NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Actions Taken by the Commission

[27 Pa.B. 5840]

   The Independent Regulatory Review Commission met publicly at 11 a.m., Thursday, October 23, 1997, and took the following actions:

Regulations Approved:

   Executive Board #42-1: Personnel Rules (rescinds Board's Personnel Rules under 4 Pa. Code Chapters 23 and 30)

   Pennsylvania Horse Racing Commission #34-62: Jockeys and Apprentices (amends 58 Pa. Code §§ 163.171, 163.182, 163.187, 163.188, 163.190 and 163.191)

   Department of Health #10-147: Repeal of Hotline and Drop-In Shelter Regulations (amends 28 Pa. Code Chapters 701, 709, 711 and 713)

   Department of Health #10-144: Drugs Which May Be Used by Qualified Optometrists; Schedules of Controlled Substances (amends 28 Pa. Code §§ 6.1 and 25.72)

   Environmental Quality Board #7-302: Bonding, Civil Penalties and Areas Unsuitable for Mining (amends 25 Pa. Code Chapter 86)

   Environmental Quality Board #7-304: Amendments to Municipal and Residual Waste Recordkeeping and Reporting Requirements; Substantial Plan Revisions (amends 25 Pa. Code Chapters 271--273, 277--285, 287--299)

Commissioners Present: John R. McGinley, Jr., Chairperson; Robert J. Harbison, III, Vice Chairperson; Alvin C. Bush; Arthur Coccodrilli; John F. Mizner

Public Meeting held
October 23, 1997

Executive Board Personnel Rules; Doc. No. 42-1

Order

   On September 25, 1997, the Independent Regulatory Review Commission (Commission) received this proposed deletion of a regulation from the Executive Board (Board). This rulemaking rescinds the Board's Personnel Rules under 4 Pa. Code Chapters 23 (General Provisions) and Chapter 30, Subchapter B (Leave with Pay). The authority for this rulemaking is contained in section 249(e) of The Administrative Code of 1929, as amended (71 P. S. § 249(e)). Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.

   The proposed deletions will eliminate the last two remaining chapters in the Board's Personnel Rules regulation in 4 Pa. Code. At present, the Board can change all of its other Personnel Rules, including those for leave without pay and compensation structures, and immediately publish them through the Directives Management System without being subject to the regulatory review process. These changes will apply to all Pennsylvania government employes who are subject to the authority of the Executive Board regarding paid leave. There is an exception where the Board has approved a labor agreement and a provision thereof is inconsistent with the Board's Personnel Rules. In such cases, the labor agreement provision takes precedence insofar as it applies to employes covered by the agreement.

   We have reviewed this rulemaking and find it to be in the public interest. The deletions will eliminate unnecessary regulatory provisions and enable the Board to more expeditiously implement future changes to its general rules and those relating to leave with pay.

Therefore, It Is Ordered That:

   1.  Regulation No. 42-1 from the Executive Board, as submitted to the Commission on September 25, 1997, is approved; and

   2.  The Commission will transmit a copy of this Order to the Legislative Reference Bureau.

Commissioners Present: John R. McGinley, Jr., Chairperson; Robert J. Harbison, III, Vice Chairperson; Alvin C. Bush; Arthur Coccodrilli; John F. Mizner

Public Meeting held
October 23, 1997

State Horse Racing Commission; Jockeys and Apprentices; Doc. No. 34-62

Order

   On September 25, 1997, the Independent Regulatory Review Commission (Commission) received this regulation from the State Horse Racing Commission (SHRC). This rulemaking would amend 58 Pa. Code §§ 163.171, 163.182, 163.187, 163.188, 163.190 and 163.191. The authority for this regulation is section 202(a) of the Race Horse Industry Reform Act (4 P. S. § 325.202(a)). Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.

   This regulation will clarify the SHRC's rules for jockeys and apprentices, and bring them into greater conformity with the rules in neighboring racing jurisdictions, such as Maryland, New York and Delaware. For example, the amendments in this regulation will reduce the mandatory age for a jockey from 17 to 16 years of age. In neighboring states, the lower age requirement is the standard. The regulation will not impose any additional costs on State or local government, or private entities.

   We have reviewed this regulation and find it to be in the public interest. This proposal will bring the Commonwealth's regulations into greater conformity with other states. Young apprentices and jockeys will now compete under rules similar to those in neighboring states.

Therefore, It Is Ordered That:

   1.  Regulation No. 34-62 from the State Horse Racing Commission, as submitted to the Commission on September 25, 1997, is approved; and

   2.  The Commission will transmit a copy of this Order to the Legislative Reference Bureau.

Commissioners Present: John R. McGinley, Jr., Chairperson Robert J. Harbison, III, Vice Chairperson; Alvin C. Bush; Arthur Coccodrilli; John F. Mizner

Public Meeting held
October 23, 1997

Department of Health; Repeal of Hotline and Drop-In Shelter Regulations; Doc. No. 10-147

Order

   On March 18, 1997, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Health (Health). This rulemaking amends 28 Pa. Code Chapters 701, 709, 711 and 713. The authority for this regulation is Reorganization Plan No. 2 of 1977 (71 P. S. § 751-25), Reorganization Plan No. 4 of 1981 (71 P. S. § 751-31), and the Pennsylvania Drug and Alcohol Abuse Control Act (71 P. S. § 1690 et seq.). The proposed regulation was published in the April 12, 1997 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on September 29, 1997.

   The proposal rescinds standards for the operation of shelters, drop-in centers and hotline activities as well as the general matrix and definitions relating to the activities to be rescinded. The Department is rescinding provisions for shelters, drop in centers and hotline activities because the facilities do not actually provide substance abuse prevention, intervention or treatment services.

   We have reviewed this regulation and find it to be in the public interest. Eliminating licensing requirements for hotlines, shelters and drop-in centers will allow the Department to focus its resources on the facilities which do provide treatment and eliminate paperwork requirements for these facilities.

Therefore, It Is Orderred That:

   1.  Regulation No. 10-147 from the Department of Health, as submitted to the Commission on September 29, 1997, is approved; and

   2.  The Commission will transmit a copy of this Order to the Legislative Reference Bureau.

Commissioners Present: John R. McGinley, Jr., Chairperson; Robert J. Harbison, III, Vice Chairperson; Alvin C. Bush; Arthur Coccodrilli; John F. Mizner

Public Meeting held
October 23, 1997

Department of Health; Drugs Which May Be Used by Certain Optometrists; Schedule of Controlled Substances; Doc. No. 10-144

Order

   On April 9, 1997, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Health (Department). This rulemaking would amend 28 Pa. Code §§ 6.1 and 25.72. The authority for this regulation is contained in sections 3 and 4 of the Controlled Substance, Drug, Device and Cosmetic Act (35 P. S. §§ 780-103 and 780-104); section 3(b)(14) of the Optometric Practice and Licensure Act, as amended (63 P. S. § 244.3(b)(14)); and section 2102(g) of The Administrative Code of 1929, as amended (71 P. S. § 532(g)). The proposed version of this regulation was published in the April 19, 1997 edition of the Pennsylvania Bulletin, with a 30-day public comment period. The final-form regulation was submitted to the Commission on September 29, 1997.

   The Department of Health (Department) proposes to amend its existing regulations to: add ''Rev-Eyes'' (Dipiprazole HCL) to the list of drugs at 28 Pa. Code § 6.1 which qualified optometrists may use in their practice; and further amend the schedules of controlled substances at 28 Pa. Code § 25.72.

   We have reviewed this regulation and find it to be in the public interest. The amendments will update the Department's drug and controlled substances list. Optometrists and optometrists' patients will benefit from the use of ''Rev-Eyes.'' Rescheduling Levo-Acetyl Methodol (LAAM) will beneficially impact existing narcotic treatment programs in the Commonwealth by allowing the programs to use LAAM as an alternative treatment to methadone. The Office of Attorney General will benefit from the additions to the list of prohibited controlled substances by being able to institute more criminal prosecutions under State law.

Therefore, It Is Ordered that:

   1.  Regulation No. 10-144 from the Department of Health, as submitted to the Commission on September 29, 1997, is approved; and

   2.  The Commission will transmit a copy of this Order to the Legislative Reference Bureau.

Commissioners Present: John R. McGinley, Jr., Chairperson; Robert J. Harbison, III, Vice Chairperson; Alvin C. Bush; Arthur Coccodrilli; John F. Mizner

Public Meeting held
October 23, 1997

Environmental Quality Board; Bonding, Civil Penalties, and Areas Unsuitable for Mining; Doc. No. 7-302

Order

   On January 29, 1997, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (EQB). This rulemaking amends 25 Pa. Code Chapter 86. The authority for this regulation is Title 30 Chapter VII of the Code of Federal Regulations, and the general rulemaking authorities of the Surface Mining Conservation and Reclamation Act (52 P. S. §§ 1396.4d and 1396.4b(a)); The Clean Streams Law (35 P. S. §§ 691.5(b) and 691.315(b)); the Coal Refuse Disposal Control Act (52 P. S. §§ 30.53b(a) and 30.56(a); The Bituminous Mine Subsidence and Land Conservation Act (52 P. S. § 1406.7(b)); and The Administrative Code of 1929 (71 P. S. § 510-20). The proposed regulation was published in the February 8, 1997 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on September 24, 1997.

   The proposed regulation is a result of the Department of Environmental Protection's (DEP) Regulatory Basics Initiative. DEP developed this rulemaking by soliciting public input through a notice in the Pennsylvania Bulletin and DEP's website. As a result, this proposed rulemaking is a collection of independent amendments within the scope of 25 Pa. Code Chapter 86. Most of the proposed amendments are either word for word from the Federal regulations or similar to Federal regulations.

   We have reviewed this regulation and find it to be in the public interest. The proposed amendments provide for prior notice of DEP actions on bond adjustments and forfeiture, and an opportunity to provide additional information concerning circumstances related to civil penalty assessments. Penalties will also be more consistent with Federal penalties. From the Commonwealth's perspective, the loss of $88,000 per year in penalty payments can easily be saved in litigation costs.

Therefore, It Is Ordered that:

   1.  Regulation No. 7-302 from the Environmental Quality Board, as submitted to the Commission on September 24, 1997, is approved; and

   2.  The Commission will transmit a copy of this Order to the Legislative Reference Bureau.

Commissioners Present: John R. McGinley, Jr., Chairperson; Robert J. Harbison, III, Vice Chairperson; Alvin C. Bush; Arthur Coccodrilli; John F. Mizner

Public Meeting held
October 23, 1997

Environmental Quality Board; Amendments to Municipal and Residual Waste Recordkeeping and Reporting Requirements; Substantial Plan Revisions; Doc. No. 7-304

Order

   On February 4, 1997, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (EQB). This rulemaking would amend 25 Pa. Code Chapters 271--273, 277--285, 287--299. The authority for this regulation is contained in section 105 of the Solid Waste Management Act (35 P. S. § 6018.105), section 302 of the Municipal Waste Planning, Recycling and Waste Reduction Act (53 P. S. § 4000.302) and in section 4(b) of the Infectious and Chemotherapeutic Wastes Law (35 P. S. § 6019.4(b)). The proposed regulation was published in the February 15, 1997 edition of the Pennsylvania Bulletin, with a 60-day public comment period. The final-form regulation was submitted to the Commission on September 24, 1997.

   The EQB proposes to amend its municipal and residual waste regulations as part of the Regulatory Basics Initiative of the Department of Environmental Protection. The rulemaking involves comprehensive revisions to reporting and planning requirements for municipal, residual, infectious and chemotherapeutic wastes. The regulated community will benefit from this revised regulation because it is anticipated that approximately 2,500 facilities will have to complete 185,508 fewer pages of reports per year.

   We have reviewed this regulation and find it to be in the public interest. The amendments will reduce the costs associated with recordkeeping and reporting requirements for municipal, residual, infectious and chemotherapeutic waste and further update the regulation.

Therefore, It Is Ordered That:

   1.  Regulation No. 7-304 from the Environmental Quality Board, as submitted to the Commission on September 24, 1997, is approved; and

   2.  The Commission will transmit a copy of this Order to the Legislative Reference Bureau.

JOHN R. MCGINLEY, Jr.,   
Chairperson

[Pa.B. Doc. No. 97-1802. Filed for public inspection November 7, 1997, 9:00 a.m.]

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