Final-Form Chapter 102 Regulations Move to IRRC

July 2010Newsletters In the Zone

After obtaining final-form approval by the Pennsylvania Environmental Quality Board, the new Chapter 102 regulations have moved on to the Independent Regulatory Review Commission for final consideration. The current Chapter 102 language has undergone successive revisions since first introduced as proposed last year. DEP has amended or changed the erosion and sediment pollution control and stormwater regulations in response to public feedback, reaction to various stakeholder groups and input from the Water Resource Advisory Committee.

The Independent Regulatory Review Commission (IRRC) has planned a hearing to consider final approval of the regulations on June 17, 2010. If it approves them, the legislative oversight committees—the Pennsylvania House and Senate Environmental Resources Committees—can opt to formally review them. Legislative oversight committees have 14 days from IRRC's approval to disapprove the regulations. To formally bar the regulations from enactment, the General Assembly would then have to vote to disapprove the regulations within 30 calendar days (or 10 legislative days), and the governor would have to sign the disapproval.

For more information, please contact Robert W. Gundlach, Jr. at 215.918.3636 or [email protected].