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PA Bulletin, Doc. No. 04-1693

NOTICES

Availability of Technical Guidance

[34 Pa.B. 5108]

   Technical guidance documents are available on the Department of Environmental Protection's (Department) website: www.dep.state.pa.us (DEP Keyword: Participate). 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 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--Substantive Revision

   DEP ID: 274-4000-004 Title: Compliance Assurance Policy for Continuous Emission Monitoring Systems (CEMS) on Fluid Catalytic Cracking Units. Description: This policy establishes uniform criteria for assessing monetary penalties for exceedances of visible emission (opacity) standards and exceedances of data availability requirements through agreements rather than criminal citations or civil penalty actions. Substantive changes were proposed to this guidance document, which were advertised for public comment at 33 Pa.B. 4980 (October 4, 2003). Changes made to the document include updates to ensure the guidance document is consistent with the three more recent Compliance Assurance Policies implemented by the Commonwealth since 1989. Other changes made to the guidance document include the following: adjustments to penalty amounts to reflect inflation; changes to increase the maximum penalty ceilings for both emission and data availability; modifications to lower the daily maximum forgiveness allowed before penalties are assessed; and changes to increase penalties for 60% opacity standard emission violations, beyond those penalties assessed for 20% opacity standard violations, to further recognize the more adverse environmental impacts of these violations. Effective Date: The Department will begin to apply the criteria established in this guidance beginning with the fourth quarter 2004 data, or October 1, 2004.

KATHLEEN A. MCGINTY,   
Secretary

[Pa.B. Doc. No. 04-1693. Filed for public inspection September 10, 2004, 9:00 a.m.]


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