NOTICES
INDEPENDENT REGULATORY REVIEW COMMISSION
Actions Taken by the Commission
[53 Pa.B. 3055]
[Saturday, June 3, 2023]The Independent Regulatory Review Commission met publicly at 10 a.m., Thursday, May 18, 2023, and announced the following:
Regulations Deemed Approved Pursuant to Section 5(g) of the Regulatory Review Act—Effective May 18, 2023
Environmental Quality Board # 7-563: National Pollutant Discharge Elimination System (NPDES) Schedules of Compliance (amends 25 Pa. Code § 92a)
Actions Taken—Regulations Approved:
State Board of Medicine # 16A-4954: Temporary Graduate Perfusionist (amends 49 Pa. Code § 18.604)
State Board of Osteopathic Medicine # 16A-5332: Temporary Graduate Perfusionist License (amends 49 Pa. Code § 25.804)
PA State Civil Service Commission # 61-16: Rules of the Civil Service Commission (amends 4 Pa. Code §§ 93.6(b) and (c), 95.1—95.71, 97.1—97.63, 99.2, 99.11, 99.13—99.15, 99.21—99.25, 99.27, 99.32, 99.34, 99.41, 99.43, 99.52, 101.1—101.71, 103.5—103.23, 105.1, 105.3, 105.5, and 105.18)
Environmental Quality Board # 7-554: Noncoal Mining Clarifications and Corrections (amends 25 Pa. Code Chapter 77)
Environmental Quality Board # 7-557: Water Quality Standards—Dunbar Creek et al. Stream Redesignations (amends 25 Pa. Code Chapter 93)
Environmental Quality Board # 7-555: Radiation Safety Requirements for Non-Healing Arts Radiation Generating Devices (amends 25 Pa. Code Chapters 225 and 228, deletes 25 Pa. Code Chapter 227 and adopts 25 Pa. Code Chapter 227a)
Environmental Quality Board # 7-574: Radiological Health Fees (amends 25 Pa. Code Chapter 218)
Action Taken—Regulation Disapproved: Order Not Yet Issued
* Department of Human Services # 14-545: Subsidized Child Care Eligibility
* Will advise when order is issued.
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Approval Order Public Meeting Held
May 18, 2023Commissioners 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 Medicine—
Temporary Graduate Perfusionist
Regulation No. 16A-4954 (# 3365)On March 30, 2023, the Independent Regulatory Review Commission (Commission) received this regulation from the State Board of Medicine (Board). This rulemaking amends 49 Pa. Code § 18.604. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.
This final-omitted rulemaking conforms the Board's regulations to changes made to the Medical Practice Act by Act 119 of 2016.
We have determined this regulation is consistent with the statutory authority of the Board (63 P.S. §§ 422.8 and 422.13c(c) and (h)(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
May 18, 2023Commissioners 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 Osteopathic Medicine—
Temporary Graduate Perfusionist License
Regulation No. 16A-5332 (# 3366)On March 30, 2023, the Independent Regulatory Review Commission (Commission) received this regulation from the State Board of Osteopathic Medicine (Board). This rulemaking amends 49 Pa. Code § 25.804. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.
This final-omitted rulemaking conforms the Board's regulations to changes made to the Osteopathic Medicine Practice Act by Act 120 of 2016.
We have determined this regulation is consistent with the statutory authority of the Board (63 P.S. §§ 271.13c(c) and (h)(1) and 271.16) 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
May 18, 2023Commissioners Voting: George D. Bedwick, Chairperson; John F. Mizner, Esq., Vice Chairperson; John J. Soroko, Esq.; Murray Ufberg, Esq., dissenting; Dennis A. Watson, Esq., dissenting
State Civil Service Commission—
Rules of the Civil Service Commission
Regulation No. 61-13 (# 3371)On April 12, 2023, the Independent Regulatory Review Commission (Commission) received this regulation from the State Civil Service Commission (SCSC). This rulemaking amends 4 Pa. Code §§ 93.6(b) and (c), 95.1—95.71, 97.1—97.63, 99.2, 99.11, 99.13—99.15, 99.21—99.25, 99.27, 99.32, 99.34, 99.41, 99.43, 99.52, 101.1—101.71, 103.5—103.23, 105.1, 105.3, 105.5, and 105.18. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.
SCSC's authority for these regulations no longer exists and has been superseded by the promulgation of Act 71 of June 28, 2018 (Act 71). Under Act 71, SCSC is no longer responsible for the administration of classified service employment.
We have determined this regulation is consistent with the statutory authority of the SCSC (71 Pa.C.S.A. § 2201; 71 P.S. § 186; 45 P.S. §§ 1201, 1202, and 1204(3)) 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
May 18, 2023Commissioners 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—
Noncoal Mining Clarifications and Corrections
Regulation No. 7-554 (# 3291)On February 25, 2021, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (Board). This rulemaking amends 25 Pa. Code Chapter 77. The proposed regulation was published in the March 20, 2021 Pennsylvania Bulletin with a public comment period ending on May 4, 2021. The final-form regulation was submitted to the Commission on April 13, 2023.
This rulemaking updates and clarifies the requirements for mining noncoal minerals in the Commonwealth by making several technical revisions. These amendments include allowing an increase in air blast level, extending the time to activate a permit from three year to five years, setting a threshold for the amount of material that may be extracted during exploration and identifying the circumstances when a permit revision is needed.
We have determined this regulation is consistent with the statutory authority of the Board (52 P.S. § 3311(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
May 18, 2023Commissioners Voting: George D. Bedwick, Chairperson; John F. Mizner, Esq., Vice Chairperson; John J. Soroko, Esq., abstaining; Murray Ufberg, Esq.; Dennis A. Watson, Esq.
Environmental Quality Board—
Water Quality Standards; Dunbar Creek
et al. Stream Redesignations
Regulation No. 7-557 (# 3309)On June 24, 2021, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (Board). This rulemaking amends 25 Pa. Code Chapter 93. The proposed regulation was published in the July 31, 2021 Pennsylvania Bulletin with a public comment period ending on September 14, 2021. The final-form regulation was submitted to the Commission on April 13, 2023.
This final regulation updates and revises stream redesignations to levels that are appropriately protective based on testing by the Department of Environmental Protection.
We have determined this regulation is consistent with the statutory authority of the Board (35 P.S. §§ 691.5(b)(1) and 691.402, 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
May 18, 2023Commissioners 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—
Radiation Safety Requirements for Non-Healing Arts Radiation Generating Devices
Regulation No. 7-555 (# 3311)On July 14, 2021, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (Board). This rulemaking amends 25 Pa. Code Chapters 225 and 228, deletes 25 Pa. Code Chapter 227 and adopts 25 Pa. Code Chapter 227a. The proposed regulation was published in the August 14, 2021 Pennsylvania Bulletin with a public comment period ending on September 13, 2021. The final-form regulation was submitted to the Commission on March 21, 2023.
This final-form regulation amends radiation safety and technical requirements for industrial radiographic operations and non-healing arts radiation-producing devices. The regulation also updates standards to provide for technological advances in radiation technology.
We have determined this regulation is consistent with the statutory authority of the Board (35 P.S. §§ 7110.301(c) and 7110.302 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
May 18, 2023Commissioners 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—
Radiological Health Fees
Regulation No. 7-574 (# 3352)On August 10, 2022, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (Board). This rulemaking amends 25 Pa. Code Chapter 218. The proposed regulation was published in the August 27, 2022 Pennsylvania Bulletin with a public comment period ending on September 26, 2022. The final-form regulation was submitted to the Commission on April 13, 2023.
This final regulation increases 16 fees relating to accelerators, radiation-producing machines and vendors/service providers, and 38 fees relating to radioactive materials and decommissioning to sustain the Radiation Protection Program.
We have determined this regulation is consistent with the statutory authority of the Board (35 P.S. §§ 7110.301, 7110.302 and 7110.401 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.
GEORGE D. BEDWICK,
Chairperson
[Pa.B. Doc. No. 23-740. Filed for public inspection June 2, 2023, 9:00 a.m.]
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