres.
• Increase habitat quality on at least 50,000 acres on
participating properties.
• Monitor the results, including program element increases, economic benefits and the results of public access
user surveys, so that successes can be documented.
These elements of the program are substantially the
same as those analyzed in the 2011 EA. To ensure there
are no adverse effects on protected species when habitat
improvement projects are carried out, the Commission
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
NOTICES
has agreed to follow its well-established process for
evaluating the potential impacts proposed projects would
have on both State and Federally listed threatened,
endangered and candidate species. In addition, the NRCS
will designate the Commission as its representative for
purposes of conducting informal consultation with the
United States Fish and Wildlife Service (Service) if it is
determined that an action may affect a Federally-listed
species. The Commission will use the Pennsylvania Natural Diversity Inventory (PNDI) to identify potential impacts to all known Federal and State listed threatened
and endangered species, as well as candidate species.
They will analyze PNDI data for all land on which 2014
VPA-HIP funds may be used to implement habitat improvement projects for both State and Federally listed
threatened, endangered and candidate species. If PNDI
data analysis indicates a potential impact, the Commission will undertake informal Endangered Species Act
Section 7 consultation with the Service on behalf of the
NRCS. If mitigation measures cannot be identified to
avoid adverse effects, the Commission will not carry out
the project in that location. Each project funded through
the 2014 VPA-HIP grant will be evaluated by a Commission biologist using the process previously described. A
detailed description of the process is available on the
NRCS web site at www.nrcs.usda.gov/EA.
The State Historic Preservation Office (SHPO) is aware
of all habitat management activities that the Commission
implements. If any new activity is proposed that involves
a soil disturbing practice that might impact below plow
depth (12 inches), such as construction activities, the
Commission will request SHPO review for that activity.
None of the currently proposed VPA-HIP practices are
considered construction practices or anticipated to impact
soils below plow depth. The SHPO recently conducted
field reviews on fire break construction and other prescribed burning activities utilized by the Commission, and
their findings were that no negative impacts on cultural
resources would occur. The NRCS has also determined
these best management practices are not likely to adversely affect historic or cultural resources, primarily
because the installation of the practice will not exceed the
depth, extent or kind of previous cultivation or other
earth disturbance.
The NRCS will accept comments on its intent to adopt
the 2011 EA at the following address until January 20,
2015. A copy of the 2011 EA is available at http://www.
nrcs.usda.gov/ea. The NRCS will review comments and
determine whether it is appropriate to issue a Finding of
No Significant Impact or to prepare an Environmental
Impact Statement before the action proceeds.
For further information concerning actions being taken
by the NRCS, to obtain a hard copy of the 2011 EA or to
provide written comment, contact Andrée DuVarney, National Environmental Coordinator, USDA, NRCS, Ecological Sciences Division, Room 6158-S, P. O. Box 2890,
Washington, DC 20013-2890, [email protected]
gov.
R. MATTHEW HOUGH,
Executive Director
[Pa.B. Doc. No. 14-2654. Filed for public inspection December 19, 2014, 9:00 a.m.]
7991
INSURANCE DEPARTMENT
Geisinger Health Plan HMO—Medical and Pharmacy; Small Group Transitional Policies; Rate
Filing
Geisinger Health Plan HMO submitted a rate filing to
increase the medical premium rates for its small group
nongrandfathered health plans to be offered to groups
renewing June 1, 2015, through December 2015. The
filing proposes a rate increase of 18.3% for groups without
pharmacy coverage and a 20.2% increase for groups with
medical and pharmacy coverage. Approximately 5,563
members will be impacted. The proposed rate increase
will generate approximately $5.9 million of additional
revenue. The requested effective date of the change is
June 1, 2015.
Unless formal administrative action is taken prior to
March 4, 2015, the subject filing may be deemed approved by operation of law.
A copy of the filing is available on the Insurance
Department’s (Department) web site at www.insurance.
pa.gov. Under the tab ‘‘How to Find. . .’’ click on the link
‘‘PA Bulletin.’’
A copy of the filing is also available for public inspection, by appointment, during normal working hours at the
Department’s regional office in Harrisburg.
Interested parties are invited to submit written or
e-mail comments, suggestions or objections to Cherri
Sanders-Jones, Insurance Department, Insurance Product
Regulation, 1311 Strawberry Square, Harrisburg, PA
17120, [email protected] within 30 days after publication
of this notice in the Pennsylvania Bulletin.
MICHAEL F. CONSEDINE,
Insurance Commissioner
[Pa.B. Doc. No. 14-2655. Filed for public inspection December 19, 2014, 9:00 a.m.]
Geisinger Quality Options PPO (GSHP-129826332);
Rate Filing
Geisinger Quality Options PPO submitted a rate filing
to increase the premium rates for its Small Group
Transitional policies renewing June 1, 2015, through
December 2015. The filing proposes a rate increase of
11.3% and will affect approximately 18,100 subscribers.
The proposed rate increase will generate approximately
$1.8 million of additional revenue and will be effective
January 1, 2015.
Unless formal administrative action is taken prior to
March 4, 2015, the subject filing may be deemed approved by operation of law.
A copy of the filing is available on the Insurance
Department’s (Department) web site at www.insurance.
pa.gov. Under the tab ‘‘How to Find. . .’’ click on the link
‘‘PA Bulletin.’’
A copy of the filing is also available for public inspection, by appointment, during normal working hours at the
Department’s regional office in Harrisburg.
Interested parties are invited to submit written or
e-mail comments, suggestions or objections to Cherri
Sanders-Jones, Insurance Department, Insurance Product
Regulation, 1311 Strawberry Square, Harrisburg, PA
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
7992
NOTICES
17120, [email protected] within 30 days after publication
of this notice in the Pennsylvania Bulletin.
MICHAEL F. CONSEDINE,
Insurance Commissioner
[Pa.B. Doc. No. 14-2656. Filed for public inspection December 19, 2014, 9:00 a.m.]
LEGISLATIVE REFERENCE
BUREAU
Documents Filed But Not Published
The Legislative Reference Bureau (Bureau) accepted
the following documents during the preceding calendar
month for filing without publication under 1 Pa. Code
§ 3.13(b) (relating to contents of Bulletin). The Bureau
will continue to publish on a monthly basis either a
summary table identifying the documents accepted during
the preceding calendar month under this subsection or a
statement that no documents have been received. For
questions concerning or copies of documents filed, but not
published, call (717) 783-1530.
Executive Board
Resolution No. CB-14-002, Dated October 29, 2014.
Authorizes the Agreement between the Commonwealth of
Pennsylvania and the Fraternal Order of Police, Lodge
#85, Capitol Police L4 Unit. The Agreement provides for
the establishment of rates of pay, hours of work, and
other conditions of employment for the period July 1,
2011 through June 30, 2015.
Governor’s Office
Administrative Circular No. 14-14—Holiday Trees and
Decorations in Commonwealth-Owned or Leased Buildings, Dated November 13, 2014.
LAURA CAMPBELL,
Director
Pennsylvania Code and Bulletin
[Pa.B. Doc. No. 14-2657. Filed for public inspection December 19, 2014, 9:00 a.m.]
PENNSYLVANIA CONVENTION CENTER AUTHORITY
Statements; Net Position; Revenues, Expenses and Changes in Net Position
Statements of Net Position
as of June 30, 2014 and 2013
2014
Assets
Cash and cash equivalents
Receivables, net
Operating Agreement Receivable
Prepaid expenses and other assets
Total current assets
Capital assets being depreciated
Buildings
Building improvements
Construction-in-progress
Furniture and fixtures
Equipment
Leasehold improvements
Less: Accumulated depreciation
Capital assets not being depreciated
Land
Fine arts
Total capital assets, net
Welcome Fund receivable
Total assets
Liabilites
Accounts payable and other accrued expenses
Operating agreement liability
Unearned income
Current portion of term loan payable
Current portion of net OPEB liability
Total current liabilities
Loans payable
Net OPEB liability
Total liabilities
2013
$ 44,883,209
2,661,606
2,517,124
1,091,421
51,153,360
$ 21,758,000
3,586,369
—
1,140,466
26,484,835
754,480,131
2,853,339
2,786,466
30,268,277
134,304,743
2,214,698
926,907,654
754,471,985
2,647,214
3,533,081
28,367,309
131,529,443
2,214,698
922,763,730
(253,442,649)
(224,568,170)
993,835
2,327,254
676,786,094
122,000,000
849,939,454
993,835
2,327,254
701,516,649
122,000,000
850,001,484
8,654,288
—
1,513,829
153,687
274,963
10,596,767
123,043,753
3,678,335
137,318,855
8,225,852
1,994,712
1,483,169
148,416
176,279
12,028,428
123,197,440
3,593,196
138,819,064
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
NOTICES
Net Position
Invested in capital assets
Restricted by Commonwealth of Pennsylvania
Operating Agreement
Total net position
7993
676,786,094
701,516,649
35,834,505
$ 712,620,599
9,665,771
$ 711,182,420
The accompanying notes are an integral part of these financial statements.
Statements of Revenues, Expenses and Changes in Net Position
for the Years Ended June 30, 2014 and 2013
Operating Revenues
Convention Center events
Space license fees
Commissions
Other
Total operating revenues
Operating expenses, excluding depreciation
Operating loss after depreciation
Depreciation
Operating loss after depreciation
Non-Operating Revenue (Expense)
Hotel tax income
Interest income
Operating agreement expense
Interest expense
Grant income
Welcome Fund loan interest and fee revenue
Welcome Fund loan interest and fee expense
Other expenses
Total non-operating revenue, net
Decrease in net position before contributions
Capital contributions
Increase/(Decrease) in net position
Net position, beginning of year
Net position, end of year
2014
2013
$ 6,232,972
6,295,006
909,402
13,437,380
34,101,995
(20,664,615)
28,874,479
(49,539,094)
$ 6,672,643
6,550,080
882,193
14,104,916
32,074,380
(17,969,464)
28,365,185
(46,334,649)
29,812,296
15,153
(6,682,283)
(41,994)
—
1,855,415
(1,855,415)
(1,603,899)
21,499,273
29,065,461
7,843
(11,828,975)
(47,059)
100,000
1,855,415
(1,855,415)
(1,664,898)
15,632,372
(28,039,821)
29,478,000
1,438,179
711,182,420
$ 712,620,599
(30,702,277)
2,242,839
(28,459,438)
739,641,858
$ 711,182,420
The accompanying notes are an integral part of these financial statements.
GREGORY J. FOX,
Chairperson
[Pa.B. Doc. No. 14-2658. Filed for public inspection December 19, 2014, 9:00 a.m.]
PENNSYLVANIA
INTERGOVERNMENTAL
COOPERATION AUTHORITY
Financial Statement
Under the provisions of section 207 of the Pennsylvania
Intergovernmental Cooperation Authority Act for Cities of
the First Class (53 P. S. § 12720.207), the Pennsylvania
Intergovernmental Cooperation Authority (Authority) is
required to publish a ‘‘concise financial statement’’ annu-
ally in the Pennsylvania Bulletin. The Authority has
issued its annual report for its fiscal year ended June 30,
2014, which includes an audit for this period performed
in accordance with generally accepted auditing standards
by an independent firm of certified public accountants.
The completed annual report of the Authority may be
obtained from the Authority’s web site at www.picapa.org
or from the Pennsylvania Intergovernmental Cooperation
Authority, 1500 Walnut Street, Suite 1600, Philadelphia,
PA 19102, (215) 561-9160.
HARVEY M. RICE,
Executive Director
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
7994
NOTICES
PENNSYLVANIA INTERGOVERNMENTAL COOPERATION AUTHORITY
STATEMENT OF NET POSITION
June 30, 2014
ASSETS
Governmental
Activities
Cash and cash equivalents:
Held by trustee
Other
Investments
Fair value of derivative instruments
Accrued interest receivable
Prepaid expenses
$52,393,031
10,265,019
58,674,493
3,101,372
706
19,973
Total assets
$124,454,594
LIABILITIES
Accounts payable and accrued expenses
Due to City of Philadelphia
Current portion of bonds payable
Noncurrent portion of bonds payable
$103,622
5,604,925
47,685,000
349,078,652
Total liabilities
402,472,199
NETPOSITION
Restricted for debt service
Restricted for the benefit of the City of Philadelphia
Unrestricted:
Board-designated for operating budget
Undesignated (deficit)
81,084,621
13,018,550
600,000
(372,720,776)
(278,017,605)
Total net position
$
124,454,594
Expenses:
Grants to City of Philadelphia
General management and support- general operations
Interest on long-term debt
Investment expenses
Realized loss on sale of investment
$318,767,669
766,015
20,374,150
422,963
877,574
Total Expenses
341,208,371
Revenues:
PICA taxes
Amortization of bond premium
Investment income
Other
380,599,407
3,912,711
4,921,905
3,208,203
Total Revenues
392,642,226
Change in net position
51,433,855
Adjusted net position - July 1, 2013
(329,451,460)
Net position- June 30, 2014
$(278,017,605)
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
Totalliabilitiesandfundbalances
Totalfundbalance
Fundbalances:
Restricted:
Fordebtservice
ForbenefitofCityofPhiladelphia
Committed:
ForsubseqentPICAadministration
Forfutureswaptionactivity
Unassigned
Liabilities:
Accountspayable
DuetotheCityofPhiladelphia
DuetothePICATaxRevenueFund
Accruedpayrollandtaxes
Totalliabilities
Assets:
Cashandcashequivalents
Investments
DuefromDebtServiceFunds
Accruedinterestreceivable
Prepaidexpenses
Totalassets
20,941,504
5,604,925
10,301,342
10,640,162
$21,045,126
5,604,925
10,683
103,622
$
5,604,925
119,834
5,485,091
5,604,925
PICA Tax
Revenue
$92,939
$10,265,019
10,759,996
137
19,973
$21,045,126
General
6,829,472
3,414,818
74,182,443
74,182,443
600,000
73,582,443
189
74,182,443
26,267,757
47,914,497
Debt Service Reserve
Fund
1,993,080
1,993,080
1,993,080
16
1,993,080
1,993,064
Rebate Fund
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
$(278,017,605)
(33,123,652)
Netassetsofgovernmentalactivities
3,101,372
$ 126,838,313
115,644,675
600,000
10,301,342
10,640,162
$81,084,621
13,018,550
$92,939
5,604,925
5,485,091
10,683
11,193,638
Premiumonbondsisdeferredinthegovernmentwidestatements
12,190,835
12,190,835
12,190,835
95
12,190,835
$62,658,050
58,674,493
5,485,091
706
19,973
$ 126,838,313
Total Governmental
Funds
(363,640,000)
449,947
449,947
449,947
3
449,947
12,190,740
1994
Fairvaluederivativeinstrumentsarenotreportedinthegovernmentalfundsstatements
377,768
377,768
377,768
2
377,768
449,944
Expendable Trust Funds
Capital Projects Funds
1993
377,766
1992
Longtermliabilitiesarenotdueandpayableinthecurrentperiodandthereforearenotreportedinthegovernmentalfundstatements
Amountsreportedforgovernmentalactivitiesinthestatementofnetassetsaredifferentdueto:
4,164,717
2,094,280
3,414,818
3,414,654
3,414,654
2,070,437
2,070,437
2,094,280
164
6,829,472
100
4,164,717
6,829,308
Debt Service Funds
2009
4,164,617
2010
PENNSYLVANIA INTERGOVERNMENTAL COOPERATION AUTHORITY
STATEMENT OF FUND NET POSITION - GOVERNMENTAL FUNDS
FOR THE YEAR ENDED JUNE 30, 2014
NOTICES
7995
20,840,479
20,941,504
Adjusted Fund Balances, July 1, 2013
Fund Balances June 30, 2014
101,025
-
-
-
(61,863,439)
(1,309,767)
Other financing sources (uses)Net operating transfers in (out)
Change in net position
61,863,439
1,410,792
Excess of revenues over (under) expenditures
-
422,963
877,574
766,015
318,744,911
380,608,350
380,599,407
8,943
-
-
$
$
-
-
3,477,344
269,141
3,208,203
318,744,911
$
$
PICA Tax Revenue
2,066,552
Total expenditures
Expenditures:
Grants to the City of Philadelphia
Debt Service:
Principal
Interest
Administration:
Investment expenses
Realized Loss on Sale of Investment
Operations
Total revenue
Revenue:
PICA taxes
Investment income
Other
General
2,094,280
2,093,061
1,219
25,020,000
(25,018,781)
25,020,000
-
16,995,000
8,025,000
-
1,219
1,219
-
$
$
3,414,818
3,429,756
(14,938)
40,977,173
(40,992,111)
40,994,150
-
28,645,000
12,349,150
-
2,039
2,039
-
$
$
74,182,443
72,462,424
1,720,019
(2,823,967)
4,543,986
-
-
-
-
4,543,986
4,543,986
-
Debt Service
Reserve Fund
$
$
1,993,080
1,992,878
202
-
202
-
-
-
-
202
202
-
Rebate Fund
$
$
377,768
$
$
Change in net position
449,947
449,901
46
-
46
-
-
-
-
46
46
-
$
$
Expendable Trust Funds
Capital Projects Funds
1993
Derivative valuation adjustment is recognized as an asset and revenue in the government wide statements
Bond premium is amortized over the life of bonds in the government-wide statements
38
-
38
-
-
-
-
38
38
-
377,730
1992
Repayment of bond principal is an expenditure in the governmental funds, but the repayment
reduces the long-term liabilities in the government-wide statements
Reconciliation of change in fund balance to change in net position:
Change in fund balance
$
$
Debt Service Funds
2010
2009
PENNSYLVANIA INTERGOVERNMENTAL COOPERATION AUTHORITY
STATEMENT OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCES - GOVERNMENTAL FUNDS
FOR THE YEAR ENDED JUNE 30, 2014
12,190,835
12,212,355
(21,520)
-
(21,520)
22,758
-
-
22,758
1,238
1,238
-
1994
$
$
$
$
51,433,855
95,053
3,912,711
45,640,000
1,786,091
115,644,675
113,858,584
1,786,091
-
1,786,091
386,848,371
422,963
877,574
766,015
45,640,000
20,374,150
318,767,669
388,634,462
380,599,407
4,826,852
3,208,203
Total Governmental
Funds
7996
NOTICES
[Pa.B. Doc. No. 14-2659. Filed for public inspection December 19, 2014, 9:00 a.m.]
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
NOTICES
PENNSYLVANIA PUBLIC
UTILITY COMMISSION
Service of Notice of Motor Carrier Applications
The following temporary authority and/or permanent
authority applications for the right to render service as a
common carrier or contract carrier in this Commonwealth
have been filed with the Pennsylvania Public Utility
Commission (Commission). Formal protests and petitions
to intervene must be filed in accordance with 52 Pa. Code
(relating to public utilities). A protest shall indicate
whether it applies to the temporary authority application,
the permanent authority application, or both. Filings
must be made with the Secretary, Pennsylvania Public
Utility Commission, P. O. Box 3265, Harrisburg, PA
17105-3265, with a copy served on the applicant by
January 5, 2015. Documents filed in support of the
applications are available for inspection and copying at
the Office of the Secretary between 8 a.m. and 4:30 p.m.,
Monday through Friday, and at the business address of
the respective applicant.
Applications of the following for approval to begin
operating as common carriers for transportation
of persons as described under each application.
A-2014-2447631. Menia Transportation, LLC (607
Forrest Street, Harrisburg, Dauphin County, PA 17110)
for the right to begin to transport, as a common carrier,
by motor vehicle, persons in paratransit service, from
points in the Counties of Adams, Cumberland, Dauphin,
Lancaster, Perry and York, to points in Pennsylvania and
return.
A-2014-2449973. E&L Day Trips, LLC (1 Hemlock
Lane, Strasburg, PA 17579) for the right to begin to
transport, as a common carrier, by motor vehicle, persons
in group and party service, in vehicles seating 11 to 15
passengers, including the driver, limited to persons whose
personal convictions prevent them from owning or operating motor vehicles, from points in Lancaster County, to
points in Pennsylvania, and return; excluding service that
is under the jurisdiction of the Philadelphia Parking
Authority.
A-2014-2450435. New Rhoads Transportation, Inc.
(96 Weavertown Lane, Douglassville, PA 19518) for the
right to begin to transport, as a common carrier, by motor
vehicle, persons, in group and party service, in vehicles
seating 11 to 15 passengers, including the driver, between
points in the Counties of Berks, Lancaster, Montgomery
and Chester, and from points in said counties to points in
Pennsylvania and return; excluding areas under the
jurisdiction of the Philadelphia Parking Authority. Attorney: Craig A. Doll, Esquire, P. O. Box 403, Hummelstown,
PA 17036-0403.
Applications of the following for approval of the
beginning of the exercise of the right and privilege of operating motor vehicles as common carriers for the transportation of persons by transfer
of rights as described under the application.
A-2014-2438795. Valerio Fortunato Tuali Kibinda
(2990 East Market Street, York, PA 17404) for the right to
begin to transport, as a common carrier, by motor vehicle,
persons, in call or demand service, which is to be a
transfer of all rights authorized under the certificate
issued at A-6311745 to Taxi Express, LLC, subject to the
same limitations and conditions.
7997
Applications of the following for approval to begin
operating as a broker for transportation of household goods as described under the application.
A-2014-2450262. Auto’s Landscaping, Inc. t/d/b/a
Ellis Moving Co. (P. O. Box 99651, Pittsburgh, PA
15233) for a brokerage license, evidencing the Commission’s approval of the beginning of the right and privilege
to operate as a broker, to arrange for the transportation
of household goods in use, between points in Pennsylvania.
ROSEMARY CHIAVETTA,
Secretary
[Pa.B. Doc. No. 14-2660. Filed for public inspection December 19, 2014, 9:00 a.m.]
PHILADELPHIA REGIONAL
PORT AUTHORITY
Request for Bids
The Philadelphia Regional Port Authority will accept
sealed bids for Project No. 14-113.1, PAMT Pavement
Improvements Phase 1, until 2 p.m. on Friday, January
16, 2015. Information (including mandatory prebid
information) can be obtained from the web site
www.philaport.com under Procurement or call (215) 4262600.
JAMES T. McDERMOTT, Jr.,
Executive Director
[Pa.B. Doc. No. 14-2661. Filed for public inspection December 19, 2014, 9:00 a.m.]
STATE ATHLETIC
COMMISSION
Public Meetings for 2015
The State Athletic Commission (Commission) of the
Department of State announces its schedule for regular
meetings to be held at least once every 2 months in 2015
under 5 Pa.C.S. § 103 (relating to duties of commission).
Meetings will be held at 11 a.m. in Room 303, North
Office Building, Harrisburg, PA 17120. These meetings
are open to the public and are scheduled as follows:
February 25, 2015
April 29, 2015
June 24, 2015
August 26, 2015
October 28, 2015
December 16, 2015
Individuals having questions regarding these meetings
should contact the Commission at (717) 787-5720.
GREGORY P. SIRB,
Executive Director
[Pa.B. Doc. No. 14-2662. Filed for public inspection December 19, 2014, 9:00 a.m.]
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
7998
NOTICES
STATE BOARD OF
BARBER EXAMINERS
nursing license automatically suspended for no less than
1 year based on her misdemeanor conviction under The
Controlled Substance, Drug, Device and Cosmetic Act (35
P. S. §§ 780-101—780-144).
Bureau of Professional and Occupational Affairs v.
Jimmy Jones; Doc. Nos. 1828-42-2014 and 182942-2014
Individuals may obtain a copy of the adjudication by
writing to Megan E. Castor, Board Counsel, State Board
of Nursing, P. O. Box 2649, Harrisburg, PA 17105-2649.
On October 24, 2014, Jimmy Jones, license no.
BL051921 of York, York County, was suspended under the
Order of the Court of Common Pleas of York County
dated October 13, 2014, which the court issued under 23
Pa.C.S. § 4355 (relating to denial or suspension of licenses). The suspension is effective immediately.
Individuals may obtain a copy of the order by writing to
Thomas A. Blackburn, Senior Counsel in Charge, State
Board of Barber Examiners, P. O. Box 2649, Harrisburg,
PA 17105-2649.
JOHN E. PAYNE, Jr.,
Chairperson
This order represents the final State Board of Nursing
(Board) decision in this matter. It may be appealed to the
Commonwealth Court of Pennsylvania by the filing of a
petition for review with that court in accordance with the
Pennsylvania Rules of Appellate Procedure. Individuals
who take an appeal to the Commonwealth Court must
serve the Board with a copy of their petition for review.
The Board contact for receiving service of appeals is the
previously-named Board counsel.
ANN M. COUGHLIN, MBA, MSN, RN,
Chairperson
[Pa.B. Doc. No. 14-2665. Filed for public inspection December 19, 2014, 9:00 a.m.]
[Pa.B. Doc. No. 14-2663. Filed for public inspection December 19, 2014, 9:00 a.m.]
STATE BOARD OF
DENTISTRY
Revocation of the License of Clyde Knox, DDS;
Doc. No. 0014-46-2014; File No. 12-46-07583
On October 29, 2014, the State Board of Dentistry
(Board) revoked the license of Clyde Knox, license no.
DS022033L, last known of Sicklerville, NJ, because of
failing to provide for the disposition of patient records.
Individuals may obtain a copy of the adjudication by
writing to Jason McMurry, Board Counsel, State Board of
Dentistry, P. O. Box 2649, Harrisburg, PA 17105-2649.
This adjudication and order represents the Board’s final
decision in this matter. It may be appealed to the
Commonwealth Court of Pennsylvania by the filing of a
petition for review with that court in accordance with the
Pennsylvania Rules of Appellate Procedure. Individuals
who take an appeal to the Commonwealth Court must
serve the Board with a copy of their petition for review.
The Board contact for receiving service of appeals is the
previously-named Board counsel.
LISA P. DEEM, DMD, JD,
Chairperson
Bureau of Professional and Occupational Affairs v.
Susan M. Frank, LPN; File No. 14-51-11288; Doc.
No. 1935-51-14
On September 24, 2014, Susan M. Frank, LPN, license
no. PN079904L, last known of York, York County, had her
nursing license automatically suspended for no less than
2 years based on her misdemeanor convictions under The
Controlled Substance, Drug, Device and Cosmetic Act (35
P. S. §§ 780-101—780-144).
Individuals may obtain a copy of the notice and order of
automatic suspension by writing to Megan E. Castor,
Board Counsel, State Board of Nursing, P. O. Box 2649,
Harrisburg, PA 17105-2649.
Individuals may file a request for a hearing to challenge the validity of the notice and order of automatic
suspension along with an answer within 20 days of
publication of this notice. If a request for hearing and
answer are not filed within the time period set forth
previously, a final order suspending their license will be
issued by the State Board of Nursing (Board). The Board
contact for receiving service of appeals is the previouslynamed Board counsel.
ANN M. COUGHLIN, MBA, MSN, RN,
Chairperson
[Pa.B. Doc. No. 14-2666. Filed for public inspection December 19, 2014, 9:00 a.m.]
[Pa.B. Doc. No. 14-2664. Filed for public inspection December 19, 2014, 9:00 a.m.]
STATE BOARD
OF NURSING
Bureau of Professional and Occupational Affairs v.
Sharon Caroll, LPN; File No. 14-51-09237; Doc.
No. 1641-51-14
On September 24, 2014, Sharon Carroll, LPN, license
no. PN259455L, of Indiana, Indiana County, had her
Bureau of Professional and Occupational Affairs v.
Leslie A. Johnson, LPN; File No. 13-51-00530;
Doc. No. 1499-51-13
On October 15, 2014, Leslie L. Johnson, LPN, license
no. PN085693L, last known of Lancaster, Lancaster
County, was automatically suspended for a period of 1
year, retroactive to September 4, 2014, based on her
misdemeanor conviction in violation of The Controlled
Substance, Drug, Device and Cosmetic Act (35 P. S.
§§ 780-101—780-144).
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
NOTICES
Individuals may obtain a copy of the adjudication by
writing to Megan E. Castor, Board Counsel, State Board
of Nursing, P. O. Box 2649, Harrisburg, PA 17105-2649.
This order represents the final State Board of Nursing
(Board) decision in this matter. It may be appealed to the
Commonwealth Court of Pennsylvania by the filing of a
petition for review with that court in accordance with the
Pennsylvania Rules of Appellate Procedure. Individuals
who take an appeal to the Commonwealth Court must
serve the Board with a copy of their petition for review.
The Board contact for receiving service of appeals is the
previously-named Board counsel.
ANN M. COUGHLIN, MBA, MSN, RN,
Chairperson
7999
ments and the relevant facts upon which they are based.
Comments may be submitted, in writing, to the State
Conservation Commission, Department of Agriculture,
Attn: Odor Management Program Coordinator, 2301
North Cameron Street, Room 311, Harrisburg, PA 17110.
Persons with a disability who wish to provide comments and require an auxiliary aid, service or other
accommodation to participate in the proceedings should
contact the specified program. TDD users should contact
the Department through the Pennsylvania AT&T Relay
Service at (800) 654-5984.
DANA K. AUNKST,
Acting Chairperson
[Pa.B. Doc. No. 14-2668. Filed for public inspection December 19, 2014, 9:00 a.m.]
[Pa.B. Doc. No. 14-2667. Filed for public inspection December 19, 2014, 9:00 a.m.]
STATE CONSERVATION
COMMISSION
STATE REAL ESTATE
COMMISSION
Access to Odor Management Plans for Concentrated Animal Operations and Concentrated Animal Feeding Operations and Volunteers Complying with the Commonwealth’s Facility Odor
Management Program
Bureau of Professional and Occupational Affairs v.
Anthony John Hughes, Sr.; Doc. No. 1771-562012; File No. 12-56-01552
The State Conservation Commission (Commission) is
notifying the public that information relating to Odor
Management Plans (Plans) submitted for Commission
action under 3 Pa.C.S. §§ 501—522 (relating to nutrient
management and odor management) will be available at
the Commission’s webpage at http://www.pda.state.pa.us/
scc (click on ‘‘Programs,’’ then click on ‘‘Odor Management
Program,’’ then select ‘‘Odor Management plans currently
under review by the State Conservation Commission’’) or
by contacting the Commission office.
The Commission’s Odor Management Program webpage
provides the name, address, animal equivalent units,
animal type, Odor Site Index score and submission type
for the various Plans under review by the Commission.
The listing of Plans under review can also be accessed by
contacting the Commission’s Harrisburg office at (717)
787-8821. The Commission will not take an action on a
submitted Plan until it has been noticed on this list for a
minimum of 21 days.
All Commission actions on submitted Plans will be
published in the Pennsylvania Bulletin.
On October 6, 2014, the State Real Estate Commission
(Commission) assessed a civil penalty of $2,800, ordered
to make up the deficiency and complete additional continuing education, and suspended indefinitely the license
of Anthony John Hughes, Sr., license no. AB066166 of
Philadelphia, Philadelphia County, because he failed to
reply to an audit and complete the continuing education
requirements.
Individuals may obtain a copy of the order by writing to
Juan A. Ruiz, Commission Counsel, State Real Estate
Commission, P. O. Box 2649, Harrisburg, PA 17105-2649.
This final order represents the Commission’s final
decision in this matter. It may be appealed to the
Commonwealth Court of Pennsylvania by the filing of a
petition for review with that court in accordance with the
Pennsylvania Rules of Appellate Procedure. Individuals
who take an appeal to the Commonwealth Court must
serve the Commission with a copy of their petition for
review. The Commission contact for receiving service of
appeals is the previously-named Commission counsel.
ANNIE HANNA CESTRA,
Chairperson
[Pa.B. Doc. No. 14-2669. Filed for public inspection December 19, 2014, 9:00 a.m.]
Persons wishing to view or obtain a copy of submitted
Plans are directed to submit a formal Right-to-Know
request to the Department of Agriculture (Department) to
arrange access to the Plans currently under review.
Persons wishing to comment on a Plan under review by
the Commission are invited to submit a written statement outlining their comments on a Plan to the Commission’s Odor Management Program within 21 days from
the Plan notice date provided on the Commission’s listing
of Plans under review. Individuals with a question relating to the submission of comments on a Plan under
review may contact the Commission office by phone to
discuss the process for the submission of comments.
Comments should include the name, address and telephone number of the writer, and a concise statement to
inform the Commission of the exact basis of the com-
Bureau of Professional and Occupational Affairs v.
Betty Jean Wagner; Doc. No. 1468-56-2012; File
No. 12-56-01009
On October 6, 2014, the State Real Estate Commission
(Commission) assessed a civil penalty of $2,800, ordered
to make up the deficiency and complete additional continuing education, and suspended indefinitely the license
of Betty Jean Wagner, license no. RB022887A of Berks
County, because she failed to reply to an audit and
complete the continuing education requirements.
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014
8000
NOTICES
Individuals may obtain a copy of the order by writing to
Juan A. Ruiz, Commission Counsel, State Real Estate
Commission, P. O. Box 2649, Harrisburg, PA 17105-2649.
This final order represents the Commission’s final
decision in this matter. It may be appealed to the
Commonwealth Court of Pennsylvania by the filing of a
petition for review with that court in accordance with the
Pennsylvania Rules of Appellate Procedure. Individuals
who take an appeal to the Commonwealth Court must
serve the Commission with a copy of their petition for
review. The Commission contact for receiving service of
appeals is the previously-named Commission counsel.
ANNIE HANNA CESTRA,
Chairperson
three towers and a computerized measuring system. Bid
documents can be obtained from Carrie Harmon, Thaddeus Stevens College, 750 East King Street, Lancaster,
PA 17602, (717) 299-7787, [email protected]
DR. WILLIAM E. GRISCOM,
President
[Pa.B. Doc. No. 14-2670. Filed for public inspection December 19, 2014, 9:00 a.m.]
Thaddeus Stevens College of Technology is soliciting
bids for project 14-2749 for cabinetry and furniture to
outfit a Water and Environmetal Technolgy Program
laboratory. Major items include fume hood, counter tops,
plumbing fixtures, eye wash station and related cabinetry.
Bid documents can be obtained from Carrie Harmon,
Thaddeus Stevens College, 750 East King Street,
Lancaster, PA 17602, (717) 299-7787, [email protected]
college.edu.
DR. WILLIAM E. GRISCOM,
President
THADDEUS STEVENS
COLLEGE OF
TECHNOLOGY
Request for Bids
[Pa.B. Doc. No. 14-2671. Filed for public inspection December 19, 2014, 9:00 a.m.]
Request for Bids
[Pa.B. Doc. No. 14-2672. Filed for public inspection December 19, 2014, 9:00 a.m.]
Thaddeus Stevens College of Technology is soliciting
bids for project 14-2748, drive up frame machine with
PENNSYLVANIA BULLETIN, VOL. 44, NO. 51, DECEMBER 20, 2014

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