NOTICES
INDEPENDENT REGULATORY REVIEW COMMISSION
Actions Taken by the Commission
[27 Pa.B. 6128] The Independent Regulatory Review Commission met publicly at 1 p.m., Thursday, November 6, 1997, and took the following actions:
Regulations Approved:
State Board of Optometry #16A-526: Volunteer License (amends 49 Pa. Code Chapter 23)
State Board of Osteopathic Medicine #16A-537: Volunteer License (amends 49 Pa. Code Chapter 25)
State Board of Nursing #16A-517: Volunteer License (amends 49 Pa. Code Chapter 21)
State Board of Podiatry #16A-443: Volunteer License (amends 49 Pa. Code Chapter 29)
State Board of Medicine #16A-494: Volunteer License (amends 49 Pa. Code Chapter 16)
State Board of Chiropractic #16A-439: Volunteer License (amends 49 Pa. Code Chapter 5)
State Board of Dentistry #16A-468: Volunteer License (amends 49 Pa. Code Chapter 33)
State Board of Pharmacy #16A-546: Approval of Plans: Pharmacy Alterations (amends 49 Pa. Code Chapter 27)
State Board of Funeral Directors #16A:481: Examination Requirements (amends 49 Pa. Code §§ 13.71 and 13.72)
State Registration Board for Professional Engineers, Land Surveyors and Geologists #16A-475: Examination Fees (amends 49 Pa. Code § 37.17)
Bureau of Professional and Occupational Affairs #16-15: Schedule of Civil Penalties (amends 49 Pa. Code by adding Chapter 43b)
State Board of Psychology #16A-632: Continuing Education (amends 49 Pa. Code Chapter 41)
Environmental Quality Board #7-312: Great Lakes Initiative (GLI) (amends 25 Pa. Code Chapter 93)
Environmental Quality Board #7-313: Air Quality - RBI 1 (amends 25 Pa. Code Chapters 121, 122, 123, 137 and 139)
Pennsylvania Public Utility Commission #57-166: Motor Carriers of Property (amends 52 Pa. Code Chapters 1, 3, 5, 21, 23, 29 and 31)
Pennsylvania Public Utility Commission #57-169: Water Service (amends 52 Pa. Code Chapter 65)
Pennsylvania Public Utility Commission #57-168: Wastewater Utilities (amends 52 Pa. Code Chapters 5, 37, 53, 55, 56, 65, 69 and 71)
Pennsylvania Public Utility Commission #57-179: Residential Low Income Usage Reduction Programs (amends 52 Pa. Code Chapter 58)
Regulations Deemed Approved Under Section 5 (g) of the Regulatory Review Act:
State Board of Nursing #16A-512: Endorsement of Foreign Trained Nurses (amends 49 Pa. Code §§ 21.28(c) and 21.155(d))
Commissioners present: John R. McGinley, Jr., Chairperson; Robert J. Harbison, III, Vice Chairperson; Alvin C. Bush; Arthur Coccodrilli
Public Meeting held
November 6, 1997State Board of Optometry; Volunteer License; Doc. No. 16A-526
Order On June 6, 1997, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Optometry (Board). This rulemaking would amend 49 Pa. Code Chapter 23. The authority for this regulation is section 5 of the Volunteer Health Services Act (VHSA) (35 P. S. § 449.45) and section 3(b)(14) of the Optometric Practice and Licensure Act (63 P. S. § 244.3(b)(14)). The proposed regulation was published in the June 21, 1997 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on October 8, 1997.
This regulation implements the VHSA, Act 141 of 1996. It sets forth the procedures and requirements for issuing volunteer licenses which allow practitioners to work as volunteers in community-based clinics. These clinics serve individuals and families who cannot pay for their care, Medical Assistance clients and people in medically under-served areas or health professional shortage areas. No fee will be charged for the volunteer license.
The House Professional Licensure Committee approved this regulation on October 22, 1997, and the Senate Consumer Protection and Professional Licensure Committee approved it on October 28, 1997.
We have reviewed this regulation and find it to be in the public interest. In response to comments submitted by Representative Patricia H. Vance, the prime sponsor of the VHSA, and this Commission, the Board revised the regulation to improve its clarity and bring it into greater conformity with the provisions of VHSA.
Therefore, It Is Ordered That:
1. Regulation No. 16A-526 from the State Board of Optometry, as submitted to the Commission on October 8, 1997, is approved; and
2. The Commission will transmit a copy of this Order to the Legislative Reference Bureau.
Commissioners present: John R. McGinley, Jr., Chairperson; Robert J. Harbison, III, Vice Chairperson; Alvin C. Bush; Arthur Coccodrilli
Public Meeting held
November 6, 1997State Board of Osteopathic Medicine; Volunteer License; Doc. No. 16A-537
Order On June 6, 1997, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Osteopathic Medicine (Board). This rulemaking would amend 49 Pa. Code Chapter 25. The authority for this regulation is section 5 of the Volunteer Health Services Act (VHSA) (35 P. S. § 449.45) and sction 16 of the Osteopathic Medical Practice Act (63 P. S. § 271.16). The proposed regulation was published in the June 21, 1997 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on October 8, 1997.
This regulation implements the VHSA, Act 141 of 1996. It sets forth the procedures and requirements for issuing volunteer licenses which allow practitioners to work as volunteers in community-based clinics. These clinics serve individuals and families who cannot pay for their care, Medical Assistance clients and people in medically under-served areas or health professional shortage areas. No fee will be charged for the volunteer license.
The House Professional Licensure Committee approved this regulation on October 22, 1997 and the Senate Consumer Protection and Professional Licensure Committee approved it on October 28, 1997.
We have reviewed this regulation and find it to be in the public interest. In response to comments submitted by Representative Patricia H. Vance, the prime sponsor of the VHSA, and this Commission, the Board revised the regulation to improve its clarity and bring it into greater conformity with the provisions of VHSA.
Therefore, It Is Ordered That:
1. Regulation No. 16A-537 from the State Board of Osteopathic Medicine, as submitted to the Commission on October 8, 1997, is approved; and
2. The Commission will transmit a copy of this Order to the Legislative Reference Bureau.
Commissioners present: John R. McGinley, Jr., Chairperson; Robert J. Harbison, III, Vice Chairperson; Alvin C. Bush; Arthur Coccodrilli
Public Meeting held
November 6, 1997State Board of Nursing; Volunteer License; Doc. No. 16A-517
Order On June 6, 1997, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Nursing (Board). This rulemaking would amend 49 Pa. Code Chapter 21. The authority for this regulation is section 5 of the Volunteer Health Services Act (VHSA) (35 P. S. § 449.45), sction 2.1(k) of the Professional Nursing Law (63 P. S. § 212.1(k)) and section 17.6 of the Practical Nurse Law (63 P. S. § 667.6). The proposed regulation was published in the June 21, 1997 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on October 8, 1997.
This regulation implements the VHSA, Act 141 of 1996. It sets forth the procedures and requirements for issuing volunteer licenses which allow practitioners to work as volunteers in community-based clinics. These clinics serve individuals and families who cannot pay for their care, Medical Assistance clients and people in medically under-served areas or health professional shortage areas. No fee will be charged for the volunteer license.
The House Professional Licensure Committee approved this regulation on October 22, 1997, and the Senate Consumer Protection and Professional Licensure Committee approved it on October 28, 1997. We have reviewed this regulation and find it to be in the public interest. In response to comments submitted by Representative Patricia H. Vance, the prime sponsor of the VHSA, and this Commission, the Board revised the regulation to improve its clarity and bring it into greater conformity with the provisions of VHSA.
Therefore, It Is Ordered That:
1. Regulation No. 16A-517 from the State Board of Nursing, as submitted to the Commission on October 8, 1997, is approved; and
2. The Commission will transmit a copy of this Order to the Legislative Reference Bureau.
Commissioners present: John R. McGinley, Jr., Chairperson; Robert J. Harbison, III, Vice Chairperson; Alvin C. Bush; Arthur Coccodrilli
Public Meeting held
November 6, 1997State Board of Podiatry; Volunteer License; Doc. No. 16A-443
Order On June 6, 1997, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Podiatry (Board). This rulemaking would amend 49 Pa. Code Chapter 29. The authority for this regulation is section 5 of the Volunteer Health Services Act (VHSA) (35 P. S. § 449.45) and section 15 of the Podiatry Practice Act (63 P. S. § 42.15). The proposed regulation was published in the June 21, 1997 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on October 8, 1997.
This regulation implements the VHSA, Act 141 of 1996. It sets forth the procedures and requirements for issuing volunteer licenses which allow practitioners to work as volunteers in community-based clinics. These clinics serve individuals and families who cannot pay for their care, Medical Assistance clients and people in medically under-served areas or health professional shortage areas. No fee will be charged for the volunteer license.
The House Professional Licensure Committee approved this regulation on October 22, 1997 and the Senate Consumer Protection and Professional Licensure Committee approved it on October 28, 1997.
We have reviewed this regulation and find it to be in the public interest. In response to comments submitted by Representative Patricia H. Vance, the prime sponsor of the VHSA, and this Commission, the Board revised the regulation to improve its clarity and bring it into greater conformity with the provisions of VHSA.
Therefore, It Is Ordered That:
1. Regulation No. 16A-443 from the State Board of Podiatry, as submitted to the Commission on October 8, 1997, is approved; and
2. The Commission will transmit a copy of this Order to the Legislative Reference Bureau.
Commissioners present: John R. McGinley, Jr., Chairperson; Robert J. Harbison, III, Vice Chairperson; Alvin C. Bush; Arthur Coccodrilli
Public Meeting held
November 6, 1997State Board of Medicine; Volunteer License; Doc. No. 16A-494
Order On June 6, 1997, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Medicine (Board). This rulemaking would amend 49 Pa. Code Chapter 16. The authority for this regulation is section 5 of the Volunteer Health Services Act (VHSA) (35 P. S. § 449.45) and section 8 of the Medical Practice Act (63 P. S. § 422.8). The proposed regulation was published in the June 21, 1997 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on October 8, 1997.
This regulation implements the VHSA, Act 141 of 1996. It sets forth the procedures and requirements for issuing volunteer licenses which allow practitioners to work as volunteers in community-based clinics. These clinics serve individuals and families who cannot pay for their care, Medical Assistance clients and people in medically under-served areas or health professional shortage areas. No fee will be charged for the volunteer license.
The House Professional Licensure Committee approved this regulation on October 22, 1997, and the Senate Consumer Protection and Professional Licensure Committee approved it on October 28, 1997.
We have reviewed this regulation and find it to be in the public interest. In response to comments submitted by Representative Patricia H. Vance, the prime sponsor of the VHSA and this Commission, the Board revised the regulation to improve its clarity and bring it into greater conformity with the provisions of VHSA.
Therefore, It Is Ordered That:
1. Regulation No. 16A-494 from the State Board of Medicine, as submitted to the Commission on October 8, 1997, is approved; and
2. The Commission will transmit a copy of this Order to the Legislative Reference Bureau.
Commissioners present: John R. McGinley, Jr., Chairperson; Robert J. Harbison, III, Vice Chairperson; Alvin C. Bush; Arthur Coccodrilli
Public Meeting held
November 6, 1997State Board of Chiropractic; Volunteer License; Doc. No. 16A-439
Order On June 24, 1997, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Chiropractic (Board). This rulemaking would amend 49 Pa. Code Chapter 5. The authority for this regulation is section 5 of the Volunteer Health Services Act (VHSA) (35 P. S. § 449.45) and sections 302 and 1104 of the Chiropractic Practice Act (63 P. S. §§ 625.302 and 625.1104). The proposed regulation was published in the July 5, 1997 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on October 8, 1997.
This regulation implements the VHSA, Act 141 of 1996. It sets forth the procedures and requirements for issuing volunteer licenses which allow practitioners to work as volunteers in community-based clinics. These clinics serve individuals and families who cannot pay for their care, Medical Assistance clients and people in medically under-served areas or health professional shortage areas. No fee will be charged for the volunteer license.
The House Professional Licensure Committee approved this regulation on October 22, 1997, and the Senate Consumer Protection and Professional Licensure Committee approved it on October 28, 1997.
We have reviewed this regulation and find it to be in the public interest. In response to comments submitted by Representative Patricia H. Vance, the prime sponsor of the VHSA, and this Commission, the Board revised the regulation to improve its clarity and bring it into greater conformity with the provisions of VHSA.
Therefore, It Is Ordered That:
1. Regulation No. 16A-439 from the State Board of Chiropractic, as submitted to the Commission on October 8, 1997, is approved; and
2. The Commission will transmit a copy of this Order to the Legislative Reference Bureau.
Commissioners present: John R. McGinley, Jr., Chairperson; Robert J. Harbison, III, Vice Chairperson; Alvin C. Bush; Arthur Coccodrilli
Public Meeting held
November 6, 1997State Board of Dentistry; Volunteer License; Doc. No. 16A-468
Order On July 8, 1997, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Dentistry (Board). This rulemaking would amend 49 Pa. Code Chapter 33. The authority for this regulation is section 5 of the Volunteer Health Services Act (VHSA) (35 P. S. § 449.45) and section 3(o) of the Dental Law (63 P. S. § 122(o)). The proposed regulation was published in the July 19, 1997 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on October 8, 1997.
This regulation implements the VHSA, Act 141 of 1996. It sets forth the procedures and requirements for issuing volunteer licenses which allow practitioners to work as volunteers in community-based clinics. These clinics serve individuals and families who cannot pay for their care, Medical Assistance clients and people in medically under-served areas or health professional shortage areas. No fee will be charged for the volunteer license.
The House Professional Licensure Committee approved this regulation on October 22, 1997, and the Senate Consumer Protection and Professional Licensure Committee approved it on October 28, 1997.
We have reviewed this regulation and find it to be in the public interest. In response to comments submitted by Representative Patricia H. Vance, the prime sponsor of the VHSA, and this Commission, the Board revised the regulation to improve its clarity and bring it into greater conformity with the provisions of VHSA.
Therefore, It Is Ordered That:
1. Regulation No. 16A-468 from the State Board of Dentistry, as submitted to the Commission on October 8, 1997, is approved; and
2. The Commission will transmit a copy of this Order to the Legislative Reference Bureau.
____Commissioners present: John R. McGinley, Jr., Chairperson; Robert J. Harbison, III, Vice Chairperson; Alvin C. Bush; Arthur Coccodrilli
Public Meeting held
November 6, 1997State Board of Pharmacy; Approval of Plans: Pharmacy Alterations; Doc. No. 16A-546
Order On October 8, 1997, the Independent Regulatory Review Commission (Commission) received this regulation from the State Board of Pharmacy (Board). This rulemaking would amend 49 Pa. Code Chapter 27. The authority for this regulation is contained in sections 4(j) and 6(k)(9) of the Pharmacy Act (63 P. S. §§ 390-4(j) and 390-6(k)(9)). Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.
The Board has submitted this final-omitted regulation to amend two specific standards within existing regulations which the Board has determined are unnecessary and overly burdensome. First, the regulation reduces the number of days from 90 to 30 by which pharmacies must notify the Board prior to undergoing renovation. Second, the regulation deletes existing guidelines pertaining to minimum floor space in a retail pharmacy.
We have reviewed this regulation and find it to be in the public interest. The reduction in the number of days of advance notification from 90 to 30 is more responsive to accommodating common business practices and allows pharmacies greater flexibility in planning.
Therefore, It Is Ordered That:
1. Regulation No. 16A-546 from the State Board of Pharmacy, as submitted to the Commission on October 8, 1997, is approved; and
2. The Commission will transmit a copy of this Order to the Legislative Reference Bureau.
____Commissioners present: John R. McGinley, Jr., Chairperson; Robert J. Harbison, III, Vice Chairperson; Alvin C. Bush; Arthur Coccodrilli
Public Meeting held
November 6, 1997State Board of Funeral Directors; Examination Requirements; Doc. No. 16A-481
Order On October 8, 1997, the Independent Regulatory Review Commission (Commission) received this regulation from the State Board of Funeral Directors (Board). This rulemaking would amend 49 Pa. Code §§ 13.71 and 13.72. The authority for this regulation is sections 5 and 16 of the Funeral Director Law (63 P. S. §§ 479.5 and 479.16). Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.
The Board is proposing to permit applicants for licensure as funeral directors to take the licensure examination prior to completion of their post-education internship. Applicants who have passed the examination would be licensed immediately after completing their internship.
We have reviewed this regulation and find it to be in the public interest. The proposed amendments eliminate current regulatory restrictions which the Board considers unnecessary. Funeral director interns will benefit by being able to seek employment as funeral directors immediately after completing their internships.
Therefore, It Is Ordered That:
1. Regulation No. 16A-481 from the State Board of Funeral Directors, as submitted to the Commission on October 8, 1997, is approved; and
2. The Commission will transmit a copy of this Order to the Legislative Reference Bureau.
Commissioners present: John R. McGinley, Jr., Chairperson; Robert J. Harbison, III, Vice Chairperson; Alvin C. Bush; Arthur Coccodrilli
Public Meeting held
November 6, 1997State Registration Board for Professional Engineers, Land Surveyors and Geologists; Examination Fees; Doc. No. 16A-475
Order On October 8, 1997, the Independent Regulatory Review Commission (Commission) received this regulation from the State Registration Board for Professional Engineers, Land Surveyors and Geologists (State Board). This rulemaking would amend fee provisions in 49 Pa. Code § 37.17. The authority for this regulation is section 9(a) of the Engineer, Land Surveyor and Geologist Registration Law (63 P. S. § 156(a)) and sections 812(a), (b) and (e) of The Administrative Code of 1929 (71 P. S. § 279.3a). Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.
These amendments establish new, slightly higher fees for the engineers and land surveyors examinations, effective with the October 1998 examination. The changes are a result of the recent contract between the Commonwealth and the National Council of Examiners for Engineering and Surveying (NCEES), which will be in effect until June 30, 2002. The examinations administered by NCEES under this contract are uniform, national examinations given in April and October of each year.
Approximately 5,200 engineering applicants and 160 land surveyor applicants annually will pay slightly higher fees to take the October 1998 and subsequent examinations. Candidates for licensure deal directly with NCEES on examination matters including payment of fees.
The House Professional Licensure Committee met and voted to approve this rulemaking on October 22, 1997. The Senate Consumer Protection and Professional Licensure Committee did the same thing on October 28, 1997.
We have reviewed this regulation and find it to be in the public interest. The higher examination fees are statutorily required in order to implement the new contract with NCEES.
Therefore, It Is Ordered That:
1. Regulation No. 16A-475 from the State Registration Board for Professional Engineers, Land Surveyors and Geologists, as submitted to the Commission on October 8, 1997, is approved; and
2. The Commission will transmit a copy of this Order to the Legislative Reference Bureau.
Commissioners present: John R. McGinley, Jr., Chairperson; Robert J. Harbison, III, Vice Chairperson; Alvin C. Bush; Arthur Coccodrilli
Public Meeting held
November 6, 1997Bureau of Professional and Occupational Affairs; Schedule of Civil Penalties; Doc. No. 16-15
Order On May 23, 1997, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Bureau of Professional and Occupational Affairs (BPOA). This rulemaking would amend 49 Pa. Code by adding Chapter 43b. The authority for this regulation is section 5(a) of the act of June 2, 1993 (63 P. S. § 2205(a)) Act 48 of 1993 (Act 48). The proposed regulation was published in the June 7, 1997 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on October 8, 1997.
This regulation implements Act 48. Act 48 gives the BPOA Commissioner the authority to publish schedules of civil penalties and regulations setting forth guidelines and procedures. The schedules establish penalties for practicing without a license or with an expired license and other offenses or violations of the respective licensing laws for the following boards: State Board of Barber Examiners, State Board of Cosmetology, State Board of Funeral Directors, State Board of Pharmacy, State Real Estate Commission and State Board of Vehicle Manufacturers, Dealers and Salespersons.
The House Professional Licensure Committee approved this final-form regulation on October 22, 1997, and the Senate Consumer Protection and Professional Licensure Committee approved it on October 28, 1997.
We have reviewed this regulation and find it to be in the public interest. In response to the Commission's Comments, the BPOA made revisions that improved clarity of the regulation.
Therefore, It Is Ordered That:
1. Regulation No. 16-15 from the Bureau of Professional and Occupational Affairs, as submitted to the Commission on October 8, 1997, is approved; and
2. The Commission will transmit a copy of this Order to the Legislative Reference Bureau.
Commissioners present: John R. McGinley, Jr., Chairperson; Robert J. Harbison, III, Vice Chairperson; Alvin C. Bush; Arthur Coccodrilli
Public Meeting held
November 6, 1997State Board of Psychology; Continuing Education; Doc. No. 16A-632
Order On June 3, 1996, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Psychology (Board). This rulemaking amends 49 Pa. Code Chapter 41. The authority for this regulation is contained in section 3.2(2) of the Professional Psychology Practice Act (63 P. S. § 1203.2(2)). The proposed regulation was published in the June 15, 1996 edition of the Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on October 8, 1997.
The State Board of Psychology is amending its requirements for continuing education. All licensed psychologists are required to take at least 30 hours of continuing education every 2 years in order to maintain their license. The Board is amending several provisions of its continuing education regulation as a result of recommendations from licensed psychologists and a review of its existing regulations.
The House Professional Licensure Committee approved the final-form regulation on October 22, 1997. The Senate Consumer Affairs and Professional Licensure Committee approved the final-form regulation on October 28, 1997.
We have reviewed this regulation and find it to be in the public interest. The regulation provides flexibility for psychologists in choosing continuing education providers and provides clarity to the Board's requirements for continuing education.
Therefore, It Is Ordered That:
1. Regulation No. 16A-632 from the State Board of Psychology, as submitted to the Commission on October 8, 1997, is approved; and
2. The Commission will transmit a copy of this Order to the Legislative Reference Bureau.
Commissioners present: John R. McGinley, Jr., Chairperson; Robert J. Harbison, III, Vice Chairperson; Alvin C. Bush; Arthur Coccodrilli
Public Meeting held
November 6, 1997Environmental Quality Board; Great Lakes Initiative (GLI); Doc. No. 7-312
Order On March 18, 1997, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (Board). This rulemaking would amend 25 Pa. Code Chapter 93. The authority for this regulation is section 5(b)(1) and 402 of The Clean Streams Law (35 P. S. §§ 691.5(b)(1) and 691.402) and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20). The proposed regulation was published in the March 29, 1997 Pennsylvania Bulletin with a 45-day public comment period. The final-form regulation was submitted to the Commission on October 7, 1997.
This proposal contains the standards which this Commonwealth, as one of the Great Lakes, is required to adopt. The rulemaking expands site-specific criteria to include protection of aquatic life, human health or wildlife; adds bioaccumulative chemicals of concern to antidegradation provisions; references GLI procedures for total maximum daily load development; and references special provisions for the Great Lakes system incorporated into 25 Pa. Code Chapter 16 (Statement of policy) relating to water quality toxics management strategy.
We have reviewed this regulation and find it to be in the public interest. The Commonwealth is adopting measures to ensure protection of Great Lakes resources.
Therefore, It Is Ordered That:
1. Regulation No. 7-312 from the Environmental Quality Board, as submitted to the Commission on October 7, 1997, is approved; and
2. The Commission will transmit a copy of this Order to the Legislative Reference Bureau.
Commissioners present: John R. McGinley, Jr., Chairperson; Robert J. Harbison, III, Vice Chairperson; Alvin C. Bush; Arthur Coccodrilli
Public Meeting held
November 6, 1997Environmental Quality Board; Air Quality--RBI 1; Doc. No. 7-313
Order On April 1, 1997, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (EQB). This rulemaking would amend 25 Pa. Code Chapters 121, 122, 123, 137 and 139. The authority for this regulation is section 5(a)(1) of the Air Pollution Control Act (35 P. S. § 4005(a)(1)). The proposed regulation was published in the April 12, 1997 Pennsylvania Bulletin with a 67-day public comment period. The final-form regulation was submitted to the Commission on October 7, 1997.
This regulation is the first in a series of proposals designed to implement changes that resulted from the Regulatory Basics Initiative of the Department of Environmental Protection (DEP). It makes DEP's air pollution rules for utilities, industries with fossil-fuel boilers, and manufacturers consistent with Federal requirements, deletes obsolete and unnecessary provisions and applies DEP's monitoring requirements in a consistent manner.
We have reviewed this regulation and find it to be in the public interest. The total annual savings to the regulated community created by this rulemaking's reduction in air monitoring, reporting and recordkeeping costs and penalties are estimated by DEP to be at least $1 million.
Therefore, It Is Ordered That:
1. Regulation No. 7-313 from the Environmental Quality Board, as submitted to the Commission on October 7, 1997, is approved; and
2. The Commission will transmit a copy of this Order to the Legislative Reference Bureau.
Commissioners present: John R. McGinley, Jr., Chairperson; Robert J. Harbison, III, Vice Chairperson; Alvin C. Bush; Arthur Coccodrilli
Public Meeting held
November 6, 1997Pennsylvania Public Utility Commission; Motor Carriers of Property; Doc. No. 57-166
Order On March 15, 1996, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Public Utility Commission (PUC). This rulemaking would amend 52 Pa. Code Chapters 1, 3, 5, 21, 23, 29 and 31. The authority for this regulation is section 501 of the Public Utility Code (66 Pa.C.S. § 501). The proposed regulation was published in the March 30, 1996 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on October 10, 1997.
This is essentially a deregulation package prompted in large part by the Federal Aviation Authorization Act of 1994 which amended the Interstate Commerce Act (49 U.S.C.A. § 41713(b)). The 1994 amendments to the Interstate Commerce Act preempted State regulation of motor carriers of property in the areas of rates, routes and service. The purpose of this regulation is to modify PUC's regulations to reflect its new regulatory role by excising economic regulation of motor carriers of property. This regulation also deletes the filing of annual reports requirement for both motor carriers of passengers and property.
The Senate Consumer Protection and Professional Licensure Committee approved this final-form regulation on October 28, 1997.
We have reviewed this regulation and find it to be in the public interest. This regulation streamlines the regulatory process for motor carriers by deleting unnecessary paperwork requirements from regulations.
Therefore, It Is Ordered That:
1. Regulation No. 57-166 from the Pennsylvania Public Utility Commission, as submitted to the Commission on October 10, 1997, is approved; and
2. The Commission will transmit a copy of this Order to the Legislative Reference Bureau.
Commissioners present: John R. McGinley, Jr., Chairperson; Robert J. Harbison, III, Vice Chairperson; Alvin C. Bush; Arthur Coccodrilli
Public Meeting held
November 6, 1997Pennsylvania Public Utility Commission; Water Service; Doc. No. 57-169
Order On April 30, 1996, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Public Utility Commission (PUC). This rulemaking would amend 52 Pa. Code Chapter 65. The authority for this regulation is contained in section 501 of the Public Utility Code (66 Pa.C.S. § 501). The proposed regulation was published in the May 11, 1996 edition of the Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on October 10, 1997.
The PUC is proposing to modify obsolete provisions relating to water service. The rulemaking is a part of the PUC's effort to delete obsolete and excessive regulations.
The PUC is proposing to make two specific amendments. The first will change the requirements for the testing of water meters. The proposed regulation will no longer require a removed meter to be tested for accuracy if it will be permanently removed and replaced by a new meter utilizing a remote reading device.
The second change will require water utilities to keep their books of account in conformity with Uniform System of Accounts for Class A, B or C water utilities as prescribed by the National Association of Regulatory Utility Commissioners.
The Senate Consumer Affairs and Professional Licensure Committee approved the final regulation on October 28,1997.
We have reviewed this regulation and find it to be in the public interest. The regulation will reduce the burdens of regulated water utilities by deleting unnecessary meter test requirements and providing for a more accurate accounting method.
Therefore, It Is Ordered That:
1. Regulation No. 57-169 from the Pennsylvania Public Utility Commission, as submitted to the Commission on October 10, 1997, is approved; and
2. The Commission will transmit a copy of this Order to the Legislative Reference Bureau.
____Commissioners present: John R. McGinley, Jr., Chairperson; Robert J. Harbison, III, Vice Chairperson; Alvin C. Bush; Arthur Coccodrilli
Public Meeting held
November 6, 1997Pennsylvania Public Utility Commission; Wastewater Utilities; Doc. No. 57-168
Order On April 30, 1996, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Public Utility Commission (PUC). This rulemaking would amend 52 Pa. Code Chapters 5, 37, 53, 55, 56, 65, 69 and 71. The authority for this regulation is 66 Pa.C.S. § 501. The proposed regulation was published in the May 18, 1996 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on October 10, 1997.
The proposal updates existing regulations with editorial changes. The terms ''sewage'' and ''sewerage'' are replaced with the term ''wastewater.'' References to ''DER'' are changed to ''DEP'' to reflect the name change of the Department of Environmental Protection.
We have reviewed this regulation and find it to be in the public interest. The revisions are the result of a general review by the PUC of its regulations in order to identify, modify and rescind obsolete and excessive rules and regulations. Updated nomenclature will make the terminology in the PUC's regulations consistent with current industry terminology.
Therefore, It Is Ordered That:
1. Regulation No. 57-168 from the Pennsylvania Public Utility Commission, as submitted to the Commission on October 10, 1997, is approved; and
2. The Commission will transmit a copy of this Order to the Legislative Reference Bureau.
Commissioners present: John R. McGinley, Jr., Chairperson; Robert J. Harbison, III, Vice Chairperson; Alvin C. Bush; Arthur Coccodrilli
Public Meeting held
November 6, 1997Pennsylvania Public Utility Commission; Residential Low Income Usage Reduction Programs; Doc. No. 57-179
Order On February 20, 1997, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Public Utility Commission (PUC). This rulemaking would amend 52 Pa. Code Chapter 58. The authority for this regulation is sections 501, 1501 and 1505(b) of the Public Utility Code (66 Pa.C.S. §§ 501, 1501 and 1505(b)). The proposed regulation was published in the March 8, 1997 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on October 10, 1997.
The primary purpose of this regulation is to continue the Residential Low Income Usage Reduction Program (LIURP). LIURP was initiated on January 28, 1988 and covered utilities were required to continue it for their low-income customers for 10 years under 52 Pa. Code § 58.3. This regulation would delete the 10-year limitation from § 58.3 and make minor modifications to Chapter 58.
The Senate Consumer Protection and Professional Licensure Committee approved this regulation on October 28, 1997.
We have reviewed this regulation and find it to be in the public interest. In response to comments, the PUC made minor modifications that clarified key provisions and improved the regulation. In addition, we also recommended that the PUC provide the public with an opportunity to review program data and PUC findings as to whether LIURP is cost-effective. As a result, the PUC will soon release an evaluation report for the 1995 program year and committed to releasing a LIURP evaluation report every 2 years.
Therefore, It Is Ordered That:
1. Regulation No. 57-179 from the Pennsylvania Public Utility Commission, as submitted to the Commission on October 10, 1997, is approved; and
2. The Commission will transmit a copy of this Order to the Legislative Reference Bureau.
Commissioners present: John R. McGinley, Jr., Chairperson; Robert J. Harbison, III, Vice Chairperson; Alvin C. Bush; Arthur Coccodrilli
Public Meeting held
November 6, 1997State Board of Nursing; Endorsement of Foreign Trained Nurses; Doc. No. 16A-512
Order On September 13, 1996, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Nursing (Board). This rulemaking amends 49 Pa. Code §§ 21.28(c) and 21.155(d). The authority for this regulation is sections 2.1(k), 4.1 and 7 of the Professional Nursing Law (63 P. S. §§ 212.1(k), 214.1 and 217) and section 17.6 of the Practical Nurses Law (63 P. S. § 667.6). The proposed regulation was published in the September 28, 1996 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on October 8, 1997.
This regulation revises the Board's procedures for allowing foreign trained nurses to practice in this Commonwealth. If foreign trained nurses have already completed the National Council Licensure Examination they may practice in this Commonwealth without examination if they have educational backgrounds that are equivalent to the standards required by this Commonwealth. Equivalency will be based on evaluations by the Commission on Graduates of Foreign Nursing Schools.
The final-form regulation contains no changes from the proposed regulation. We did not file any comments on the proposed regulation. Furthermore, it was approved on October 22, 1997, by the House Professional Licensure Committee and on October 28, 1997, by the Senate Consumer Protection and Professional Licensure Committee.
Therefore:
The Commission will notify the Legislative Reference Bureau that Regulation No. 16A-512 from the State Board of Nursing, as submitted to the Commission on October 8, 1997, was deemed approved under section 5(g) of the Regulatory Review Act on October 28, 1997.
JOHN R. MCGINLEY, Jr.,
Chairperson
[Pa.B. Doc. No. 97-1862. Filed for public inspection November 21, 1997, 9:00 a.m.]
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