NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Actions Taken by the Commission

[35 Pa.B. 5068]

   The Independent Regulatory Review Commission met publicly at 10:30 a.m., Thursday, August 25, 2005, and announced the following:

Regulation Deemed Approved under section 5(g) of the Regulatory Review Act--Effective August 24, 2005

   Environmental Quality Board #7-388: Lake Redesignations (amends 25 Pa. Code Chapter 93)

Regulations Approved:

   Department of Education #6-294: Compliance with the No Child Left Behind Act of 2001; Bridge Certification (amends 22 Pa. Code § 403.4)

   State Athletic Commission #16-34: Communicable Disease Testing (amends 58 Pa. Code §§ 1.1 and 21.8)

   Environmental Quality Board #7-385: Bond Adjustment and Bituminous Mine Subsidence Control Standards (amends 25 Pa. Code Chapters 86 and 89)

   Environmental Quality Board #7-391: Concentrated Animal Feeding Operations and Other Agricultural Operations (amends 25 Pa. Code Chapters 91 and 92)

Approval Order

Public Meeting held
August 25, 2005

Commissioners Voting: Alvin C. Bush, Acting Chairperson; Arthur Coccodrilli; John F. Mizner, Esq., by phone; Murray Ufberg, Esq.

Department of Education--Compliance with the No Child Left Behind Act of 2001; Bridge Certification;
Regulation No. 6-294

   On June 30, 2005, the Independent Regulatory Review Commission (Commission) received this regulation from the Department of Education (Department). This rulemaking amends 22 Pa. Code Section 403.4. Notice of proposed rulemaking was omitted for this regulation. Governor Edward G. Rendell certified the regulation as necessary to meet an emergency on June 28, 2005. The regulation became effective upon publication in the Pennsylvania Bulletin on July 2, 2005.

   The regulation extends the deadline for teachers to apply for participation in the Bridge Certification program to July 30, 2006. Bridge Certification is a means for certain teachers to become ''highly qualified'' as required by the Federal No Child Left Behind Act of 2001 (20 U.S.C.A. § 6319).

   We have determined this regulation is consistent with the statutory authority of the Department (24 P. S. § 26-2603-B(d)(10)) 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
August 25, 2005

Commissioners Voting: Alvin C. Bush, Acting Chairperson; Arthur Coccodrilli; John F. Mizner, Esq., by phone; Murray Ufberg, Esq.

State Athletic Commission--Communicable Disease Testing; Regulation No. 16-34

   On November 1, 2004, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Athletic Commission (SAC). This rulemaking amends 58 Pa. Code Sections 1 and 21. The proposed regulation was published in the November 13, 2004, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on July 8, 2005.

   This final-form regulation adds annual testing for communicable diseases to the requirements for the licensing of professional boxers in Pennsylvania.

   We have determined this regulation is consistent with the statutory authority of the SAC (5 Pa.C.S. § 103) 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
August 25, 2005

Commissioners Voting: Alvin C. Bush, Acting Chairperson; Arthur Coccodrilli; John F. Mizner, Esq., by phone; Murray Ufberg, Esq.

Environmental Quality Board--Bond Adjustment and Bituminous Mine Subsidence Control Standards; Regulation No. 7-385

   On September 3, 2003, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (Board). This rulemaking amends 25 Pa. Code Chapters 86 and 89. The proposed regulation was published in the September 13, 2003, Pennsylvania Bulletin with a 60-day public comment period. The final-form regulation was submitted to the Commission on July 1, 2005.

   This final-form regulation satisfies conditions set forth by the Federal Office of Surface Mining and Reclamation and Enforcement. Pennsylvania must meet these conditions to maintain primary enforcement authority over coal mining. This regulation amends requirements relating to: the protection and repair of homes, related structures and noncommercial buildings above underground coal mines; the replacement of water supplies affected by underground mining operations; and permit applications for underground mining operations. It also requires the adjustment of bonds posted to ensure the fulfillment of subsidence damage repair obligations and reclamation obligations when the Department of Environmental Protection identifies a change in liability.

   We have determined this regulation is consistent with the statutory authority of the Board (52 P. S. §§ 30.53b, 691.5, 1396.4b and 1406.1--1406.21) 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
August 25, 2005

Commissioners Voting: Alvin C. Bush, Acting Chairperson; Arthur Coccodrilli; John F. Mizner, Esq., by phone; Murray Ufberg, Esq.

Environmental Quality Board--Concentrated Animal Feeding Operations and Other Agricultural Operations; Regulation No. 7-391

   On July 28, 2004, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (EQB). This rulemaking amends 25 Pa. Code Chapters 91 and 92. The proposed regulation was published in the August 7, 2004, Pennsylvania Bulletin with a 90-day public comment period. The final-form regulation was submitted to the Commission on July 26, 2005.

   This regulation amends existing regulations concerning management of manure generated by agricultural operations. The primary purpose of the amendments is for Pennsylvania to maintain delegation of the National Pollutant Discharge Elimination System Concentrated Animal Feeding Operation program.

   We have determined this regulation is consistent with the statutory authority of the EQB (35 P. S. §§ 691.5 and 691.402) 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. 05-1688. Filed for public inspection September 9, 2005, 9:00 a.m.]

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