1228 Action taken by the Commission  

  • INDEPENDENT REGULATORY REVIEW COMMISSION

    Action Taken by the Commission

    [40 Pa.B. 3753]
    [Saturday, July 3, 2010]

     The Independent Regulatory Review Commission met publicly at 10 a.m., Thursday, June 17, 2010, and announced the following:

    Action Taken—Regulations Approved:

     Pennsylvania Public Utility Commission #57-260: Abbreviated Procedure for Review of Transfer of Control and Affiliate Filings for Telecommunication Carriers (amends 52 Pa. Code Chapter 63 by adding §§ 63.321—63.325)

     Environmental Quality Board #7-440: Erosion and Sediment Control and Stormwater Management (amends 25 Pa. Code Chapter 102)

     Environmental Quality Board #7-446: Wastewater Treatment Requirements (amends section 95.2 and adds section 95.10 to 25 Pa. Code Chapter 95)

    ____

    Approval Order

    Public Meeting held
    June 17, 2010

    Commissioners Voting: Arthur Coccodrilli, Chairperson; George D. Bedwick, Vice Chairperson; S. David Fineman, Esq., Silvan B. Lutkewitte, III, Dissenting; John F. Mizner, Esq., by Phone

    Pennsylvania Public Utility Commission—
    Abbreviated Procedure for Review of Transfer of Control and Affiliate Filings for Telecommunications Carriers;
    Regulation No. 57-260 (#2673)

     On January 30, 2008, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Public Utility Commission (PUC). This rulemaking amends 52 Pa. Code Chapter 63 by adding §§ 63.321—63.325. The proposed regulation was published in the February 9, 2008 Pennsylvania Bulletin with a 90-day public comment period. The final-form regulation was submitted to the Commission on May 6, 2010.

     This final-form regulation establishes a three-tier timeline for PUC review and approval for mergers and stock transactions for telecommunications public utilities.

     We have determined this regulation is consistent with the statutory authority of the PUC (66 Pa.C.S.A. § 501(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

    Public Meeting held
    June 17, 2010

    Commissioners Voting: Arthur Coccodrilli, Chairperson; George D. Bedwick, Vice Chairperson; S. David Fineman, Esq.; Silvan B. Lutkewitte, III, Dissenting; John F. Mizner, Esq., by Phone

    Environmental Quality Board—Erosion and Sediment Control and Stormwater Management;
    Regulation No. 7-440 (#2783)

     On August 18, 2009, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (EQB). This rulemaking amends 25 Pa. Code Chapter 102. The proposed regulation was published in the August 29, 2009 Pennsylvania Bulletin with a 93-day public comment period. The final-form regulation was submitted to the Commission on May 17, 2010.

     This regulation updates erosion and sediment control requirements and incorporates Federal requirements for stormwater discharges.

     We have determined this regulation is consistent with the statutory authority of the EQB (35 P. S. §§ 691.5 and 691.402, and 3 P. S. § 859(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

    Public Meeting held
    June 17, 2010

    Commissioners Voting: Arthur Coccodrilli, Chairperson; George D. Bedwick, Vice Chairperson; S. David Fineman, Esq.; Silvan B. Lutkewitte, III, Dissenting; John F. Mizner, Esq., by Phone

    Environmental Quality Board—Wastewater
    Treatment Requirements;
    Regulation No. 7-446 (#2806)

     On October 28, 2009, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (EQB). This rulemaking amends section 95.2 and adds section 95.10 to 25 Pa. Code Chapter 95. The proposed regulation was published in the November 7, 2009 Pennsylvania Bulletin with a 90-day public comment period. The final-form regulation was submitted to the Commission on May 17, 2010.

     This regulation establishes procedures, requirements and standards for effluent limits for wastewater discharges of high total dissolved solids (TDS). As the name implies, TDS is all dissolved solids in water. It includes all inorganic and organic substances, including minerals, salts and metals, dispersed within a volume of water.

     We have determined this regulation is consistent with the statutory authority of the EQB (35 P. S. §§ 691.5 and 691.402, and 71 P. S. §§ 510-17 and 510-20(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.

    ARTHUR COCCODRILLI, 
    Chairperson

    [Pa.B. Doc. No. 10-1228. Filed for public inspection July 2, 2010, 9:00 a.m.]

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