2092 Notice of comments issued

Notice of Comments Issued

[30 Pa.B. 6296]

   Section 5(d) and (g) of the Regulatory Review Act (71 P. S. § 745.5(d) and (g)) provides that the designated standing committees may issue comments within 20 days of the close of the public comment period, and the Independent Regulatory Review Commission (Commission) may issue comments within 10 days of the close of the committees' comment period. The Commission's Comments are based upon the criteria contained in section 5.1(h) and (i) of the Regulatory Review Act (75 P. S. § 745.5a(h) and (i)).

   The Commission issued Comments on the following proposed regulation. The agency must consider these comments in preparing the final-form regulation. The final-form regulation must be submitted by the date indicated.

			Final-Form
			Submission
Reg. No.	Agency/Title	Issued	Deadline
7-345	Environmental Quality    Board    Host Municipality       Fund Allocation	11/16/00	10/16/02

Environmental Quality Board Regulation No. 7-354
Host Municipality Fund Allocation
November 16, 2000

   We submit for consideration the following objections and recommendations regarding this regulation. Each objection or recommendation includes a reference to the criteria in the Regulatory Review Act (71 P. S. §  745.5a(h) and (i)) which have not been met. The Environmental Quality Control Board (EQB) must respond to these Comments when it submits the final-form regulation. If the final-form regulation is not delivered by October 16, 2002, the regulation will be deemed withdrawn.

269a.221.  Allocation of the Fund.--Statutory authority.

   This section implements section 305(e) of the act (35 P. S. § 6020.305(e)), which, in part, lists the four criteria upon which the distribution of funds is to be based and requires that all four criteria be considered. The act does not authorize the deletion of any of these criteria.

   The proposed amendment deletes two of the statutory criteria from the existing regulation. These criteria are contained in subsection (d)(1)(i), relating to the toxicity, mobility and other characteristics of the hazardous waste and subsection (d)(1)(ii), relating to the proximity of the facility to persons or natural resources which would be endangered by the escape of the hazardous waste from the facility.

   We object to the deletion of criteria mandated by section 305(e) of the act. Therefore, these two criteria should be restored in the final-form regulation.

JOHN R. MCGINLEY, Jr.,   
Chairperson

[Pa.B. Doc. No. 00-2092. Filed for public inspection December 1, 2000, 9:00 a.m.]