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PA Bulletin, Doc. No. 97-192

NOTICES

Availability of Technical Guidance

[27 Pa.B. 764]

Governor's Office List

   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.

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 edition of the Inventory is the December 1996 edition. One version of the list of the documents contained in this edition is now available on DEP's World Wide Web site. 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 Public Participation Center, scroll down to the ''Technical Guidance Document'' heading and (under this heading) click on ''Basic Inventory.''

   Paper copies of the Inventory are being printed and will be available mid-January. DEP automatically mails a paper copy of the December 1996 Inventory to persons who received a paper copy of the June 1996 Inventory. Persons who wish to add their address to the mailing list should call Nina Huizinga at (717) 783-8727.

DEP's Technical Guidance Documents on the World Wide Web

   DEP's Web address is http://www.dep.state.pa.us. 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 contains several links to DEP's Technical Guidance Documents. The link to draft technical guidance documents is listed under the heading ''Proposals Open to Comment.'' The link to recently finalized technical guidance documents is listed under the heading ''Recently Finalized Proposals.'' Two links are under the heading ''Technical Guidance Documents'': one link is to the ''Basic Inventory'' and one link is to ''Final Documents'' on the Web. The final documents menu will list DEP's bureaus. Persons should click on the name of the bureau to get to the list of the documents from that bureau that are currently on the Web. Then, to get to see a document, persons should click on the ID number of the document. DEP will be adding its revised documents to the Web throughout 1997.

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 about a particular document should call the contact person whose name and phone is listed with each document. Persons who have questions or comments about the Inventory, the documents on the World Wide Web, the availability of paper copies from the printer or the technical guidance document process in general should call Nina Huizinga at (717) 783-8727.

Final Technical Guidance--Substantive Revisions to Existing Guidance

   DEP ID: 361-0800-001. Title: Principles for Ground Water Pollution Prevention and Remediation. Description: This guidance sets forth the principles for a consistent Statewide program for prevention of ground water pollution and remediation of contaminated ground water. Page Length: 5 pages. Location: Volume 28, Tab 6. Contact: James T. Ulanoski at (717) 787-9633.

Final Technical Guidance--Minor Revision

   DEP ID: 383-3301-106. Title: Filter Rule Reporting Instructions for Public Water Systems Using Filtered Surface--Water Sources. Description: This document establishes uniform instructions and protocol for certified laboratory directors and public water suppliers for the proper reporting of turbidity, disinfectant residual and heterotrophic bacteria performance monitoring data to DEP under the Safe Drinking Water Program. Page Length: 40 pages. Location: Volume 20, Tab 6. Contact: Joe Hoffman at (717) 787-5017.

Draft Technical Guidance

   DEP ID: 580-2200-003. Title: Use of Electronic Atmospheric Detectors in lieu of Approved Flame Safety Lamps. Background: Section 316(h) of the Pennsylvania Bituminous Coal Mine Act identifies gas detection requirements for machine operators. Specifically, machine operators are required to carry flame safety lamps. MSHA requires an electronic methane detector for gas checks instead of a flame safety lamp. Technological advances in electronic gas detection equipment have increased their reliability. Mine operators have indicated a need to use electronic detectors in lieu of flame safety lamps for machine operators. This technical guidance is necessary to ensure that reasonable and consistent standards exist for the approval of alternate gas detection devices. This guidance will establish the necessary standards. Establishment of standards will align Federal and State requirements. Deadline for Submittal of Comments: March 8, 1997. Contact: Glen D. Ziegler at (717) 787-1376.

   DEP ID: 580-2200-008. Title: Approval of Internal Combustion Motors in Underground Mines other than Coal. Background: Section 25-2(f) of the General Safety Law requires that all mines other than coal mines be operated in a manner that provides reasonable and adequate protection to workers employed therein. In furtherance of this requirement, the use of internal combustion motors in underground mines other than coal mines is prohibited unless otherwise approved by the Department. This technical guidance is necessary to ensure that reasonable and consistent standards exist for the approval and regulation of internal combustion motored equipment. Deadline for Submittal of Comments: March 8, 1997. Contact: Glen D. Ziegler at (717) 787-1376.

Notice of Intent to Revise Existing Guidance

   DEP ID: 563-2100-216. Title: Permit Renewals. Background: This guidance relates to the coal mine permit renewal requirements of 25 Pa. Code § 86.55. This section of the regulations was revised in December, 1995. Additional guidance is necessary to address the revisions. Anticipated Effective Date: May 1, 1997. Anticipated Draft Development Date: February 28, 1997. Proposed Development and Review Process: The revisions will be drafted with input from the District Mining Office and the Office of Chief Counsel. The draft guidance will be provided to the Pennsylvania Coal Association, Pennsylvania Anthracite Council, Pennsylvania Mining Professionals and the public for review and comment. Contact: Nevin Strock at (717) 783-8845.

   DEP ID: 561-5300-101. Title: Mine Subsidence Insurance (MSI) Coverage Issuance Procedures. Background: This guidance will standardize the administrative procedures and forms used to respond to requests for MSI coverage. Anticipated Effective Date: November 30, 1997. Anticipated Draft Development Date: May 31, 1997, Proposed Development and Review Process: These administrative procedures will be drafted by a committee consisting of representatives from the MSI Field Offices and the MSI Central Office. The draft will be forwarded by the Central Office to the appropriate Department levels for review and comments. All comments will be answered or incorporated into the final draft. The final draft will be announced in the UPDATE and in the Pennsylvania Bulletin, placed on DEP's Web site for public comment and circulated within DEP for final consideration. Contact: Lawrence Ruane at (717) 783-9586.

   DEP ID: 561-5300-201, Title: Mine Subsidence Insurance (MSI) Damage Claim Processing Procedures. Background: This guidance will standardize the administrative procedures and form used to respond to damage claims made by MSI policy holders. Anticipated Effective Date: November 30, 1997. Anticipated Draft Development Date: May 31, 1997. Proposed Development and Review Process: Same as for 561-5300-101 (above). Contact: Lawrence Ruane at (717) 783-9586.

Notice of Intent to Rescind Technical Guidance

   DEP ID: 561-2114-101. Title: Areas Unsuitable for Mining: Guidelines for Discretionary Criteria. Background: On October 25, 1995 the Environmental Quality Board (EQB) proposed rulemaking that incorporated the provisions of this guidance as regulations. An informal review of the proposed rulemaking by the Federal Office of Surface Mining Reclamation and Enforcement (OSMRE) indicated that the proposed rulemaking and program amendment would be less effective than the corresponding Federal requirements. OSMRE believes that the provisions of the proposed rulemaking would limit the consideration of petitions under the discretionary criteria. The EQB withdrew the proposed regulatory changes to the discretionary criteria. Because the proposed rulemaking was based upon this guidance, the Department believes that this guidance should also be rescinded. The rescission of this guidance will not have any effect on the operation of the program. Recommendations for designation of areas as unsuitable for mining, under this regulatory criteria, will remain at the discretion of the Department. Effective Date of Rescission: February 14, 1997. Contact: M. C. McCommons at (717) 787-4761.

JAMES M. SEIF,   
Secretary

[Pa.B. Doc. No. 97-192. Filed for public inspection February 7, 1997, 9:00 a.m.]


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