NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Actions Taken by the Commission

[29 Pa.B. 5963]

   The Independent Regulatory Review Commission met publicly at 10:30 a.m., Thursday, November 4, 1999, and took the following actions:

Regulations Approved:

   Department of Public Welfare #14-464:  Subsidized Child Day Care Eligibility (amends 55 Pa. Code Chapter 3040).

   Department of Public Welfare #14-462:  Special MA Eligibility Provisions (amends 55 Pa. Code Chapter 140).

   Environmental Quality Board #7-334:  Mobile Equipment Repair and Refinishing (amends 25 Pa. Code Chapters 121 and 129).

   Environmental Quality Board #7-332: Erosion and Sediment Control (amends 25 Pa. Code Chapter 102).

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Commissioners Voting:   John R. McGinley, Jr., Chairperson, by proxy; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; John F. Mizner

Public Meeting held
November 4, 1999

Department of Public Welfare--Subsidized Child Day Care Eligibility; Regulation No. 14-464

Order

   On October 13, 1999, the Independent Regulatory Review Commission (Commission) received this regulation from the Department of Public Welfare (Department). This rulemaking amends 55 Pa. Code Chapter 3040. The authority for this regulation is 62 P. S §§ 201--211, 401--493 and 701--703 and 42 U.S.C.A. §§ 9858--9858q. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.

   This proposal amends Chapter 3040 (Subsidized Child Care) of the Department's regulations. It revises income limits and co-payments for eligible low-income families and Temporary Assistance for Needy Families (TANF) recipients. An existing eligibility termination date of February 1, 2000, for currently eligible families with incomes between 185 and 235 percent of Federal Poverty Income Guidelines (FPIG) is eliminated.

   We have reviewed this regulation and find it to be in the public interest. It contains a new and simpler incremental co-payment system. That corrects an existing problem with disproportionate co-payment increases for families. Continued subsidy for families with income at 185 to 235% of FPIG keeps them in the program, thereby avoiding disruption of their child care services. However, we also request that the Department continue to closely monitor the impact of co-payments on the ability of eligible families to remain in or receive services under this program.

Therefore, It Is Ordered That:

   1.  Regulation No. 14-464 from the Department of Public Welfare, as submitted to the Commission on October 13, 1999, is approved; and

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

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Commissioners Voting:  John R. McGinley, Jr., Chairperson, by proxy; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; John F. Mizner

Public Meeting held
November 4, 1999

Department of Public Welfare--Special MA Eligibility Provisions; Regulation No. 14-462

Order

   On August 31, 1999, the Independent Regulatory Review Commission (Commission) received this regulation from the Department of Public Welfare (Department). It amends various provisions of 55 Pa. Code Chapter 140. The authority for this regulation is section 4732 of the Federal Balanced Budget Act of 1997 (Pub.L. No. 105-33), which amended section 1902(a)(10)(E) of the Social Security Act (42 U.S.C.A. § 1396a(a)(10)(E)). Notice of proposed rulemaking was omitted for this regulation under section 812(b) and (e) of The Administrative Code of 1929 (71 P. S. § 279.3a). It will become effective upon publication in the Pennsylvania Bulletin.

   On September 20, 1999, the Commission received a request from the Department to toll the consideration of this final-omitted regulation to make technical corrections. On October 19, 1999, the Department submitted its revisions to the final-omitted regulation to the Commission.

   This regulation expands coverage under the Medical Assistance Program to include full or partial payment of Medicare Part B premiums for the elderly or disabled with incomes of at least 120 percent, but less than 175 percent, of the current Federal Poverty Income Guidelines.

   We have reviewed this regulation and find it to be in the public interest. The Department must comply with Federal requirements to avoid jeopardizing its Federal financial participation and the Commonwealth from facing possible legal sanctions from the Health Care Financ-ing Administration. The Federal government will reimburse all of Pennsylvania's program costs, which the Department estimates will be $1,699,255 for FY 1999-2000.

Therefore, It Is Ordered That:

   1.  Regulation No. 14-462 from the Department of Public Welfare, as revised on October 19, 1999, is approved; and

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

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Commissioners Voting:  John R. McGinley, Jr., Chairperson, by proxy; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; John F. Mizner

Public Meeting held
November 4, 1999

Environmental Quality Board--Erosion and Sediment Control; Regulation No. 7-332

Order

   On January 20, 1998, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (EQB). This rulemaking amends 25 Pa. Code Chapter 102. The authority for this regulation is found in sections 5 and 402 of The Clean Streams Law (35 P. S. §§ 691.5 and 691.402) and section 11 of the Conservation District Law (3 P. S. § 859(2)). The proposed regulation was published in the February 7, 1998 Pennsylvania Bulletin with a 60-day public comment period. The final-form regulation was submitted to the Commission on October 5, 1999.

   The amendments to Chapter 102 are part of the Department of Environmental Protection's Regulatory Basics Initiative. The amendments are intended to eliminate obsolete terms; simplify technical requirements for best management practices; update and clarify permit requirements; and integrate Pennsylvania's regulations with the current Federal National Pollutant Discharge Elimination System (NPDES) permit requirements for stormwater discharges associated with construction activities.

   We have reviewed this regulation and find it to be in the public interest. The regulation clarifies the erosion and sediment control planning and permitting requirements and is consistent with the Federal NPDES requirements.

Therefore, It Is Ordered That:

   1.  Regulation No. 7-332 from the Environmental Quality Board, as submitted to the Commission on October 5, 1999, is approved; and

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

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Commissioners Voting:  John R. McGinley, Jr., Chairperson, by proxy; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; John F. Mizner

Public Meeting held
November 4, 1999

Environmental Quality Board--Mobile Equipment Repair and Refinishing; Regulation No. 7-334

Order

   On September 8, 1998, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (Board). This rulemaking amends 25 Pa. Code Chapters 121 and 129. The authority for this regulation is section 5(a)(1) of the Air Pollution Control Act (35 P. S. § 4005(a)(1)). The proposed regulation was published in the September 26, 1998 Pennsylvania Bulletin with a 67-day public comment period. The final-form regulation was submitted to the Commission on October 5, 1999.

   The proposal establishes volatile organic compound limitations for mobile equipment repair and refinishing and finish materials used in the aftermarket finishing and refinishing of mobile equipment. Additionally, it establishes coating application technology requirements and work practice standards for the mobile equipment refinishing industry.

   We have reviewed this regulation and find it to be in the public interest. This regulation is one component of the attainment strategy for reducing ground-level ozone. Approximately 4,400 body shops that repair and refinish automobiles and other mobile equipment must meet the requirements. Although the equipment required may be more costly, the Board projects more efficient use of coating materials, offsetting the increased cost.

Therefore, It Is Ordered That:

   1.  Regulation No. 7-334 from the Environmental Quality Board, as submitted to the Commission on October 5, 1999, 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. 99-1971. Filed for public inspection November 19, 1999, 9:00 a.m.]

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