NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Actions Taken by the Commission

[52 Pa.B. 4479]
[Saturday, August 6, 2022]

 The Independent Regulatory Review Commission met publicly at 10 a.m., Thursday, July 21, 2022, and announced the following:

Action Taken—Regulations Approved:

 Pennsylvania Public Utility Commission # 57-332: Diversity Reporting for Major Jurisdictional Utilities; Notice of Proposed Rulemaking (amends 52 Pa. Code Chapter 51 by adding Sections 51.11—51.14)

 Environmental Quality Board # 7-544: Control of VOC Emissions from Unconventional Oil and Natural Gas Sources (amends 25 Pa. Code Chapters 121 and 129 and adds 129.121—129.131)

 Board of Coal Mine Safety # 7-558: Prohibiting Electronic Liquid-Vaporizing Devices at Underground Bituminous Coal Mines (amends 25 Pa. Code § 208.375 and adds 25 Pa. Code § 208.376)

 Environmental Quality Board # 7-565: Coal Refuse Disposal Revisions (amends 25 Pa. Code Chapters 88 and 90)

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Approval Order

Public Meeting Held
July 21, 2022

Commissioners Voting: George D. Bedwick, Chairperson; John F. Mizner, Esq., Vice Chairperson, Dissenting; John J. Soroko, Esq., Dissenting; Murray Ufberg, Esq.; Dennis A. Watson, Esq.

Pennsylvania Public Utility Commission—
Diversity Reporting for Major Jurisdictional Utilities; Notice of Proposed Rulemaking
Regulation No. 57-332 (# 3304)

 On May 24, 2021, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Public Utility Commission (PUC). This rulemaking amends 52 Pa. Code Chapter 51 by adding Sections 51.11—51.14. The proposed regulation was published in the June 5, 2021 Pennsylvania Bulletin with a public comment period ending on July 19, 2021. The final-form regulation was originally submitted to the Commission on May 20, 2022. It was withdrawn and simultaneously resubmitted on June 16, 2022.

 This final-form rulemaking will make diversity reporting mandatory for major jurisdictional utilities providing electric, natural gas, water, and wastewater services.

 We have determined this regulation is consistent with the statutory authority of the PUC (66 Pa.C.S. §§ 501 and 504) 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 21, 2022

Commissioners 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—
Control of VOC Emissions from Oil and
Natural Gas Sources
Regulation No. 7-544 (# 3256)

 On April 27, 2020, 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 129 and adds 129.121—129.131. The proposed regulation was published in the May 23, 2020 Pennsylvania Bulletin with a public comment period ending on July 27, 2020. The final-form regulation was submitted to the Commission on March 15, 2022. It was withdrawn on May 4, 2022 and resubmitted on June 16, 2022.

 This rulemaking amends Chapters 121 and 129 (relating to general provisions; and standards for sources) to establish Reasonably Available Control Technology (RACT) requirements and RACT emission limitations for unconventional oil and natural gas sources of volatile organic compound (VOC) emissions as required under the Clean Air Act.

 We have determined this regulation is consistent with the statutory authority of the Board (35 P.S. §§ 4005(a)(1) and 4005(a)(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.

____

Approval Order

Public Meeting Held
July 21, 2022

Commissioners Voting: George D. Bedwick, Chairperson; John F. Mizner, Esq., Vice Chairperson; John J. Soroko, Esq.; Murray Ufberg, Esq.; Dennis A. Watson, Esq.

Board of Coal Mine Safety—
Prohibiting Electronic Liquid-Vaporizing Devices at Underground Bituminous Coal Mines
Regulation No. 7-558 (# 3292)

 On February 25, 2021, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Board of Coal Mine Safety (Board). This rulemaking amends 25 Pa. Code § 208.375 and adds 25 Pa. Code § 208.376. The proposed regulation was published in the March 13, 2021 Pennsylvania Bulletin with a public comment period ending on April 12, 2021. The final-form regulation was submitted to the Commission on June 16, 2022.

 This final-form rulemaking amends smoking prohibitions at underground bituminous coal mines and adds civil penalties for individuals who violate the regulation.

 We have determined this regulation is consistent with the statutory authority of the Board (52 P.S. §§ 690-105(16), and 690-106.1(a) and (f)(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.

____

Approval Order

Public Meeting Held
July 21, 2022

Commissioners 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—
Coal Refuse Disposal Revisions
Regulation No. 7-565 (# 3318)

 On October 20, 2021, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (EQB). This rulemaking amends 25 Pa. Code Chapters 88 and 90. The proposed regulation was published in the November 6, 2021 Pennsylvania Bulletin with a public comment period ending on December 6, 2021. The final-form regulation was submitted to the Commission on June 16, 2022.

 This final-form regulation implements Act 74 of 2019 which addresses the differences between the Commonwealth's regulations and Federal regulations relating to temporary cessation of operations at coal refuse disposal sites. It also clarifies provisions related to the design of coal refuse disposal sites.

 We have determined this regulation is consistent with the statutory authority of the EQB (35 P.S. § 691.5, 52 P.S. § 30.53b and 52 P.S. § 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.

GEORGE D. BEDWICK, 
Chairperson

[Pa.B. Doc. No. 22-1181. Filed for public inspection August 5, 2022, 9:00 a.m.]

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