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PA Bulletin, Doc. No. 96-1334

NOTICES

Availability of Technical Guidance Documents

[26 Pa.B. 3954]

   The Department of Environmental Protection (DEP) publishes a list of its technical guidance documents in its Technical Guidance Document Inventory twice a year. The most recent Inventory was published June 1996. This Inventory is also posted on DEP's World Wide Web page. DEP's Web address is http://www.dep.state.pa.us. To go to the location of the Inventory once on the DEP home page, persons should choose the following path: 1) Public Participation Center, 2) Status of Legislation, Regulations and Policies, 3) Recently Finalized Regulations and Policies and 4) Technical Guidance Document Inventory. Persons can order a copy of the latest Inventory or a copy of any of the final documents listed on the Inventory by calling Elwyn Inc. (the printer) at 1 (800) 804-4020 if calling in Pennsylvania or (610) 497-5841 (note this new number) if calling from outside Pennsylvania.

   Once a year on the first Saturday in August, the Governor's Office publishes a list of the nonregulatory guidance documents of all State agencies in the Pennsylvania Bulletin. The first publication of this list was in the August 3, 1996, edition of the Bulletin.

   In the interim, DEP announces changes to its technical guidance documents in its weekly newsletter, the UPDATE and the Pennsylvania Bulletin. Here is the current list of recently finalized documents, draft documents and notices of intended changes to technical guidance.

   Persons who have any questions or comments should call Nina Huizinga at (717) 783-8727.

Final Technical Guidance Documents (New Guidance)

   DEP ID: 364-5511-015 Title: Categorical Exclusion Provisions--PENNVEST funded projects Description: The guidance will help regional staff evaluate PENNVEST projects for possible categorical exclusion from detailed Federal environmental review requirements. Page Length: 1 page. Location: Vol. 34, Tab. 53A. Contact: Lou Bercheni at (717) 787-4317.

Final Technical Guidance Documents (Substantial Revision to Existing Documents)

   DEP ID: 012-0820-001 Title: Policy for Development, Approval and Distribution of Regulations Description: This document establishes standards for the content of regulations and creates a uniform process for developing, approving and distributing these documents. Revision: Governor Tom Ridge signed Executive Order 1996-1 on February 6, 1996 establishing new procedures for the development and public review of agency regulations and policies. Location: Volume 1, Tab 2. Contact: Sharon Freeman at (717) 783-1303.

   DEP ID: 012-0830-001 Title: Data Standards for Names and Addresses Description: This document provides procedures for the collection and input of name and address data elements into Departmental database systems. Revision: Following initial use of the documented standards, it became clear that data standards for names versus addresses should be separate and distinct. The revisions provide a more clear approach to applying data standards to names versus addresses. Location: Vol. 1, Tab 10. Contact: Pat Hammaker at (717) 772-4784.

   DEP ID: 012-0900-001 Title: Policy for Development, Approval and Distribution of Technical Guidance Description: DEP will follow a Department-wide, standard process for developing, approving and distributing technical guidance documents. Revision: Governor Tom Ridge signed Executive Order 1996-1 on February 6, 1996 establishing new procedures for the development and public review of agency regulations and policies. In addition, DEP is now publicizing changes to its technical guidance documents in its weekly newsletter, the UPDATE, in the Pennsylvania Bulletin and on the DEP World Wide Web site. Finally, changes were made to make the page numbering system more flexible and to update names and addresses. Location: Vol. 1, Tab 3. Contact: Nina Huizinga at (717) 783-8727.

   DEP ID: 012-0700-001 Title: Implementation of the History Code: Policy and Procedures for Applicants for DEP Permits and Plan Approvals Location: Vol. 1, Tab 6. Contact: Nina Huizinga at (717) 783-8727.

Final Technical Guidance Documents (Minor Revision to Existing Documents)

   DEP ID: 274-0300-001 Title: Continuous Source Monitoring Manual Revisions: This manual was updated with minor revisions such as the Department and Bureau name change. This manual was made a regulatory reference under 25 Pa. Code § 139.102(3). Procedures for revisions of this manual must follow those specified in § 139.5. The manual is being retained in the Technical Guidance Document Inventory for informational purposes. A hard copy has been distributed to affected parties and additional copies are shrink-wrapped and ready to be sent to anyone upon request. Contact: Bob Kulp at (717) 787-1663.

   DEP ID: 274-0300-002 Title: Source Testing Manual Revisions: This manual was updated with minor revisions such as the Department and Bureau name change. This manual was made a regulatory reference under 25 Pa. Code § 139.4(5). Procedures for revisions of this manual must follow those specified in section 139.5. The manual is being retained in the Technical Guidance Inventory for informational purposes. A hard copy of this manual has been distributed to affected parties and those requesting to be on the UPDATE mailing list. In addition, hard copies of this manual are shrink-wrapped and ready to be sent to anyone upon request. Contact: Bob Kulp at (717) 787-1663.

Draft Technical Guidance Documents

   DEP ID: 257-2212-501 Title: County Option to Retain or Eliminate Municipal Waste Flow Control Background: DEP has decided to implement a revision to the county municipal waste planning program relating to the flow control of municipal waste. Municipal Waste Planning is required by the Municipal Waste Planning, Recycling and Waste Reduction Act (Act 101 of 1988). This revision was recommended in the January 25, 1996 Municipal Waste Stakeholders Report to the Secretary, and also results from the Department's experiences since the act became effective in 1988, a changing waste management industry and judicial decisions. Review Process: This document is currently undergoing an internal DEP review. When the review is completed, the revised draft will be made available for public comment and an additional review by the Solid Waste Advisory Committee. Contact: Keith Kerns at (717) 787-7382.

   DEP ID: 273-4000-007 Title: Compliance Strategy on Reasonably Achievable Control Technology (RACT) for Major Nitrogen Oxide (NOx) Sources with Continuous Emission Monitoring Systems (CEMSs) Description: This document assists the Department's regional air quality staff in determining whether NOx RACT air contamination sources with CEMSs are in violation of the NOx emissions standards. The proposed policy also establishes uniform criteria to be used for the settlement of penalties when a facility exceeds the NOx RACT emission limits. World Wide Web: A copy of the policy is posted on DEP's Web side at http://www.dep.state.pa.us. Select 1) Public Participation Center 2) Proposals Open for Comment. Comment By: September 9, 1996 Contact: Don Kerstetter at (717) 787-9257 or by e-mail at Kerstetter.Donald@al.dep.state.pa.us.

Notice of Intent to Remove Technical Guidance from the Inventory

   The following documents contain purely administrative and internal operating procedures with no impact on the regulated community or the public. They will be included in the Bureau of Land Recycling and Waste Management's operating procedures manual for internal guidance, rather than on the DEP Technical Guidance Document Inventory. Contact: Josephine Valencia at (717) 787-9870.

   DEP ID: 253-4100-628 Title: Acquisition of Property under section 511 of HSCA Description: This document informs staff on how to process administrative paperwork when accepting real property, or interest in real property, from the EPA.

   DEP ID: 253-4200-615 Title: Filing Liens under section 509 of HSCA Description: This document establishes the administrative procedures for activities involving HSCA liens carried out by attorneys and Program Managers. It also deals with the recording of liens in the central registry.

   DEP ID: 253-3100-604 Title: Investigations and Notices per section 501 of HSCA Description: This document informs DEP staff how to carry out their administrative responsibilities under section 501 (a) and (e) of HSCA.

   DEP ID: 253-4500-620 Title: Applicable, Relevant or Appropriate Regulations (ARARs) Procedures Description: This document was developed to be used in conjunction with the ARAR guidance document (DEP ID: 253-4500-606 Title: Pennsylvania Applicable, Relevant and Appropriate Requirements). It contains administrative procedures used by DEP staff to identify and submit State ARARs in the Federal program.

   DEP ID: 250-4160-307 Title: Standard Appeal Paragraph Description: This document provides wording to be used in DEP's Bureau of Land Recycling and Waste Management documents.

   DEP ID: 254-2213-517 Title: Procedure for Amending Act 101 Section 902 Recycling Program Grants Description: This document provides staff with the administrative procedures for making the amendments referred to in the title.

   DEP ID: 257-2212-506 Title: Form Letters for Act 101 Approval Explanation: This document will be incorporated into the above-listed document (DEP ID: 254-2213-517 Title: Procedure for Amending Act 101 Section 902 Recycling Program Grants).

   DEP ID: 257-2212-503 Title: Checklist for Act 101 Plan Review Explanation: This document will be incorporated into the above-listed document (DEP ID: 254-2213-517 Title: Procedures for Amending Act 101 Section 902 Recycling Program Grants).

   DEP ID: 253-3800-635 Title: Preparation of Hazardous Sites Assessment Reports Description: This document provides staff with the administrative procedures for preparing the reports referred to in the title.

   DEP ID: 250-4000-760 Title: Open Burning--Consolidated/Clarification of Past Practice Description: This document provides the procedures for DEP staff to follow when responding to an open burning complaint.

   DEP ID: 253-4130-639 Title: Guidance of Hazardous Sites Cleanup Program Description: This document instructs DEP staff of their responsibilities in making settlements under section 709 of HSCA.

   DEP ID: 251-2000-707 Title: Closure/Post Closure of Interim Hazardous Waste Facilities Description: This document provides DEP staff with the administrative procedures for closure/post closure of all hazardous waste facilities.

   DEP ID: 251-2100-752 Title: Hazardous Waste Permit Denial Guidance Description: This document assists staff in the permitting of facilities. It contains form letters and other administrative materials for DEP staff to use.

   DEP ID: 250-2500-310 Title: Bond Forfeiture Description: This document defines procedure and clarifies the role of DEP staff in bond forfeitures.

   DEP ID: 253-5800-626 Title: Handling Invoices from Interim Responses and Contractors Description: This document provides for consistency between regions in the review/audit process. It also establishes time frames for review completion. Roles of the regional offices and central office are defined.

   DEP ID: 253-3800-603 Title: HSCA Response Justification Document Description: This document provides DEP staff with the procedure for justifying a response action to be performed under HSCA.

Notice of Intent to Rescind Technical Guidance

   DEP ID: 257-2212-508 Title: Guidance for the Preparation of Sub County Plans Explanation for Rescission: This document was written for action to be taken before 1989. This document is no longer necessary.

   DEP ID: 320-0200-001 and DEP ID: 320-2100-001 Title: Delegation of Chapter 105 Functions to Mineral Resources Explanation for Rescission: This document lists the duties and responsibilities assigned to the Bureau of Mining and Reclamation by the Secretarial delegation of authority for Chapter 105 functions. Accordingly, it was incorrect for the Bureau of Dams, Waterways and Wetlands to include this document in its section of the Technical Guidance Document Inventory.

Notice of Intent to Develop Technical Guidance

   Draft Title: Certification Guidelines for the Beneficial Uses of Coal Ash Background: These guidelines are necessary for the review of the use of coal ash for beneficial purposes under the residual waste management regulations in Chapter 287. DEP is drafting these guidelines because of changes to these regulations that are to be submitted as proposed final regulations before the Environmental Quality Board September, 1996. Anticipated Effective Date: December 1996. Anticipated Draft Development Date: September 1996 (Department draft) Proposed Development and Review Process: The Bureau of Mining and Reclamation, District Mining Operations, Land Recycling and Waste Management and Abandoned Mine Reclamation are to be involved in the initial development. This draft will be presented to the Mining and Reclamation Advisory Board, the Pennsylvania Coal Association and the Pennsylvania Mining Professionals for review and comments. Contact: Alfred Dalberto at (717) 783-8845.

   Draft Title: Final Rulemaking: Chapter 245, Subchapters A and B (Storage Tanks Certification Program) Background: Chapter 245, Subchapters A and B were initially adopted on September 21, 1991. Rulemaking significantly amending these subchapters was approved by the Environmental Quality Board (EQB) on July 16, 1996. This guidance will establish the Department's implementation procedures for the amended regulations. Anticipated Effective Date: September 30, 1996 Anticipated Draft Development Date: August 1, 1996 Proposed Development and Review Process: The draft guidance will be distributed to regional and central office storage tanks program staff and the Storage Tank Advisory Committee (STAC) for review and comment. Comments will be incorporated into the guidance. The finalized version of the guidance will be distributed according to the standard distribution list. Regional and central office storage tanks program staff and certified installers/inspectors will be the primary users of this guidance. Controversy is not anticipated because the regulations have been published in the Pennsylvania Bulletin for public comment and have been approved by the EQB. Contact: Glenn H. Rider II at (717) 772-5599.

JAMES M. SEIF,   
Secretary

[Pa.B. Doc. No. 96-1334. Filed for public inspection August 16, 1996, 9:00 a.m.]


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