NOTICES
INDEPENDENT REGULATORY REVIEW COMMISSION
Action Taken by the Commission
[40 Pa.B. 5106]
[Saturday, September 4, 2010]The Independent Regulatory Review Commission met publicly at 10 a.m., Thursday, August 19, 2010, and announced the following:
Action Taken—Regulations Approved:
Department of Transportation #18-411: School Bus Drivers (amends 67 Pa. Code Chapter 71)
Department of Transportation #18-410: Physical and Mental Criteria, Including Vision Standards relating to the Licensing of Drivers (amends 67 Pa. Code Chapter 83)
State Board of Social Workers, Marriage/Family Therapists and Professional Counselors #16A-6911: Code of Ethical Practice and Standards of Professional Conduct (49 Pa. Code Chapters 47, 48 and 49)
Environmental Quality Board #7-451: Water Quality Standards Implementation (amends 25 Pa. Code Chapter 96)
Environmental Quality Board #7-443: National Pollutant Discharge Elimination System (NPDES) Permitting, Monitoring and Compliance (deletes 25 Pa. Code Chapter 92 and replaces it with Chapter 92a)
Environmental Quality Board #7-444: Outdoor Wood-Fired Boilers (amends 25 Pa. Code Chapters 121 and 123)
State Board of Education #6-322: Academic Standards and Assessment (amends 22 Pa. Code Chapter 4)
Department of Agriculture #2-170: Canine Health Board Standards for Commercial Kennels (deletes the Statement of Policy at 7 Pa. Code Chapter 28 and replaces it with a regulation at 7 Pa. Code 28a)
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Approval Order Public Meeting held
August 19, 2010Commissioners Voting: Arthur Coccodrilli, Chairperson; George D. Bedwick, Vice Chairperon; S. David Fineman, Esq., by Phone; Silvan B. Lutkewitte, III; John F. Mizner, Esq.
Department of Transportation—
School Bus Drivers;
Regulation No. 18-411 (#2704)On June 18, 2008, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Transportation (Department). This rulemaking amends 67 Pa. Code Chapter 71. The proposed regulation was published in the June 28, 2008 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on July 7, 2010.
This regulation updates and clarifies existing provisions that set forth eligibility requirements for school bus drivers who have diabetes mellitus.
We have determined this regulation is consistent with the statutory authority of the Department (75 Pa.C.S. § 1509) 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
August 19, 2010Commissioners Voting: Arthur Coccodrilli, Chairperson; George D. Bedwick, Vice Chairperson; S. David Fineman, Esq., by Phone; Silvan B. Lutkewitte, III; John F. Mizner, Esq.
Department of Transportation—Physical and
Mental Criteria, Including Vision Standards
Relating to the Licensing of Drivers;
Regulation No. 18-410 (#2705)On June 18, 2008, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Transportation (Department). This rulemaking amends 67 Pa. Code Chapter 83. The proposed regulation was published in the June 28, 2008 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on July 7, 2010.
This regulation updates the minimum medical requirements and standards for drivers with diabetes mellitus, including physician reporting requirements and waivers for disqualification of drivers under certain circumstances.
We have determined this regulation is consistent with the statutory authority of the Department (75 Pa.C.S. §§ 1517, 1518 and 6103) 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
August 19, 2010Commissioners Voting: Arthur Coccodrilli, Chairperson; George D. Bedwick, Vice Chairperson; S. David Fineman, Esq., by Phone; Silvan B. Lutkewitte, III; John F. Mizner, Esq.
State Board of Social Workers, Marriage/Family
Therapists and Professional Counselors—
Code of Ethical Practice and Standards of
Professional Conduct; Regulation No. 16A-6911 (#2701)On June 4, 2008, 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 Chapters 47, 48 and 49. The proposed regulation was published in the June 14, 2008 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on July 14, 2010.
This regulation sets forth ethics and professional conduct standards for the Board's licensees.
We have determined this regulation is consistent with the statutory authority of the State Board (63 P. S. § 1906(2)) 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
August 19, 2010Commissioners Voting: Arthur Coccodrilli, Chairperson; George D. Bedwick, Vice Chairperson; S. David Fineman, Esq., by Phone; Silvan B. Lutkewitte, III; John F. Mizner, Esq.
Environmental Quality Board—
Water Quality Standards Implementation;
Regulation No. 7-451 (#2821)On February 3, 2010, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (Board). This rulemaking amends 25 Pa. Code Chapter 96. The proposed regulation was published in the February 13, 2010 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on July 16, 2010.
This regulation provides methods for facilities subject to limits for nitrogen, phosphorus and sediment to meet those limits by working with other facilities and/or nonpoint sources. The regulation also assists with achievement of Chesapeake Bay nutrient reduction goals from the agriculture sector. Finally, it codifies, with revisions, the Department of Environmental Protection's existing guidance on nutrient and sediment credit trading.
We have determined this regulation is consistent with the statutory authority of the Board (35 P. S. §§ 691.5(b), 691.202, 691.307 and 691.402) 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.
____
Approval Order Public Meeting held
August 19, 2010Commissioners Voting: Arthur Coccodrilli, Chairperson; George D. Bedwick, Vice Chairperson; S. David Fineman, Esq., by Phone; Silvan B. Lutkewitte, III; John F. Mizner, Esq.
Environmental Quality Board—
National Pollutant Discharge Elimination System (NPDES) Permitting, Monitoring and Compliance;
Regulation No. 7-443 (#2819)On January 27, 2010, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (Board). This rulemaking deletes 25 Pa. Code Chapter 92 and replaces it with Chapter 92a. The proposed regulation was published in the February 13, 2010 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on July 16, 2010.
This final regulation updates the National Pollutant Discharge Elimination Systems permitting program for point source discharges of treated wastewater and stormwater.
We have determined this regulation is consistent with the statutory authority of the Board (35 P. S. § 691.5(b)(1)) 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
August 19, 2010Commissioners Voting: Arthur Coccodrilli, Chairperson; George D. Bedwick, Vice Chairperson; S. David Fineman, Esq., by Phone; Silvan B. Lutkewitte, III; John F. Mizner, Esq.
Environmental Quality Board—
Outdoor Wood-Fired Boilers;
Regulation No. 7-444 (#2802)On October 6, 2009, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (Board). This rulemaking amends 25 Pa. Code Chapters 121 and 123. The proposed regulation was published in the October 17, 2009 Pennsylvania Bulletin with a 79-day public comment period. The final-form regulation was submitted to the Commission on July 16, 2010.
This final-form rulemaking establishes particulate matter emission standards, setback, stack height, and allowable fuel requirements for installed outdoor wood-fired boilers (OWBs). It provides exemptions for existing OWBs, OWBs shipped and used outside of the Commonwealth, and existing inventory sold or received before June 1, 2010.
We have determined this regulation is consistent with the statutory authority of the Board (35 P. S. §§ 4004.2 and 4005(a)(1)) 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.
____
Approval Order Public Meeting held
August 19, 2010Commissioners Voting: Arthur Coccodrilli, Chairperson; George D. Bedwick, Vice Chairperson; S. David Fineman, Esq., by Phone; Silvan B. Lutkewitte, III; John F. Mizner, Esq.
State Board of Education—
Academic Standards and Assessment;
Regulation No. 6-322 (#2859)On July 16, 2010, the Independent Regulatory Review Commission (Commission) received this regulation from the State Board of Education (Board). This rulemaking amends 22 Pa. Code Chapter 4. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.
The rulemaking revises academic standards in Reading, Writing, Speaking and Listening and Mathematics, with full implementation of the standards by July 1, 2013.
We have determined this regulation is consistent with the statutory authority of the Board (24 P. S. §§ 26-2603-B(d), (k) and 26-2606-B) 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
August 19, 2010Commissioners Voting: Arthur Coccodrilli, Chairperson; George D. Bedwick, Vice Chairperson; Silvan B. Lutkewitte, III, Dissenting; John F. Mizner, Esq.
Department of Agriculture—Canine Health
Board Standards for Commercial Kennels;
Regulation No. 2-170 (#2785)On September 1, 2009, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Agriculture (Department). This rulemaking deletes the Statement of Policy at 7 Pa. Code Chapter 28 and replaces it with a regulation at 7 Pa. Code 28a. The proposed regulation was published in the September 12, 2009 Pennsylvania Bulletin with a 45-day public comment period. The final-form regulation was submitted to the Commission on July 14, 2010.
This regulation establishes requirements and standards for the ventilation, lighting and flooring of primary enclosures for commercial dog kennels pursuant to the directives of Act 119 of 2008.
We have determined this regulation is consistent with the statutory authority of the Department (3 P. S. § 459-221(g)) 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. 10-1640. Filed for public inspection September 3, 2010, 9:00 a.m.]
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