INDEPENDENT REGULATORY REVIEW COMMISSION Actions Taken by the Commission [32 Pa.B. 5816] The Independent Regulatory Review Commission met publicly at 10:30 a.m., Thursday, November 7, 2002, and took the following actions:
Regulations Deemed Approved under section 5(g) of the Regulatory Review Act--Effective October 29, 2002
Environmental Quality Board #7-375: Water Quality Standards Implementation--Chloride and Sulfate (amends 25 Pa. Code Chapter 96)
Regulations Approved
Professional Standards and Practices Commission #6-274: Definitions of Statutory Terms (amends 22 Pa. Code Chapter 237)
Environmental Quality Board #7-364: Hazardous Waste Management (amends 25 Pa. Code Chapters 260a--265a and 270a)
Environmental Quality Board #7-374: Great Lakes Initiative (amends 25 Pa. Code § 93.8a)
Approval Order Public Meeting held
November 7, 2002Commissioners Voting: John R. McGinley, Jr., Chairperson, by phone; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner
Professional Standards and Practices Commission--Definitions of Statutory Terms; Regulation No. 6-274
On June 11, 2002, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Professional Standards and Practices Commission (PSPC). This rulemaking amends 22 Pa. Code Chapter 237. The proposed regulation was published in the June 22, 2002, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on October 8, 2002.
This regulation modifies and establishes definitions of terms set forth in the Professional Educator Discipline Act (Act). The regulation: reflects amendments to the Act which expand the scope of the PSPC's jurisdiction to include discipline of charter school staff members; amends the definition of ''immorality'' referring to ''morals of the Commonwealth'' instead of the existing reference to ''morals of a community''; and adds a definition for the term ''surrender in lieu of discipline'' which is now considered public under the amendments to the Act.
We have determined this regulation is consistent with the statutory authority of the PSPC (24 P. S. § 2070.5(a)(11)) 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
November 7, 2002Commissioners Voting: John R. McGinley, Jr., Chairperson, by phone; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner
Environmental Quality Board--Hazardous Waste Management; Regulation No. 7-364
On November 29, 2001, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (Board). This rulemaking amends 25 Pa. Code Chapters 260a--265a and 270a. The proposed regulation was published in the December 15, 2001, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on October 8, 2002.
This regulation addresses issues that have emerged since the implementation of major amendments in May of 1999 under the Regulatory Basics Initiative. Specifically, this regulation reinstates provisions that were inadvertently deleted, clarifies ambiguous requirements, fixes minor typographical errors and inaccurate cross-references, and deletes redundant provisions.
We have determined this regulation is consistent with the statutory authority of the Environmental Quality Board (35 P. S. § 6018.105) 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
November 7, 2002Commissioners Voting: John R. McGinley, Jr., Chairperson, by phone; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner
Environmental Quality Board--Great Lakes Initiative; Regulation No. 7-374
On January 11, 2002, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (Board). This rulemaking amends 25 Pa. Code § 93.8a. The proposed regulation was published in the January 26, 2002, Pennsylvania Bulletin with a 45-day public comment period. The final-form regulation was submitted to the Commission on October 8, 2002.
This regulation will incorporate Federal requirements for the discharge of bioaccumulative chemicals of concern (BCCs). Specifically, the regulation will phase out the use of mixing areas in the calculation of allowable discharge limits for BCCs. A BCC is a chemical that enters surface waters, accumulates in aquatic organisms and poses a threat to human health.
We have determined this regulation is consistent with the statutory authority of the Environmental Quality Board (35 P. S. §§ 691.5(b)(1) and 691.402) 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.
JOHN R. MCGINLEY, Jr.,
Chairperson[Pa.B. Doc. No. 02-2108. Filed for public inspection November 22, 2002, 9:00 a.m.]
