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PA Bulletin, Doc. No. 12-1282

NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Action Taken by the Commission

[42 Pa.B. 4297]
[Saturday, July 7, 2012]

 The Independent Regulatory Review Commission met publicly at 10 a.m., Thursday, June 21, 2012, and announced the following:

Action Taken—Regulations Approved:

 State Board of Education #6-325: Safe Schools (amends 22 Pa. Code Chapter 10)

 Pennsylvania Liquor Control Board #54-71: Limited Winery Container Size Restrictions (amends 40 Pa. Code Chapter 11)

 Environmental Quality Board #7-471: Employer Trip Reduction; Repeal (amends 25 Pa. Code Chapters 121 and 126)

 Environmental Quality Board #7-472: Portable Fuel Containers; Repeal (repeals 25 Pa. Code §§ 130.101—130.108)

 Environmental Quality Board #7-473: St. Joe Resources Company; Repeal (repeals 25 Pa. Code § 128.21)

Action Taken—Regulation Disapproved: Order Not Yet Issued

 *Environmental Quality Board #7-460: Noncoal Mining Fees

 *Will advise when order is issued.

____

Approval Order

Public Meeting Held
June 21, 2012

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

State Board of Education—
Safe Schools;
Regulation No. 6-325 (#2928)

 On May 21, 2012, the Independent Regulatory Review Commission (Commission) received this regulation from the State Board of Education (Board). This rulemaking amends 22 Pa. Code Chapter 10. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.

 This rulemaking establishes protocol and procedures regarding notification of and response to incidents on school property, as well as a model memorandum of understanding between school entities and local police departments.

 We have determined this regulation is consistent with the statutory authority of the Board (24 P. S. § 13-1302.1-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.

____

Approval Order

Public Meeting Held
June 21, 2012

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

Pennsylvania Liquor Control Board—
Limited Winery Container Size Restrictions;
Regulation No. 54-71 (#2945)

 On May 16, 2012, the Independent Regulatory Review Commission (Commission) received this regulation from the Pennsylvania Liquor Control Board (Board). This rulemaking amends 40 Pa. Code Chapter 11. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.

 This final-omitted rulemaking deletes the container size restrictions imposed upon limited license wineries.

 We have determined this regulation is consistent with the statutory authority of the Board (47 P. S. § 2-207(g) and (i)) 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
June 21, 2012

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

Environmental Quality Board—
Employer Trip Reduction; Repeal;
Regulation No. 7-471 (#2946)

 On May 21, 2012, the Independent Regulatory Review Commission (Commission) received this regulation from the Environmental Quality Board (EQB). This rulemaking amends 25 Pa. Code Chapters 121 and 126. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.

 This final-omitted regulation repeals requirements for employer trip reduction plans that address air quality problems in severe ozone nonattainment areas.

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

____

Approval Order

Public Meeting Held
June 21, 2012

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

Environmental Quality Board—
Portable Fuel Containers; Repeal;
Regulation No. 7-472 (#2947)

 On May 21, 2012, the Independent Regulatory Review Commission received this regulation from the Environmental Quality Board (EQB). This rulemaking repeals 25 Pa. Code §§ 130.101—130.108. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.

 This final-omitted regulation deletes a subchapter relating to the emissions of volatile organic compounds from portable fuel containers that has been superseded by a more stringent federal requirement.

 We have determined this regulation is consistent with the statutory authority of the EQB (35 P. S. § 4005) 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
June 21, 2012

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

Environmental Quality Board—
St. Joe Resources Company; Repeal;
Regulation No. 7-473 (#2948)

 On May 21, 2012, the Independent Regulatory Review Commission (Commission) received this regulation from the Environmental Quality Board (EQB). This rulemaking repeals 25 Pa. Code §  128.21. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.

 The alternative emission reduction limitations specified in this provision are no longer necessary due to changes in operations and the operating permit since the regulation originally took effect in 1986.

 We have determined this regulation is consistent with the statutory authority of the EQB (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. 12-1282. Filed for public inspection July 6, 2012, 9:00 a.m.]



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