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PA Bulletin, Doc. No. 09-1632



Notice of Comments Issued

[39 Pa.B. 5213]
[Saturday, August 29, 2009]

   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. § 645.5b).

   The Commission has issued comments on the following proposed regulations. 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final-form regulation must be submitted within 2 years of the close of the public comment period or it will be deemed withdrawn.

Reg. No. Agency/Title Close of the Public
Comment Period
7-434 Environmental Quality    Board 7/20/09 8/19/09
Environmental Labora-    tory Accreditation
39 Pa.B. 3051
(June 20, 2009)


Environmental Quality Board
Regulation #7-434 (IRRC #2770)

Environmental Laboratory Accreditation

August 19, 2009

   We submit for your consideration the following comments on the proposed rulemaking published in the June 20, 2009 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 Quality Board (Board) to respond to all comments received from us or any other source.

1.  Records.--Clarity.

   Several sections of this regulation require record retention or recording of information. However, it is unclear what method of retention or recording the Board requires and the duration of the required retention is not set forth. The final-form regulation should clarify these requirements. The concern applies to several subsections, including § 252.304(b)(3)(vi)(E)and (F), 252.306(f)(2)(ii)(C), (4)(v), (5)(iii)(v), (6)(iv), (h)(2) and (4), 252.404(c)(1)(iii) and (vii), (2)(ii)and (iv) and 252.706(a).

2.  Section 252.304. Personnel requirements.--Reasonableness; Clarity.

Subsection (b)(3)(vi)(E)

   This subsection allows lab methods used prior to January 1, 2005, to be exempt in certain circumstances from the initial demonstration of capability. How did the Board determine this was an appropriate date?

Subsection (b)(3)(vi)(F)

   This subsection requires labs to retain ''all data necessary'' to reproduce the initial demonstration of capability. What types of data would meet this requirement? The final-form regulation should clarify the Board's intent.

Subsection (b)(3)(vi)(G)(I)

   Under this subsection, a new employee in a work cell must work with an experienced analyst. However, it is not clear how long this must occur. The final-form regulation should clearly state how long an experienced analyst must work with a new work cell employee.

Subsection (b)(3)(vi)(G)(II)

   This subsection mentions ''acceptable'' quality control performance checks. This term is vague. The final-form regulation should specify what the Board considers ''acceptable.''

3.  Section 252.306. Equipment, supplies and reference materials.--Reasonableness; Clarity.

Subsection (f)(9)(i)

   In this subsection, what does the Board consider an ''appropriate'' method for checking delivery volumes of mechanical volumetric dispensing devices? This term is vague. The Board should delete this term or set forth the ''acceptable'' methods.

Subsection (h)(6)

   This subsection refers to a ''Department approved procedure'' to reevaluate and validate certain materials used past their expiration date. The final-form regulation should set forth this procedure or provide a citation to an existing procedure that will be used.


[Pa.B. Doc. No. 09-1632. Filed for public inspection August 28, 2009, 9:00 a.m.]

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