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COMMONWEALTH OF PENNSYLVANIA

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PA Bulletin, Doc. No. 04-692

NOTICES

Availability of Technical Guidance

[34 Pa.B. 2237]

   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 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.

   The Department will continue to revise its nonregulatory documents, as necessary, throughout 2004.

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 questions or comments about a particular document should call the contact person whose name and phone number is listed with each document.

Final Technical Guidance

   DEP ID: 012-0501-002. Title: Environmental Justice Public Participation Policy. Description: This policy implements the public participation recommendations of the Environmental Justice Work Group June 2001 report. It provides direction and guidance to Department staff on how to identify an Environmental Justice Area, based on proximity to the site of a proposed facility in a permit application as well as on demographic data. The policy enables the Department to design a public participation strategy for permit applications within those areas. Effective Date: April 24, 2004. Contact: Marcus Kohl, (717) 783-5630, mkohl@state.pa.us.

   DEP ID: 258-2182-773. Title: Management of Fill. Description: This policy, which replaces the Department's existing Clean Fill Policy dated February 29, 1996, provides the Department's procedures for determining whether material is clean fill or regulated fill. Under the policy, regulated fill may not be used unless the activity involving the regulated fill is covered by a general permit issued by the Department under the authority of the Solid Waste Management Act (SWMA). The policy does not apply to mine land reclamation activities subject to a permit. The excavation, movement or reuse of fill material within a project area or right-of-way of a project is not an activity that requires an SWMA permit. Effective Date: April 24, 2004. Contact: Tom Fidler, (717) 783-7816, tfidler@state.pa.us.

Draft Technical Guidance--Substantive Revision

   DEP ID: 012-0200-002. Title: Policy for Consideration of Comprehensive Plans and Zoning Ordinances in DEP Review of Grants and Funding for Facilities and Infrastructure. Description: On October 14, 2000, this guidance was published as an Interim Policy at 30 Pa.B. 5336 (October 14, 2000) with a 30-day public comment period. Under comments received, the Department revised the policy and is seeking additional comments on the proposed revisions. The revised guidance provides direction to Department staff for the implementation of Acts 67 and 68 of 2000 in the administration of current Department grants and funding decisions to avoid or minimize conflicts with local land use decisions. The revised guidance addresses how the Department will consider comprehensive plans and generally consistent zoning ordinances when reviewing grant applications for facilities or infrastructure development. Written Comments: Interested persons may submit written comments on draft technical guidance document #012-0200-002 by May 24, 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 should be submitted to Julia Anastasio, Executive Policy Specialist, Department of Environmental Protection, Policy Office, Rachel Carson State Office Building, P. O. Box 2063, Harrisburg, PA 17105-2063, janastasio@state.pa.us. Questions regarding the draft technical guidance document should be directed to Julia Anastasio, (717) 783-8727.

Draft Technical Guidance

   DEP ID: 012-0200-004. Title: Policy for Applications for Technical or Financial Assistance Proposals Consistent with Multi-Municipal Planning Under Acts 67 and 68. Description: This draft guidance addresses how the Department will consider multi-municipal planning efforts in the awarding of financial or technical assistance by the Department. The policy is intended to encourage multi-municipal planning by giving priority in the ranking or scoring of applications originating from areas of this Commonwealth that have undertaken planning on a regional basis. The draft guidance document applies only to applications for proposed projects in counties and local municipalities covered under the Pennsylvania Municipalities Planning Code (MPC), 53 P. S. §§ 10101--11202, as amended by Acts 67 and 68 of 2000. The MPC does not apply to first and second class cities (Philadelphia and Pittsburgh) or first class counties (Philadelphia). Written Comments: Interested persons may submit written comments on draft technical guidance document #012-0200-004 by May 24, 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 should be submitted to Julia Anastasio, Executive Policy Specialist, Department of Environmental Protection, Policy Office, Rachel Carson State Office Building, P. O. Box 2063, Harrisburg, PA 17105-2063, janastasio@state.pa.us. Questions regarding the draft technical guidance document should be directed to Julia Anastasio at (717) 783-8727.

KATHLEEN A. MCGINTY,   
Secretary

[Pa.B. Doc. No. 04-692. Filed for public inspection April 23, 2004, 9:00 a.m.]



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