§ 23.5. Board determination.
The EQB may refuse to accept a petition if it determines that one or more of the following conditions exist:
(1) The EQB has within the previous 2 years considered the issue addressed by the petition for rulemaking as part of an earlier decision concerning the adoption, amendment or deletion of a regulation.
(2) The action requested by the petitioner concerns a matter currently in litigation.
(3) The requested action is not appropriate for rulemaking by the EQB due to policy or regulatory considerations.
(4) The petition involves an issue previously considered by the EQB, and it does not contain information that is new or sufficiently different to warrant reconsideration of that decision. If a petition does present new or sufficiently different information, this information must have been either unavailable at the time of the EQB’s previous decision or not contained in the record of the proceeding in which the previous decision was made.
Source The provisions of this § 23.5 adopted March 10, 1989, effective immediately, retroactively applicable to July 19, 1988, 19 Pa.B. 1092; amended March 19, 1991, effective September 14, 1991, 21 Pa.B. 4116; amended September 22, 2000, effective September 23, 2000, 30 Pa.B. 4935. Immediately preceding text appears at serial pages (258028) and (243349).
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