In Borough of Bedford v. Department of Environmental Protection, 972 A.2d 53, 62 (Pa. Cmwlth. 2009), various municipalities that operated wastewater and sewage treatment plants filed a petition for review challenging a Compliance Plan issued by the Department of Environmental Protection (DEP). The municipalities argued that the Plan was invalid as an unpromulgated regulation. DEP filed a motion for summary relief. The Court denied the motion, concluding that the issue of whether the Plan was a regulation or a statement of policy could not be determined by reviewing its component documents alone. Bedford, 972 A.2d at 60-61, 68. The Court held that further discovery was needed on the issue of how the Plan actually functioned. Id. at 67-68.