NOTICES
INDEPENDENT REGULATORY REVIEW COMMISSION
Action Taken by the Commission
[48 Pa.B. 1482]
[Saturday, March 10, 2018]The Independent Regulatory Review Commission met publicly at 10 a.m., Thursday, February 22, 2018, and announced the following:
Regulations Deemed Approved Pursuant to Section 5(g) of the Regulatory Review Act—Effective February 21, 2018
State Board of Occupational Therapy Education and Licensure # 16A-6710: Code of Ethics (amends 49 Pa. Code § 42.24)
Action Taken—Regulations Approved:
Environmental Quality Board # 7-538: Administration of the Land Recycling Program (amends 25 Pa. Code Chapter 250)
Environmental Quality Board # 7-529: Gasoline Volatility Requirements (amends 25 Pa. Code Chapter 126)
Environmental Quality Board # 7-520: Disinfection Requirements Rule (amends 25 Pa. Code Chapter 109)
Department of General Services # 8-21: Committee on Construction Contract Documents (amends 4 Pa. Code Part III, Subpart C, Article II, Chapter 62)
Department of General Services # 8-22: Selections Committee (amends 4 Pa. Code Chapter 64)
Department of General Services # 8-23: Emergency Construction Repairs (amends 4 Pa. Code Part III, Subpart C, Article II, Chapter 67)
Department of General Services # 8-25: Methods of Awarding Contracts (deletes 4 Pa. Code Chapter 69)
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Approval Order Public Meeting Held
February 22, 2018Commissioners Voting: George D. Bedwick, Chairperson; John F. Mizner, Esq., Vice Chairperson; W. Russell Faber; Murray Ufberg, Esq.; Dennis A. Watson, Esq.
Environmental Quality Board
Administration of the Land Recycling Program
Regulation No. 7-538 (# 3195)On January 22, 2018, the Independent Regulatory Review Commission (Commission) received this regulation from the Environmental Quality Board (EQB). This rulemaking amends 25 Pa. Code Chapter 250. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.
This regulation corrects typographical and input errors discovered in 25 Pa. Code Chapter 250, Appendix A, for the Medium Specific Concentration values of Aldrin, beryllium and cadmium.
We have determined this regulation is consistent with the statutory authority of EQB (35 P.S. §§ 6026.104(a) and 6026.303(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.
GEORGE D. BEDWICK,
Chairperson____
Approval Order Public Meeting Held
February 22, 2018Commissioners Voting: George D. Bedwick, Chairperson; John F. Mizner, Esq., Vice Chairperson; W. Russell Faber; Murray Ufberg, Esq.; Dennis A. Watson, Esq.
Environmental Quality Board
Gasoline Volatility Requirements
Regulation No. 7-529 (# 3162)On February 10, 2017, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (EQB). This rulemaking amends 25 Pa. Code Chapter 126. The proposed regulation was published in the February 25, 2017 Pennsylvania Bulletin with a public comment period that closed on May 1, 2017. The final-form regulation was submitted to the Commission on January 22, 2018.
This final-form rulemaking implements Act 50 of 2014.
We have determined this regulation is consistent with the statutory authority of EQB (35 P.S. § 4005(a)(1), 35 P.S. § 4005(a)(8) and 35 P.S. § 4004(18.3)) 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.
GEORGE D. BEDWICK,
Chairperson____
Approval Order Public Meeting Held
February 22, 2018Commissioners Voting: George D. Bedwick, Chairperson; John F. Mizner, Esq., Vice Chairperson; W. Russell Faber; Murray Ufberg, Esq.; Dennis A. Watson, Esq.
Environmental Quality Board
Disinfection Requirements Rule
Regulation No. 7-520 (# 3136)On February 11, 2016, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (EQB). This rulemaking amends 25 Pa. Code Chapter 109. The proposed regulation was published in the February 20, 2016 Pennsylvania Bulletin with a public comment period that closed on May 19, 2016. The final-form regulation was submitted to the Commission on January 22, 2018.
This final-form rulemaking strengthens water system requirements related to microbial protection and disinfection. It also incorporates minor clarifications needed to obtain or maintain primacy.
We have determined this regulation is consistent with the statutory authority of EQB (35 P.S. § 721.4(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.
GEORGE D. BEDWICK,
Chairperson____
Approval Order Public Meeting Held
February 22, 2018Commissioners Voting: George D. Bedwick, Chairperson; John F. Mizner, Esq., Vice Chairperson; W. Russell Faber; Murray Ufberg, Esq.; Dennis A. Watson, Esq.
Department of General Services
Committee on Construction Contract Documents
Regulation No. 8-21 (# 3191)On January 18, 2018, the Independent Regulatory Review Commission (Commission) received this regulation from the Department of General Services (Department). This rulemaking amends 4 Pa. Code Part III, Subpart C, Article II, Chapter 62. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.
This regulation rescinds obsolete Chapter 62 relating to the creation and operation of the Committee on Construction Contract Documents (Committee). The adoption of the Procurement Code in 1998 repealed the statute which created the Committee.
We have determined this regulation is consistent with the statutory authority of the Department (71 P.S. §§ 186 and 631.1(20)) 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.
GEORGE D. BEDWICK,
Chairperson____
Approval Order Public Meeting Held
February 22, 2018Commissioners Voting: George D. Bedwick, Chairperson; John F. Mizner, Esq., Vice Chairperson; W. Russell Faber; Murray Ufberg, Esq.; Dennis A. Watson, Esq.
Department of General Services
Selections Committee
Regulation No. 8-22 (# 3192)On January 18, 2018, the Independent Regulatory Review Commission (Commission) received this regulation from the Department of General Services (Department). This rulemaking amends 4 Pa. Code Chapter 64. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.
This regulation amends 4 Pa. Code by rescinding obsolete Chapter 64, relating to the establishment of a Selections Committee to evaluate and hire design professionals for Department construction projects. The Selections Committee is now governed by Section 905 of the Procurement Code. 62 Pa.C.S. § 905.
We have determined this regulation is consistent with the statutory authority of the Department (71 P.S. §§ 186 and 631.1(20)) 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.
GEORGE D. BEDWICK,
Chairperson____
Approval Order Public Meeting Held
February 22, 2018Commissioners Voting: George D. Bedwick, Chairperson; John F. Mizner, Esq., Vice Chairperson; W. Russell Faber; Murray Ufberg, Esq.; Dennis A. Watson, Esq.
Department of General Services
Emergency Construction Repairs
Regulation No. 8-23 (# 3193)On January 18, 2018, the Independent Regulatory Review Commission (Commission) received this regulation from the Department of General Services (Department). This rulemaking amends 4 Pa. Code Part III, Subpart C, Article II, Chapter 67. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.
This regulation rescinds obsolete Chapter 67 relating to the procurement and expeditious processing of contract awards in excess of $25,000 on completed construction projects in emergency situations where conditions hazardous to the Commonwealth and its citizens require an immediate response. All emergency contracting is now governed by Section 516 of the Procurement Code. 62 Pa.C.S. § 516.
We have determined this regulation is consistent with the statutory authority of the Department (71 P.S. §§ 186 and 631.1(20)) 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.
GEORGE D. BEDWICK,
Chairperson____
Approval Order Public Meeting Held
February 22, 2018Commissioners Voting: George D. Bedwick, Chairperson; John F. Mizner, Esq., Vice Chairperson; W. Russell Faber; Murray Ufberg, Esq.; Dennis A. Watson, Esq.
Department of General Services
Methods of Awarding Contracts
Regulation No. 8-25 (# 3194)On January 18, 2018, the Independent Regulatory Review Commission (Commission) received this regulation from the Department of General Services (Department). This rulemaking deletes 4 Pa. Code Chapter 69. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.
This regulation deletes Chapter 69, relating to Methods of Awarding Contracts, because it was superseded by the Procurement Code adopted in 1998.
We have determined this regulation is consistent with the statutory authority of the Department (71 P.S. §§ 186 and 631.1(20)) 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.
GEORGE D. BEDWICK,
Chairperson
[Pa.B. Doc. No. 18-377. Filed for public inspection March 9, 2018, 9:00 a.m.]
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