NOTICES
INDEPENDENT REGULATORY REVIEW COMMISSION
Actions Taken by the Commission
[52 Pa.B. 1079]
[Saturday, February 12, 2022]The Independent Regulatory Review Commission met publicly at 10 a.m., Wednesday, January 26, 2022, and announced the following:
Actions Taken—Regulations Approved:
Department of Labor and Industry # 12-116: Uniform Construction Code (amends 34 Pa. Code, Part XIV, Chapters 401 and 403)
Environmental Quality Board # 7-525: Control of VOC Emissions from Gasoline Dispensing Facilities (Stage I and Stage II) (amends 25 Pa. Code Chapters 121 and 129)
Unemployment Compensation Board of Review # 12-112: Appeals from Determinations of Department (amends 34 Pa. Code Chapter 101)
State Board of Social Workers, Marriage/Family Therapists and Professional Counselors # 16A-6919: Child Abuse Reporting Requirements (amends 49 Pa. Code Chapters 47, 48 and 49)
State Board of Medicine # 16A-4941: Child Abuse Reporting Requirements (amends 49 Pa. Code §§ 16.12, 16.15, 16.18, 16.19, 16.101—16.107, 17.1—17.7, 18.2, 18.3, 18.13, 18.14, 18.141, 18.145, 18.307, 18.309a, 18.504, 18.511, 18.523, 18.525, 18.603, 18.610, 18.703, 18.704, 18.709, 18.814, 18.824, 18.833, 18.843 and 18.862, and is adding 16.108 and 16.109 (relating to child abuse recognition and reporting—mandatory training requirement; and child abuse recognition and reporting course approval process))
State Board of Nursing # 16A-5140: Child Abuse Reporting Requirements (amends 49 Pa. Code Chapter 21)
State Board of Funeral Directors # 16A-4824: Child Abuse Reporting Requirements (amends 49 Pa. Code Chapter 13)
State Board of Barber Examiners # 16A-4211: Fees (amends 49 Pa. Code Chapter 3)
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Approval Order Public Meeting Held
January 26, 2022Commissioners Voting: George D. Bedwick, Chairperson; John F. Mizner, Esq., Vice Chairperson; John J. Soroko, Esq.; Murray Ufberg, Esq.; Dennis A. Watson, Esq.
Department of Labor and Industry—
Uniform Construction Code
Regulation No. 12-116 (# 3326)On December 15, 2021, the Independent Regulatory Review Commission (Commission) received this regulation from the Department of Labor and Industry (Department). This rulemaking amends 34 Pa. Code, Part XIV, Chapters 401 and 403. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.
This regulation updates the Uniform Construction Code (UCC) by adopting nearly all provisions of the 2018 International Code Council Codes, as directed by the UCC Review and Advisory Council.
We have determined this regulation is consistent with the statutory authority of the Department (35 P.S. § 7210.108(a)(1) and 35 P.S. § 7210.304(a)(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
January 26, 2022Commissioners 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—
Control of VOC Emissions from Gasoline Dispensing Facilities (Stage I and Stage II)
Regulation No. 7-525 (# 3266)On September 17, 2020, 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 129. The proposed regulation was published in the September 26, 2020 Pennsylvania Bulletin with a public comment period ending on November 30, 2020. The final-form regulation was submitted to the Commission on December 14, 2021.
This regulation amends air quality regulations relating to control of volatile organic compound emissions at gasoline dispensing facilities during loading of underground gasoline storage tanks (or Stage I vapor recovery), during filling of motor vehicles (or Stage II vapor recovery), and during and after decommissioning of Stage II vapor recovery equipment.
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.
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Approval Order Public Meeting Held
January 26, 2022Commissioners Voting: George D. Bedwick, Chairperson; John F. Mizner, Esq., Vice Chairperson; John J. Soroko, Esq.; Murray Ufberg, Esq.; Dennis A. Watson, Esq.
Unemployment Compensation Board of Review—
Appeals from Determinations of Department
Regulation No. 12-112 (# 3295)On March 1, 2021, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Unemployment Compensation Board of Review (Board). This rulemaking amends 34 Pa. Code Chapter 101. The proposed regulation was published in the March 13, 2021 Pennsylvania Bulletin with a public comment period ending on April 12, 2021. The final-form regulation was submitted to the Commission on December 3, 2021.
This final-form regulation provides for filing appeals of unemployment compensation determinations of the Department of Labor and Industry and appeals of Board referee decisions by e-mail and through the Pennsylvania UC Claims System. This final-form regulation also establishes filing dates, timelines to file an appeal, and methods for issuing notices, determinations and decisions.
We have determined this regulation is consistent with the statutory authority of the Board (43 P.S. § 763(d)) 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
January 26, 2022Commissioners 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 Social Workers, Marriage and Family Therapists and Professional Counselors—
Child Abuse Reporting Requirements
Regulation No. 16A-6919 (# 3281)On November 24, 2020, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Social Workers, Marriage and Family Therapists and Professional Counselors (Board). This rulemaking amends 49 Pa. Code Chapters 47, 48 and 49. The proposed regulation was published in the January 2, 2021 Pennsylvania Bulletin with a public comment period ending on February 1, 2021. The final-form regulation was submitted to the Commission on November 30, 2021.
This final-form regulation updates the Board's child abuse reporting regulations to be consistent with the Child Protective Services Law, including the act of April 15, 2014 (P.L. 411, No. 31). 23 Pa.C.S. §§ 6301—6388. Social workers, marriage and family therapists, and professional counselors are mandated reporters who are required to immediately report suspected child abuse and complete training in child abuse recognition and reporting as a condition of licensure or certification.
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
January 26, 2022Commissioners 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 Medicine—
Child Abuse Reporting Requirements
Regulation No. 16A-4941 (# 3287)On January 15, 2021, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Medicine (Board). This rulemaking amends 49 Pa. Code §§ 16.12, 16.15, 16.18, 16.19, 16.101—16.107, 17.1—17.7, 18.2, 18.3, 18.13, 18.14, 18.141, 18.145, 18.307, 18.309a, 18.504, 18.511, 18.523, 18.525, 18.603, 18.610, 18.703, 18.704, 18.709, 18.814, 18.824, 18.833, 18.843 and 18.862, and is adding 16.108 and 16.109 (relating to child abuse recognition and reporting—mandatory training requirement; and child abuse recognition and reporting course approval process). The proposed regulation was published in the January 30, 2021 Pennsylvania Bulletin with a public comment period ending on March 1, 2021. The final-form regulation was submitted to the Commission on November 30, 2021.
This rulemaking updates the Board's existing regulations pertaining to child abuse reporting to be consistent with amendments to the Child Protective Services Law (CPSL) (23 Pa.C.S. §§ 6301—6388), including the requirement imposed by the act of April 15, 2014 (P.L. 411, No. 31) on all health-related boards to require training in child abuse recognition and reporting for licensees who are considered mandated reporters under the CPSL.
We have determined this regulation is consistent with the statutory authority of the Board (63 P.S. § 422.8 and 23 Pa.C.S. § 6383(b)(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
January 26, 2022Commissioners 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 Nursing—
Child Abuse Reporting Requirements
Regulation No. 16A-5140 (# 3288)On January 15, 2021, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Nursing (Board). This rulemaking amends 49 Pa. Code Chapter 21. The proposed regulation was published in the January 30, 2021 Pennsylvania Bulletin with a public comment period ending on March 1, 2021. The final-form regulation was submitted to the Commission on November 30, 2021.
This final-form regulation updates the Board's child abuse reporting regulations to be consistent with the Child Protective Services Law, including the act of April 15, 2014 (P.L. 411, No. 31). 23 Pa.C.S. §§ 6301—6388. Registered nurses, certified registered nurse practitioners, clinical nurse specialists, practical nurses and licensed dietitian-nutritionists are mandated reporters who are required to immediately report suspected child abuse and complete training in child abuse recognition and reporting as a condition of licensure or certification.
We have determined this regulation is consistent with the statutory authority of the Board (63 P.S. §§ 212.1(k) and 667.6) 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
January 26, 2022Commissioners 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 Funeral Directors—
Child Abuse Reporting Requirements
Regulation No. 16A-4824 (# 3293)On February 26, 2021, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Funeral Directors (Board). This rulemaking amends 49 Pa. Code Chapter 13. The proposed regulation was published in the March 13, 2021 Pennsylvania Bulletin with a public comment period ending on April 12, 2021. The final-form regulation was submitted to the Commission on November 30, 2021.
This final-form regulation updates the Board's child abuse reporting regulations to be consistent with the Child Protective Services Law, including the act of April 15, 2014 (P.L. 411, No. 31). 23 Pa.C.S. §§ 6301—6388. Funeral directors are mandated reporters who are required to immediately report suspected child abuse and complete training in child abuse recognition and reporting as a condition of licensure or certification.
We have determined this regulation is consistent with the statutory authority of the Board (63 P.S. § 479.16(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
January 26, 2022Commissioners 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 Barber Examiners—
Fees
Regulation No. 16A-4211 (# 3306)On June 1, 2021, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Barber Examiners (Board). This rulemaking amends 49 Pa. Code Chapter 3. The proposed regulation was published in the June 19, 2021 Pennsylvania Bulletin with a public comment period ending on July 19, 2021. The final-form regulation was submitted to the Commission on December 14, 2021.
This final-form regulation increases biennial license renewal fees and application fees in graduated phases in 2022 and 2024.
We have determined this regulation is consistent with the statutory authority of the Board (63 P.S. § 564(b)) 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. 22-250. Filed for public inspection February 11, 2022, 9:00 a.m.]
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