71 Pa. Stat. § 1340.502

Current through P.A. Acts 2023-32

Section 1340.502 - Rulemaking authority

(a) Continuance.-- The Environmental Quality Board shall continue to exercise any power to formulate, adopt and promulgate rules and regulations currently vested in the Environmental Quality Board set forth in section 1920-A of the act of April 9, 1929 (P.L. 177, No. 175), known as The Administrative Code of 1929, except that the Department of Conservation and Natural Resources shall be vested with the power and the duty to promulgate regulations imposed upon the Department of Forests and Waters, the Secretary of Forests and Waters, the Pennsylvania State Park and Harbor Commission of Erie and the State Forest Commission.

(b) Existing rules.--Any rules and regulations provided for in subsection (a) promulgated prior to the effective date of this act shall continue to be the rules and regulations of the Environmental Quality Board until such time as they are modified or repealed by that board.

(c) Environmental Quality Board.--The Environmental Quality Board shall have the powers and duties currently vested in the Environmental Quality Board, except as vested in the Department of Conservation and Natural Resources by this act, which powers and duties are more specifically set forth, but not limited by, the following:

Sections 1920-A(h) and (i) of the act of April 9, 1929 (P.L. 177, No. 175), known as The Administrative Code of 1929.

Sections 1 , 5, 8 and 612 of the act of June 22, 1937 (P.L. 1987, No. 394), known as The Clean Streams Law.

The act of May 15, 1945 (P.L. 547, No. 217), known as the Conservation District Law.

The act of May 31, 1945 (P.L. 1198, No. 418), known as the Surface Mining Conservation and Reclamation Act.

The act of January 8, 1960 (1959 P.L. 2119, No. 787), known as the Air Pollution Control Act.

Sections 2 , 7.2, 8 and 9 of the act of January 24, 1966 (1965 P.L. 1535, No. 537), known as the Pennsylvania Sewage Facilities Act.

The act of April 27, 1966 (1st Sp.Sess., P.L. 31, No. 1), known as The Bituminous Mine Subsidence and Land Conservation Act.

Sections 3.1, 3.2 and 14 of the act of September 24, 1968 (P.L. 1040, No. 318), known as the Coal Refuse Disposal Control Act.

Section 6 of the act of July 20, 1974 (P.L. 572, No. 198), known as the Pennsylvania Solid Waste--Resource Recovery Development Act.

Sections 5 and 9 of the act of July 9, 1976 (P.L. 931, No. 178), referred to as the Coal Mine Emergency Medical Personnel Law.

Section 301 of the act of June 23, 1978 (P.L. 537, No. 93) , known as the Seasonal Farm Labor Act.

Sections 207 and 302 of the act of October 4, 1978 (P.L. 851, No. 166), known as the Flood Plain Management Act.

Sections 14 and 17 of the act of October 4, 1978 (P.L. 864, No. 167), known as the Storm Water Management Act.

Sections 5, 7, 10, 11, 17 and 26 of the act of November 26, 1978 (P.L. 1375, No. 325), known as the Dam Safety and Encroachments Act.

Sections 4, 5, 6 and 7 of the act of May 13, 1980 (P.L. 122, No. 48) , known as the Bluff Recession and Setback Act.

Sections 104, 105(a), (b), (c), (e) and (j), 402, 506 and 610 of the act of July 7, 1980 (P.L. 380, No. 97) , known as the Solid Waste Management Act.

Sections 3 and 4 of the act of May 1, 1984 (P.L. 206, No. 43) , known as the Pennsylvania Safe Drinking Water Act.

Section 302 of the act of July 10, 1984 (P.L. 688, No. 147), known as the Radiation Protection Act.

Sections 11, 24 and 25 of the act of December 19, 1984 (P.L. 1093, No. 219), known as the Noncoal Surface Mining Conservation and Reclamation Act.

Sections 201, 215, 216, 603.1 and 604 of the act of December 19, 1984 (P.L. 1140, No. 223), known as the Oil and Gas Act.

Sections 301, 302(a), 304, 305, 314 and 321 of the act of February 9, 1988 (P.L. 31, No. 12) , known as the Low-Level Radioactive Waste Disposal Act.

Section 5 of the act of July 6, 1988 (P.L. 487, No. 82) , known as the Abandoned Mine Subsidence Assistance Act.

Section 4(b) of the act of July 13, 1988 (P.L. 525, No. 93) , referred to as the Infectious and Chemotherapeutic Waste Law.

Sections 302, 1102 and 1512 of the act of July 28, 1988 (P.L. 556, No. 101) , known as the Municipal Waste Planning, Recycling and Waste Reduction Act.

Sections 303, 501, 504, 510 and 1104 of the act of October 18, 1988 (P.L. 756, No. 108) , known as the Hazardous Sites Cleanup Act.

Sections 3 and 4 of the act of July 5, 1989 (P.L. 166, No. 31) , known as the Phosphate Detergent Act.

Sections 105, 106, 505, 701 and 1102 of the act of July 6, 1989 (P.L. 169, No. 32) , known as the Storage Tank and Spill Prevention Act.

Sections 7 and 9 of the act of July 6, 1989 (P.L. 207, No. 33) , known as the Plumbing System Lead Ban and Notification Act.

Sections 3 and 5 of the act of May 28, 1992 (P.L. 249, No. 41) , known as the Sewage System Cleaner Control Act.

75 Pa.C.S. § 4909 (relating to transporting foodstuffs in vehicles used to transport waste).

(d) Rules and regulations.--The Environmental Quality Board shall, in the manner provided by law, promulgate the rules and regulations necessary to carry out this chapter.

(e) Environmental Quality Board.-- Rulemakings of the Environmental Quality Board that have not been printed in the Pennsylvania Bulletin as final regulations on the effective date of this act shall continue to be rulemakings of the Environmental Quality Board and shall not be required to meet the requirements of the act of July 31, 1968 (P.L. 769, No. 240), referred to as the Commonwealth Documents Law, the act of October 15, 1980 (P.L. 950, No. 164), known as the Commonwealth Attorneys Act, or the act of June 25, 1982 (P.L. 633, No. 181), known as the Regulatory Review Act, which were met prior to the effective date of this act.

71 P.S. § 1340.502

1995, June 28, P.L. 89, No. 18, § 502, effective 7/1/1995.