NOTICES
INDEPENDENT REGULATORY REVIEW COMMISSION
Actions Taken by the Commission
[31 Pa.B. 3370] The Independent Regulatory Review Commission met publicly at 10:30 a.m., Thursday, June 7, 2001, and took the following actions:
Regulations Approved:
No. 2140 Environmental Quality Board #7-359: Disinfectants and Disinfection Byproducts (amends 25 Pa. Code Chapter 109).
No. 2139 Environmental Quality Board #7-358: Interim Enhanced Surface Water Treatment (amends 25 Pa. Code Chapter 109).
No. 2120 Environmental Quality Board #7-349: Licensing of Blasters and Storage, Handling and Use of Explosives (amends 25 Pa. Code Chapters 210 and 211).
No. 2123 Environmental Quality Board #7-352: Coal Refuse Disposal (amends 25 Pa. Code Chapters 88 and 90).
No. 2125 Pennsylvania Public Utility Commission #57-217: Licensing Requirements for Natural Gas Suppliers (amends 52 Pa. Code § 3.551 and adds a new Chapter 62).
No. 2034 Department of Health #10-129: Head Injury Program (adds Chapter 4 to 28 Pa. Code).
____ Commissioners Voting: John R. McGinley, Jr, Chairperson, by proxy; Alvin C. Bush, Vice Chairperson, by phone; Arthur Coccodrilli; Robert J. Harbison, III, Acting Chairperson; John F. Mizner
Public Meeting held
June 7, 2001Environmental Quality Board; Disinfectants and Disinfection Byproducts; Regulation No. 7-359
On August 8, 2000, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (Board). This rulemaking amends 25 Pa. Code Chapter 109. The proposed regulation was published in the September 2, 2000, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on May 8, 2001.
This rulemaking regulates disinfection practices at public water systems to eliminate or minimize disinfection byproducts that cause harmful health effects. Commonwealth water systems will be required to comply with up to three new disinfectant residual standards.
We have determined this regulation is consistent with the statutory authority of the Board (35 P. S. § 721.4(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.
____ Commissioners Voting: John R. McGinley, Jr., Chairperson, by proxy; Robert J. Harbison, III, Acting Chairperson; Alvin C. Bush, Vice Chairperson, by phone; Arthur Coccodrilli; John F. Mizner
Public Meeting held
June 7, 2001Environmental Quality Board; Interim Enhanced Surface Water Treatment; Regulation No. 7-358
On August 8, 2000, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (Board). This rulemaking amends 25 Pa. Code Chapter 109. The proposed regulation was published in the September 2, 2000, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on May 8, 2001.
This rulemaking establishes Cryptosporidium removal requirements, water filtration standards and disinfection benchmarks to assure sufficient protection from waterborne bacterial pathogens.
We have determined this regulation is consistent with the statutory authority of the Board (35 P. S. § 721.4(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.
____ Commissioners Voting: John R. McGinley, Jr., Chairperson, by proxy; Alvin C. Bush, Vice Chairperson, by phone; Arthur Coccodrilli; Robert J. Harbison, III, Acting Chairperson; John F. Mizner
Public Meeting held
June 7, 2001Environmental Quality Board; Licensing of Blasters and Storage, Handling and Use of Explosives; Regulation No. 7-349
On May 17, 2000, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (Board). This rulemaking amends 25 Pa. Code Chapters 210 and 211. The proposed regulation was published in the June 3, 2000, Pennsylvania Bulletin with a 60-day public comment period. The final-form regulation was submitted to the Commission on May 8, 2001.
This regulation updates the standards and permitting procedures for the use, storage and handling of explosives for all surface applications including mining, construction and demolition activities. It also revises the criteria for obtaining and retaining a blaster's license and adds a new requirement for a blaster to obtain 8 hours of continuing education during the 3-year term of the license.
We have determined this regulation is consistent with the statutory authority of the Board (73 P. S. §§ 157, 161 and 166; 71 P. S. §§ 510-17, 510-20(b), 751-22 and 751-35; 43 P. S. § 25-2(f) and 52 P. S. §§ 1396.4(b) and 3311(e)) 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.
____ Commissioners Voting: John R. McGinley, Jr., Chairperson, by proxy; Alvin C. Bush, Vice Chairperson, by phone; Arthur Coccodrilli; Robert J. Harbison, III, Acting Chairperson; John F. Mizner
Public Meeting held
June 7, 2001Environmental Quality Board; Coal Refuse Disposal; Regulation No. 7-352
On May 31, 2000, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (Board). This rulemaking amends 25 Pa. Code Chapters 88 and 90. The proposed regulation was published in the June 17, 2000, Pennsylvania Bulletin with a 60-day public comment period. The final-form regulation was submitted to the Commission on May 8, 2001.
This rulemaking incorporates changes to the Coal Refuse Disposal Control Act as amended by Act 114 of 1994. The regulation encourages the use and reclamation of sites that were previously impacted by mining. It adds criteria for buffer zone variances, surface water protection systems and requirements relating to experimental practices.
We have determined this regulation is consistent with the statutory authority of the Board (52 P. S. §§ 30.53b and 1396.4b(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.
____ Commissioners Voting: John R. McGinley, Jr., Chairperson, by proxy; Alvin C. Bush, Vice Chairperson, by phone; Arthur Coccodrilli; Robert J. Harbison, III, Acting Chairperson; John F. Mizner
Public Meeting held
June 7, 2001Pennsylvania Public Utility Commission; Licensing Requirements for Natural Gas Suppliers; Regulation No. 57-217
On June 2, 2000, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Public Utility Commission (PUC). This rulemaking amends 52 Pa. Code § 3.551 and adds a new Chapter 62 (52 Pa. Code §§ 62.101--62.114). The proposed regulation was published in the June 17, 2000, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on May 3, 2001.
This final-form regulation implements the Natural Gas Choice and Competition Act of 1999 by establishing the application and performance requirements for an entity to be licensed as a natural gas supplier (NGS). Any entity seeking to become a licensed NGS in this Commonwealth must comply with this regulation.
We have determined this regulation is consistent with the statutory authority of the PUC (66 Pa.C.S. §§ 501, 2203(12) and 2208) 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.
____ Commissioners Voting: John R. McGinley, Jr., Chairperson, by proxy--abstained; Alvin C. Bush, Vice Chairperson, by phone; Arthur Coccodrilli; Robert J. Harbison, III, Acting Chairperson; John F. Mizner
Public Meeting held
June 7, 2001Department of Health; Head Injury Program; Regulation No. 10-129
On April 27, 1999, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Health (Department). This rulemaking adds Chapter 4 to 28 Pa. Code. The proposed regulation was published in the May 22, 1999, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on May 3, 2001. On May 22, 2001, the Commission received a request from the Department to toll consideration of this final-form regulation to make minor clarifications. On May 24, 2001, the Department submitted its revisions to the final-form regulation to the Commission.
This final regulation sets forth rules governing the Department's Head Injury Program (HIP). It describes the type of services available, duration of services and eligibility criteria for applicants. Each individual who qualifies for the HIP will receive up to 1 year of rehabilitation services and 18 months of case management services.
We have determined this regulation is consistent with the statutory authority of the Department (35 P. S. § 6934(e)) 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.
ROBERT J. HARBISON, III,
Acting Chairperson
[Pa.B. Doc. No. 01-1143. Filed for public inspection June 22, 2001, 9:00 a.m.]
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