INDEPENDENT REGULATORY REVIEW COMMISSION Actions Taken by the Commission [31 Pa.B. 6120] The Independent Regulatory Review Commission met publicly at 10:30 a.m., Thursday, October 18, 2001, and took the following actions:
Regulations Deemed Approved under § 5(g) of the Regulatory Review Act--Effective October 12, 2001 Environmental Quality Board #7-363: Fees (amends Pa. Code 25 Chapter 218)
Regulations Approved:
Department of Public Welfare #14-468: General Principles for Rate and Price Setting (amends 55 Pa. Code Chapter 1187)
Department of Public Welfare #14-470: Disproportionate Share Incentive Program (amends 55 Pa. Code Chapter 1187)
Department of Public Welfare #14-453: Outpatient Drug and Alcohol Clinic Services (amends 55 Pa. Code §§ 1223.2, 1223.14 and 1223.41)
Environmental Quality Board #7-356: Administration of Land Recycling Program (amends 25 Pa. Code Chapter 250)
Environmental Quality Board #7-360: Radiological Health (amends 25 Pa. Code Chapters 221, 227 and 228)
Environmental Quality Board #7-355: Storage Tank Program (amends 25 Pa. Code Chapter 245)
Underground Storage Tank Indemnification Board: #11-179: Underground Storage Tank Indemnification Fund (amends 25 Pa. Code Chapter 977)
____Approval Order Commissioners Voting: John R. McGinley, Jr., Chairperson, by Phone; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner
Public Meeting held
October 18, 2001Department of Public Welfare; General Principles for Rate and Price Setting; Regulation No. 14-468
On September 4, 2001, the Independent Regulatory Review Commission (Commission) received this regulation from the Department of Public Welfare (Department). This rulemaking amends 55 Pa. Code, Chapter 1187. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.
This regulation extends the timeframe for transition payments to county nursing facilities for the period January 1, 1999, through June 30, 2003. The transition payments were negotiated between the Department and the County Commissioners Association of Pennsylvania in the Intergovernmental Transfer Agreement.
We have determined this regulation is consistent with the statutory authority of the Department (62 P. S. § 201(2)) 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 Commissioners Voting: John R. McGinley, Jr., Chairperson, by Phone; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner
Public Meeting held
October 18, 2001Department of Public Welfare; Disproportionate Share Incentive Payments; Regulation No. 14-470
On September 4, 2001, the Independent Regulatory Review Commission (Commission) received this regulation from the Department of Public Welfare (Department). This rulemaking amends 55 Pa. Code, Chapter 1187. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.
This regulation authorizes an increase to the disproportionate share incentive payments for nursing facilities for fiscal year 1999-2000, through fiscal year 2002-2003. This incentive will be used to encourage nursing facilities to admit individuals eligible for Medical Assistance (MA) and to give additional revenue to nursing facilities that serve a greater number of MA residents. The amendments are in response to the Intergovernmental Transfer Agreement between the Department and the County Commissioners Association of Pennsylvania.
We have determined this regulation is consistent with the statutory authority of the Department (62 P. S. § 201(2)) 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 Commissioners Voting: John R. McGinley, Jr., Chairperson, by Phone; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner
Public Meeting held
October 18, 2001Department of Public Welfare; Outpatient Drug and Alcohol Clinic Services; Regulation No. 14-453
On September 18, 2001, the Independent Regulatory Review Commission (Commission) received this regulation from the Department of Public Welfare. This rulemaking amends 55 Pa. Code §§ 1223.2, 1223.14 and 1223.41. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.
This final-omitted regulation codifies a Notice of Rule Change (NORC) that was originally published on March 7, 1998. The regulation updates the Medical Assistance participation requirements policy for drug and alcohol clinics to maintain consistency with the licensing provisions of the Department of Health. It also deletes out-of-date references.
We have determined this regulation is consistent with the statutory authority of the Department of Public Welfare (62 P. S. § 403(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 Commissioners Voting: John R. McGinley, Jr., Chairperson, by Phone; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner
Public Meeting held
October 18, 2001Environmental Quality Board; Administration of Land Recycling Program; Regulation No. 7-356
On July 11, 2000, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (Board). This rulemaking amends 25 Pa. Code Chapter 250. The proposed regulation was published in the August 5, 2000 Pennsylvania Bulletin with a 60-day public comment period. The final-form regulation was submitted to the Commission on September 21, 2001.
This final-form rulemaking updates existing land recycling regulations and is based on the 1998-99 land recycling program evaluation performed by the Department of Environmental Protection. These regulations incorporate current scientific information and policy clarifications to implement the Statewide health standard and attainment provisions. The rulemaking applies to contaminated sites in the Commonwealth, and affects owners, operators and purchasers of those sites, as well as those who remediate them.
We have determined this regulation is consistent with the statutory authority of the Board (35 P. S. §§ 6018.105(a), 6026.104(a), 6026.301(c) and 6026.303(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.
Approval Order Commissioners Voting: John R. McGinley, Jr., Chairperson, by Phone; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner
Public Meeting held
October 18, 2001Environmental Quality Board; Radiological Health; Regulation No. 7-360
On January 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 221, 227 and 228. The proposed regulation was published in the February 10, 2001 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on September 21, 2001.
This final-form rulemaking extends X-ray protection requirements to X-ray calibration facilities. The regulation also corrects errors from previous rulemakings, clarifies existing wording and makes modifications to accommodate changes in equipment since the last amendments in 1998.
We have determined this regulation is consistent with the statutory authority of the Board (35 P. S. §§ 7110.301 and 7110.302) 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 Commissioners Voting: John R. McGinley, Jr., Chairperson, by Phone; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner, recused
Public Meeting held
October 18, 2001Environmental Quality Board; Storage Tank Program; Regulation No. 7-355
On July 11, 2000, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (Board). This rulemaking amends 25 Pa. Code Chapter 245. The proposed regulation was published in the July 29, 2000, Pennsylvania Bulletin with a 60-day public comment period. The final-form regulation was submitted to the Commission on September 21, 2001.
This rulemaking updates Chapter 245 by adding, modifying and deleting several definitions. Consistent with the requirements in Act 2 of 1995, the rulemaking changes the corrective action process for owners and operators of storage tanks and storage tank facilities and other responsible parties.
We have determined this regulation is consistent with the statutory authority of the Environmental Quality Board (35 P. S. § 6021.106) 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 Commissioners Voting: John R. McGinley, Jr., Chairperson, by Phone; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner, recused
Public Meeting held
October 18, 2001Underground Storage Tank Indemnification Board; Underground Storage Tank Indemnification Fund; Regulation No. 11-179
On December 12, 2000, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Underground Storage Tank Indemnification Board (Board). This rulemaking amends 25 Pa. Code Chapter 977. The proposed regulation was published in the December 23, 2000, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on September 27, 2001.
The Board is deleting 25 Pa. Code, Chapters 971, 973 and 975 and replacing them with a consolidated regulation to improve administration of the Storage Tank and Spill Prevention Act. The Board is adding new sections on claims procedures, fees for certified companies and dispute resolution procedures.
We have determined this regulation is consistent with the statutory authority of the Underground Storage Tank Indemnification Board (35 P. S. § 6021.301) 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. 01-1984. Filed for public inspection November 2, 2001, 9:00 a.m.]
