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PA Bulletin, Doc. No. 05-426

NOTICES

Availability of Technical Guidance

[35 Pa.B. 1637]

   Technical guidance documents are 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 2005.

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 Guidance--Substantive Revision

   DEP ID: 562-4100-301. Title: Compliance/Enforcement Procedures. Description: This document defines the procedures to be utilized by Department staff for taking enforcement actions on coal and industrial mineral mining sites. It is issued under the authority of the Surface Mining Conservation and Reclamation Act (52 P. S. §§ 1396.1--1396.19a), The Clean Streams Law (35 P. S. §§ 691.1--691.1001) and 25 Pa. Code § 86.211 (relating to enforcement--general). The document was revised to conform to the Department's ''Standards and Guidelines For Identifying, Tracking, and Resolving Violations,'' which was issued on April 4, 2004. A notice of availability of the draft version of this document was published at 34 Pa.B. 4202 (August 7, 2004). Provision for a 30-day public comment period was provided for the draft document, which concluded on September 6, 2004. The Department did not receive any comments during the public comment period. Contact: William S. Allen, Jr., Bureau of Mining and Reclamation, (717) 787-5103, wallen@state.pa.us. Effective Date: March 5, 2005.

   DEP ID: 562-4180-306. Title: Coal Civil Penalties. Description: This document defines the procedures to be utilized by Department staff for taking civil penalty actions on coal mining sites. The guidance applies to violations of 25 Pa. Code Chapters 86--90 and the applicable statutes. It is issued under the authority of 25 Pa. Code Chapter 86, Subchapter G (relating to civil penalties for coal mining activities). The document was revised to conform to the Department's ''Standards and Guidelines for Identifying, Tracking, and Resolving Violations,'' which was issued on April 4, 2004. A notice of availability of the draft version of this document was published at 34 Pa.B. 4202. Provision for a 30-day public comment period was provided for the draft document, which concluded on September 6, 2004. The Department did not receive any comments during the public comment period. Contact: William S. Allen, Jr., Bureau of Mining and Reclamation, (717) 787-5103, wallen@state.pa.us. Effective Date: March 5, 2005.

Draft Technical Guidance--Substantive Revision

   DEP ID: 383-2300-001. Title: Pennsylvania's Interim Program for Operator Certification. Description: The guidance and procedures contained in this document provide direction to the Department and the State Board for Certification of Water and Wastewater Systems Operators to implement the Water and Wastewater Systems Operators' Certification Act (63 P. S. §§ 1001--1015.1) and to meet Federal guidelines contained in section 1419 of the 1996 amendments to the Federal Safe Drinking Water Act. A notice of availability of the final document, which was effective on January 31, 2004, was published at 34 Pa.B. 997 (February 21, 2004). Recent changes were made to the guidance to more effectively implement the Interim Operator Certification Program. Specifically, revisions are proposed to the Interim Operator Certification Program to implement new operator certification experience requirements imposed by the Federal Environmental Protection Agency guidelines. These changes will help to streamline and simplify the experience requirements prescribed in the Commonwealth's Interim Program, thereby aligning these requirements with those established by other states. The guidelines provided in this document will be superceded by regulatory requirements promulgated by the Environmental Quality Board (Board). It is anticipated these proposed regulations will be presented to the Board for consideration in Fall 2005. Written Comments: Interested persons may submit written comments on draft technical guidance document #383-2300-001 by April 4, 2005. Comments submitted by facsimile will not be accepted. 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 Foster Diodato, Department of Environmental Protection, Bureau of Water Supply and Wastewater Management, Rachel Carson State Office Building, 11th Floor, Harrisburg, PA 17105-8467, fdiodato@state.pa.us. Questions regarding the draft technical guidance document should be directed to Foster Diodato, (717) 787-0122, fdiodato@state.pa.us.

   DEP ID: 383-2000-108. Title: Construction and Operation Permits Guidance. Description: The guidance and procedures contained in this document provide directionto Department staff for implementing permit issuance and tracking activities under the safe drinking water management programs. A notice of availability of the final document, which was effective on November 1, 1997, with minor revisions, was advertised at 27 Pa.B. 6278 (November 29, 1997). Recent substantive changes were made to the guidance. These changes include the establishment of procedures for the issuance of permits under emergency conditions and provisions for assigning numbers to operation permits, including the option of assigning an operation permit with the same permit number provided in the corresponding construction permit. In addition to these changes, the guidance also includes information concerning bottled water systems and noncommunity water systems and the requirements necessary for each to be exempt from construction and operations permitting requirements. Information regarding documentation requirements for all construction, operation, amendment, transfer and emergency permit approvals is also included in the guidance. Written Comments: Interested persons may submit written comments on draft technical guidance document #383-2000-1081 by April 4, 2005. Comments submitted by facsimile will not be accepted. 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 Jeff Gordon, Department of Environmental Protection, Bureau of Water Supply and Wastewater Management, Rachel Carson State Office Building, 11th Floor, Harrisburg, PA 17105-8467, jegordon@state.pa.us. Questions regarding the draft technical guidance document should be directed to Jeff Gordon, (717) 772-4046, jegordon@state.pa.us.

KATHLEEN A. MCGINTY,   
Secretary

[Pa.B. Doc. No. 05-426. Filed for public inspection March 4, 2005, 9:00 a.m.]



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