NOTICES
INDEPENDENT REGULATORY REVIEW COMMISSION
Actions Taken by the Commission
[29 Pa.B. 5031] The Independent Regulatory Review Commission met publicly at 10:30 a.m., Thursday, September 9, 1999, and took the following actions:
Regulations Approved:
Environmental Quality Board #7-331: Surface and Underground Coal Mining (amends 25 Pa. Code Chapter 86).
Environmental Quality Board #7-344: Sewage Enforcement Officers Application Requirements for Certification (amends 25 Pa. Code Chapter 72).
Environmental Quality Board #7-341: Gasoline Volatility Requirements (amends 25 Pa. Code Chapters 121, 126 and 139).
Milk Marketing Board #47-6: Transactions Between Dealers and Producers--Uniform System of Accounts (amends 7 Pa. Code §§ 143.12, 143.14 and 149.24).
Department of Health #10-149B: Health Facility Licensure--Freestanding Ambulatory Surgical Facilities (amends 28 Pa. Code Chapters 551, 553, 555, 557, 559, 561, 563, 565, 567, 569, 571 and 573).
Department of Agriculture #2-107: Food Employe Certification (adds Chapter 76 to 7 Pa. Code).
____ Commissioners Present: Alvin C. Bush, Vice Chairperson, Arthur Coccodrilli, Robert J. Harbison, III, John F. Mizner
Public Meeting held
September 9, 1999Environmental Quality Board--Surface and Underground Coal Mining; Regulation No. 7-331
Order On February 2, 1998, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board. This rulemaking amends 25 Pa. Code Chapter 86. The authority for this regulation is sections 4.2(a) and 4.5 of the Surface Mining Conservation and Reclamation Act (52 P. S. §§ 1366.4b(a); and 1396.4e); sections 3.2(a) and 6.1 of the Coal Refuse Disposal Control Act (52 P. S. §§ 30.53b(a), and 30.56a); sections 5 and 315(h)--(o) of The Clean Streams Law (35 P. S. §§ 691.5 and 691.315 (h)--(o)); and sections 120-A and 1930-A of The Administrative Code of 1929 (71 P. S. §§ 510-20 and 510-30). The proposed regulation was published in the February 14, 1998, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on August 17, 1999.
The proposed regulation amends the general provisions for designating areas unsuitable for mining which were found to be more stringent than federal law. Changes were made in definitions for conformity with Federal regulations and make clarity changes which include procedures and notification requirements and the addition of metric equivalent measures.
We have reviewed this regulation and find it to be in the public interest. The amendments are a result of the Regulatory Basics Initiative initiated by the Department of Environmental Protection in August of 1995 and are consistent with Federal requirements.
Therefore, It Is Ordered That:
1. Regulation No. 7-331 from the Environmental Quality Board, as submitted to the Commission on August 17, 1999, is approved; and
2. The Commission will transmit a copy of this Order to the Legislative Reference Bureau.
____ Commissioners Present: Alvin C. Bush, Vice Chairperson, Arthur Coccodrilli, Robert J. Harbison, III, John F. Mizner
Public Meeting held
September 9, 1999Environmental Quality Board--Sewage Enforcement Officers Application Requirements for Certification; Regulation No. 7-344
Order On February 9, 1999, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board. This rulemaking amends 25 Pa. Code Chapter 72. The authority for this regulation is section 9 of the Pennsylvania Sewage Facilities Act (35 P. S. § 750.9) and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510.20). The proposed regulation was published in the February 20, 1999, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on August 3, 1999.
The regulation reduces the time period for Sewage Enforcement Officer (SEO) candidates to submit required documents to the State Board for Certification of SEOs prior to examination. The application and fee for the scheduled examination are now due 30 days prior to the scheduled examination. Documentation of successful completion of the precertification training course is now due no later than the commencement of the scheduled examination.
We have reviewed this regulation and find it to be in the public interest. The amendments will accommodate schedule changes necessary because of expanded training for SEOs. Candidates and their municipalities will no longer need to make separate travel arrangements for training and testing.
Therefore, It Is Ordered That:
1. Regulation No. 7-344 from the Environmental Quality Board, as submitted to the Commission on August 3, 1999, is approved; and
2. The Commission will transmit a copy of this Order to the Legislative Reference Bureau.
____ Commissioners Present: Alvin C. Bush, Vice Chairperson, Arthur Coccodrilli, Robert J. Harbison, III, John F. Mizner
Public Meeting held
September 9, 1999Environmental Quality Board--Gasoline Volatility Requirements; Regulation No. 7-341
Order On September 8, 1998, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (EQB). It amends Chapters 121, 126 and 139 of 25 Pa. Code. The authority for this regulation is section 5 of the Air Pollution Control Act (35 P. S. § 4005). The proposed rulemaking was published in the Pennsylvania Bulletin on September 26, 1998, with a 67-day public comment period. The final-form regulation was submitted to the Commission on August 3, 1999.
These amendments eliminate the use of Federal reformulated gasoline (RFG) as a compliant fuel in the Pittsburgh-Beaver Valley area during the ozone season (from May 1 to September 15) of each year. They respond to public concern that RFG is not a suitable alternative fuel for the Pittsburgh-Beaver Valley area because it contributes to emissions of volatile organic compounds that exceed the health-based standard for ground level ozone.
The amendments also include a technical correction in language referencing sampling procedures for fuel volatility. Finally, the final regulation reduces the on-site recordkeeping requirements for retail gasoline facilities.
We have reviewed this regulation and find it to be in the public interest. Approximately 2.8 to 3.0 million people in the affected seven counties will benefit from the sale of cleaner-burning low Reid Vapor Pressure (RVP) gasoline as the sole compliant fuel during the ozone season, starting in the year 2000. There will be no increased cost to the regulated community to produce compliant RVP gasoline because it is already widely used during the ozone season.
Therefore, It Is Ordered That:
1. Regulation No. 7-341 from the Environmental Quality Board, as submitted to the Commission on August 3, 1999, is approved; and
2. The Commission will transmit a copy of this Order to the Legislative Reference Bureau.
____ Commissioners Present: Alvin C. Bush, Vice Chairperson, Arthur Coccodrilli, Robert J. Harbison, III, John F. Mizner
Public Meeting held
September 9, 1999Milk Marketing Board--Transactions Between Dealers and Producers--Uniform System of Accounts; Regulation No. 47-6
Order On August 9, 1999, the Independent Regulatory Review Commission (Commission) received this regulation from the Milk Marketing Board (Board). This rulemaking amends 7 Pa. Code §§ 143.12, 143.14 and 149.24. The authority for this regulation is contained in sections 608 and 704 of the Milk Marketing Law (31 P. S. §§ 700j-608 and 700j-704) and section 5 of the Milk Producers' Security Act (31 P. S. § 626.5). Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.
The Board is amending its regulations relating to payments from milk dealers to milk producers to be consistent with United States Department of Agriculture (USDA) regulations. The amendments relate to dates by which milk dealers must make interim and final payments to producers, and the class of milk to be used as the basis of interim payments. The regulation also deletes an existing reference to a Board-published weekly payment schedule. Since no milk dealers pay on a weekly basis, the Board does not publish this payment schedule.
We have reviewed this regulation and find it to be in the public interest. The amendments will ensure that the Board's regulations are consistent with comparable USDA requirements.
Therefore, It Is Ordered That:
1. Regulation No. 47-6 from the Milk Marketing Board, as submitted to the Commission on August 9, 1999, is approved; and
2. The Commission will transmit a copy of this Order to the Legislative Reference Bureau.
____ Commissioners Present: Alvin C. Bush, Vice Chairperson, Arthur Coccodrilli, Robert J. Harbison, III, John F. Mizner
Public Meeting held
September 9, 1999Department of Health--Health Facility Licensure--Freestanding Ambulatory Surgical Facilities; Regulation No. 10-149B
Order On July 3, 1997, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Health (Department). This rulemaking amends 28 Pa. Code Chapters 551, 553, 555, 557, 559, 561, 563, 565, 567, 569, 571 and 573. The authority for this regulation is sections 801.1, 803 and 806 of the Health Care Facilities Act (35 P. S. §§ 448.101--448.904b). 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 March 30, 1999, but was withdrawn prior to Commission action. A revised final-form regulation was submitted to the Commission on April 14, 1999. The Department withdrew this revised regulation on May 3, 1999, and announced plans to hold additional meetings with interested parties. On August 4, 1999, the Department submitted the final-form regulation with additional revisions.
This regulation is a comprehensive update and revision of the provisions for licensure and operation of ambulatory surgical facilities. These facilities provide specialty or multispecialty outpatient surgical treatments. The rulemaking contains provisions relating to classification and licensure of facilities, qualifications of medical staff, surgical and anesthesia services, pediatric surgeries, quality assurance and improvement programs, medical records, laboratory and radiology services, and fire and safety services.
We have reviewed this regulation and find it to be in the public interest. This regulation represents a necessary and beneficial update of the existing licensure provisions for ambulatory surgical facilities. The provisions and standards of this regulation will help to insure that these facilities provide safe and efficient services for the care and treatment of their patients.
Therefore, It Is Ordered That:
1. Regulation No. 10-149B from the Department of Health, as submitted to the Commission on August 4, 1999, is approved; and
2. The Commission will transmit a copy of this Order to the Legislative Reference Bureau.
____ Commissioners Present: Alvin C. Bush, Vice Chairperson, Arthur Coccodrilli, Robert J. Harbison, III, John F. Mizner
Public Meeting held
September 9, 1999Department of Agriculture--Food Employe Certification; Regulation No. 2-107
Order On June 11, 1997, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Agriculture (Department). This rulemaking adds Chapter 76 to 7 Pa. Code. The authority for this regulation is the Food Employe Certification Act (3 Pa. C.S. § 6505). 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 July 20, 1999. On August 6, 1999, the Commission received a request from the Department to toll consideration of this final-form regulation to amend reinstatement provisions in § 76.15(d). On August 11, 1999, the Department submitted its revisions to the final-form regulation to the Commission.
This regulation will require most food establishments to have at least one supervisory employe who has undergone food safety training and passed a written examination evidencing food safety knowledge. Compliance is optional until July 1, 2001.
We have reviewed the revised final-form regulation and find it to be in the public interest. It implements the requirements of the Food Employe Certification Act and will serve as a safeguard of the public health.
Therefore, It Is Ordered That:
1. Regulation No. 2-107 from the Department of Agriculture, as revised on August 11, 1999, is approved; and
2. The Commission will transmit a copy of this Order to the Legislative Reference Bureau.
JOHN R. MCGINLEY, Jr.,
Chairperson
[Pa.B. Doc. No. 99-1640. Filed for public inspection September 24, 1999, 9:00 a.m.]
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