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PA Bulletin, Doc. No. 99-657

PROPOSED RULEMAKING

DEPARTMENT OF ENVIRONMENTAL PROTECTION

[25 PA. CODE CHS. 91, 97 AND 101]

Wastewater Management; Advance Notice of Final Rulemaking

[29 Pa.B. 2145]

   The Department of Environmental Protection (Department) is soliciting comments on changes it recommends to be made to the proposed amendments, which were published as proposed rulemaking at 27 Pa.B. 4343 (August 23, 1997). The Department is also holding one public hearing for the purpose of accepting comments from the public.

   The draft final regulations are designed, in part, to supplement the Department's implementation of its ''Final Strategy for Meeting Federal Requirements for Controlling Water Quality Impacts of Concentrated Animal Feeding Operations'' (the CAFO Strategy). Notice of this strategy was published at 29 Pa.B. 1439 (March 13, 1999). In response to the implementation of this strategy and following the Department's review of other related information, including public comments on the proposed rulemaking, the Department has prepared a draft final regulations for public comment. The draft final regulation contain significant changes in four major areas. Sections 91.6, 91.11 and 91.34 have been revised to provide guidance on pollution prevention measures. The freeboard requirements for waste impoundments in § 91.35 have been revised to reflect the CAFO Strategy. The agricultural operation pollution control and prevention provisions of § 91.36 have also been revised to reflect the CAFO Strategy. And finally, regulatory language is being proposed to replace guidance outlined in proposed § 91.37 relating to private projects.

   While there is no legal requirement to provide an opportunity to comment upon the Department's recommendations for final rulemaking, the Department believes further discussion would serve the public interest in this instance.

   A copy of the draft final regulations is available from Mary Miller at the Department of Environmental Protection, Bureau of Water Quality Protection, (717) 787-8184. Written comments on the draft final regulations must be received by May 26, 1999; no telefax comments will be accepted. Comments or requests for copies should be addressed or delivered to Milton Lauch, Chief, Division of Wastewater Management, Bureau of Water Quality Protection, P. O. Box 8774, 10th Floor, Rachel Carson State Office Building, Harrisburg, PA 17105-8774. The draft final regulations are also available electronically through the DEP Web site (http://www.dep.state.pa.us). Comments may be transmitted electronically to RegComments@A1.dep.state.pa.us, and must also be received by May 26, 1999. A subject heading of the proposal and a return name and address must be included in each transmission. If an acknowledgement of electronic comments is not received by the sender within 2 working days, the comments should be retransmitted to ensure receipt.

   A public hearing on the draft final regulations will be held at 6:30 p.m. on May 25, 1999, at the Southcentral Regional Office of the Department of Environmental Protection, which is located at 909 Elmerton Avenue, Harrisburg, PA.

   Persons wishing to present testimony at the hearings are requested to contact Mary Miller at (717) 787-8184 at least 1 week in advance of the hearing to reserve a time to present testimony. Oral testimony is limited to 10 minutes for each witness. Witnesses are requested to submit three written copies of their oral testimony to the hearing chairperson at the time of the hearing. Each organization is limited to designating one witness to present testimony on its behalf.

   Persons in need of accommodations as provided for in the Americans With Disabilities Act of 1990 should contact Mary Miller at (717) 787-8184 or the Pennsylvania AT&T Relay Service at (800) 654-5984 to discuss how the Department may accommodate their needs.

JAMES M. SEIF,   
Secretary

[Pa.B. Doc. No. 99-657. Filed for public inspection April 23, 1999, 9:00 a.m.]


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