PROPOSED RULEMAKING
ENVIRONMENTAL
QUALITY BOARD
[25 PA. CODE CH. 72]
Sewage Enforcement Officers Application Requirements for Certification
[29 Pa.B. 979] The Environmental Quality Board (Board) proposes to amend Chapter 72 (relating to administration of sewage facilities permitting program). The amendment is being proposed to clarify requirements relating to applications for certification of sewage enforcement officers (SEOs) outlined in § 72.54 (relating to applications for certification) to read as set forth in Annex A.
This notice is given under Board order at its meeting of December 15, 1998.
A. Effective Date
This proposed amendment will go into effect upon publication in the Pennsylvania Bulletin as final rulemaking.
B. Contact Persons
For further information, contact Glenn Maurer, Director, Bureau of Water Quality Protection, 11th Floor, Rachel Carson State Office Building, 400 Market Street, P. O. Box 8465, Harrisburg, PA 17105-8465 (717) 787-2666, or William S. Cumings, Jr., Assistant Counsel, Bureau of Regulatory Counsel, 9th Floor, Rachel Carson State Office Building, 400 Market Street, P. O. Box 8464, Harrisburg, PA 17105-8464, (717) 787-7060. Information regarding submitting comments on this proposal appears in Section H of this Preamble. Persons with a disability may use the AT&T Relay Service by calling (800) 654-5984 (TDD users) or (800) 654-5988 (voice users). This proposal is available electronically through the DEP Web site at http://www.dep.state.pa.us.
C. Statutory Authority
The proposed rulemaking is made under the authority of section 9 of the Pennsylvania Sewage Facilities Act (act) (35 P. S. § 750.9) and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510.20).
D. Background, Purpose and Summary of Proposed Regulatory Revision
This proposed amendment is intended to clarify the requirements of § 72.54(a) relating to application requirements for persons who submit applications for certification as SEOs within this Commonwealth. Section 8(b) of the act (35 P. S. § 750.8) provides that local agencies, which include counties, municipalities and multimunicipal local agencies, are required to ''employ an adequate number of sewage enforcement officers or contract with individuals, firms or corporations to adequately perform the services of sewage enforcement officers to administer the [permitting requirements] of this act . . . in accordance with the rules and regulations of the department. No person shall be employed or contracted as a sewage enforcement officer unless said person has been certified by the department pursuant to standards set by the Environmental Quality Board.''
The State Board for Certification of Sewage Enforcement Officers (Certification Board), an entity of the Department of Environmental Protection (Department) established under section 11 of the act (35 P. S. § 750.11), is responsible for the administration of examinations for the certification of sewage enforcement officers. The Department and the Certification Board have determined that it is necessary to amend § 72.54 to provide a more streamlined procedure for the submission of certain documentation to the Board by an applicant for certification as a sewage enforcement officer.
Section 72.54(a) requires that a candidate for certification as a SEO successfully complete precertification training courses prior to the certification examination. The Department is responsible for the administration of training programs for sewage enforcement officers, including precertification training. See 25 Pa. Code § 72.43(d). Beginning in April 1999, the precertification training will be provided to candidates for certification shortly before the scheduled examinations. Under existing § 72.54(a), applicants for certification are required to submit documentation of the successful completion of precertification training to the Board at least 40 days prior to the scheduled examination. Since the precertification training is intended to be provided to applicants less than 40 days prior to the scheduled examination, a conflict with the existing regulation will be created. Accordingly, the Department and the Certification Board believe it is necessary to propose an amendment to § 72.54(a) which will change the deadline for the submission of documentation of the successful completion of required precertification training from 40 days prior to the examination to ''no later than the commencement of the scheduled examination for which the precertification training was held.'' Until this proposed amendment is implemented, it will not be possible to link certification examinations with the precertification training courses.
The proposed amendment and associated SEO training and certification improvements have been discussed with the Sewage Advisory Committee and an advisory group to the PA State Association of Township Supervisors (PSATS) representing the SEO community and local government. PSATS is assisting the Department in administering SEO training. These advisory groups have indicated support for this proposed amendment toward allowing full implementation of the SEO training and certification improvements.
E. Benefits, Costs and Compliance
Executive Order 1996-1 provides for a cost/benefit analysis of a proposed amendment.
Benefits
Applicants for certification as SEOs will benefit from the proposed amendment because they will not need to submit documentation of the successful prerequisite training for certification until the commencement of the scheduled examinations, which will be held shortly after the conclusion of the training course.
Costs
There are no additional costs to the Commonwealth, its citizens or applicants for certification as SEOs associated with this proposal.
Compliance Costs
The proposed amendment is not expected to impose any additional compliance costs on the regulated community.
F. Sunset Review
This proposed amendment will be reviewed in accordance with the sunset review schedule published by the Department to determine whether the regulation effectively fulfills the goals for which it was intended.
G. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), the Department submitted a copy of the proposed rulemaking on February 9, 1999, to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the Senate and House Environmental Resources and Energy Committees. In addition to submitting the proposed amendment, the Department has provided IRRC and the Committees with a copy of a detailed regulatory analysis form prepared by the Department. A copy of this material is available to the public upon request.
If IRRC has objections to any portion of the proposed amendment, it will notify the Department within 10 days of the close of the Committees' review period. The notification shall specify the regulatory review criteria which have not been met by that portion. The Regulatory Review Act specifies detailed procedures for review by the Department, the Governor and the General Assembly before final publication of the amendment.
H. Public Comments
Written Comments--Interested persons are invited to submit comments, suggestions or objections regarding the proposed amendment to the Environmental Quality Board, P. O. Box 8477, Harrisburg, PA 17105-8477 (express mail; Rachel Carson State Office Building, 15th Floor, 400 Market Street, Harrisburg, PA 17101-2301). Comments submitted by facsimile will not be accepted. Comments, suggestions or objections must be received by the Board by March 22, 1999. Interested persons may also submit a summary of their comments to the Board. The summary may not exceed one page in length and must also be received by March 22, 1999. The one-page summary will be provided to each member of the Board in the agenda packet distributed prior to the meeting at which the final regulation will be considered.
Electronic Comments--Comments may be submitted electronically to the Board at RegComments@A1.dep.state.pa.us and must also be received by the Board by March 22, 1999. A subject heading of the proposal and a return name and address must be included in each transmission. If an acknowledgment of electronic comments is not received by the sender within 2 working days, the comments should be retransmitted to ensure receipt.
JAMES M. SEIF,
ChairpersonFiscal Note: 7-344. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 25. ENVIRONMENTAL PROTECTION
PART I. DEPARTMENT OF
ENVIRONMENTAL PROTECTION
Subpart C. PROTECTION OF NATURAL RESOURCES
ARTICLE I. LAND RESOURCES
CHAPTER 72. ADMINISTRATION OF SEWAGE FACILITIES PERMITTING PROGRAM
Subchapter D. CERTIFICATION OF SEWAGE ENFORCEMENT OFFICERS § 72.54. Applications for certification.
(a) Correctly completed applications[, documentation of the successful completion of required precertification training courses] and an application fee of $25 shall be received by the Board at least 40 days prior to the scheduled examinations. In addition, the applicant shall provide documentation of the successful completion of required precertification training courses to the Board no later than the commencement of the scheduled examination for which the precertification training course was held.
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[Pa.B. Doc. No. 99-266. Filed for public inspection February 19, 1999, 9:00 a.m.]
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