NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Actions Taken by the Commission

[32 Pa.B. 2285]

   The Independent Regulatory Review Commission met publicly at 10:30 a.m., Friday, April 19, 2002, and took the following actions:

Regulations Deemed Approved under section 5(g) of the Regulatory Review Act--Effective April 16, 2002:

   Environmental Quality Board #7-367: Coal Mine Permits/Road Requirements (amends existing provisions for approval/denial of coal mine permits and access roads)

Regulations Approved:

   Environmental Quality Board #7-362A: Stream Redesignations, Little Bush Kill, et al. (amends 25 Pa. Code Chapter 93)

   Environmental Quality Board #7-365: Heavy-Duty Diesel Emissions Control Program (amends 25 Pa. Code Chapters 121 and 126)

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Approval Order

Public Meeting held
April 19, 2002

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

Environmental Quality Board--Stream Redesignations, Little Bush Kill, et al.; Regulation No. 7-362A

   On April 23, 2001, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (Board). This rulemaking amends 25 Pa. Code Chapter 93. The proposed regulation was published in the May 5, 2001, Pennsylvania Bulletin with a 45-day public comment period. The final-form regulation was submitted to the Commission on March 26, 2002.

   This final-form rulemaking evaluates four streams or stream segments for redesignation. Of the four streams, one, Smithtown Creek (Bucks County), will retain its current designation of ''Trout Stocking.'' The EQB is revising the designations for the other three streams: Little Bush Kill (Pike County); Lizard Creek (Schuylkill County); and Oswayo Creek (Potter County). Also included in this rulemaking is the addition of the ''Migratory Fishes'' designation for Buck Hill Creek, which was inadvertently omitted in a previous rulemaking.

   We have determined this regulation is consistent with the statutory authority of the Environmental Quality Board (35 P. S. § 691.5, et seq.) 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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Public Meeting held
April 19, 2002

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

Environmental Quality Board--Heavy-Duty Diesel Emissions Control Program; Regulation No. 7-365

   On August 21, 2001, 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 126. The proposed regulation was published in the September 1, 2001, Pennsylvania Bulletin with a 69-day public comment period. The final-form regulation was submitted to the Commission on March 26, 2002.

   This final-form regulation adopts and incorporates by reference the heavy-duty diesel emission standards of the California Air Resource Board for vehicles greater than 14,000 lbs. Under the new standards, heavy-duty diesel engine manufacturers will be required to certify their engines using the Not-to-Exceed and Euro III European Stationary Cycle tests. These regulations will affect part of model year 2005 and each model year after that.

   We have determined this regulation is consistent with the statutory authority of the Environmental Quality Board (35 P. S. § 4005) 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. 02-815. Filed for public inspection May 3, 2002, 9:00 a.m.]

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