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PA Bulletin, Doc. No. 03-2152

NOTICES

Availability of Technical Guidance

[33 Pa.B. 5572]

   Technical guidance documents are on the Department of Environmental Protection's (Department) website (www.dep.state.pa.us) at the Public Participation Center page. The ''Current Inventory'' heading is the Governor's list of the Department's nonregulatory guidance documents. The ''Final Documents'' heading is the link to a menu of the various Department bureaus and from there to each bureau's final technical guidance documents. The ''Draft Technical Guidance'' heading is the link to the Department's draft technical guidance documents.

Ordering Paper Copies of Department Technical Guidance

   The Department encourages the use of the Internet to view guidance documents. When this option is not available, persons can order a bound paper copy of the latest inventory or an unbound paper copy of any of the final documents listed on the inventory by calling the Department at (717) 783-8727.

   In addition, bound copies of some of the Department's documents are available as Department publications. Check with the appropriate bureau for more information about the availability of a particular document as a publication.

Changes to Technical Guidance Documents

   Following is the current list of recent changes. Persons who have any questions or comments about a particular document should call the contact person whose name and phone number is listed with each document.

Draft Technical Guidance

   DEP ID: 383-2125-001. Title: Proposals to Add or Remove Fluoridation Treatment by a Community Water System. Description: The purpose of this guidance is to clarify existing regulatory requirements regarding the addition or removal of water fluoridation treatment. This guidance applies to community water systems and will be used by Department staff to direct and support the implementation of related required activities. Comment Period Ends: December 8, 2003. Contact: Jeff Gordon, (717) 772-4018, jegordon@state.pa.us.

Draft Technical Guidance--Substantive Revision

   DEP ID: 258-2182-773. Title: Clean Fill Policy. Description: This policy replaces the Department's ''Policy and Procedure Establishing Criteria for Use of Uncontaminated Soils, Rock, Stone, Unused Brick and Block, Con-crete and Used Asphalt as Clean Fill'' which became effective February 29, 1996. This document is designed to assist Department staff in determining whether material should be managed as clean fill or regulated fill.

Background

   In 1996, guidelines for the management of clean fill were established by Departmental policy in technical guidance document no. 258-2182-773. Subsequent revisions were proposed to the policy in March 2000, which were advertised for public comment and review. During the public comment period on the policy revisions, several commentators recommended, and the Department concurred, that the Department regulate fill by regulation, rather than by policy. Additional recommendations were also received during the public comment period on the revised policy, which were considered and incorporated by the Department into a newly proposed safe fill regulatory package, which was published at 32 Pa.B. 564 (February 2, 2002) with a 60-day public comment period that concluded on April 3, 2002. Additional detail on the earlier history is available at 32 Pa.B. 564 and 565.

   In response to comments received during the public comment period on the proposed regulatory package for safe fill, as well as the Department's review of other related information, the Department prepared a draft final rulemaking for public comment. To solicit comments on this draft final rulemaking, the Department published an Advance Notice of Final Rulemaking (ANFR) at 33 Pa.B. 2880 (June 21, 2003). A 45-day public comment period, which concluded on August 5, 2003, was provided for the ANFR. Comments received on the ANFR included comments that the proposed standards, as they had evolved over several years, were too complicated and difficult to implement. In response, the Department decided to request that the Environmental Quality Board withdraw the rulemaking. In addition, the Department has developed a new clean fill policy (policy) and is requesting public comment on the policy through this notice.

Substantive Revisions

   The new, simplified policy specifically defines what materials are acceptable as uncontaminated clean fill, removes restrictions on the use of those materials and eliminates the complicated standards for chemical constituents used to define clean fill in the past. Under the policy, fill is contaminated if it has been subject to any release of regulated substances. If fill material is determined not to be contaminated based on due diligence, unrestricted movement of the fill is allowed under this policy.

   This proposed policy also introduces a new classification of fill as ''regulated fill,'' which will be available for beneficial use under a proposed General Permit for Use of Regulated Fill as a construction material (see 33 Pa.B. 5573 (November 8, 2003)). The general permit lists acceptable chemical concentration levels for regulated fill and allows the material to be used as a construction material to grade areas, control runoff and limit water infiltration. The general permit also sets standards for use of regulated in a residential setting under the Commonwealth's Residential Statewide Health Standards and the use of regulated fill in industrial settings under the Nonresidential Statewide Health Standards. The Department willaccept comments on the General Permit for Use of Regulated Fill, published at 33 Pa.B. 5573 (November 8, 2003). Comments on the general permit must be provided to the Department by January 9, 2004.

Written Comments

   Interested persons may submit written comments on the draft substantive revisions to technical guidance document no. 258-2182-773 by January 9, 2004. Comments submitted by facsimile will not be accepted; however, the Department will accept comments submitted by e-mail. A return name and address must be included in each e-mail transmission.

   Written comments may be submitted to Khatija Satyaswaroop, Bureau of Land Recycling and Waste Management, Division of Municipal and Residual Waste, 14th Floor, Rachel Carson State Office Building, P. O. Box 8471, Harrisburg, PA 17105-8471, ksatyaswar@ state.pa.us.

   During the public comment period for technical guidance document no. 258-2182-773, the Department will continue to enforce the 1996 Clean Fill Policy, along with the February 2, 2002, proposed safe fill numeric standards, on a case-by-case basis.

Availability of the Proposals

   Copies of draft technical guidance document no. 258-2182-773, as well as the General Permit for Use of Regulated Fill, are available by contacting Khatija Satyaswaroop. The proposals are also available on the Department website at www.dep.state.pa.us (DEP Keyword: Participate; scroll down to ''Proposals Open for Comment'').

KATHLEEN A. MCGINTY,   
Secretary

[Pa.B. Doc. No. 03-2152. Filed for public inspection November 7, 2003, 9:00 a.m.]


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