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INDEPENDENT REGULATORY REVIEW COMMISSION

Action Taken by the Commission

[47 Pa.B. 5761]
[Saturday, September 9, 2017]

 The Independent Regulatory Review Commission met publicly at 10 a.m., Thursday, August 24, 2017, and announced the following:

Regulations Deemed Approved Pursuant to Section 5(g) of the Regulatory Review Act—Effective August 23, 2017:

 Bureau of Professional and Occupational Affairs # 16A-5514: Schedule of Civil Penalties—Accountants (amends 49 Pa. Code § 43b.10a)

Action Taken—Regulations Approved:

 Pennsylvania Liquor Control Board # 54-97: Intermunicipal Transfer of Retail Licenses (amends 40 Pa. Code §§ 7.61 and 7.62)

 Environmental Quality Board # 7-528: Water Quality Standards; Class A Stream Redesignations (amends 25 Pa. Code Chapter 93)

 Environmental Quality Board # 7-498: Radiological Health and Radon Certification Fees; Pennsylvania Radon Mitigation System Tag and Fee (amends 25 Pa. Code Chapters 218 and 240)

 State Board of Accountancy # 16A-5513: Act 73 and Act 15 Amendments (amends 49 Pa. Code)

 State Registration Board for Professional Engineers, Land Surveyors and Geologists # 16A-4713: Renewal Fee (amends 49 Pa. Code § 37.17)

 Bureau of Professional and Occupational Affairs # 16A-4413: Schedule of Civil Penalties—Podiatrists (adds Section 43b.27 to 49 Pa. Code Chapter 43b)

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Approval Order

Public Meeting Held
August 24, 2017

Commissioners Voting: George D. Bedwick, Chairperson; John F. Mizner, Esq., Vice Chairperson; W. Russell Faber; Murray Ufberg, Esq.; Dennis A. Watson, Esq.

Pennsylvania Liquor Control Board
Intermunicipal Transfer of Retail Licenses
Regulation No. 54-97 (# 3175)

 On June 29, 2017, the Independent Regulatory Review Commission (Commission) received this regulation from the Pennsylvania Liquor Control Board (Board). This rulemaking amends 40 Pa. Code §§ 7.61 and 7.62. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.

 This rulemaking amends the Board's existing regulations concerning intermunicipal transfers of retail liquor and eating place retail dispenser licenses to be consistent with Act 155 of 2006.

 We have determined this regulation is consistent with the statutory authority of the Board (47 P.S. § 2-207(i)) 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
August 24, 2017

Commissioners Voting: George D. Bedwick, Chairperson; John F. Mizner, Esq., Vice Chairperson; W. Russell Faber; Murray Ufberg, Esq.; Dennis A. Watson, Esq.

Environmental Quality Board
Water Quality Standards; Class A Stream Redesignations
Regulation No. 7-528 (# 3140)

 On February 23, 2016, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (EQB). This rulemaking amends 25 Pa. Code Chapter 93. The proposed regulation was published in the March 5, 2016 Pennsylvania Bulletin with a public comment period ending April 18, 2016. The final-form regulation was submitted to the Commission on July 19, 2017.

 This regulation amends the water quality designations of 50 streams and stream segments. The amendments affect portions of the Delaware River Basin (Delaware River, Lehigh River and Schuylkill River), Ohio River Basin (Allegheny River and Kiskiminetas River) and Susquehanna River Basin (Juniata River, Susquehanna River, Tioga River and West Branch Susquehanna River).

 We have determined this regulation is consistent with the statutory authority of the EQB (35 P.S. §§ 691.5 and 691.402) 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
August 24, 2017

Commissioners Voting: George D. Bedwick, Chairperson; John F. Mizner, Esq., Vice Chairperson; W. Russell Faber; Murray Ufberg, Esq.; Dennis A. Watson, Esq.

Environmental Quality Board
Radiological Health and Radon Certification Fees; Pennsylvania Radon Mitigation System Tag and Fee
Regulation No. 7-498 (# 3153)

 On June 16, 2016, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (EQB). This rulemaking amends 25 Pa. Code Chapters 218 and 240. The proposed regulation was published in the July 2, 2016 Pennsylvania Bulletin with a public comment period ending August 30, 2016. The final-form regulation was submitted to the Commission on July 19, 2017.

 This regulation increases existing fees associated with the radioactive materials licensing and radon certification activities regulated by the Department of Environmental Protection Radiation Protection Program, and adds a requirement for a new radon mitigation system fee.

 We have determined this regulation is consistent with the statutory authority of EQB (35 P.S. §§ 7110.301, 7110.302 and 7110.401; 63 P.S. §§ 2008, 2012 and 2013) 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
August 24, 2017

Commissioners Voting: George D. Bedwick, Chairperson; John F. Mizner, Esq., Vice Chairperson; W. Russell Faber; Murray Ufberg, Esq.; Dennis A. Watson, Esq.

State Board of Accountancy
Act 73 and Act 15 Amendments
Regulation No. 16A-5513 (# 3104)

 On May 29, 2015, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Accountancy (Board). This rulemaking amends 49 Pa. Code. The proposed regulation was published in the June 13, 2015 Pennsylvania Bulletin with a public comment period ending July 13, 2015. The final-form regulation was submitted to the Commission on June 30, 2017.

 This regulation implements amendments made to the CPA Law by Act 73 of 2008 and Act 15 of 2013.

 We have determined this regulation is consistent with the statutory authority of the Board (63 P.S. § 9.3(a)(10)—(12)) 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
August 24, 2017

Commissioners Voting: George D. Bedwick, Chairperson; John F. Mizner, Esq., Vice Chairperson; W. Russell Faber, dissenting; Murray Ufberg, Esq.; Dennis A. Watson, Esq.

State Registration Board for Professional Engineers, Land Surveyors and Geologists
Renewal Fee
Regulation No. 16A-4713 (# 3097)

 On May 4, 2015, the Independent Regulatory Review Commission (Commission) received this proposed regula-tion from the State Registration Board for Professional Engineers, Land Surveyors and Geologists (Board). This rulemaking amends 49 Pa. Code § 37.17. The proposed regulation was published in the May 16, 2015 Pennsylvania Bulletin with a public comment period ending June 15, 2015. The final-form regulation was submitted to the Commission on June 14, 2017.

 This rulemaking increases the biennial renewal fee from $50 to $100 for all licensed professional engineers, land surveyors and geologists.

 We have determined this regulation is consistent with the statutory authority of the Board (63 P.S. § 156(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.

____

Approval Order

Public Meeting Held
August 24, 2017

Commissioners Voting: George D. Bedwick, Chairperson, dissenting; John F. Mizner, Esq., Vice Chairperson; W. Russell Faber; Murray Ufberg, Esq.; Dennis A. Watson, Esq.

Bureau of Professional and Occupational Affairs
Schedule of Civil Penalties—Podiatrists
Regulation No. 16A-4413 (# 3100)

 On May 20, 2015, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Bureau of Professional and Occupational Affairs (Bureau). This rulemaking adds Section 43b.27 to 49 Pa. Code Chapter 43b. The proposed regulation was published in the June 6, 2015 Pennsylvania Bulletin with a public comment period ending July 6, 2015. The final-form regulation was submitted to the Commission on June 30, 2017.

 This final-form rulemaking establishes a schedule of civil penalties for violations by podiatrists who practice with an expired license or fail to complete required continuing education.

 We have determined this regulation is consistent with the statutory authority of the Bureau (63 P.S. § 2205(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.

GEORGE D. BEDWICK, 
Chairperson

[Pa.B. Doc. No. 17-1492. Filed for public inspection September 8, 2017, 9:00 a.m.]



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