December 1997
The Secretary
Dear Friend,
I am pleased to provide you with this second annual report on the Regulatory Basics Initiative
(RBI), our effort to retool our environmental regulations and policies to get Pennsylvania ready for the
21st Century.
We undertook the RBI in August 1995 to identify requirements that, without good reason,
were more stringent than federal rules, that imposed high costs in proportion to their environmental
benefits, and to eliminate rules that are outdated or discourage companies from adopting pollution
prevention measures or new green technologies.
Over the last year we took the initial round of RBI recommendations to our advisory
committees. They held hundreds of hours of meetings to help us develop 29 packages of regulatory
changes. As you might expect in an open process, many of the initial recommendations were
altered or, in some cases, dropped as a result of the committees’ work on specific issues.
So far, ten regulatory packages have been given final approval; they deal with waste, storage
tank, and air and mining issues, and will save an estimated $112 million annually for local
governments, businesses and individuals. Eleven other packages have been formally proposed and
are in public review. Eight are in development. The changes recommended in all 29 regulatory
packages will result in -
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an estimated $138 million in annual savings to individuals, businesses and local
governments -- without sacrificing good environmental protection practices;
nearly 5,000 pages of outdated regulations eliminated;
more than 1,700 pages of unneeded policies eliminated.
Through the RBI we have also dramatically expanded the availability of our technical guidance
documents to the public. Proposed and final changes in policies are announced weekly in the free
Environmental Protection Update newsletter. Copies of all guidance documents not involved in
regulatory changes will be posted on the DEP website by the end of the year.
The RBI is just one part of our effort to create a new open, performance-based standard of
excellence for our environmental protection programs. In the last year alone, our Land Recycling
Program won the Ford Foundation’s 1997 Innovations Award and the DEP website and Update
newsletter won the 1997 Conservation Communicator of the Year Award from the Pennsylvania
Wildlife Federation.
We look forward to working with all Pennsylvanians in an open process that will result in more
effective and efficient environmental protection programs.
Sincerely,
James M. Seif
Secretary
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TABLE OF CONTENTS
INTRODUCTION
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1
BACKGROUND
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1
SECOND YEAR ACCOMPLISHMENTS
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3
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4
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6
EFFECTIVE PUBLIC INVOLVEMENT
REVIEW OF REGULATIONS
I.
Recommended Changes to Regulations
II.
15
Schedule for Amending Existing Regulations
REVIEW OF TECHNICAL GUIDANCE
17
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I.
17
Program Reports Evaluating Technical Guidance
II.
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Schedule for Amending Technical Guidance
IMPROVED ENVIRONMENTAL PROTECTION
18
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ESTIMATED COST SAVINGS TO THE COMMONWEALTH
20
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ESTIMATED COST SAVINGS TO INDIVIDUALS, LOCAL GOVERNMENTS,
AND THE REGULATED COMMUNITY
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21
CONCLUSIONS
23
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2
6
NEED MORE INFORMATION?
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3
REGULATORY BASICS INITIATIVE
TWO-YEAR REPORT
INTRODUCTION
In the last year the Pennsylvania Department of Environmental Protection (DEP) brought its
initial round of Regulatory Basics Initiative (RBI) recommendations to its advisory
committees. These committees have since held hundreds of hours of meetings to develop
29 packages of regulatory changes to implement the RBI. As you might expect in an open
process, many of the initial recommendations were improved, changed or, in some cases,
dropped as committees worked on specific issues.
So far, 11 regulatory packages dealing with waste, storage tank, air and mining issues have
been given final approval by the Environmental Quality Board (EQB). These changes will
save an estimated $112 million for local governments, businesses and individuals. Ten
other packages have been proposed and are in public review while another eight are in
development.
DEP has been working hard to make the principles it outlined and changes that were
proposed through the RBI a reality while maintaining all its previous regulatory and permitting
responsibilities. In addition, the Department has amended and disseminated more than 85
percent of its technical guidance documents and conducted an unprecedented level of
interaction and involvement with hundreds of private citizens. This high level of
achievement from DEP has been conducted to ensure that the changes made through RBI
are sensible, pro-active and, most importantly, continue to protect the health and safety of
Pennsylvania and its environment.
BACKGROUND
The RBI came about in part as a response to Governor Ridge’s Executive Order 1996-1. In
August 1995, Secretary Seif directed the Department to conduct an overall review of DEP’s
regulations and technical guidance documents in accordance with this Order. The purpose
of the Initiative was, without lowering our environmental standards or decreasing public
participation, to insure the agency’s regulations and technical guidance documents were not:
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More Stringent Than Federal Law, Without Good Reason
Imposing Disproportionate Economic Costs Without Significant Benefit
Experiencing Significant Noncompliance
Too Prescriptive or Technology Specific
Inhibitors to the Application of New Green Technologies
Discouraging a Pollution Prevention Approach
Obsolete or Redundant
Lacking In Clarity
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Upon completing their reviews, each program made suggestions for improving their
regulations and technical guidance to facilitate these goals. During the public comment
period on the Initiative, 113 commentators provided input to the Department. Based on
these recommendations, the program reports on regulations were released in May 1996 and
the program reports on technical guidance documents were released in August 1996. A
summary of all the efforts to date and the future RBI goals were later released in October
1996 in the Department’s One Year Later Report.
5
SECOND YEAR ACCOMPLISHMENTS
During the past year, DEP spent thousands of hours working with the public to ensure that
the RBI makes sense for Pennsylvania. DEP’s agency wide Public Participation Policy
requires the active involvement of the public. DEP has exceeded that requirement.
The Department met with its various advisory committees on the RBI proposals more than 50
times since October 1996, spending hundreds of hours with them getting feedback on the
RBI proposals. In addition, every regulatory package underwent or will undergo an
extensive public comment period. After these comment periods, department staff
responded to every comment made during such periods. When necessary, public hearings
have also been conducted. In the past year, DEP has conducted a dozen public hearings
concerning the proposals of the RBI.
Based on the feedback obtained through this extensive outreach, many changes to the initial
proposals were made and incorporated into the regulations. In the past year, the following
RBI related goals were accomplished:
November 1996
Review of the new Reg Basics proposals by the
various advisory committees continued in depth.
January 1997
The Hazardous Waste Amendments (PK-5) and Residual
& Hazardous Waste/Sewage Sludge Regulations, the first
regulatory changes included in RBI, are published as final
regulation in the Pennsylvania Bulletin.
June 1997
The final Universal Waste Rule is published in the
Pennsylvania Bulletin.
October 1997
Storage Tank Standards are published in the Pennsylvania
Bulletin.
December 1997
Two-Year Report is released. A total of 11 final regulatory
packages have been approved by the EQB.
While tremendous progress towards accomplishing the goals of the RBI has been made,
much work remains. Eighteen regulatory packages still need to be approved by the EQB as
proposed or final regulations. In order to complete the revisions to these packages, a lot of
public outreach remains to be done. DEP’s future goals for the initiative include:
December 31, 1997
Revisions to all technical guidance will be completed,
unless it is dependent on a regulatory change. All
technical guidance will be posted to DEP’s World Wide
Website for public review.
December 31, 1997
A majority of proposed rulemakings recommended for
revision will be submitted to the EQB.
Spring 1998
All regulatory packages will be presented to the various
advisory committees. Positive recommendations will be
obtained for those proceeding to the EQB.
December 1998
All regulations recommended for revision will be submitted
to the EQB as proposed and later final rulemakings.
6
EFFECTIVE PUBLIC INVOLVEMENT
None of the regulatory changes of the RBI have been made without the extensive
involvement of advisory committees, citizens and business groups. A public comment
period and, when necessary, public hearings are also required for all changes. The
Department has made every effort to make the process of developing the RBI regulations
more open to members of the public than any in history. DEP values the comments and
advice that the public gives and has consistently sought the highest level of public input
possible.
Because there is no single RBI package some may have been unaware of the extent to
which the public has commented on the Initiative. This is because the Initiative’s various
changes are being made through 29 separate regulatory packages. While some individuals
are aware that they gave extensive comments on, for example, the Storage Tank Technical
Standards, they may be unaware that at the same time they were giving DEP comments on
the RBI. This is because the Storage Tank Technical Standards is one of the many RBI
regulatory packages.
The amount of public participation in the Reg Basics process is every bit as impressive as
the amount of money being saved for individuals, local governments and businesses through
the RBI. In the past year, the RBI changes and proposals have been discussed at well over
50 separate meetings of DEP’s advisory committees. This means that in addition to the
time DEP spent drafting and researching the proposed changes, several hundred hours have
been spent consulting with members of the public through these committees. This level of
public input will ensure that the RBI proposals will impact Pennsylvanians in a positive way.
Environmentalists, consumer organizations, local government officials, state legislators,
scientists and probably some of your neighbors are just some of the people who serve on
DEP’s advisory committees. The feedback from these committees is vital for ensuring that
the proposals presented are right for Pennsylvania. In fact, the advisory committee
comments are so important that not one regulatory package has been forwarded to the EQB
without its advisory committee’s approval or endorsement.
The Department seeks more than just input from the members of its standing advisory
committees. Frequently, the EQB may recommend public hearings be held to obtain an
even broader cross-section of public opinion. These public hearings allow even more
individuals access to DEP’s regulatory process when potentially controversial issues are
being debated. In the last year alone, DEP held over two dozen hearings on the various
regulatory changes of the RBI. Furthermore, every regulatory package has a one-, two- or
three-month public comment period during which any member of the public who wishes to
question the regulations and recommend changes is welcomed to do so. Fifty-five
individuals provided DEP with 261 distinct comments on the eight final packages that had an
open comment period during the past year. The Department responded to every one of
these comments through the Comment and Response documents that are a part of each
regulatory package sent to the EQB. These documents were then mailed out to each
commentator.
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Public feedback will continue to be a primary concern of the Department throughout the life
of the RBI and beyond as DEP continues to improve upon Pennsylvania’s environmental
regulations. The EQB even maintains a policy for allowing members of the general public to
petition it to issue, amend or repeal regulations should they feel it necessary. This policy,
found in Chapter 23 of the Pennsylvania Code, allows the public to call for regulatory
changes when they feel a public interest is present and is not being adequately protected.
The Department, now more than ever, will pursue a consistent plan of public comment and
contribution which will guarantee producing regulations that both protect our environment and
respond to the serious economic concerns of our state.
8
REVIEW OF REGULATIONS
I.
Recommended Changes to Regulations
Here is a complete listing of the regulatory changes that incorporate the RBI. These
recommended changes were solicited from DEP staff and the general public. These
recommendations then underwent careful analysis and discussion with the appropriate
advisory committees. Each regulatory change has gone or will go through the full regulatory
process, including review by advisory committees and, where needed, public hearings. A
description of each regulatory package follows.
Air Quality

Air Quality Amendments - RBI #1: The changes to Chapter 121 conform the
definitions relating to coke ovens, major modification, modification, potential to
emit, responsible official and secondary emissions to the federal definitions of
these terms. The changes to Chapter 122 incorporate by reference the new
source performance standard guidelines established under Section 111(d) of the
Clean Air Act. The changes to Chapter 123 make this regulation consistent with
the maximum achievable control technology (MACT) standards for coke ovens
promulgated by the Environmental Protection Agency (EPA) through the Clean Air
Act. The change to Chapter 137 eliminates the mandatory requirement for
submission of standby plans to address air pollution episodes. The changes to
Chapter 139 also establish consistent data availability requirements for all CEM
sources and extend the monitoring provisions applicable to municipal waste
incinerators to hospital waste incinerators.
Advisory Committee: Air Quality Technical Advisory Committee
Public Hearings: May 13, 15 & 18, 1997
Public Commentators: 7 individuals
Current Status: Final regulation approved by the Independent Regulatory
Review Commission ( IRRC) October 7, 1997

Air Quality Amendments - RBI #2: This proposal is the second in a series of
amendments to the Department’s air resource regulations resulting from the RBI.
The proposal deletes portions of Chapter 128 which established alternative
emission reduction limitations for certain air contamination sources; allows 45 days
in Section 129.56 for repairs of defective seals on floating roof storage tanks of
40,000 gallons or more (with a possible 30-day extension); revises Section
129.67(b)(2) to insert the term “less water” which was inadvertently deleted in a
previous rulemaking; deletes the perchloroethylene (perc) requirements for dry
cleaning facilities in Section 129.70 since EPA no longer considers perc a VOC;
and deletes the Pennsylvania ambient air quality standards for certain constituents
in Chapters 131 and 139 because they are not required under the Clean Air Act.
Advisory Committee: Air Quality Technical Advisory Committee
Public Hearings: July 28, 1997 and August 5, 1997
Public Commentators: 8 individuals
Current Status: Scheduled for final EQB approval March 18, 1998

Malodors - RBI #3: This proposal is the third in a series of amendments to DEP’s
air resource regulations resulting from the RBI and addresses recommendations
9
received from both the public and the regulated community concerning DEP’s
program for addressing malodors. The regulations will be modified to clarify the
definition of “malodor,” add a definition for “odor investigation,” and add a
technology limitation to resolve malodor problems. The amended proposal will
allow a single member of the public to initially identify the objectionable odor and
allow the DEP air program staff to investigate and determine whether an
objectionable odor exists. Changes to Section 123.31(c) provide that a facility
which controls malodorous air contaminants through the use of Best Available
Technology will not be required to further reduce residual odors for a five-year
period.
Advisory Committee: Air Quality Technical Advisory Committee
Public Hearings: September 23, 25 & 29, 1997
Public Commentators: 92 individuals
Current Status: Proposed by EQB June 17, 1997
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Surface Coating Processes: This provision will simplify the calculation procedure
for determining compliance with the regulatory provisions and consider small
source exemptions to the extent possible without degrading air quality.
Advisory Committee: Air Quality Technical Advisory Committee
Public Hearings: 3 hearings to be scheduled
Public Commentators: Comment period not yet opened
Current Status: In development. To be proposed by EQB March 17, 1998
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Pollution Prevention and Alternative Technologies: This revision will allow the
Department to authorize, in a permit, pollution prevention and innovative
technologies which propose alternative mechanisms for meeting emission
reduction requirements.
Advisory Committee: Air Quality Technical Advisory Committee
Public Hearings: 3 hearings to be scheduled
Public Commentators: Comment period not yet opened
Current Status: In development. To be proposed by EQB March 17, 1998

Emissions Trading - NOx and VOCs: This regulation will allow sources emitting
volatile organic compounds (VOCs) and nitrogen oxides (NOx) to trade emissions
reductions among sources in order to achieve emission reduction requirements.
The trading program will reduce the overall costs of meeting the public health and
environmental goals of the National Ambient Air Quality Standards (NAAQS) for
ozone.
Advisory Committee: Air Quality Technical Advisory Committee
Public Hearings: 3 hearings to be scheduled
Public Commentators: Comment period not yet opened
Current Status: In development. To be proposed by EQB March 17, 1998

New Source Review: The Department’s existing new source review regulations
will be reorganized and reformatted to make the requirements clear to the
regulated community and to facilitate the creation and use of emission reduction
credits. The Department may propose a separate rulemaking package regarding
emission reduction credits. In addition, the Department will incorporate proposed
changes in the federal new source review requirements as necessary.
Advisory Committee: Air Quality Technical Advisory Committee
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Public Hearings: 3 hearings to be scheduled
Public Commentators: Comment period not yet opened
Current Status: In development. To be proposed by EQB March 17, 1998
Land Recycling and Waste Management
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Chapters 260-270, Comprehensive Hazardous Waste Amendments: This
proposal incorporates many of the federal RCRA regulations by reference. Major
changes to Pennsylvania’s existing regulations include adoption of the federal
definition of waste and addition of the federal land disposal restrictions and the
boiler and industrial furnace requirements (the “BIF” rule). These amendments
include numerous changes to make the Pennsylvania requirements consistent with
the federal standards, as well as replacing specific design standards with
performance based standards wherever possible.
Advisory Committee: Solid Waste Advisory Committee
Public Hearings: June 12, 14 & 16, 1997
Public Commentators: Public comment period ends February 4, 1998
Current Status: Proposed by EQB September 16, 1997

Chapters 271-289, Municipal Waste Amendments: Pennsylvania was granted
federal approval for its municipal waste program in 1994, based on its municipal
waste regulations. Many of the changes proposed for the residual waste
regulations are also being made to the municipal regulations. Important changes
that are included in these amendments address the applicability of the new Land
Recycling cleanup standards at permitted municipal waste sites, standards for the
proper storage of waste tires, improvements to the equivalency review procedures,
expansion of the types of activities that are eligible for general permits, changes to
the environmental assessment procedure as a result of the Governor’s Executive
Order on municipal waste facilities, and new requirements for the control of
nuisances such as odors.
Advisory Committee: Solid Waste Advisory Committee
Public Hearings: 3 hearings to be scheduled
Public Commentators: Comment period not yet opened
Current Status: In development. To be proposed by EQB February 17, 1998

Chapters 287-299, Residual Waste Amendments: There is no federal regulatory
equivalent to Pennsylvania’s residual waste regulations; however, several revisions
are being proposed as a result of the RBI. Significant changes include changes to
the definition of waste, the applicability of the new Land Recycling cleanup
standards at permitted residual waste sites, expansion of the types of activities that
are eligible for general permits, and changes to the definition of clean fill.
Advisory Committee: Solid Waste Advisory Committee
Public Hearings: 3 hearings to be scheduled
Public Commentators: Comment period not yet opened
Current Status: In development. To be proposed by EQB January 20, 1998

Municipal and Residual Waste/Sewage Sludge: This proposal amends the
municipal waste regulations by adding Subchapters I and J to Chapter 271,
providing for the issuance of general permits for the beneficial use or processing of
municipal waste/sewage sludge. The proposal also amends the residual waste
11
regulations to provide consistency in the implementation of general permits
between the two programs.
Advisory Committee: Solid Waste Advisory Committee
Public Informational Meetings: November 2, 14 & 17, 1994
Public Informational Workshops: November 2, 3, 9, 10, 14 & 16, 1994
Public Hearings: December 5, 8 & 12, 1994
Public Commentators: 177 individuals
Current Status: Adopted. Published in PA Bulletin January 25, 1997

Hazardous and Municipal Waste Amendments: The proposed amendments
update the Department’s existing regulations by correcting technical errors and
clarifying ambiguous sections. The amendments also address concerns raised by
affected industry representatives through the PK-4 industrial working group and
conform to recent EPA regulation changes.
Advisory Committee: Solid Waste Advisory Committee
Public Hearings: EQB recommended no hearings
Public Commentators: 189 individuals
Current Status: Adopted. Published in PA Bulletin January 11, 1997
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Universal Waste Rule: These amendments to the hazardous waste regulations
establish streamlined requirements for the collection and management of universal
wastes, such as nickel-cadmium and other types of batteries, certain hazardous
waste pesticides, and mercury-containing thermostats. The proposal is designed
to provide for the environmentally-responsible management and recycling of these
wastes without over-regulating the materials. The proposal includes a petition for
persons who wish to place additional wastes under similar controls.
Advisory Committee: Solid Waste Advisory Committee
Public Hearings: EQB recommended no hearings
Public Commentators: 4 individuals
Current Status: Adopted. Published in PA Bulletin March 18, 1997

Municipal, Residual and ICW Reporting Requirements/County Municipal Waste
Plan Revisions: Identified through the RBI, these amendments to the municipal
and residual waste regulations will eliminate duplicative data submission and
reduce unnecessary or redundant record keeping requirements for the regulated
community while assuring continued environmental protection as well as public
access to information. In addition, this proposal implements a recommendation
from the Municipal Waste Stakeholders Group to amend Section 272.252(e) to
allow counties to add or delete a waste management facility to or from their county
municipal waste management plan through a nonsubstantial plan revision,
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allowing counties to act more quickly to adjust their plans to take advantage of
market conditions.
Advisory Committee: Solid Waste Advisory Committee
Public Hearing: April 1, 1997
Public Commentators: 8 individuals
Current Status: Sent to IRRC for final approval September 24, 1997
Mineral Resources

Noncoal Mining: Identified for revision through the RBI, this proposal creates a
definition for general permits and a new subchapter to develop general permits for
certain categories of noncoal mining; clarifies bonding and insurance requirements;
and simplifies and clarifies information, operation and reclamation requirements as
well as environmental performance standards. The mining industry will realize
cost savings and more flexible permit application and bonding requirements
through these amendments.
Advisory Committee: Mining and Reclamation Advisory Board
Public Hearings: March 25, 1997 and March 31, 1997
Public Commentators: 10 individuals
Current Status: Sent to IRRC for final approval November 5, 1997

Mine Subsidence Control, Subsidence Damage Repair and Water Supply
Replacement (Act 54): This proposal amends Chapter 89 to incorporate new
requirements and delete those requirements which are no longer applicable as a
result of Act 54 of 1994 amendments to the Bituminous Mine Subsidence and
Land Conservation Act (BMSLCA). Act 54 requires underground mine operators
to restore or replace water supplies affected by their activities. The Act also
repealed provisions that prohibited underground mine operators from mining
beneath specific structures, including dwellings in place prior to April 1966, but it
included a provision that underground mine operators must repair more types of
structures, replace a wider range of water supplies and provide greater
compensation to affected structure owners. The regulatory provisions must
therefore be deleted because they are invalid as a result of Act 54. Subchapter F
will also be restructured to separate into three sections those requirements that
apply to subsidence damage, those that apply to water supply damage (which are
new to Chapter 89), and those that apply generally to underground mining
activities. The proposal also recognizes the different regulatory requirements
necessary for longwall mining operations versus underground mining methods;
sets forth the requirements for premining and postmining structural surveys; and
changes mapping requirements to require operators to identify water supplies as
well as structures which may be impacted by underground mining activities.
Advisory Committee: Mining and Reclamation Advisory Board
Public Hearing: June 18, 1997
Public Commentators: 45 individuals
Current Status: Scheduled for final EQB approval January 20, 1998

General Bonding, Civil Penalties and Areas Unsuitable for Mining: This proposal
will amend Chapter 86 to address requirements which are more stringent than
Federal law. The amendments were identified through the RBI. Changes include
revised definitions for “related party” and “owned or controls and owns or controls,”
13
and a new definition for “willful violation.” The proposal also revises the
designation of areas unsuitable for mining process as well as bonding
requirements and civil penalties.
Advisory Committee: Mining and Reclamation Advisory Board
Public Hearings: EQB recommended no hearings
Public Commentators: 1 individual
Current Status: Sent to IRRC for final approval September 24, 1997

Coal Mine Permitting and Performance Standards: These amendments were
identified through the RBI for Pennsylvania to be no more stringent than the
federal regulations relating to standards governing protection of the hydrologic
balance, protection of fish and wildlife, and prevention of erosion with reference to
permitting requirements and performance standards for surface coal mining.
Advisory Committee: Mining and Reclamation Advisory Board
Public Hearings: June 10, 1997 and June 12, 1997
Public Commentators: 6 individuals
Current Status: Scheduled for final EQB approval January 20, 1998

Small Operator Assistance Program (SOAP): The proposed amendments were
identified through the RBI to delete redundant language, conform to existing
Federal requirements, and otherwise provide clarity to the regulations which are
applicable to coal mine operators producing less than 300,000 tons of coal per
year and wish to obtain program assistance.
Advisory Committee: Mining and Reclamation Advisory Board
Public Hearings: EQB recommended no hearings
Public Commentators: 1 individual
Current Status: Sent to IRRC for final approval November 5, 1997

Oil and Gas Well Amendments: Revisions to Chapters 78 and 79 and deletion of
Chapter 80 are proposed as a result of the RBI. Chapter 78 amendments will
simplify notification and reporting requirements and clarify requirements for the
discharge of tophole water to the land surface, surface casing and cementing
procedures, and plugging procedures for wells in coal areas. A single change to
Chapter 79 is for conformance with Chapter 78 requirements. Chapter 80 will be
deleted in its entirety because the Federal Gas Well Classification program has
been terminated.
Advisory Committee: Oil and Gas Technical Advisory Board
Public Hearings: EQB recommended no hearings
Public Commentators: 2 individuals
Current Status: Approved final by the EQB December 16, 1997

General Provisions and Areas Unsuitable for Mining: This proposal was
developed as a result of the RBI to address regulations which are more stringent
than federal requirements and to improve clarity. The proposal would amend
various sections concerning definitions and procedures relating to the Unsuitable
for Mining (UFM) program. The amendments would allow DEP, and not the EQB,
to conduct the public hearings associated with UFM designation requests and
would give DEP 12 months within which to make a decision on the request in the
form of a recommendation to the EQB.
Advisory Committee: Mining and Reclamation Advisory Board
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Public Hearing: August 14, 1997
Public Commentators: Comment period not yet opened
Current Status: Proposed by EQB October 21, 1997
Water Management

Chapter 94 - Municipal Wasteload Management: The major emphasis of this
proposal, which was developed as a result of the RBI, is to delete regulations
related to the implementation of the federal pretreatment program. The
regulations are unnecessary because DEP has not accepted delegation of this
EPA program and does not plan to do so in the foreseeable future. The proposal
provides clarity with respect to annual reporting requirements for municipal facility
permittees.
Advisory Committee: Water Quality Technical Advisory Committee
Public Hearings: EQB recommended no hearings
Public Commentators: 10 individuals
Current Status: Proposed by EQB June 17, 1997

Chapters 91, 97 and 101 - Wastewater Management: This proposal was
developed as a result of the RBI and consolidates existing provisions of parts of
Chapters 97 and 101 into a single source -- Chapter 91 -- with minor editorial
changes. The proposed consolidation will provide easy reference to related water
pollution control requirements. The proposal will provide the regulated community
and DEP greater flexibility in implementing pollution prevention measures and
improve the permitting program by providing authority for issuing general water
quality management permits.
Advisory Committee: Water Quality Technical Advisory Committee
Public Hearings: EQB recommended no hearings
Public Commentators: 11 individuals
Current Status: Proposed by EQB June 17, 1997

Chapter 102, Erosion Control: This proposal was developed to provide flexibility
in implementing Best Management Practices (BMPs) for a wide range of earth
disturbance activities, integrate the federal requirements for NPDES Stormwater
Construction permits, clarify the planning and permitting requirements, and
streamline the regulatory process for projects with minimal risk or threats to the
environment.
Advisory Committee: Water Quality Technical Advisory Committee
Public Hearings: 3 hearings to be scheduled
Public Commentators: Comment period not yet opened
Current Status: Proposed by EQB October 21, 1997

Storage Tanks - Technical Standards: This proposal consists of minor revisions
to Chapter 245, Subchapter A, which includes definitional changes, the removal of
language adopting the federal underground storage tank regulations which are
proposed to be codified in new Subchapter E, and adoption by reference of the
federal regulations relating to lender liability. The proposal also creates new
subchapters to establish a permitting program for storage tanks as well as
separate technical and operational standards for aboveground storage tanks. The
proposal represents the last major new rulemaking for implementation of
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Pennsylvania’s storage tank program as authorized by the Storage Tank and Spill
Prevention Act.
Advisory Committee: Storage Tanks Advisory Committee
Public Hearing: August 6, 1996
Public Commentators: 23 individuals
Current Status: Adopted. Published in PA Bulletin October 11, 1997

Repeal of Chapter 171 (Schools): Identified through the RBI, this proposal
repeals Chapter 171 which established standards for design and operation of
schools pertaining to water supply, plumbing, sewage disposal, and more. Over
the past ten years, other DEP programs and agencies such as the departments of
Education, Health and Labor and Industry have been granted statutory authority for
various environmental health-related aspects of school facilities and operation.
DEP will continue to exercise authority over important sanitary aspects of school
facilities through the drinking water, sewage facilities and waste management
regulatory programs.
Advisory Committee: None applicable
Public Hearings: EQB recommended no hearings
Public Commentators: 14 individuals
Current Status: Proposed by EQB December 17, 1996

Municipal Financial Assistance: Amendments are proposed to Subchapters A and
D of Chapter 103. The grant program portion of Subchapter A is no longer
needed as a result of the Title VI State Water Pollution Control Revolving Fund
replacing Title II provisions of the Clean Water Act. Subchapter D amendments
would delete provisions related to a state design grant program and supplemental
construction grant program which are no longer needed since all eligible
communities have been awarded grants and were paid. New text will be added to
allow the department to award grants for construction of municipal sewage facilities
to one or more economically depressed communities. Approximately $155,000 is
available from the Land and Water Conservation and Reclamation Act bond
proceeds for this effort.
Advisory Committee: None applicable
Public Hearings: EQB recommended no hearings
Public Commentators: 1 individual
Current Status: Sent to IRRC for final approval November 5, 1997

Chapters 92, 93, 95, 96 and 97: Purpose of these revisions is twofold -- to
address changes needed to address RBI priorities and incorporate changes
needed to implement the federal Great Lakes Water Quality Initiative (GLI).
Advisory Committee: Water Quality Technical Advisory Committee
Public Hearings: May 7, 1997 and May 13, 1997
Public Commentators: Comment period not yet opened
Current Status: In development. To be proposed by EQB January 20, 1998

Chapter 105 - Dam Safety and Waterway Management: Revisions are being
proposed to implement changes detailed in the RBI process and to incorporate the
existing Title 25, Chapter 106 Rules and Regulations into Chapter 105
Advisory Committee: Water Quality Technical Advisory Committee
Public Hearings: 3 hearings to be scheduled
16
Public Commentators: Comment period not yet opened
Current Status: In development. To be proposed by EQB December 16,
1998
17
II.
Schedule for Amending Existing Regulations
In October 1996, the Department began proposing and adopting the regulatory changes
necessary to achieve the goals of the RBI. Since that time, some of the 43 separate
rulemakings have been combined into larger packages. This has left a total of 29 RBI
regulatory packages.
By early 1998, the Department will have forwarded all but one of the rulemakings to the EQB.
Currently, 72 percent of the rulemakings implementing the goals of this Initiative have already
been proposed to the EQB. Of the 29 rulemakings that DEP hopes to adopt, less than
one-third are still in development. The current status of DEP’s regulatory packages is:

Rulemakings Finalized by the EQB:
11

Rulemakings Pending Final Approval:
10

Rulemakings in Development:
8
The schedule for the RBI rulemakings is as follows:
TABLE I: RBI Rulemakings Finalized by the EQB
Reg. #
EQB
Finalized
Title
Pa. Bulletin
Publication
Date
7-287 Hazardous Waste Amendments (PK-5) Oct. 15, 1996
Jan. 11, 1997
7-282 Residual and Hazardous Waste/
Sewage Sludge
Oct. 15, 1996
Jan. 25, 1997
7-297 Universal Waste Rule
Mar. 18, 1997
Jun. 14, 1997
7-296 Storage Tank Technical Standards
Jul. 15, 1997
Oct. 11, 1997
7-302 General Bonding, Civil Penalties
and UFM
Sep. 16, 1997
7-304 Municipal and Residual Waste
Amendments - Reporting Requirements / County Plan Revisions
Sep. 16, 1997
7-313 Air Quality Amendments (RBI #1)
Sep. 16, 1997
7-303 Noncoal Mining
Oct. 21, 1997
7-308 Small Operator Assistance Program
Oct. 21, 1997
7-311 Ch. 103 - Financial Assistance
Oct. 21, 1997
7-318 Oil and Gas Well Amendments
Dec. 16, 1997
18
TABLE II: RBI Rulemakings Pending Final Approval
EQB Reg. #
Final
Title
EQB
Proposed
7-305
Repeal of Ch. 171 (Schools)
Dec. 17, 1996
7-323
Chs. 91, 97 & 101 - Wastewater
Mgmt. Clean Streams Law
7-322
Ch. 94 - Municipal Wasteload Mgmt.
Clean Streams Law
Jun. 17, 1997
7-325
Malodors (RBI #3)
Jun. 17, 1997
7-328
Chs. 260-270 - Comprehensive
Hazardous Waste Amendments
Sep. 16, 1997
7-331
General Provision and Areas
Unsuitable for Mining
Oct. 21, 1997
7-332
Ch. 102 - Erosion Control
Oct. 21, 1997
7-316
Mine Subsidence Control,
Subsidence Damage Repair and
Water Supply Replacement (Act 54)
Mar. 18, 1997
Jan. 20, 1998
7-307
Coal Mine Permitting and
Performance Standards
Feb. 18, 1997
Jan. 20, 1998
7-317
Air Quality Amendments (RBI #2)
Mar. 18, 1997
Feb. 17, 1998
Jun. 17, 1997
TABLE III: RBI Rulemakings in Development
EQB Reg. #
Final
Title
EQB
Proposed
TBA
Chs. 287-299, Residual Waste
Amendments
TBA
Chs. 92, 93, 95, 96 and 97 (Water
TBA
Chs. 271-289 - Municipal Waste
Feb. 17, 1998
Amendments
TBA
Pollution Prevention and Alternative
Technologies - Air Quality
Feb. 17, 1998
TBA
Emissions Trading - NOx and VOCs
Mar. 17, 1998
TBA
New Source Review
Mar. 17, 1998
TBA
Surface Coating Processes
Mar. 17, 1998
TBA
Ch. 105 - Dam Safety and Waterway Dec. 16, 1998
Management
19
Jan. 20, 1998
Jan. 20, 1998
Quality)
REVIEW OF TECHNICAL GUIDANCE
I.
Program Reports Evaluating Technical Guidance
Technical guidance documents are the official policies of the Department; often detailing the
prescribed methods the Department recommends for complying with our regulations. As
part of the RBI, the Department reviewed over 16,000 pages of technical guidance to meet
the goals. Guidance was evaluated to ensure the use of the following criteria:
A)
B)
C)
D)
E)
F)
G)
H)
I)
Conformity with State Statutes and Regulations
No More Stringent than Federal Requirements
Positive Economic Impacts
Compliance Assistance
Performance or Outcome Oriented
Do Not Inhibit the Use of Green Technologies
Support Pollution Prevention Approach
Are Necessary and Not Redundant
Clarity
The program reports evaluating the Department’s technical guidance documents were
released in August 1996 and mailed to the individuals who submitted comments during the
public comment period. These reports were also provided to the Department’s advisory
committees for review and comment. Of the Department’s existing 16,000 pages of
technical guidance, 2,174 pages will be deleted. In addition, many pages will be revised to
comply with the goals of this Initiative.
II.
Schedule for Amending Technical Guidance
All technical guidance which is not dependent on a regulatory or other change will be
updated, revised or eliminated by December 1997. The remaining technical guidance which
cannot be revised until a regulatory or other change will be revised or eliminated by
December 1998. Notice of deletions and amendments will be made in the weekly
Environmental Protection UPDATE newsletter and the Pennsylvania Bulletin. Public
comments will be accepted on all amendments to technical guidance.
The Department also has made strides to improve the dissemination of its technical guidance
documents to the public. To this end, the Department has placed over 85 percent of its
revised technical guidance on its World Wide Web page at http://www.dep.state.pa.us . The
guidance documents can then be found either through the Public Participation Center or the
Information by Subject links from this homepage. By December 31, 1997, the Department
will post every document, or a summary of every document, on its web page. This will
provide instant public access to all of DEP’s guidance documents. It is this type of open,
accessible government that is the goal of RBI and the Department. These efforts have lead
to DEP’s national recognition for its efforts at environmental communication and
education.
20
IMPROVED ENVIRONMENTAL PROTECTION
The RBI is about changing the way in which we conduct environmental protection in
Pennsylvania. A primary focus of the effort is to increase the efficiency with which the
Department operates. Increased operational efficiency means that the Department staff will
spend less time on administrative activities related to approving complex permits and more
time developing and implementing innovative programs for protecting Pennsylvania’s
environment. Additionally, eliminating obsolete regulations, modifying regulations which are
too prescriptive and clarifying regulatory language will eliminate confusion regarding
regulatory requirements and promote compliance.
Beyond this, another focus of the RBI was to identify areas where specific Pennsylvania
interests for advanced environmental protection exist and improve the regulations dealing
with those interests to best serve Pennsylvanians. Pennsylvanians are already beginning to
see the environmental benefits that have come about as result of changes from the RBI.
Some of the changes from the RBI that result or will result in improved protection of
Pennsylvania’s environment include:

Universal Waste Rule: Prevent pollution by facilitating the recycling or proper disposal
of wastes that are not appropriately managed under existing regulations including: nickel
cadmium and other batteries, hazardous waste pesticides that are either recalled or
collected in a waste pesticide collection program and mercury-containing thermostats.

Chapters 287-299, Residual Waste Amendments: Includes multiple incremental
changes from waste processing and disposal facilities to increase public protection:
Applicants must demonstrate that waste to be disposed will not adversely affect a liner or
leachate treatment system as well as require an expanded source reduction strategy
including all wastes.
Additional public notice is required by the applicant and Department as well as public
comments on a submission or a modification of closure plan.
Applicants for noncaptive landfill or disposal impoundments must demonstrate odors will not
reach residential or recreational areas or institutional establishments as well as provide
for routine inspection of nuisances.
Final closure of facilities must be certified to ensure compliance with closure requirements.
Wellhead protection areas must be identified and protected from facility impacts. Facilities
must increase the number of monitoring points and standards for wells and well casings.
Requires rate and transport analysis on groundwater contaminant migration.
Plans for access roads concerning truck traffic and nuisance prevention and control plans
must be submitted as well as plans to inspect incoming wastes to ensure they are
permitted.
Construction of a landfill gas extraction system must be certified by a professional engineer.
Plans for fugitive dust emissions minimization must be approved.
Increase the distance between occupied dwellings and landfills from 300 ft. to 300 yds.
Require an annual report for waste tire storage sites.
Promote green technologies by allowing for the demonstration of new technology at existing
facilities through a permit modification process.
21

Municipal and Residual Waste/Sewage Sludge: Encourages the development of
clean sewage sludges that have less impact on the environment by allowing sewage
sludge of a certain quality to be land applied with fewer restrictions.

Hazardous and Municipal Waste Amendments: Operators are required to certify
annually it has a program in place for reducing the toxicity and volume of wastes
generated and that the treatment, storage and disposal methods selected minimize
threats to human health and the environment.

Chapters 260-270, Comprehensive Hazardous Waste Amendments: Persons or
municipalities that generate hazardous waste must prepare a source reduction strategy
that identifies the methods and procedures that the person or municipality intends to
implement to reduce the amount of hazardous waste generated.

Storage Tanks - Technical Standards: New regulations will ensure that all storage
tank facilities will be covered by an operating permit.

Mine Subsidence Control, Subsidence Damage Repair and Water Supply
Replacement (Act 54): Underground mine operators must repair more types of
structures, replace a wider range of water supplies and provide greater compensation to
affected structure owners when they are responsible for surface subsidence. Operators
must identify water supplies as well as structures which may be impacted by underground
mining.
22
ESTIMATED COST SAVINGS TO THE COMMONWEALTH
The RBI was conducted to improve the efficiency by which the Department approves permit
applications, conducts its monitoring and reviews reporting documentation. This means the
Department spends less time on administrative activities and more time on more qualitative
endeavors that more directly effect the quality of life of Pennsylvanians. While this
translates to increased environmental protection for Pennsylvania, it also means savings to
Pennsylvania taxpayers.
In order to achieve these savings, unnecessary and redundant regulatory requirements are
being eliminated. This will allow more effective use of staff time and will save the taxpayers
of the Commonwealth over $1 million in staff time. This is truly what is meant by our
commitment to “retarget, retool and refocus” Pennsylvania’s environmental regulations.
The changes which are recommended in this report will result in estimated savings of
$1,025,319 to the Commonwealth. This figure, detailed in last year’s One Year Later report,
is an estimate based on the major program changes included in the Initiative.
One of the many changes that will contribute to these savings is a move toward general
permits where practicable. These permits require less time for the regulated community to
complete and for the Department to review without sacrificing the level of environmental
protection. Another cost savings change is the efforts to combine numerous reporting forms
seeking similar information into a single document. This, too, will ease administrative
burdens.
Finally, savings will result from the drafting of strict technical guidance documents for permit
review. These will eliminate ambiguities and help to improve consistency of review. This
clearly will not only save taxpayer dollars, but improve the quality of the work the Department
performs.
The Department acknowledges that all these cost-savings would be valueless if it was at the
expense of the quality of the work performed. For this reason, the Initiative was carefully
crafted to generate savings without any loss in service.
23
ESTIMATED COST SAVINGS TO INDIVIDUALS, LOCAL GOVERNMENTS,
AND THE REGULATED COMMUNITY
While the RBI will save some taxpayer dollars, the Initiative is more about altering
Pennsylvania’s environmental regulations so that they make logical sense to local
governments and the regulated community that abide by them. The same changes that will
result in administrative savings for the Department will also mean savings for people who
have to comply with DEP’s regulations.
If all the changes incorporated into the regulations of the RBI are adopted, the Department
will save local governments and the regulated community an estimated $138 million annually.
While this is lower than the initial estimate of $155 million, this still represents a substantial
savings to the Commonwealth. The lower estimate results from the department deciding not
to adopt all the proposals initially offered under the RBI. This is because the RBI savings
are being achieved by adopting rational, common sense and analytically based criteria for
crafting environmental regulations here in Pennsylvania -- not by sacrificing environmental
protection. The goal of the RBI is to improve environmental protection through efficiency.
In a few cases, the more detailed analysis of the proposed changes which accompanied their
drafting meant they could not be effected without violating our primary duty to protect
Pennsylvania’s environment.
The Department describes each of the proposed changes to the regulations, examines the
economic and other impacts, and provides other information of interest on each regulatory
package in documents called Regulatory Analysis Forms. If you wish to obtain the
documents on regulatory changes of interest to you, they are public information and can be
obtained by contacting the Department.
One of the changes that will mean big savings to the regulated community are streamlined
application and reporting requirements. Clarifying the regulations and eliminating
redundancies and unnecessary plans and paperwork will mean that companies will spend
less money on transaction costs such as consulting and legal expenses.
The Initiative is accomplishing many goals, but the most important thing it does is make
Pennsylvania more job-friendly and competitive overall. This happens through some major
regulatory revisions, but mostly through numerous small changes that, when aggregated, will
mean real savings to local governments and businesses of this Commonwealth.
24
TABLE IV: Cost Savings (Estimated) for Local Governments
and the Regulated Community
RBI Changes Already Effected by Regulatory Change:
Reg #
7-282
Title
Savings
Residual and Hazardous Waste/Sewage Sludge
Sewage Sludge
Beneficial Coal Ash Use
7-287
7-296
7-297
$ 92,944,600
$83,841,200
$9,103,400
Hazardous Waste Amendments (PK-5)
Storage Tank Technical Standards
Universal Waste Rule
$
7,895,800
$
543,000
$ 11,400,000
$112,783,400
RBI Changes Proposed by Regulatory Change:
Reg #
7-303
7-304
7-307
7-313
7-318
7-322
7-323
7-328
7-331
7-332
Title
Savings
Noncoal Mining
Municipal and Residual Waste AmendmentsReporting Requirements/ County Plan Revisions
Coal Mine Permitting and Performance Standards
Air Quality Amendments - RBI #1
Oil and Gas Well Amendments
Chapter 94 - Municipal Wasteload Management
Clean Steams Law
Chapters 91, 97 & 101 - Wastewater Management
Clean Steams Law
Chapters 260-270, Comprehensive Hazardous
Waste Amendments
General Provisions and Areas Unsuitable
for Mining
Chapter 102, Erosion Control
Chapters 287-299, Residual Waste Amendments
Surface Coating Processes
$
$
110,000
400,000
$
$
$
$
38,000
1,430,000
12,500
753,000
$
2,812,500
$
$
500,000
76,900
$
150,000
$
3,855,920
$
4,375,000
$ 14,513,820
RBI Changes Proposed Via Departmental Policy Changes:
Bureau
Savings
Bureau of Air Quality
$ 10,875,000
TOTAL SAVINGS TO INDIVIDUALS, LOCAL
GOVERNMENTS AND THE REGULATED COMMUNITY
25
$138,172,220
CONCLUSIONS
The RBI is about making Pennsylvania’s Department of Environmental Protection a more
efficient, creative and service oriented agency. The changes of the initiative are increasing
the department’s ability to conduct its duties and resulting in more protection of the
Pennsylvania environment than ever before.
The proof of RBI’s success appears in many places. An unprecedented amount of work has
gone into proposing, finalizing and adopting 29 regulatory packages. The posting of 85
percent of our technical guidance documents to our website with the rest to follow shortly
means that information for conducting environmental protection is more accessible to the
public. Success also appears through the changes specifically designed to increase the
protection of Pennsylvania’s environment, save taxpayer dollars and make more efficient use
of our Commonwealth’s resources to produce $138 million in savings for local governments
and the regulated community.
The RBI has not been done arbitrarily; rather, it has been one of the most careful, complete
and thorough analysis of environmental programs ever done. This extensive analysis,
conducted by the department, advisory committees, environmentalists, business groups,
local governments and everyday citizens, has been a result of the most comprehensive effort
at public participation ever conducted. All of this input is ensuring that the RBI will succeed
at improving Pennsylvania and Pennsylvania’s environment.
NEED MORE INFORMATION?

Call us at (717) 783-8727

E-mail us at RegBasics@a1.dep.state.pa.us

Visit our World Wide Website at http://www.dep.state.pa.us
All Regulatory Basics Initiative reports are available on the Website (Choose Public
Participation Center / Regulatory Basics Initiative).
26