2114 Action taken by the Commission  

  • INDEPENDENT REGULATORY REVIEW COMMISSION

    Action Taken by the Commission

    [45 Pa.B. 6862]
    [Saturday, November 28, 2015]

     The Independent Regulatory Review Commission met publicly at 10 a.m., Thursday, November 12, 2015, and announced the following:

    Action Taken—Regulations Approved:

     Department of Labor and Industry #12-100: Uniform Construction Code (amends 34 Pa. Code Sections 401.1 and 403.21)

     Environmental Quality Board #7-487: Control of Volatile Organic Compound Emissions from Fiberglass Boat Manufacturing Materials (amends 25 Pa. Code Chapter 129)

     Board of Coal Mine Safety #7-488: Standards for Surface Facilities (amends 25 Pa. Code Chapter 208)

     Pennsylvania Public Utility Commission #57-307: Automatic Adjustment Clauses Related to Electric Default Service (amends 52 Pa. Code Sections 54.187 and 54.190)

    ____

    Approval Order

    Public Meeting Held
    November 12, 2015

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

    Department of Labor and Industry—
    Uniform Construction Code
    Regulation No. 12-100 (#3120)

     On September 22, 2015, the Independent Regulatory Review Commission (Commission) received this regulation from the Department of Labor and Industry (Department). This rulemaking amends 34 Pa. Code Sections 401.1 and 403.21. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.

     This regulation updates Pennsylvania's Uniform Construction Code to adopt the 2015 revisions to the International Code Council codes designated by the Uniform Construction Code Review and Advisory Council.

     We have determined this regulation is consistent with the statutory authority of the Department (35 P. S. § 7210.304(a)(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
    November 12, 2015

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

    Environmental Quality Board—
    Control of Volatile Organic Compound Emissions from Fiberglass Boat Manufacturing Materials
    Regulation No. 7-487 (#3066)

     On July 8, 2014, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (EQB). This rulemaking amends 25 Pa. Code Chapter 129. The proposed regulation was published in the July 19, 2014 Pennsylvania Bulletin with a 65-day public comment period. The final-form regulation was submitted to the Commission on September 9, 2015.

     This regulation adds requirements for reasonably available control technology (RACT) and RACT emission limitations for stationary sources of volatile organic compound emissions from fiberglass boat manufacturing materials including open molding resins, gel coats and cleaning materials.

     We have determined this regulation is consistent with the statutory authority of the EQB (35 P. S. § 4005(a)(1) and (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
    November 12, 2015

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

    Board of Coal Mine Safety—
    Standards for Surface Facilities
    Regulation No. 7-488 (#3067)

     On July 17, 2014, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Board of Coal Mine Safety (Board). This rulemaking amends 25 Pa. Code Chapter 208. The proposed regulation was published in the August 2, 2014 Pennsylvania Bulletin with a 31-day public comment period. The final-form regulation was submitted to the Commission on September 9, 2015.

     This final-form regulation incorporates by reference existing Federal regulations that broadly relate to the surface work areas of underground coal mines, thereby making them independently enforceable by the Commonwealth.

     We have determined this regulation is consistent with the statutory authority of the Board (52 P. S. § 690-106.1) 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
    November 12, 2015

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

    Pennsylvania Public Utility Commission—
    Automatic Adjustment Clauses Related to
    Electric Default Service
    Regulation No. 57-307 (#3088)

     On February 27, 2015, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Public Utility Commission (PUC). This rulemaking amends 52 Pa. Code Sections 54.187 and 54.190. The proposed regulation was published in the March 14, 2015 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on September 24, 2015.

     This regulation makes the interest rate the same for under collections and over collections.

     We have determined this regulation is consistent with the statutory authority of the PUC (66 Pa.C.S. § 501) 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, 
    Vice Chairperson

    [Pa.B. Doc. No. 15-2114. Filed for public inspection November 25, 2015, 9:00 a.m.]

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