NOTICES
INDEPENDENT REGULATORY REVIEW COMMISSION
Action Taken by the Commission
[40 Pa.B. 4814]
[Saturday, August 21, 2010]The Independent Regulatory Review Commission met publicly at 10 a.m., Thursday, August 5, 2010, and announced the following:
Action Taken—Regulations Approved:
Pennsylvania Gaming Control Board #125-127: Definition and Licensing Requirements (amends 58 Pa. Code §§ 401a.3, 435a.1 and 435a.4)
Department of Labor and Industry #12-85: Workers' Compensation; Individual Self-Insurance (amends 34 Pa. Code Chapter 125)
Environmental Quality Board #7-449: Large Appliance and Metal Furniture Surface Coating Processes (amends 25 Pa. Code Chapter 129)
Environmental Quality Board #7-433: Administration of the Water and Wastewater Systems Operators' Certification Program (deletes 25 Pa. Code Chapters 301, 303 and 305, and adds a new Chapter 302)
Environmental Quality Board #7-445: Hazardous Waste Management System; Proposed Exclusion for Identification and Listing of Hazardous Waste (amends 25 Pa. Code Chapter 261a.)
Action Taken—Regulations Disapproved: Order Not Yet Issued
*Bureau of Professional and Occupational Affairs #16A-47: Schedule of Civil Penalties—Funeral Directors and Funeral Establishments
*State Board of Funeral Directors #16A-4818: Continuing Education Enforcement
*Will advise when order is issued.
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Approval Order Public Meeting held
August 5, 2010Commissioners Voting: Arthur Coccodrilli, Chairperson; George D. Bedwick, Vice Chairperson; S. David Fineman, Esq.; Silvan B. Lutkewitte, III; John F. Mizner, Esq., by Phone
Pennsylvania Gaming Control Board—
Definitions and Licensing Requirements;
Regulation No. 125-127 (#2855)On June 22, 2010, the Independent Regulatory Review Commission (Commission) received this regulation from the Pennsylvania Gaming Control Board (Board). This rulemaking amends 58 Pa. Code §§ 401a.3, 435a.1 and 435a.4. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.
This final-omitted rulemaking revises three sections of the Board's regulations to bring them into conformity with 2010 changes to Pennsylvania's Race Horse Development and Gaming Act.
We have determined this regulation is consistent with the statutory authority of the Board (4 Pa.C.S. §§ 1202(b)(30), 1213, 1326 and 1603) 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
August 5, 2010Commissioners Voting: Arthur Coccodrilli, Chairperson; George D. Bedwick, Vice Chairperson; S. David Fineman, Esq.; Silvan B. Lutkewitte, III; John F. Mizner, Esq., by Phone
Department of Labor and Industry—
Workers' Compensation; Individual Self-Insurance;
Regulation No. 12-85 (#2758)On April 20, 2009, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Labor and Industry (Department). This rulemaking amends 34 Pa. Code Chapter 125. The proposed regulation was published in the May 2, 2009 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on June 23, 2010.
This final-form regulation is intended to improve clarity, provide more objective standards for qualifying for and maintaining self-insurance status, and improve the Department's ability to monitor and regulate self-insurers in the state.
We have determined this regulation is consistent with the statutory authority of the Department (77 P. S. §§ 501 and 991(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
August 5, 2010Commissioners Voting: Arthur Coccodrilli, Chairperson; George D. Bedwick, Vice Chairperson; S. David Fineman, Esq.; Silvan B. Lutkewitte, III; John F. Mizner, Esq., by Phone
Environmental Quality Board—
Large Appliance and Metal Furniture
Surface Coating Processes;
Regulation No. 7-449 (#2813)On January 5, 2010, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (Board). This rulemaking amends 25 Pa. Code Chapter 129. The proposed regulation was published in the January 16, 2010 Pennsylvania Bulletin with a 65-day public comment period. The final-form regulation was submitted to the Commission on June 30, 2010.
This final-form regulation limits volatile organic compounds emissions from large appliance and metal furniture manufacturing operations.
We have determined this regulation is consistent with the statutory authority of the Board (35 P. S. §§ 4005(a)(1) and 4005(a)(8)) 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
August 5, 2010Commissioners Voting: Arthur Coccodrilli, Chairperson; George D. Bedwick, Vice Chairperson; S. David Fineman, Esq.; Silvan B. Lutkewitte, III; John F. Mizner, Esq., by Phone
Environmental Quality Board—
Administration of the Water and Wastewater
Systems Operators' Certification Program;
Regulation No. 7-433 (#2774)On June 30, 2009, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (Board). This rulemaking deletes 25 Pa. Code Chapters 301, 303 and 305, and adds a new Chapter 302. The proposed regulation was published in the July 11, 2009 Pennsylvania Bulletin with a 60-day public comment period. The final-form regulation was submitted to the Commission on June 30, 2010.
The regulation establishes both administrative requirements and defined duties for certified water and wastewater systems operators, in accordance with state and federal legislation.
We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. § 1004(c)) 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
August 5, 2010Commissioners Voting: Arthur Coccodrilli, Chairperson; George D. Bedwick, Vice Chairperson; S. David Fineman, Esq.; Silvan B. Lutkewitte, III
Environmental Quality Board—
Hazardous Waste Management System;
Proposed Exclusion for Identification
and Listing of Hazardous Waste;
Regulation No. 7-445 (#2805)On October 28, 2009, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (Board). This rulemaking amends 25 Pa. Code Chapter 261a. The proposed regulation was published in the November 7, 2009 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on June 30, 2010.
This final rulemaking amends a delisting previously granted to a hazardous waste facility.
We have determined this regulation is consistent with the statutory authority of the Board (35 P. S. §§ 6018.105, 6018.402, and 6018.501) 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.
ARTHUR COCCODRILLI,
Chairperson
[Pa.B. Doc. No. 10-1539. Filed for public inspection August 20, 2010, 9:00 a.m.]
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