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Final Omitted Rulemaking to Repeal Alternative Fuels Incentive Grant Regulations

Final Omitted Rulemaking to Repeal Alternative Fuels Incentive Grant Regulations. Dan Griffiths Director, Bureau of Energy & Innovative Technology Deployment Department of Environmental Protection Commonwealth of Pennsylvania.

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Final Omitted Rulemaking to Repeal Alternative Fuels Incentive Grant Regulations

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  1. Final Omitted Rulemaking to RepealAlternative Fuels Incentive Grant Regulations Dan Griffiths Director, Bureau of Energy & Innovative Technology Deployment Department of Environmental Protection Commonwealth of Pennsylvania

  2. Alternative Fuels Incentive Grant Regulations [4 PA. Code Ch. 311] • Adopted under the authority of 75 Pa. C.S. §§ 7201-7204 which created the Alternative Fuels Incentive Grant (AFIG) Fund in December 1992. • Established detailed guidelines for the administration of the AFIG program. • Currently administered by the Office of Technology and Energy Deployment (OETD).

  3. Alternative Fuels Incentive Act of 2004 • Expanded the AFIG program and provided detailed guidance for administration of the program. • Essentially repealed the existing regulation to the extent that they are inconsistent with Alternative Fuels Incentive Act.

  4. Repeal of AFIG Regulations • A few minor provisions in the existing regulation were not abrogated by the Alternative Fuels Incentive Act of 2004. • These remaining provisions sometimes interfere with OETD’s efficient management of the AFIG program.

  5. Repeal of AFIG Regulations • OETD would like to repeal the existing regulation to eliminate the minor inconsistencies using the final omitted process authorized by Commonwealth Documents Law. • Final omitted process by-passes developing a proposed rule and taking the proposed rule through the public comment period thus allowing the procedure to go straight to final rulemaking.

  6. Final Omitted Process • This approach is appropriate in this case because the notice of proposed rulemaking is not required for regulations pertaining to grants or if notice is impracticable, unnecessary or contrary to the public interest. 4 Pa. Code Chapter 311 applies exclusively to Commonwealth grants.

  7. Final Omitted Process • This approach makes a notice of proposed rulemaking unnecessary and contrary to the public interest because the AFIG program can be adequately and effectively administered utilizing the instructions contained in the Act.

  8. Repeal of AFIG Regulations • OETD will simply use the amended statute which contains reasonable parameters on the AFIG program. • OETD will be able to more effectively administer the program by reducing confusion for potential applicants and providing better understanding to the public.

  9. Repeal of AFIG Regulations Impacts on the AFIG Program • All eligible future AFIG applicants will benefit through a clearer and more efficient process. • OETD will be able to offer future applicants a more streamlined application package and guidance.

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