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PA Bulletin, Doc. No. 04-449

NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Actions Taken by the Commission

[34 Pa.B. 1525]

   The Independent Regulatory Review Commission met publicly at 10:30 a.m., Thursday, February 26, 2004, and announced the following:

Regulations Approved

   Environmental Quality Board #7-381: Safe Drinking Water; Radionuclides Rule (amends 25 Pa. Code §§ 109.301, 109.303 and 109.503)

   Environmental Quality Board #7-382: Safe Drinking Water; Filter Backwash Recycling Rule (FBRR) (amends 25 Pa. Code Chapter 109)

   Environmental Quality Board #7-357: Noncoal Underground Mines and Other Excavations (amends 25 Pa. Code Chapter 207)

____

Approval Order

Public Meeting held
February 26, 2004

Commissioners Voting: John R. McGinley, Jr., Esq., Chairperson; Alvin C. Bush, Vice Chairperson; Daniel F. Clark, Esq.; Arthur Coccodrilli; Murray Ufberg, Esq., by proxy

Environmental Quality Board--Safe Drinking Water; Radionuclides Rule; Regulation No. 7-381

   On February 21, 2003, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (EQB). This rulemaking amends 25 Pa. Code §§ 109.301, 109.303 and 109.503. The proposed regulation was published in the March 8, 2003, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on January 13, 2004.

   This regulation incorporates provisions contained in a December 7, 2000, Federal rulemaking. The amendments are needed for the Department of Environmental Protection to retain primary enforcement authority of drinking water. The regulation is intended to minimize the risk of the public consuming drinking water that contains unsafe levels of radionuclides. This regulation revises monitoring requirements for both radium-226 and radium-228 and adds monitoring requirements for uranium and beta-particle and photon radioactivity. It also establishes additional monitoring requirements for community water systems designated as vulnerable or contaminated by effluent from nuclear facilities.

   We have determined this regulation is consistent with the statutory authority of the EQB (35 P. S. § 721.4(a) and 71 P. S. § 510-20(b)) 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.

____

Approval Order

Public Meeting held
February 26, 2004

Commissioners Voting: John R. McGinley, Jr., Esq., Chairperson; Alvin C. Bush, Vice Chairperson; Daniel F. Clark, Esq.; Arthur Coccodrilli; Murray Ufberg, Esq., by proxy

Environmental Quality Board--Safe Drinking Water; Filter Backwash Recycling Rule (FBRR); Regulation No. 7-382

   On February 21, 2003, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (EQB). This rulemaking amends 25 Pa. Code Chapter 109. The proposed regulation was published in the March 8, 2003, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on January 13, 2004.

   This regulation requires public water systems to review their recycling practices and institute changes, as needed, for the recycling of water contaminated by the treatment process.

   We have determined this regulation is consistent with the statutory authority of the EQB (35 P. S. § 721.4(a)) 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.

____

Approval Order

Public Meeting held
February 26, 2004

Commissioners Voting: John R. McGinley, Jr., Esq., Chairperson; Alvin C. Bush, Vice Chairperson; Daniel F. Clark, Esq.; Arthur Coccodrilli; Murray Ufberg, Esq., by proxy

Environmental Quality Board--Noncoal Underground Mines and Other Excavations; Regulation No. 7-357

   On November 27, 2001, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (EQB). This rulemaking amends 25 Pa. Code Chapter 207. The proposed regulation was published in the December 8, 2001, Pennsylvania Bulletin with a 60-day public comment period. The final-form regulation was submitted to the Commission on January 13, 2004.

   This regulation addresses safety at underground noncoal mines and mined-out underground noncoal mines that house other businesses.

   We have determined this regulation is consistent with the statutory authority of the EQB (71 P. S. § 751-22 and 35 P. S. § 6018.105) 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. 04-449. Filed for public inspection March 12, 2004, 9:00 a.m.]


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