1909 Action taken by the Commission

INDEPENDENT REGULATORY REVIEW COMMISSION

Action Taken by the Commission

[38 Pa.B. 5818]
[Saturday, October 18, 2008]

   The Independent Regulatory Review Commission met publicly at 10:30 a.m., Thursday, October 2, 2008, and announced the following:

Regulations Approved:

   Pennsylvania Gaming Control Board #125-84: Releases (amends 58 Pa. Code Chapters 405a, 407a, 421a, 433a and 435a)

   State Conservation Commission #7-418: Facility Odor Management (establishes 25 Pa. Code Chapter 83, Subchapter G)

   Environmental Quality Board #7-423: Radiological Health and Radon Certification Fees (amends 25 Pa. Code Chapters 218 and 240)

   Environmental Quality Board #7-403: Water Resources Planning (amends Chapter 109 and adds Chapter 110 to Title 25 Pa. Code)

   Department of Labor and Industry #12-71: Registration of Sign Language Interpreters and Transliterators (adds 34 Pa. Code Chapter 501)

____

Approval Order

Public Meeting held
October 2, 2008

Commissioners Voting: Arthur Coccodrilli, Chairperson; Alvin C. Bush, Vice Chairperson; Nancy Sabol Frantz, Esq., by Phone; Karen A. Miller; John F. Mizner, Esq.

Pennsylvania Gaming Control Board--Releases;
Regulation No. 125-84 (#2691)

   On April 21, 2008, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Gaming Control Board (Board). This rulemaking amends 58 Pa. Code Chapters 405a, 407a, 421a, 433a and 435a. The proposed regulation was published in the May 3, 2008 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on August 28, 2008.

   This final-form regulation amends existing Board regulations to require that certain applicants must execute releases that will enable the Board to receive information under a request for information under the Freedom of Information Act (5 U.S.C. § 552).

   We have determined this regulation is consistent with the statutory authority of the Board (4 Pa.C.S. § 1202(b)(30)) 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
October 2, 2008

Commissioners Voting: Arthur Coccodrilli, Chairperson; Alvin C. Bush, Vice Chairperson; Nancy Sabol Frantz, Esq., by Phone; Karen A. Miller; John F. Mizner, Esq.

State Conservation Commission--
Facility Odor Management;
Regulation No. 7-418 (#2634)

   On August 22, 2007, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Conservation Commission (SCC). This rulemaking establishes 25 Pa. Code Chapter 83, Subchapter G. The proposed regulation was published in the September 1, 2007 Pennsylvania Bulletin with a 60-day public comment period. The final-form regulation was submitted to the Commission on August 28, 2008.

   This regulation implements part of Act 38 of 2005 by requiring certain concentrated animal operations and concentrated animal feeding operations to file and implement odor management plans.

   We have determined this regulation is consistent with the statutory authority of the SCC (3 Pa.C.S. § 504(1.1)) 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
October 2, 2008

Commissioners Voting: Arthur Coccodrilli, Chairperson; Alvin C. Bush, Vice Chairperson; Nancy Sabol Frantz, Esq., by Phone; Karen A. Miller; John F. Mizner, Esq.

Environmental Quality Board--
Radiological Health and Radon Certification Fees;
Regulation No. 7-423 (#2681)

   On March 4, 2008, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (Board). This rulemaking amends 25 Pa. Code Chapters 218 and 240. The proposed regulation was published in the March 15, 2008 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on August 29, 2008.

   This regulation increases existing fees for the registrations, certifications, licenses and permits for radiation-producing machines, accelerators, radiation-producing machine service providers, radioactive materials, and radon detection and mitigation service providers. This is necessary to cover the costs of these regulatory programs and maintain compliance with the rules and standards of the U.S. Nuclear Regulatory Commission.

   We have determined this regulation is consistent with the statutory authority of the Board (35 P. S. §§ 7110.301, 7110.302 and 7110.401, 71 P. S. § 510-20, and 63 P. S. § 2008) 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
October 2, 2008

Commissioners Voting: Arthur Coccodrilli, Chairperson; Alvin C. Bush, Vice Chairperson; Nancy Sabol Frantz, Esq., by Phone; Karen A. Miller; John F. Mizner, Esq.

Environmental Quality Board--
Water Resources Planning;
Regulation No. 7-403 (#2585)

   On November 17, 2006, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (Board). This rulemaking amends Chapter 109 and adds Chapter 110 to Title 25 Pa. Code. The proposed regulation was published in the December 2, 2006 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on August 29, 2008.

   This final-form regulation implements portions of Act 220 of 2002 which requires the Department of Environmental Protection to gather data on water use, need and availability, and to develop a State Water Plan.

   We have determined this regulation is consistent with the statutory authority of the Board (27 Pa.C.S. § 3118(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.

____

Approval Order

Public Meeting held
October 2, 2008

Commissioners Voting: Arthur Coccodrilli, Chairperson; Alvin C. Bush, Vice Chairperson; Nancy Sabol Frantz, Esq., by Phone; Karen A. Miller; John F. Mizner, Esq.

Department of Labor and Industry--
Registration of Sign Language Interpreters and Transliterators;
Regulation No. 12-71 (#2556)

   On July 10, 2006, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Labor and Industry (Department). This rulemaking adds 34 Pa. Code Chapter 501. The proposed regulation was published in the July 22, 2006 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on July 8, 2008. At its August 21, 2008 public meeting, the Commission voted to disapprove the final-form regulation. On September 15, 2008, the Department submitted its report containing the revised final-form regulation to the Commission.

   This rulemaking implements the Sign Language Interpreter and Transliterator State Registration Act of 2004.

   We have determined this regulation is consistent with the statutory authority of the Department (63 P. S. § 1725.3(4)) 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. 08-1909. Filed for public inspection October 17, 2008, 9:00 a.m.]