Pennsylvania Code
Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

• No statutes or acts will be found at this website.

The Pennsylvania Bulletin website includes the following: Rulemakings by State agencies; Proposed Rulemakings by State agencies; State agency notices; the Governor’s Proclamations and Executive Orders; Actions by the General Assembly; and Statewide and local court rules.

PA Bulletin, Doc. No. 96-1800

NOTICES

Availability of Technical Guidance

[26 Pa.B. 5150]

Governor's Office List

   Once a year on the first Saturday in August, the Governor's Office publishes a list of the non-regulatory 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.

DEP's Technical Guidance Document Inventory

   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. (Please note that this is a correction. DEP's Web address was incorrectly given in the October 12th Pennsylvania Bulletin. DEP regrets any inconvenience this may have caused.) To go to the location of the Inventory once on the DEP home page, persons should choose Public Participation Center/Recently Finalized Regulations and Legislation/Technical Guidance Document Inventory (6/12/96).

DEP's Technical Guidance Documents on the World Wide Web

   DEP's Web address is http://www.dep.state.pa.us. (Please note that this is a correction. DEP's Web address was incorrectly given in the October 12th Pennsylvania Bulletin. DEP regrets any inconvenience this may have caused.) To go to the location of DEP's Technical Guidance Documents once on the DEP home page, persons should choose the Public Participation Center. The Center has several menus; the Technical Guidance menu has links to the Inventory, Draft Technical Guidance Documents, Recently Finalized Technical Guidance Documents and Final Documents on the Web.

Ordering Paper Copies of DEP Technical Guidance

   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 if calling from outside Pennsylvania.

Changes to Technical Guidance Documents

   Between publication of its Inventory, 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 Document

   DEP ID: 383-3301-102 Title: Laboratory Reporting Instructions for Total and Fecal Coliform Bacteria Description: DEP provides certified laboratory directors and public water suppliers with the information necessary to properly report coliform bacteria analytical compliance monitoring data under the Safe Drinking Water Program. This is the final copy of a revision to an existing document. Contact: Barry Greenawald at (717) 787-0122.

   DEP ID: 291-0400-001 Title: Policy and Procedure Summary, Radiation Control Division Description: This assembly of policies is what remains after an original group of policies was reviewed and outdated policies were deleted to more accurately reflect the current regulations. There are no new additions to the group. Contact: Ed Burtsavage at (717) 787-3720.

   DEP ID: 293-0400-001 Title: Policy and Procedures, Nuclear Safety Division, Nuclear Safety Section Description: This document provides guidance to DEP staff for the implementation of the Nuclear Safety Program. This minor revision to an existing document makes formatting changes and minor updates. Contact: Rick Janati at (717) 787-2163.

   DEP ID: 293-0400-002 Title: Low-level Radioactive Waste Section Policy and Procedures Description: This document provides guidance to DEP staff for the implementation of the LLRW program. This minor revision to an existing document makes formatting changes and minor updates. Contact: Rick Janati at (717) 787-2163.

   DEP ID: 294-2309-001 Title: Radon Certification Policy Description: The Radon Division of the Bureau of Radiation Protection follows the guidelines contained in this document for the purpose of administering the radon certification and inspection program under applicable statutes and regulations. Contact: Michael Pyles at (717) 783-3594.

Draft Technical Guidance

   DEP ID: 361-0800-001 Title: Principles for Ground Water Pollution Prevention and Remediation Background: This guidance is a revision of the 1992 Ground Water Quality Protection Strategy. It sets forth the principles to guide the Statewide ground water quality protection and remediation program consistent with State statutes and program regulations and policies. Review Process: An earlier announcement about this draft guidance appeared in the September 21, 1996 Pennsylvania Bulletin. Since then, DEP has completed its internal review. DEP made no changes to the draft except to add the standard elements that appear on the first page of every DEP technical guidance document. DEP now asks for public review of this draft document. Deadline for Submittal of Comments: November 25, 1996. Contact: James T. Ulanoski at (717) 787-9633.

   DEP ID: 363-0900-017 Title: Requirements for Registration of ASTs and USTs Background: The Registration of Storage Tanks Form was revised to include portions of the Task Handling Activities Report. The new version of this Form, introduced in November 1995, allowed the Department to oversee the installation and removal of underground storage tanks (USTs) and aboveground storage tanks (ASTs) by certified individuals. This guidance establishes requirements for owners of tanks that were not installed by certified individuals or tanks that previously stored unregulated substances. Review Process: This is new guidance. This document has received an internal DEP review. DEP now asks for a public review of this document. Deadline for Submittal of Comments: November 12, 1996 Contact: Glenn H. Rider at (717) 772-5599.

   DEP ID: 363-2300-001 Title: Final Rulemaking: Chapter 245, Subchapters A and B (Storage Tanks Certification Program) Background: Amendments to Subchapter A added, modified and deleted certain definitions, adopted Federal underground storage tank regulations, and added tank tightness testing requirements. Amendments to Subchapter B consolidate several certification categories, eliminated categories which were not needed and changed the requirements for certification approval. This guidance establishes an implementation plan to handle these regulatory changes. Review process: This new guidance contains only internal DEP procedures with no impact on the public. The draft is being reviewed by DEP staff. Deadline for Submittal of Comments: October 30, 1996. Contact: Ray Powers at (717) 772-5599.

Notice of Intent to Revise Technical Guidance--Revisions to Existing Guidance

   DEP ID: 562-3000-102 BMR PGM: I:01:02 Title: Inspections Background: Revision of this guidance has already begun as part of the Bureau of District Mining Operations (BDMO) Compliance Assistance Initiative. Anticipated Effective Date: November 1, 1996 Contact: Evan Shuster at (717) 787-7846.

   DEP ID: 562-3000-105 BMR PGM: I:01:05 Title: Field Evaluation of Pit Variance Requests Background: The existing guidance is out-of-date and lacks clarity. Proposed Development and Review Process: Field staff in District Mining Operations will be asked to suggest improvements in the existing guidance. A revised guidance will be drafted and distributed to Bureau of Mining and Reclamation (BMR), the BDMO and Regulatory Counsel for comment. Anticipated Effective Date: January 1, 1997 Anticipated Draft Development Date: November 1, 1996 Contact: John Meehan at (717) 787-7846.

   DEP ID: 562-4100-301 BMR PGM: I:03:01 Title: Compliance/Enforcement Procedures Background: Revision of this guidance has already begun as part of the BDMO Compliance Assistance Initiative. Anticipated Effective Date: November 1, 1996 Contact: Evan Shuster at (717) 787-7846.

   DEP ID: 562-4180-311 BMR PGM: I:03:11 Title: Civil Penalty Collections Background: The existing guidance is out-of-date and lacks clarity. Proposed Development and Review Process: Compliance staff in the BDMO and Regional Litigation attorneys will be asked to suggest improvements. A revised guidance will be drafted and distributed to BMR, BDMO and the Office of Chief Counsel (OCC) comment. Anticipated Effective Date: January 1, 1997 Anticipated Draft Development Date: November 1, 1996. Contact: Michael Terretti at (717) 787-7846.

   DEP ID: 563-2504-411 BMR PGM: II:04:11 Title: Processing Completion Reports for Bond Release Background: The existing guidance is inconsistent with the regulations, and it lacks clarity. Revision is also dependent on the Regulatory Basics Initiative changes to the regulations, which should take effect December 31, 1997. Proposed Development and Review Process: The existing guidance will be redrafted in accordance with the language of the draft final regulations. The redrafted guidance will be distributed to BMR, BDMO and OCC for comment. Anticipated Effective Date: January 1, 1998 Anticipated Draft Development Date: November 1, 1997 Contact: John Meehan at (717) 787-7846.

   DEP ID: 562-2504-451 BMR PGM: II:4:51 Title: Bonding, Anthracite Underground Mines Background: The subject guidance was originally put in place in 1985 as an interim provision with an expiration date of August 31, 1996. The guidance should be revised to remove ''interim'' from the title and eliminate the expiration date. Proposed Development and Review Process: The draft will be developed internally with input from the district staff involved in permitting underground anthracite coal mines. The draft will be circulated among district staff, program counsel, and the Policy Office Anticipated Effective Date: December 31, 1996 Anticipated Draft Development Date: October 15, 1996 Contact: Harold Miller at (717) 783-8845.

   DEP ID: 563-2500-801 BMR PGM: I:08:01 Title: Verification of Licenses Background: The current guidance is out-of-date as a result of Acts 173 and 43. Proposed Development and Review Process: BDMO District staff will be asked to suggest improvements. The redrafted guidance will be distributed to BMR, BDMO and program counsel for comment. Anticipated Effective Date: January 1, 1997 Anticipated Draft Development Date: November 1, 1996 Contact: Michael Terretti at (717) 787-7846.

   DEP ID: 563-3900-404 BMR PGM: I:4:4 Title: Act 54 Implementation Procedures Background: The subject guidance will require revision upon completion of regulation changes which will incorporate the provisions of both Act 54 and national Energy Policy Act. These regulation changes are planned to be finalized by September 1997. Proposed Development and Review Process: Present plans are to draft the guidance internally with assistance from district mining staff and program counsel. The draft will be circulated among district offices, program counsel, Policy Office, Pa. Coal Association and citizens groups. Anticipated Effective Date: December 1, 1997 Anticipated Draft Development Date: October 1, 1997 Contact: Harold Miller at (717) 783-8845.

   DEP ID: 562-2402-501 Title: Blasters Licenses Background: The proposed changes to this guidance will clarify the procedure for suspending and revoking Blasters Licenses. Proposed Development and Review Process: We expect to involve the International Society of Explosive Engineers. We do not expect controversy over these changes. Anticipated Effective Date: January 1, 1997 Anticipated Draft Development Date: October 30, 1996 Contact: Michael J. Getto at (717) 787-7846.

Notice of Intent to Rescind Technical Guidance

   1. Persons having questions about any of the guidance listed in this section should contact Evan Shuster at (717) 787-7846.

   DEP ID: 561-2000-713 BMR PGM: V:700:713 Title: Name Change--Licenses/Bonding/Permits Background: This guidance is no longer needed. It is a duplicate of 562-2000-703.

   DEP ID: 561-3900-704 BMR PGM: V:704:01 Title: Complaint Tracking on LUMIS Background: The existing guidance is out-dated and no longer in use. There is now a Department-wide compliant tracking system in use.

   DEP ID: 562-3300-804 BMR PGM: I:08:04 Title: Annual Production Reports Background: This guidance is no longer in use. Collection of annual production data is now the responsibility of the Bureau of Deep Mine Safety. Rescission will have no effect on the operation of the program.

   DEP-ID: 562-3600-103 BMR PGM: I:01:03 Title: Aerial Surveillance Background: This guidance is out-dated and no longer used. This rescission will have no effect on the operation of the program.

   DEP ID: 562-3900-401 BMR PGM: I:04:01 Title: Citizen Complaints and Requests Background: The existing guidance is obsolete. It has been replaced with a Department-wide system for handling complaints.

   DEP ID: 562-4000-302 BMR PGM: I:03:02 Title: Pattern of Violation Background: This guidance is no longer needed. Provisions of this guidance which are critical to the operation of the program have been incorporated into 562-4100-302.

   DEP ID: 562-4000-304 BMR PGM: I:03:04 Title: Extension of Compliance Dates Background: This guidance is no longer needed. Provisions of this guidance which are critical to the operation of the program have been incorporated into 562-4100-302.

   DEP ID: 562-4000-305 BMR PGM I:03:05 Title: Satisfactory Progress Background: This guidance is no longer needed. Provisions of this guidance which are critical to the operation of the program have been incorporated into 562-4100-302.

   DEP ID: 562-4100-303 BMR PGM: I:03:03 Title: Compliance Orders Background: This guidance is no longer necessary. Key provisions have been incorporated into 562-4100-302.

   DEP ID: 562-4100-313 BMR PGM: I:03:13 Title: Failure to Provide Treatment/Effluent Violations Background: This guidance is no longer necessary. Key provisions have been incorporated into 562-4100-302.

   DEP ID: 562-3200-206 BMR PGM: I:02:06 Title: Hydrologic Balance Effluent Standards Sampling Background: This existing guidance is no longer needed. Rescission will have no effect on the operation of the program.

   DEP ID: 563-4180-306 BMR PGM: VIII:03:06 Title: Noncoal Civil Penalty Assessments Background: This guidance is no longer needed. Key provisions have been incorporated into 562-4180-306.

   2. Persons having any questions about this guidance document, should contact Harold Miller at (717) 783-8845.

   DEP ID: 563-4000-201 BMR PGM: II:2:1 Title: Application Review, Primacy Repermitting Background: The subject guidance describes actions to be taken when operators fail to submit complete applications for mining activities which were in place prior to primacy and which will continue to operate after primacy. Since all applications potentially subject to these guidelines have been disposed, there is no longer any need for this guidance.

JAMES M. SEIF,   
Secretary

[Pa.B. Doc. No. 96-1800. Filed for public inspection October 25, 1996, 9:00 a.m.]


No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.