NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Actions Taken by the Commission

[34 Pa.B. 3336]

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

Actions Taken--Regulations Approved

   State Board of Physical Therapy # 16A-6510: Certificate of Authorization (amends 49 Pa. Code Chapter 40)

   Environmental Quality Board # 7-383:  Safe Drinking Water; Microbial and Disinfection Byproducts (amends 25 Pa. Code Chapter 109)

   Environmental Quality Board # 7-387:  Radiological Health (amends 25 Pa. Code Chapters 215--221, 223--228, 230 and 240)

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Approval Order

Public Meeting held
June 10, 2004

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

State Board of Physical Therapy--Certificate of Authorization; Regulation No. 16A-6510

   On November 12, 2003, the Independent Regulatory Review Commission received this proposed regulation from the State Board of Physical Therapy (Board). This rulemaking amends 49 Pa. Code Chapter 40. The proposed regulation was published in the November 22, 2003, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on May 7, 2004.

   This regulation implements Act 6 of 2002 by allowing qualified physical therapists to practice without a physician's referral in certain situations. It also establishes related fees and continuing education requirements.

   We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. § 1303(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.

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Approval Order

Public Meeting held
June 10, 2004

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

Environmental Quality Board--Safe Drinking Water; Microbial and Disinfection Byproducts; Regulation No. 7-383

   On July 22, 2003, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (Board). This rulemaking amends 25 Pa. Code Chapter 109. The proposed regulation was published in the August 2, 2003, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on May 7, 2004.

   This regulation:  corrects several provisions in Chapter 109 relating to disinfectants, disinfection byproducts and surface water treatments; makes these provisions no more stringent than federal requirements; clarifies several provisions for better understanding and readability; and corrects typographical errors.

   We have determined this regulation is consistent with the statutory authority of the Board (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.

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Approval Order

Public Meeting held
June 10, 2004

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

Environmental Quality Board--Radiological Health; Regulation No. 7-387

   On August 20, 2003, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (Board). This rulemaking amends 25 Pa. Code Chapters 215--221, 223--228, 230 and 240. The proposed regulation was published in the August 30, 2003, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on May 7, 2004.

   This regulation is an extensive update and revision of existing regulations. A major portion of the regulation updates references to the appropriate federal regulations of the United States Nuclear Regulatory Commission (NRC). This regulation will maintain regulatory compatibility with other states and allow the Commonwealth to continue to assume authority from the NRC to regulate licensees.

   We have determined this regulation is consistent with the statutory authority of the Board (35 P. S. §§ 7110.301 and 7110.302) 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. 04-1159. Filed for public inspection June 25, 2004, 9:00 a.m.]

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