NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Actions Taken by the Commission

[51 Pa.B. 2468]
[Saturday, May 1, 2021]

 The Independent Regulatory Review Commission met publicly at 10 a.m., Thursday, April 15, 2021, and announced the following:

Actions Taken—Regulations Approved:

 Environmental Quality Board # 7-548: Water Quality Standards; Class A Stream Redesignations (amends 25 Pa. Code Chapter 93)

 Environmental Quality Board # 7-545: Water Supply Replacement for Coal Surface Mining (amends 25 Pa. Code Chapters 87—90)

 Pennsylvania Gaming Control Board # 125-223: Table Game Rules of Play; Over/Under, DJ Wild Stud Poker, Face Up Pai Gow Poker (amends 58 Pa. Code Sections 686a, 687a, and 688a)

 Pennsylvania Gaming Control Board # 125-225: Slot Machine Licenses; Accounting and Internal Controls; Compulsive and Problem Gambling Requirements; Casino Self-Exclusion; Table Game Equipment; Credit (amends 58 Pa. Code §§ 441a, 465a, 501a 503a 603a 609a)

 Milk Marketing Board # 47-20: Transactions Between Dealers and Producers; Payment (amends 7 Pa. Code Section 143.15)

 Pennsylvania Liquor Control Board # 54-93: Proof of Recycling (amends 40 Pa. Code § 5.43)

 State Board of Optometry # 16A-5213: General Revisions (amends 49 Pa. Code Chapter 23)

____

Approval Order

Public Meeting Held
April 15, 2021

Commissioners Voting: George D. Bedwick, Chairperson; John F. Mizner, Esq., Vice Chairperson; John J. Soroko, Esq., recused; Murray Ufberg, Esq.; Dennis A. Watson, Esq.

Environmental Quality Board—
Water Quality Standards; Class A Stream Redesignations
Regulation No. 7-548 (# 3226)

 On March 4, 2019, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (EQB). This rulemaking amends 25 Pa. Code Chapter 93. The proposed regulation was published in the March 23, 2019 Pennsylvania Bulletin with a public comment period ending on May 7, 2019. The final-form regulation was submitted to the Commission on February 25, 2021.

 This final-form regulation amends the water quality designations of 41 stream or stream segments totaling 222 stream miles. The amendments affect portions of the Delaware, Susquehanna, and Ohio River Basins.

 We have determined this regulation is consistent with the statutory authority of the EQB (35 P.S. §§ 691.5(b)(1) and 691.402; U.S.C.A §§ 1251(a)(2) and 1313(c)(2)(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
April 15, 2021

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

Environmental Quality Board—
Water Supply Replacement for Coal Surface Mining
Regulation No. 7-545 (# 3245)

 On October 15, 2019, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (Board). This rulemaking amends 25 Pa. Code Chapters 87—90. The proposed regulation was published in the November 2, 2019 Pennsylvania Bulletin with a public comment period ending on December 2, 2019. The final-form regulation was submitted to the Commission on February 25, 2021.

 This final-form regulation amends inconsistencies between the Commonwealth's surface coal mining program and federal requirements relating to water supply replacement for surface coal mining operations. These regulations are also aligned with those of underground coal mining to the extent allowed by statute.

 We have determined this regulation is consistent with the statutory authority of the Board (35 P.S. § 691.5, 52 P.S. §§ 30.53b, 1396.4(a), 1396.4b and 1406.7(b), and 71 P.S. § 510-20) 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.

____

Approval Order

Public Meeting Held
April 15, 2021

Commissioners Voting: George D. Bedwick, Chairperson; John F. Mizner, Esq., Vice Chairperson; John J. Soroko, Esq., recused; Murray Ufberg, Esq., recused; Dennis A. Watson, Esq.

Pennsylvania Gaming Control Board—
Table Game Rules of Play; Over/Under,
DJ Wild Stud Poker, Face Up Pai Gow Poker
Regulation No. 125-223 (# 3239)

 On June 20, 2019, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Gaming Control Board (Board). This rulemaking amends 58 Pa. Code Sections 686a, 687a, and 688a. The proposed regulation was published in the July 13, 2019 Pennsylvania Bulletin with a public comment period ending on August 12, 2019. The final-form regulation was submitted to the Commission on February 17, 2021.

 This final-form regulation adds three new table games to the complement of games available for play in the Commonwealth: Over/Under, DJ Wild Stud Poker, and Face Up Pai Gow Poker.

 We have determined this regulation is consistent with the statutory authority of the Board (4 PaC.S. § 1202(b)(30) and 4 PaC.S. §§ 13A02(1) and (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
April 15, 2021

Commissioners Voting: George D. Bedwick, Chairperson; John F. Mizner, Esq., Vice Chairperson; John J. Soroko, Esq.; Murray Ufberg, Esq., recused; Dennis A. Watson, Esq.

Pennsylvania Gaming Control Board—
Slot Machine Licenses; Accounting and Internal Controls; Compulsive and Problem Gambling Requirements;
Casino Self-Exclusion; Table Game Equipment; Credit
Regulation No. 125-225 (# 3246)

 On November 15, 2019, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Gaming Control Board (Board). This rulemaking amends 58 Pa. Code §§ 441a, 465a, 501a 503a 603a 609a. The proposed regulation was published in the November 30, 2019 Pennsylvania Bulletin with a public comment period ending on December 30, 2019. The final-form regulation was submitted to the Commission on February 17, 2021.

 The rulemaking amends the Board's existing regulations to revise the procedures for an individual to self-exclude from gaming activities in licensed facilities or other locations approved by the Board to conduct gaming activity in the Commonwealth, specifically providing for casino and retail sports wagering self-exclusion. The regulation also permits individuals that have selected lifetime self-exclusion the ability to seek removal from the list under certain parameters established by the Board.

 We have determined this regulation is consistent with the statutory authority of the Board (4 Pa.C.S. §§ 1202(b)(30) and 13A02(1) and (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
April 15, 2021

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

Milk Marketing Board—
Transactions Between Dealers and Producers; Payment
Regulation No. 47-20 (# 3243)

 On September 10, 2019, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Milk Marketing Board (Board). This rulemaking amends 7 Pa. Code Section 143.15. The proposed regulation was published in the September 21, 2019 Pennsylvania Bulletin with a public comment period ending on October 21, 2019. The final-form regulation was submitted to the Commission on March 2, 2021.

 This regulation requires cooperatives to provide a line item on monthly statements to members disclosing the amount of over-order premium being paid to the members.

 We have determined this regulation is consistent with the statutory authority of the Board (31 P.S. §§ 700j-301, 700j-307, and 700j-608) 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
April 15, 2021

Commissioners Voting: George D. Bedwick, Chairperson, dissenting; John F. Mizner, Esq., Vice Chairperson; John J. Soroko, Esq.; Murray Ufberg, Esq.; Dennis A. Watson, Esq.

Pennsylvania Liquor Control Board—
Proof of Recycling
Regulation No. 54-93 (# 3224)

 On February 21, 2019, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Liquor Control Board (Board). This rulemaking amends 40 Pa. Code § 5.43. The proposed regulation was published in the March 9, 2019 Pennsylvania Bulletin with a public comment period ending on April 8, 2019. The final-form regulation was submitted to the Commission on February 25, 2021.

 The purpose of this rulemaking is to establish what constitutes ''proof in writing'' that a licensee participates in a recycling program pursuant to Section 491(5) of the Pennsylvania Liquor Code (47 P.S. § 4-491(5)).

 We have determined this regulation is consistent with the statutory authority of the Board (47 P.S. § 2-207(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
April 15, 2021

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

State Board of Optometry—
General Revisions
Regulation No. 16A-5213 (# 3223)

 On February 15, 2019, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Optometry (Board). This rulemaking amends 49 Pa. Code Chapter 23. The proposed regulation was published in the March 2, 2019 Pennsylvania Bulletin with a public comment period ending on April 1, 2019. The final-form regulation was submitted to the Commission on February 26, 2021.

 This final-form regulation amends continuing education requirements by adding reporting, auditing, enforcement and source provisions. In addition, this final-form regulation adds requirements for reciprocal licenses, fees related to continuing education and a definition of ''contact lens.''

 We have determined this regulation is consistent with the statutory authority of the Board (63 P.S. §§ 244.3(b)(12) and (14) and 244.6(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.

GEORGE D. BEDWICK, 
Chairperson

[Pa.B. Doc. No. 21-688. Filed for public inspection April 30, 2021, 9:00 a.m.]

---

No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.

---