NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Actions Taken by the Commission

[31 Pa.B. 3646]

   The Independent Regulatory Review Commission (Commission) met publicly at 10:30 a.m., Thursday, June 21, 2001, and took the following action:

Regulations Deemed Approved under Section 5(g) of the Regulatory Review Act--Effective June 21, 2001

   Pennsylvania Emergency Management Agency #30-57: Philadelphia Drought Water Emergency Plan (deletes 4 Pa. Code Chapter 119a)

Regulations Approved:

   Pennsylvania Emergency Management Agency #30-55: Reductions of Major Water Use (amends 4 Pa. Code Chapter 118)

   Pennsylvania Emergency Management Agency #30-56: Prohibition of Nonessential Water Uses in a Commonwealth Drought Emergency Area (amends 4 Pa. Code Chapter 119)

   Pennsylvania Emergency Management Agency #30-58: Local Water Rationing Plans (amends 4 Pa. Code Chapter 120)

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Approval Order

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

Public Meeting Held
June 21, 2001

Pennsylvania Emergency Management Agency--Reductions of Major Water Use; Regulation No. 30-55

   On October 24, 2000, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Emergency Management Agency (PEMA). This rulemaking amends 4 Pa. Code Chapter 118. The proposed regulation was published in the November 4, 2000, Pennsylvania Bulletin with a 30-day public comment period. Under section 5(e) of the Regulatory Review Act (71 P. S. § 745.5(e)), the Department resubmitted the proposed regulation on January 30, 2001. The final-form regulation was submitted to the Commission on May 31, 2001.

   This regulation creates a full time Commonwealth Drought Coordinator to act as an agent for PEMA. It also deletes references that limited the effective area of the regulation to the Delaware River Basin making the regulation applicable Statewide.

   We have determined this regulation is consistent with the statutory authority of PEMA (35 Pa.C.S. § 7313) and the intention of the General Assembly. Having considered all of the other criteria of the Regulatory Review Act, we find promulgation of this regulation is in the public interest.

By Order of the Commission:

   This regulation is approved.

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Approval Order

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

Public Meeting Held
June 21, 2001

Pennsylvania Emergency Management Agency--Prohibition of Nonessential Water Uses in a Commonwealth Drought Emergency Area; Regulation No. 30-56

   On October 24, 2000, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Emergency Management Agency (PEMA). This rulemaking amends 4 Pa. Code Chapter 119. The proposed regulation was published in the November 4, 2000, Pennsylvania Bulletin with a 30-day public comment period. Under section 5(e) of the Regulatory Review Act (71 P. S. § 745.5(e)), the Department resubmitted the proposed regulation on January 30, 2001. The final-form regulation was submitted to the Commission on May 31, 2001.

   This regulation expands the effective emergency area to include the complete service area of any public water supply agency whose source of water is located in the declared emergency area. Definitions have been added to clarify the meanings of athletic field, newly seeded and sodded grass, effective conservation, professional landscaper and irrigation contractor.

   We have determined this regulation is consistent with the statutory authority of PEMA (35 Pa.C.S. § 7313) and the intention of the General Assembly. Having considered all of the other criteria of the Regulatory Review Act, we find promulgation of this regulation is in the public interest.

By Order of the Commission:

   This regulation is approved.

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Approval Order

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

Public Meeting Held
June 21, 2001

Pennsylvania Emergency Management Agency--Local Water Rationing Plans; Regulation No. 30-58

   On October 24, 2000, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Emergency Management Agency (PEMA). This rulemaking amends 4 Pa. Code Chapter 120. The proposed regulation was published in the November 4, 2000, Pennsylvania Bulletin with a 30-day public comment period. Under section 5(e) of the Regulatory Review Act (71 P. S. § 745.5(e)), the Department resubmitted the proposed regulation on January 30, 2001. The final-form regulation was submitted to the Commission on May 31, 2001.

   The revisions to this regulation allow municipalities or the water supply agencies to institute water rationing if the bans on nonessential water uses affected through 4 Pa. Code Chapter 119 do not protect local water supplies.

   We have determined this regulation is consistent with the statutory authority of PEMA (35 Pa.C.S. § 7313) and the intention of the General Assembly. Having considered all of the other criteria of the Regulatory Review Act, we find promulgation of this regulation is in the public interest.

By Order of the Commission:

   This regulation is approved.

JOHN R. MCGINLEY, Jr.,   
Chairperson

[Pa.B. Doc. No. 01-1237. Filed for public inspection July 6, 2001, 9:00 a.m.]

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