INDEPENDENT REGULATORY REVIEW COMMISSION Action Taken by the Commission [41 Pa.B. 2502]
[Saturday, May 14, 2011]The Independent Regulatory Review Commission met publicly at 10 a.m., Thursday, April 28, 2011, and announced the following:
Action Taken—Regulations Approved:
Department of Labor and Industry #12-93: Responsibilities of Employers (amends 34 Pa. Code Chapter 63)
Environmental Quality Board #7-458: Incidental Coal Extraction, Bonding, Enforcement, Sediment Control and Remining Financial Guarantees (amends 25 Pa. Code Chapters 86, 87, 88, 89 and 90)
Joint Committee on Documents #53-9: Preliminary Provisions; Definitions (amends 1 Pa. Code Chapter 1)
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Approval Order Public Meeting held
April 28, 2011Commissioners Voting: Silvan B. Lutkewitte, III, Chairperson; George D. Bedwick, Vice Chairperson; Arthur Coccodrilli; John F. Mizner, Esq.; Lawrence J. Tabas, Esq.
Department of Labor and Industry—
Responsibilities of Employers;
Regulation No. 12-93 (#2869)On August 26, 2010, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Labor and Industry (Department). This rulemaking amends 34 Pa. Code Chapter 63. The proposed regulation was published in the September 11, 2010 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on February 24, 2011.
This regulation is a comprehensive update of 34 Pa. Code Chapter 63 titled ''Responsibilities of Employers'' to conform it to current law and practice.
We have determined this regulation is consistent with the statutory authority of the Department (43 P. S. § 761(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.
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Approval Order Public Meeting held
April 28, 2011Commissioners Voting: Silvan B. Lutkewitte, III, Chairperson; George D. Bedwick, Vice Chairperson; Arthur Coccodrilli; John F. Mizner, Esq., Dissenting; Lawrence J. Tabas, Esq., Dissenting
Environmental Quality Board—
Incidental Coal Extraction, Bonding, Enforcement, Sediment Control and Remining Financial Guarantees;
Regulation No. 7-458 (#2842)On April 21, 2010, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (Board). This rulemaking amends 25 Pa. Code Chapters 86, 87, 88, 89 and 90. The proposed regulation was published in the May 1, 2010 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on November 23, 2010, and then resubmitted again on February 28, 2011, at the conclusion of sine die adjournment.
This final-form rulemaking amends the Coal Mining Program to address regulatory program deficiencies identified by the Federal Office of Surface Mining Reclamation and Enforcement. It also amends the Remining Financial Guarantee Program regulations to reflect changes to the bonding systems.
We have determined this regulation is consistent with the statutory authority of the Board (35 P. S. § 691.5, and 52 P.S §§ 30.53b, 1396.4(a) and 1396.4(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.
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Approval Order Public Meeting held
April 28, 2011Commissioners Voting: Silvan B. Lutkewitte, III, Chairperson; George D. Bedwick, Vice Chairperson; Arthur Coccodrilli; John F. Mizner, Esq.; Lawrence J. Tabas, Esq.
Joint Committee on Documents—
Preliminary Provisions; Definitions;
Regulation No. 53-9 (#2861)On July 27, 2010, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Joint Committee on Documents (Committee). This rulemaking amends 1 Pa. Code Chapter 1. The proposed regulation was published in the August 7, 2010 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on March 22, 2011.
This regulation amends 1 Pa. Code Chapter 1 to add a definition of ''copy'' to include a printed or electronic version.
We have determined this regulation is consistent with the statutory authority of the Committee (45 Pa.C.S. § 503) 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.
SILVAN B. LUTKEWITTE, III,
Chairperson[Pa.B. Doc. No. 11-827. Filed for public inspection May 13, 2011, 9:00 a.m.]
