INDEPENDENT REGULATORY REVIEW COMMISSION Action Taken by the Commission [44 Pa.B. 2965]
[Saturday, May 17, 2014]The Independent Regulatory Review Commission met publicly at 10 a.m., Thursday, April 10, 2014, and announced the following:
Action Taken—Regulations Approved:
Environmental Quality Board; #7-469: Flexible Packaging Printing Presses, Offset Lithographic Printing Presses and Letterpress Printing Presses, Adhesives, Sealants, Primers and Solvents (amends 25 Pa. Code Chapters 121, 129 and 130)
Environmental Quality Board; #7-483: Oil and Gas Well Fee Amendments (amends 25 Pa. Code §§ 78.1 and 78.19)
Department of Public Welfare; #14-535: Supplemental Ventilator Care Payment for Medical Assistance Nursing Facilities (amends 55 Pa. Code Chapters 1187 and 1189)
Pennsylvania Public Utility Commission; #57-288: Licensing Requirements for Natural Gas Suppliers (amends 52 Pa. Code §§ 62.101, 62.102 and 62.110)
Philadelphia Parking Authority; #126-3: Impoundment of Vehicles and Equipment (amends 52 Pa. Code Chapters 1017 and 1055)
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Approval Order Public Meeting Held
May 1, 2014Commissioners Voting: John F. Mizner, Esq., Chairperson; George D. Bedwick, Vice Chairperson; W. Russell Faber; Lawrence J. Tabas, Esq.; Dennis A. Watson, Esq.
Environmental Quality Board—
Flexible Packaging Printing Presses, Offset Lithographic Printing Presses and Letterpress Printing Presses, Adhesives, Sealants, Primers and Solvents;
Regulation No. 7-469 (#2930)On January 31, 2012, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (EQB). This rulemaking amends 25 Pa. Code Chapters 121, 129 and 130. The proposed regulation was published in the February 11, 2012 Pennsylvania Bulletin with a 65-day public comment period. The final-form regulation was submitted to the Commission on March 21, 2014.
This final-form rulemaking limits emissions of volatile organic compounds from inks, varnishes, coatings, adhesives, fountain solutions and cleaning solutions applied on and with flexible packaging printing presses, offset lithographic printing presses and letterpress printing presses.
We have determined this regulation is consistent with the statutory authority of EQB (35 P. S. §§ 4005(a)(1) and 4005(a)(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.
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Approval Order Public Meeting Held
May 1, 2014Commissioners Voting: John F. Mizner, Esq., Chairperson; George D. Bedwick, Vice Chairperson; W. Russell Faber; Lawrence J. Tabas, Esq.; Dennis A. Watson, Esq.
Environmental Quality Board—
Oil and Gas Well Fee Amendments;
Regulation No. 7-483 (#3022)On September 4, 2013, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (EQB). This rulemaking amends 25 Pa. Code §§ 78.1 and 78.19. The proposed regulation was published in the September 14, 2013 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on March 21, 2014.
This regulation changes the current fee schedule for oil and gas well permits to a fixed fee of $5,000 for nonvertical unconventional wells and $4,200 for vertical unconventional wells. The current sliding scale fee for vertical wells will continue to apply, but under a different category defined as ''conventional.''
We have determined this regulation is consistent with the statutory authority of EQB (58 Pa.C.S. § 3211(d)) 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
May 1, 2014Commissioners Voting: John F. Mizner, Esq., Chairperson; George D. Bedwick, Vice Chairperson; W. Russell Faber; Lawrence J. Tabas, Esq.; Dennis A. Watson, Esq.
Department of Public Welfare—
Supplemental Ventilator Care Payment for Medical Assistance Nursing Facilities;
Regulation No. 14-535 (#3019)On August 14, 2013, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Public Welfare (Department). This rulemaking amends 55 Pa. Code Chapters 1187 and 1189. The proposed regulation was published in the August 24, 2013, Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on March 28, 2014.
This regulation provides supplemental payment of Medical Assistance nursing facility services for ventilator care and tracheostomy care.
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.
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Approval Order Public Meeting Held
May 1, 2014Commissioners Voting: John F. Mizner, Esq., Chairperson; George D. Bedwick, Vice Chairperson; W. Russell Faber; Lawrence J. Tabas, Esq.; Dennis A. Watson, Esq.
Pennsylvania Public Utility Commission—
Licensing Requirements for Natural Gas Suppliers;
Regulation No. 57-288 (#2938)On April 3, 2012, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Public Utility Commission (PUC). This rulemaking amends 52 Pa. Code §§ 62.101, 62.102 and 62.110. The proposed regulation was published in the April 14, 2012 Pennsylvania Bulletin with a 60-day public comment period. The final-form regulation was submitted to the Commission on March 12, 2014.
This regulation amends licensing requirements for natural gas suppliers to establish clear procedures regarding the entities that must be licensed in order to sell or arrange the sale of natural gas.
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.
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Approval Order Public Meeting Held
May 1, 2014Commissioners Voting: John F. Mizner, Esq., Chairperson; George D. Bedwick, Vice Chairperson; W. Russell Faber; Lawrence J. Tabas, Esq., abstained; Dennis A. Watson, Esq.
Philadelphia Parking Authority—
Impoundment of Vehicles and Equipment;
Regulation No. 126-3 (#2992)On March 15, 2013, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Philadelphia Parking Authority (PPA). This rulemaking amends 52 Pa. Code Chapters 1017 and 1055. The proposed regulation was published in the March 30, 2013 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on March 19, 2014.
This final-form rulemaking deletes the PPA's existing impoundment regulations for taxicabs and limousines and replaces them with a new set of regulations.
We have determined this regulation is consistent with the statutory authority of the PPA (53 Pa.C.S.A. §§ 5722 and 5742) 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 F. MIZNER, Esq.,
Chairperson[Pa.B. Doc. No. 14-1063. Filed for public inspection May 16, 2014, 9:00 a.m.]