NOTICES
INDEPENDENT REGULATORY REVIEW COMMISSION
Notice of Comments Issued
[39 Pa.B. 797]
[Saturday, February 7, 2009]Section 5(g) of the Regulatory Review Act (71 P. S. § 745.5(g)) provides that the Independent Regulatory Review Commission (Commission) may issue comments within 30 days of the close of the public comment period. The Commission comments are based upon the criteria contained in section 5.2 of the Regulatory Review Act (71 P. S. § 645.5b).
The Commission has issued comments on the following proposed regulation. The agency must consider these comments in preparing the final-form regulation. The final-form regulation must be submitted within 2 years of the close of the public comment period or it will be deemed withdrawn.
Reg. No. Agency/Title Close of the Public Comment Period IRRC Comments Issued 125-95 Pennsylvania Gaming Control Board
Suppliers' Principal Place of Business; Temporary
Credentials and Recordkeeping
38 Pa.B. 6496
(November 29, 2008)12/29/08 1/28/09 7-425 Environmental Quality Board
Safe Drinking Water (Groundwater Rule)
38 Pa.B. 6483
(November 29, 2008)12/29/08 1/28/09
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Pennsylvania Gaming Control Board
Regulation #125-95 (IRRC #2733)
Suppliers' Principal Place of Business;
Temporary Credentials and Recordkeeping
January 28, 2009 We submit for your consideration the following comments on the proposed rulemaking published in the November 29, 2008 Pennsylvania Bulletin. Our comments are based on criteria in section 5.2 of the Regulatory Review Act (71 P. S. § 745.5b). Section 5.1(a) of the Regulatory Review Act (71 P. S. § 745.5a(a)) directs the Pennsylvania Gaming Control Board (Board) to respond to all comments received from us or any other source.
Section 431a.4. Responsibilities of a supplier.--Clarity.
Subsection (a) mirrors the statutory requirement that a supplier licensee maintain a principal place of business in Pennsylvania. See 4 Pa.C.S. § 1317(b)(1.1). Subsection (a)(2) requires that supplier licensees keep ''all agreements, contracts and records, or copies thereof, pertaining to the supplier's business conducted in this Commonwealth'' at their principal place of business in Pennsylvania.
In contrast, Section 451a.1(c) allows licensees, including suppliers, to submit requests for Board approval of a waiver to store records outside the state.
Given Section 431a.4(a)(2), it appears that the waiver addressed in Section 451a.1(c) conflicts with the requirements set forth in Chapter 431a for the supplier's principal place of business in Pennsylvania. It is our understanding that the Board intends to let supplier licensees apply for waivers and will add a clause to Subsection (a)(2) explicitly allowing suppliers to request a waiver under Section 451a.1(c). This clause should be included in the final-form regulation.
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Environmental Quality Board
Regulation #7-425 (IRRC #2734)
Safe Drinking Water
(Groundwater Rule)
January 28, 2009 We submit for your consideration the following comments on the proposed rulemaking published in the November 29, 2008 Pennsylvania Bulletin. Our comments are based on criteria in Section 5.2 of the Regulatory Review Act (71 P. S. § 745.5b). Section 5.1(a) of the Regulatory Review Act (71 P. S. § 745.5a(a)) directs the Environmental Quality Board (Board) to respond to all comments received from us or any other source.
1. General.--Fiscal impact; Feasibility; Reasonableness; Clarity.
Compliance costs
We recognize the public benefit and the mandate to meet the Federal Groundwater Rule explained in the Regulatory Analysis Form (RAF) responses to questions 10 and 11. RAF question 13 states that approximately seven million Pennsylvanians served by 9,100 public water supplies will be affected by this regulation. Directly related to the implementation of these benefits are the costs to comply with the requirements. The Board's responses to RAF question 17 state that the Environmental Protection Agency ''estimates corrective actions systems must take in response to any significant deficiencies . . . may be the most costly expenses a system can incur.'' The Preamble briefly explains a Compliance Assistance Plan involving PENNVEST. The Board should further explain how the affected systems can meet the costs of the new requirements, whether the resources of PENNVEST are sufficient to meet the financial needs for all systems affected by the regulation and whether any other financial assistance is available for systems that do not qualify for financial assistance from the PENNVEST Program.
Significant deficiency
Many sections of this proposed regulation contain the phrase ''significant deficiencies'' or some derivative of that phrase. The regulation should specifically state, reference or define what constitutes a ''significant deficiency.''
2. Section 109.705. Sanitary surveys.--Clarity.
In Paragraph (b)(1), a system can qualify for surveys every five years by accomplishing an ''outstanding performance record.'' The regulation should specify what a system must do to accomplish an ''outstanding performance record.''
3. Section 109.908. Compliance schedules.--Clarity.
Under Subsection (e), in what format will the Department document its findings?
4. Section 109.1302. Treatment technique requirements.--Reasonableness; Clarity.
Paragraph (a)(2) provides a specific treatment standard of at least 0.4mg/L, but also allows ''its equivalent as approved by the Department, or other minimum residual specified by the Department.'' As written, the regulation does not provide a clear standard. The regulation allows the Department the discretion to specify some other standard that could be higher or lower, and would be done without public or legislative review under the regulatory review process. It could also allow unequal treatment of the regulated community. The regulation should provide a clear standard, and if flexibility is needed, an open, public process to determine an alternative minimum standard.
5. Section 109.1303. Triggered monitoring requirements for groundwater sources.--Consistency with federal regulations; Economic impact; Reasonableness.
In the Preamble, the Board explains the implementation of the federal Groundwater Rule in Section 109.1303. Commentators believe that Subsection (a) improperly excludes portions of the federal rule, particularly an exemption available in the federal rule. We request further explanation of how the regulation is consistent with the federal rule. A similar concern applies to Section 109.1307(a)(1)(ii).
6. Section 109.1307. System management responsibilities.--Clarity; Reasonableness; Consistency with federal regulations.
Tier 1 notice
A commentator believes that the requirement for Tier 1 notice in Subsection (a) is inconsistent with the Code of Federal Regulations which only requires a Tier 2 notice. The Board should explain how it determined Tier 1 notice is necessary.
Documentation
Numerous provisions in Subsection (b) require documentation to be maintained for various time frames. We have three concerns. First, what specific ''documentation'' is required? For example, under Paragraph (2), would the actual notice be required in the records, or just documentation that a notice to the public occurred? Second, how did the Board determine how long the records must be kept? Finally, can electronic records be used to meet this requirement?
ARTHUR COCCODRILLI,
Chairperson
[Pa.B. Doc. No. 09-228. Filed for public inspection February 6, 2009, 9:00 a.m.]
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