NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Action Taken by the Commission

[41 Pa.B. 4265]
[Saturday, August 6, 2011]

 The Independent Regulatory Review Commission met publicly at 10 a.m., Thursday, July 21, 2011, and announced the following:

 Regulations Deemed Approved Under Section 5(g) of the Regulatory Review Act—Effective July 20, 2011

 Environmental Quality Board #7-456: Unsuitable for Surface Mining; (Muddy Run) (amends 25 Pa. Code Chapter 86)

 Environmental Quality Board #7-461: Stream Redesignations (Fishing Creek, et al.) (amends 25 Pa. Code Chapter 93)

Action Taken—Regulations Approved:

 Department of Public Welfare #14-520: Transition to RUG-III Version 5.12 and Latest Assessment (amends 55 Pa. Code Chapters 1187 and 1189)

 State Board of Social Workers, Marriage/Family Therapists and Professional Counselors #16A-6916: Licensure by Endorsement; Hours of Supervised Clinical Experience (amends 49 Pa. Code §§ 47.12c, 47.12d, 47.16, 48.17 and 49.18)

 Environmental Quality Board #7-438: Clarks Creek, et al; Stream Redesignations (amends 25 Pa. Code Chapter 93)

 Pennsylvania Public Utility Commission #57-265: Standards and Billing Practices for Residential Utility Services (amends 52 Pa. Code Chapter 56)

 Environmental Quality Board #7-450: New Source Review (amends 25 Pa. Code Chapters 121 and 127)

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Approval Order

Public Meeting held
July 21, 2011

Commissioners Voting: Silvan B. Lutkewitte, III, Chairperson; George D. Bedwick, Vice Chairperson; Arthur Coccodrilli; John F. Mizner, Esq.; Lawrence J. Tabas, Esq.

Department of Public Welfare—
Transition to RUG-III Version 5.12 and Latest Assessment;
Regulation No. 14-520 (#2881)

 On October 28, 2010, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Public Welfare (Department). This rulemaking amends 55 Pa. Code Chapters 1187 and 1189. The proposed regulation was published in the November 13, 2010 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on June 16, 2011.

 This regulation amends the Department's payment methodology to phase-in the use of the most updated version of the resident classification system, and applies the most recent resident assessments in determining the case-mix indices.

 We have determined this regulation is consistent with the statutory authority of the Department (62 P. S. §§ 201(2), 206(2), 403(b) and 443.1) 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
July 21, 2011

Commissioners Voting: Silvan B. Lutkewitte, III, Chairperson; George D. Bedwick, Vice Chairperson; Arthur Coccodrilli; John F. Mizner, Esq.; Lawrence J. Tabas, Esq.

State Board of Social Workers, Marriage/Family Therapists and Professional Counselors—
Licensure by Endorsement; Hours of
Supervised Clinical Experience;
Regulation No. 16A-6916 (#2831)

 On April 8, 2010, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Social Workers, Marriage/Family Therapists and Professional Counselors (Board). This rulemaking amends 49 Pa. Code §§ 47.12c, 47.12d, 47.16, 48.17 and 49.18. The proposed regulation was published in the April 24, 2010 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on June 15, 2011.

 This regulation implements Act 68 of 2008 (Act 68). Act 68 reduced the total number of hours of supervised clinical experience needed for licensure from 3,600 to 3,000 hours. The regulation also adds requirements for licensure by endorsement.

 We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. § 1906(2)) 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
July 21, 2011

Commissioners Voting: Silvan B. Lutkewitte, III, Chairperson; George D. Bedwick, Vice Chairperson; Arthur Coccodrilli; John F. Mizner, Esq.; Lawrence J. Tabas, Esq.

Environmental Quality Board—
Clarks Creek, et al; Stream Redesignations;
Regulation No. 7-438 (#2834)

 On April 14, 2010, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (Board). This rulemaking amends 25 Pa. Code Chapter 93. The proposed regulation was published in the April 24, 2010 Pennsylvania Bulletin with a 45-day public comment period. The final-form regulation was submitted to the Commission on June 16, 2011.

 This regulation amends the designation of six streams for which the EQB made a determination of the appropriate level of protection.

 We have determined this regulation is consistent with the statutory authority of the Board (35 P. S. § 691.5) 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
July 21, 2011

Commissioners Voting: Silvan B. Lutkewitte, III, Chairperson; George D. Bedwick, Vice Chairperson; Arthur Coccodrilli; John F. Mizner, Esq.; Lawrence J. Tabas, Esq.

Pennsylvania Public Utility Commission—
Standards and Billing Practices for
Residential Utility Services;
Regulation No. 57-265 (#2743)

 On February 4, 2009, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Public Utility Commission (PUC). This rulemaking amends 52 Pa. Code Chapter 56. The proposed regulation was published in the February 14, 2009 Pennsylvania Bulletin with a 65-day public comment period. At its May 19, 2011 public meeting, the Commission voted to disapprove the final-form regulation. On June 14, 2011, the PUC submitted its report containing the revised final-form regulation to the Commission.

 The regulation implements that portion of the law commonly known as Chapter 14 or the Responsible Utility Customer Protection Act. It includes provisions necessary to administer and enforce Chapter 14, as well as language added as a result of the PUC's review of Chapter 56 in its entirety.

 We have determined this regulation is consistent with the statutory authority of the PUC (66 Pa.C.S. §§ 102, 501, 504—506, 1301, 1401—1418 and 1501) 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
July 21, 2011

Commissioners Voting: Silvan B. Lutkewitte, III, Chairperson; George D. Bedwick, Vice Chairperson; Arthur Coccodrilli; John F. Mizner, Esq.; Lawrence J. Tabas, Esq.

Environmental Quality Board—
New Source Review;
Regulation No. 7-450 (#2818)

 On January 27, 2010, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (Board). This rulemaking amends 25 Pa. Code Chapters 121 and 127. The proposed regulation was published in the February 6, 2010 Pennsylvania Bulletin with a 65-day public comment period. The final-form regulation was submitted to the Commission on June 16, 2011.

 This final-form regulation revises and updates the Board's existing ''New Source Review'' program to incorporate Federal requirements.

 We have determined this regulation is consistent with the statutory authority of the Board (35 P. S. § 4005(a)(1)) 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.

SILVAN B. LUTKEWITTE, III, 
Chairperson

[Pa.B. Doc. No. 11-1334. Filed for public inspection August 5, 2011, 9:00 a.m.]

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