INDEPENDENT REGULATORY REVIEW COMMISSION Notice of Comments Issued [46 Pa.B. 1291]
[Saturday, March 5, 2016]Section 5(g) of the Regulatory Review Act (71 P. S. § 745.5(g)) provides that the Independent Regulatory Review Commission (Commission) may issue comments within 30 days of the close of the public comment period. The Commission comments are based upon the criteria contained in section 5.2 of the Regulatory Review Act (71 P. S. § 745.5b).
The Commission has 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final-form regulation must be submitted within 2 years of the close of the public comment period or it will be deemed withdrawn.
Close of the Public IRRC Comments Reg No. Agency/Title Comment Period Issued 106-12 Environmental Hearing Board
Practice and Procedure
45 Pa.B. 7166 (December 19, 2015)1/19/16 2/18/16
Environmental Hearing Board Regulation #106-12 (IRRC #3126) Practice and Procedure February 18, 2016 We submit for your consideration the following comments on the proposed rulemaking published in the December 19, 2015 Pennsylvania Bulletin. Our comments are based on criteria in Section 5.2 of the Regulatory Review Act (71 P. S. § 745.5b). Section 5.1(a) of the Regulatory Review Act (71 P. S. § 745.5a(a)) directs the Environmental Hearing Board (Board) to respond to all comments received from us or any other source.
1. Section 1021.21. Representation.—Implementation procedures; Clarity.
The Board is proposing to add a comment to the end of this existing section regarding the Payment of Interest on Lawyers Trust Fund Account. How will the Board implement this provision? In order for this provision to be binding and enforceable, it must be part of the regulation, not a comment.
2. Section 1021.32. Filing.—Clarity.
Subsection (c)(3) includes a reference to the Board's electronic filing website. Where can parties find this electronic filing site? This information should be included in the final-form regulation.
3. Section 1021.51. Commencement, form and content.—Need; Clarity.
The changes being proposed under Subsection (c) are not explained in the Preamble to the rulemaking. Conversely, the Preamble states that changes are being made to Subsection (f), but the Annex does not show any changes to this subsection. In order for this Commission to determine if the rulemaking is in the public interest, we ask the Board to provide an explanation of why the changes to Subsection (c) are needed. If the Board does not intend to amend Subsection (f), we suggest that the Preamble be amended to reflect that fact.
4. Section 1021.101. Prehearing procedure.—Need.
Similar to our concern above, the changes being proposed under this section are not explained in the Preamble to the rulemaking. In order for this Commission to determine if the rulemaking is in the public interest, we ask the Board to provide an explanation of why the changes to this section are needed.
5. Section 1021.153. Amendment of interlocutory orders.—Clarity.
To improve the clarity of Subsection (d), we recommend that the opening phrase be changed from, ''Unless the Board acts'' to ''If the Board does not act.''
6. Section 1021.201. Composition of certified record on appeal to Commonwealth Court.—Possible conflict or duplication of statutes or existing regulations.
The Preamble states that language pertaining to a 20-day time frame for filing a petition is being deleted from this section because the rules of Commonwealth Court provide for a 40-day time frame. The Board cites 210 Pa. Code as the basis for this deletion. In the Preamble to the final-form rulemaking, we ask the Board to provide a more specific citation to the rules of the Commonwealth Court as it relates to this time frame.
JOHN F. MIZNER, Esq.,
Chairperson[Pa.B. Doc. No. 16-388. Filed for public inspection March 4, 2016, 9:00 a.m.]
