NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Actions Taken by the Commission

[38 Pa.B. 4045]
[Saturday, July 26, 2008]

   The Independent Regulatory Review Commission (Commission) met publicly at 10:30 a.m., Thursday, July 10, 2008, and announced the following:

Regulations Approved:

   State Board of Social Workers, Marriage and Family Therapists and Professional Counselors #16A-6915: Biennial Renewal Fees (amends 49 Pa. Code Chapter 47)

   Department of Agriculture #2-155: Odor Management Certification Program (adds 7 Pa. Code Chapter 130f)

   Pennsylvania Public Utility Commission #57-256: Implementation of the Pubic Utility Confidential Security Information Disclosure Protection Act (amends § 5.423 and adds Chapter 102 to Title 52 Pa. Code)

   Environmental Quality Board #7-401: Coal Mine Reclamation Fees and Reclamation of Bond Forfeiture Sites (amends 25 Pa. Code Chapter 86)

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Approval Order

Public Meeting held
July 10, 2008

Commissioners Voting: Arthur Coccodrilli, Chairperson; Alvin C. Bush, Vice Chairperson; Karen A. Miller

State Board of Social Workers, Marriage/Family Therapists and Professional Counselors--
Biennial Renewal Fees;
Regulation No. 16A-6915 (#2638)

   On September 19, 2007, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Social Workers, Marriage/Family Therapists and Professional Counselors (Board). This rulemaking amends 49 Pa. Code Chapter 47. The proposed regulation was published in the September 29, 2007, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on June 2, 2008.

   This regulation increases the biennial renewal fees for licensed social workers, clinical social workers, marriage and family therapists and professional counselors.

   We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. § 1918(c)) 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.

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Approval Order

Public Meeting held
July 10, 2008

Commissioners Voting: Arthur Coccodrilli, Chairperson; Alvin C. Bush, Vice Chairperson; Karen A. Miller; John F. Mizner, Esq.

Department of Agriculture--
Odor Management Certification Program;
Regulation No. 2-155 (#2647)

   On October 15, 2007, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Agriculture (Department). This rulemaking adds 7 Pa. Code Chapter 130f. The proposed regulation was published in the October 27, 2007, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on May 28, 2008.

   This regulation establishes the odor management certification program as required by Act 38 of 2005.

   We have determined this regulation is consistent with the statutory authority of the Department (3 Pa.C.S. § 508(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.

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Approval Order

Public Meeting held
July 10, 2008

Commissioners Voting: Arthur Coccodrilli, Chairperson; Alvin C. Bush, Vice Chairperson; Karen A. Miller; John F. Mizner, Esq.

Pennsylvania Public Utility Commission-- Implementation of the Public Utility Confidential Security Information Disclosure Protection Act;
Regulation No. 57-256 (#2651)

   On November 21, 2007, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Public Utility Commission (PUC). This rulemaking amends § 5.423 and adds Chapter 102 to Title 52 Pa. Code. The proposed regulation was published in the December 8, 2007, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on May 28, 2008.

   This regulation implements the Public Utility Confidential Security Information Disclosure Protection Act (35 P. S. §§ 2141.1--2141.6). The regulation includes filing procedures for public utilities submitting records containing confidential security information (CSI) to the PUC, for challenges to a utility's designation of records as CSI, and for requests to examine records containing CSI.

   We have determined this regulation is consistent with the statutory authority of the PUC (35 P. S. §§ 2141.1--2141.6; 66 Pa.C.S. § 501) 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.

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Approval Order

Public Meeting held
July 10, 2008

Commissioners Voting: Arthur Coccodrilli, Chairperson; Alvin C. Bush, Vice Chairperson; Karen A. Miller; John F. Mizner, Esq.

Environmental Quality Board--Coal Mine Reclamation Fees and Reclamation of Bond Forfeiture Sites;
Regulation No. 7-401 (#2557)

   On July 19, 2006, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (Board). This rulemaking amends 25 Pa. Code Chapter 86. The proposed regulation was published in the August 5, 2006 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on June 9, 2008.

   This final-form rulemaking incorporates amendments necessary to bring Pennsylvania's regulatory program into conformance with Federal standards for State coal mining regulatory programs. It amends existing provisions related to reclamation standards for coal mine sites where bonds have been forfeited and amends provisions related to reclamation fees, definitions and the Department of Environmental Protection's use of money for the reclamation of forfeited surface coal mine sites.

   We have determined this regulation is consistent with the statutory authority of the Board (52 P. S. §§ 30.53(b), 1396.4b(a), 1396.4(d), 1396.4(d.2) and 1406.7; 35 P. S. § 691.5; and 71 P. S. § 510-20) 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.

ARTHUR COCCODRILLI,   
Chairperson

[Pa.B. Doc. No. 08-1390. Filed for public inspection July 25, 2008, 9:00 a.m.]

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