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PA Bulletin, Doc. No. 21-1064



Notice of Comments Issued

[51 Pa.B. 3682]
[Saturday, July 3, 2021]

 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. § 745.5b).

 The Commission has issued comments on the following proposed regulation. 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final-form regulation must be submitted within 2 years of the close of the public comment period or it will be deemed withdrawn.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
106-13 Environmental Hearing Board
Practice and Procedure
51 Pa.B. 2166 (April 17, 2021) 
5/17/21 6/16/21

Environmental Hearing Board Regulation # 106-13 (IRRC # 3301)

Practice and Procedure

June 16, 2021

 We submit for your consideration the following comments on the proposed rulemaking published in the April 17, 2021 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 Hearing Board (Board) to respond to all comments received from us or any other source.

Section 1021.32. Filing.—Implementation procedures; Clarity and lack of ambiguity.

 Under subsection (c)(3), electronic filing may only be performed by registered users. The proposed comment to this section clarifies that attorneys and pro se appellants may not file electronically until registration has been approved by the Board and a confirmation e-mail has been received. For this provision to be binding and enforceable, it must be part of the regulation, not a comment. Why did the Board add this implementation procedure as a comment? We suggest the Board consider adding this provision to the final-form regulation or explain why it is unnecessary to do so.


[Pa.B. Doc. No. 21-1064. Filed for public inspection July 2, 2021, 9:00 a.m.]

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