NOTICES
INDEPENDENT REGULATORY REVIEW COMMISSION
Actions Taken by the Commission
[50 Pa.B. 3355]
[Saturday, July 4, 2020]The Independent Regulatory Review Commission met publicly at 10 a.m., Thursday, June 18, 2020, and announced the following:
Actions Taken—Regulations Approved:
Department of Conservation and Natural Resources # 7B-9: Snowmobile and All-Terrain Vehicle Grants (amends 17 Pa. Code Chapter 53)
State Board of Dentistry # 16A-4626: Child Abuse Reporting Requirements (amends 49 Pa. Code §§ 33.1, 33.250—33.257 and 33.401)
Environmental Quality Board # 7-543: Hazardous Waste Generator Improvements Rule (amends 25 Pa. Code Chapters 261a—265a)
Environmental Quality Board # 7-542: Unconventional Well Permit Application Fee Amendments (amends 25 Pa. Code Chapter 78a)
Environmental Quality Board # 7-546: Revision of the Maximum Allowable Sulfur Content Limit for No. 2 and Light Commercial Fuel Oil (amends 25 Pa. Code Chapter 123)
Pennsylvania Public Utility Commission # 57-319: Electricity Generation Customer Choice (amends 52 Pa. Code Chapter 54)
Action Taken—Regulation Disapproved: Order Not Yet Issued
*Pennsylvania Gaming Control Board # 125-228: General Table Games Provisions; Table Game Equipment; Electronic Table Games; Gaming Related Gaming Service Providers; Table Game Rules of Play
*Will advise when order is issued.
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Approval Order Public Meeting Held
June 18, 2020Commissioners Voting: George D. Bedwick, Chairperson; John F. Mizner, Esq., Vice Chairperson; John J. Soroko, Esq.; Murray Ufberg, Esq.; Dennis A. Watson, Esq
Department of Conservation and Natural Resources
Snowmobile and All-Terrain Vehicle Grants
Regulation No. 7B-9 (# 3188)On January 9, 2018, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Conservation and Natural Resources (Department). This rulemaking amends 17 Pa. Code Chapter 53. The proposed regulation was published in the January 20, 2018 Pennsylvania Bulletin with a public comment period ending on February 20, 2018. The final-form regulation was submitted to the Commission on January 23, 2020.
This regulation adds Chapter 53 to establish the criteria for ATV and snowmobile activities grant applicants to apply and be selected for a grant, as well as to establish the types of applicants and projects eligible for funding.
We have determined this regulation is consistent with the statutory authority of the Department (75 Pa.C.S. § 7706(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
June 18, 2020Commissioners Voting: George D. Bedwick, Chairperson; John F. Mizner, Esq., Vice Chairperson; John J. Soroko, Esq.; Murray Ufberg, Esq.; Dennis A. Watson, Esq.
State Board of Dentistry
Child Abuse Reporting Requirements
Regulation No. 16A-4626 (# 3198)On February 9, 2018, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Dentistry (Board). This rulemaking amends 49 Pa. Code §§ 33.1, 33.250—33.257 and 33.401. The proposed regulation was published in the February 24, 2018 Pennsylvania Bulletin with a public comment period ending on March 26, 2018. The final-form regulation was submitted to the Commission on February 13, 2020.
The regulation implements amendments to the Child Protective Services Law (23 Pa.C.S. §§ 6301—6386), including the requirements imposed by Act 31 of 2014 (P.L. 411, No. 31) on all health-related boards, to require licensees who are considered ''mandated reporters'' to complete mandatory training in child abuse recognition and reporting.
We have determined this regulation is consistent with the statutory authority of the Board (23 Pa.C.S. § 6383(b)(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
June 18, 2020Commissioners Voting: George D. Bedwick, Chairperson; John F. Mizner, Esq., Vice Chairperson; John J. Soroko, Esq.; Murray Ufberg, Esq.; Dennis A. Watson, Esq.
Environmental Quality Board
Hazardous Waste Generator Improvements Rule
Regulation No. 7-543 (# 3253)On February 14, 2020, the Independent Regulatory Review Commission (Commission) received this regulation from the Environmental Quality Board (Board). This rulemaking amends 25 Pa. Code Chapters 261a—265a. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.
This final-omitted regulation contains minor corrections and clarifications to ensure that Commonwealth regulations are consistent with provisions of the Federal Hazardous Waste Generator Improvements Rule regulations already incorporated by reference.
We have determined this regulation is consistent with the statutory authority of the Board (35 P.S. §§ 6018.105 and 6018.402, and 35 P.S. §§ 6020.303 and 6018.305(e)(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
June 18, 2020Commissioners Voting: George D. Bedwick, Chairperson; John F. Mizner, Esq., Vice Chairperson; John J. Soroko, Esq.; Murray Ufberg, Esq.; Dennis A. Watson, Esq.
Environmental Quality Board
Unconventional Well Permit Application Fee Amendments
Regulation No. 7-542 (# 3206)On July 2, 2018, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (EQB). This rulemaking amends 25 Pa. Code Chapter 78a. The proposed regulation was published in the July 14, 2018 Pennsylvania Bulletin with a public comment period ending on August 13, 2018. The final-form regulation was submitted to the Commission on February 14, 2020.
This final-form rulemaking increases the well permit application fees to $12,500 for all unconventional well permit applications. It also removes the definitions of ''nonvertical unconventional well'' and ''vertical unconventional well'' from EQB's existing regulations on unconventional wells.
We have determined this regulation is consistent with the statutory authority of EQB (58 Pa.C.S. §§ 3211(d), 3274 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.
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Approval Order Public Meeting Held
June 18, 2020Commissioners Voting: George D. Bedwick, Chairperson; John F. Mizner, Esq., Vice Chairperson; John J. Soroko, Esq.; Murray Ufberg, Esq.; Dennis A. Watson, Esq.
Environmental Quality Board
Revision of the Maximum Allowable Sulfur Content Limit for No. 2 and Lighter Commercial Fuel Oil
Regulation No. 7-546 (# 3238)On June 19, 2019, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (Board). This rulemaking amends 25 Pa. Code Chapter 123. The proposed regulation was published in the July 6, 2019 Pennsylvania Bulletin with a public comment period ending on September 9, 2019. The final-form regulation was submitted to the Commission on February 14, 2020.
This final-form regulation lowers the maximum allowable sulfur content limit for No. 2 and lighter commercial fuel oil from 500 parts per million to 15 parts per million.
We have determined this regulation is consistent with the statutory authority of the Board (35 P.S. § 4005(a)(1) and (8)) 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
June 18, 2020Commissioners Voting: George D. Bedwick, Chairperson; John F. Mizner, Esq., Vice Chairperson; John J. Soroko, Esq.; Murray Ufberg, Esq.; Dennis A. Watson, Esq.
Pennsylvania Public Utility Commission
Electricity Generation Customer Choice
Regulation No. 57-319 (# 3201)On March 13, 2018, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Public Utility Commission (PUC). This rulemaking amends 52 Pa. Code Chapter 54. The proposed regulation was published in the March 24, 2018 Pennsylvania Bulletin with a public comment period ending on May 22, 2018. The final-form regulation was submitted to the Commission on April 17, 2020.
This rulemaking amends the PUC's customer information regulations by requiring Electric Generation Suppliers (EGS) to provide customers with additional information regarding their EGS contracts. It also prohibits the imposition of early termination fees between the date an options notice is issued and the expiration of the contract.
We have determined this regulation is consistent with the statutory authority of the PUC (66 Pa.C.S. §§ 501(b), 2807(d)(2), 2809(b), 2802(9) and 2802(14)) 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.
GEORGE D. BEDWICK,
Chairperson
[Pa.B. Doc. No. 20-865. Filed for public inspection July 2, 2020, 9:00 a.m.]
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