NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Action Taken by the Commission

[48 Pa.B. 7085]
[Saturday, November 3, 2018]

 The Independent Regulatory Review Commission met publicly at 10 a.m., Thursday, October 18, 2018, and announced the following:

Regulation Deemed Approved Pursuant to Section 5(g) of the Regulatory Review Act—Effective October 17, 2018

 Department of Conservation and Natural Resources # 7B-8: Conservation of Pennsylvania Native Wild Plants (amends 17 Pa. Code Chapter 45)

Action Taken—Regulations Approved:

 Department of Human Services # 14-540: Home and Community-Based Supports and Licensing (amends 55 Pa. Code, Chapters 51, 2380, 2390, 6100, 6200, 6400 and 6500)

 Department of Revenue # 15-459: Withholding of Tax (amends 61 Pa. Code Chapter 113)

 Environmental Quality Board # 7-549: Electronic Submission of Air Quality General Plan Approval and General Operating Permit Applications (amends 25 Pa. Code Chapter 127)

 Environmental Quality Board # 7-530: Administration of the Storage Tank and Spill Prevention Program (amends 25 Pa. Code Chapter 245)

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Approval Order

Public Meeting Held
October 18, 2018

Commissioners Voting: George D. Bedwick, Chairperson; John F. Mizner, Esq., Vice Chairperson; W. Russell Faber; Murray Ufberg, Esq.; Dennis A. Watson, Esq.

Department of Human Services
Home and Community-Based Supports and Licensing
Regulation No. 14-540 (# 3160)

 On October 25, 2016, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Human Services (Department). This rulemaking amends 55 Pa. Code, Chapters 51, 2380, 2390, 6100, 6200, 6400 and 6500. The proposed regulation was published in the November 5, 2016 Pennsylvania Bulletin with a public comment period ending on December 19, 2016. The final-form regulation was submitted to the Commission on August 24, 2018.

 This regulation supports Pennsylvanians with an intellectual disability or autism to live in and participate fully in the life of their communities, to achieve greater independence and to have the full range of opportunities enjoyed by all citizens.

 We have determined this regulation is consistent with the statutory authority of the Department (62 P.S. §§ 201(2), 403(b), 403.1(a) and (b), 911 and 1021, and 50 P.S. § 4201(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.

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Approval Order

Public Meeting Held
October 18, 2018

Commissioners Voting: George D. Bedwick, Chairperson; John F. Mizner, Esq., Vice Chairperson; W. Russell Faber; Murray Ufberg, Esq.; Dennis A. Watson, Esq.

Department of Revenue
Withholding of Tax
Regulation No. 15-459 (# 3183)

 On October 18, 2017, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Revenue (Department). This rulemaking amends 61 Pa. Code Chapter 113. The proposed regulation was published in the October 28, 2017 Pennsylvania Bulletin with a public comment period ending on November 27, 2017. The final-form regulation was submitted to the Commission on September 12, 2018.

 This regulation requires employers that file ten or more withholding statements to transmit the data electronically to the Department. In addition, the rulemaking deletes obsolete language and references to specific tax forms.

 We have determined this regulation is consistent with the statutory authority of the Department (72 P.S. § 7354) 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
October 18, 2018

Commissioners Voting: George D. Bedwick, Chairperson; John F. Mizner, Esq., Vice Chairperson; W. Russell Faber; Murray Ufberg, Esq.; Dennis A. Watson, Esq.

Environmental Quality Board
Electronic Submission of Air Quality General Plan Approval and General Operating Permit Applications
Regulation No. 7-549 (# 3215)

 On September 14, 2018, the Independent Regulatory Review Commission (Commission) received this regulation from the Environmental Quality Board (EQB). This rulemaking amends 25 Pa. Code Chapter 127. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.

 This final-omitted rulemaking allows for the electronic submittal of air quality general plan approval and general operating permit applications to the Department of Environmental Protection.

 We have determined this regulation is consistent with the statutory authority of EQB (35 P.S. §§ 4005(a)(1) and (8) and 4006.1(f)) 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
October 18, 2018

Commissioners 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 Storage Tank and
Spill Prevention Program
Regulation No. 7-530 (# 3199)

 On February 13, 2018, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (EQB). This rulemaking amends 25 Pa. Code Chapter 245. The proposed regulation was published in the February 24, 2018 Pennsylvania Bulletin with a public comment period ending on March 26, 2018. The final-form regulation was submitted to the Commission on September 14, 2018.

 This final-form rulemaking updates underground storage tank provisions of Chapter 245 to be consistent with the United States Environmental Protection Agency's revised State Program Approval regulations at 40 CFR Part 280. It also updates requirements for vaulted aboveground storage tanks and underground storage tanks.

 We have determined this regulation is consistent with the statutory authority of EQB (35 P.S. §§ 6021.106, 6021.301 and 6021.501) 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.

GEROGE D. BEDWICK, 
Chairperson

[Pa.B. Doc. No. 18-1717. Filed for public inspection November 2, 2018, 9:00 a.m.]

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