NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Actions Taken by the Commission

[30 Pa.B. 2965]

   The Independent Regulatory Review Commission met publicly at 10:30 a.m., Thursday, May 25, 2000, and took the following action:

Regulations deemed approved under section 5(g) of the Regulatory Review Act--Effective May 24, 2000.

   State Board of Certified Real Estate Appraisers # 16A-7010: Qualifications for Certification (amends 49 Pa. Code Chapter 36).

Regulations Approved:

   State Board of Pharmacy # 16A-548: Application Fees (amends 49 Pa. Code § 27.91).

   Environmental Quality Board # 7-333A: Stream Redesignations; Buck Hill Creek, et al (amends 25 Pa. Code Chapter 93).

   Pennsylvania Municipal Retirement Board # 49-1: Revisions to Rules and Regulations (amends 16 Pa. Code Chapters 81, 83, 85, 87 and 91).

Regulations Disapproved:

   Environmental Quality Board # 7-333B: Stream Redesignation: Trout Run, Westmoreland County (amends 25 Pa. Code Chapter 93).

Commissioners Voting: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner

Public Meeting held
May 25, 2000

State Board of Pharmacy--Application Fees; Regulation No. 16A-548

Order

   On February 17, 1999, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Pharmacy (Board). This rulemaking amends 49 Pa. Code § 27.91. The authority for this regulation is section 8.2(a) of the Pharmacy Act (63 P. S. § 390-8.2(a)). The proposed regulation was published in the February 27, 1999 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on May 3, 2000.

   This regulation revises ten fees charged by the Board for various services. A recent audit determined that the fees for these services did not reflect the actual cost of providing the services. Two of the fees were reduced. The Board anticipates that 5,705 individuals will avail themselves of one or more of these services over the next 2-year period. Total costs to the regulated community during that time span will be $42,075. However, only those individuals requesting the services will be impacted.

   This regulation meets the criteria of the Regulatory Review Act.

Therefore, It Is Ordered That:

   1.  Regulation No. 16A-548 from the State Board of Pharmacy, as submitted to the Commission on May 3, 2000, is approved; and

   2.  The Commission will transmit a copy of this Order to the Legislative Reference Bureau.

Commissioners Voting: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson-by proxy; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner

Public Meeting held
May 25, 2000

Environmental Quality Board--Stream Redesignations; Buck Hill Creek, et al.; Regulation No. 7-333A

Order

   On March 23, 1998, 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 authority for this regulation is found in The Clean Streams Law (35 P. S. § 691.5, et seq.). The proposed regulation was published in the April 4, 1998 Pennsylvania Bulletin with a 60-day public comment period. The final-form regulation was submitted to the Commission on May 2, 2000.

   This rulemaking updates the designation of six streams in Monroe, Lebanon, Berks, Montgomery, Cameron, Potter and Somerset Counties. The streams were evaluated in comparison to the EQB's antidegredation rulemaking published as final on July 17, 1999. The EQB removed Trout Run, located in Westmoreland County, from this rulemaking. Trout Run is now addressed in EQB Regulation Number 7-333B. Additionally, the EQB removed Dunbar Creek, located in Fayette County. It will be addressed in a future rulemaking.

   This regulation meets the criteria of the Regulatory Review Act.

Therefore, It Is Ordered That:

   1.  Regulation No. 7-333A from the Environmental Quality Board, as submitted to the Commission on May 2, 2000, is approved; and

   2.  The Commission will transmit a copy of this Order to the Legislative Reference Bureau.

Commissioners Voting: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner

Public Meeting held
May 25, 2000

Pennsylvania Municipal Retirement Board--Revisions to Rules and Regulations; Regulation No. 49-1

Order

   On October 5, 1998, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Municipal Retirement Board (Board). This rulemaking amends 16 Pa. Code Chapters 81, 83, 85, 87 and 91. The authority for this regulation is section 881.104(10) of the Pennsylvania Municipal Retirement Law (53 P. S. § 881.104(10)). The proposed regulation was published in the October 17, 1998 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on April 26, 2000.

   The Board has updated its regulations by deleting provisions that are reiterations of those contained in the Pennsylvania Municipal Retirement Law and consolidating the remaining sections in response to Executive Order 1996-1.

   This regulation meets the criteria of the Regulatory Review Act.

Therefore, It Is Ordered That:

   1.  Regulation No. 49-1 from the Pennsylvania Municipal Retirement Board, as submitted to the Commission on April 26, 2000, is approved; and

   2.  The Commission will transmit a copy of this Order to the Legislative Reference Bureau.

Commissioners Voting: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III

Public Meeting held
May 25, 2000

Environmental Quality Board--Stream Redesignation (Trout Run, Westmoreland County); Regulation No. 7-333B

Order

   On March 23, 1998, 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 authority for this regulation is found in The Clean Streams Law (35 P. S. § 691.5, et seq.). The proposed regulation was published in the April 4, 1998 Pennsylvania Bulletin with a 60-day public comment period. The final-form regulation was submitted to the Commission on May 2, 2000.

   The portion of the Trout Run watershed above the Blairsville Reservoir is being designated Exceptional Value (EV). The portion below the reservoir and the reservoir itself will retain its current Cold Water Fishes designation. The stream report was reviewed in comparison to the EQB's new antidegradation rules published, as final, on July 17, 1999. This redesignation was originally proposed as part of the Buck Hill Creek stream redesignation rulemaking (EQB regulation number 7-333A). Due to controversy surrounding the EV designation, Trout Run was separated from the Buck Hill Creek rulemaking.

   The EV designation is based on a biological test of one water sample taken at a point just above the reservoir. At the proposed rulemaking stage, Tasman Resources, Ltd. (Tasman) and SMT Family Partnership (SMT) commented that more comprehensive sampling would demonstrate that Trout Run does not meet the criteria for an EV stream. They noted that spoil piles from an abandoned quarry are directly adjacent to the stream. Tasman and SMT also commented that sawdust and slab piles from timbering activities lie in close proximity to the stream. Our Comments on the proposed rulemaking questioned the reasonableness of the EV designation in light of existing and prior discharges.

   The Department of Environmental Protection's (DEP) response to this comment is that the benthic macroinvertebrate community is an excellent indicator of long-term water quality conditions. DEP further responded that the portion of Trout Run upstream from the reservoir scored 100% when compared to the EV reference stream in the region. Accordingly, any potential pollutants related to prior quarry operations or timbering activities have not had a wide-spread impact on the water quality.

   DEP's decision to test at only one reference station above the reservoir is questionable. If DEP had tested the stream at other locations above the reservoir, the results of the biological tests may have been different.

   We find that the EQB's reliance on the results of a biological test at only one location above the reservoir is unreasonable. The EQB has not demonstrated that the single sample is representative of the approximately 4.6 perennial and intermittent stream miles of the watershed proposed for designation as EV. For this reason, the regulation does not meet the criteria of the Regulatory Review Act.

Therefore, It Is Ordered That:

   1.  Regulation No. 7-333B from the Environmental Quality Board, as submitted to the Commission on May 2, 2000, is disapproved;

   2.  The Environmental Quality Board shall, within 7 days of receipt of this Order, notify the Governor, the designated Standing Committees of the House of Representatives and the Senate, and the Commission of its intention to either proceed with the promulgation of the regulation without revisions, to revise the regulation, or to withdraw the regulation. Failure to submit notification within the 7-day period shall constitute withdrawal of the regulation;

   3.  The Commission will transmit a copy of this Order to the Legislative Reference Bureau; and

   4.  This Order constitutes a bar to final publication of Regulation No. 7-333B under section 6(b) of the Regulatory Review Act.

JOHN R. MCGINLEY, Jr.,   
Chairperson

[Pa.B. Doc. No. 00-1001. Filed for public inspection June 9, 2000, 9:00 a.m.]

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