Pennsylvania Code
Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

• No statutes or acts will be found at this website.

The Pennsylvania Bulletin website includes the following: Rulemakings by State agencies; Proposed Rulemakings by State agencies; State agency notices; the Governor’s Proclamations and Executive Orders; Actions by the General Assembly; and Statewide and local court rules.

PA Bulletin, Doc. No. 05-2089

NOTICES

Availability of Technical Guidance

[35 Pa.B. 6283]

   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.

Draft Technical Guidance--Substantive Revision

   DEP ID: 012-0200-001. Title: Policy for Consideration of Local Comprehensive Plans and Zoning Ordinances in DEP Review of Permits for Facilities and Infrastructure. Description: The Department permit review process considers, and under certain conditions relies upon, comprehensive planning and zoning ordinances in the decision-making process for authorizations related to facilities and infrastructure as required by the acts of 67, 68 and 127 of 2000. This policy provides direction and guidance to applicants and to Department staff on how the Department incorporates the requirements of these acts with Departmental decision-making processes. A Letter of Understanding (LOU) Regarding Consistency in Implementation of 2000 Amendments to the Pennsylvania Municipalities Planning Code (PA MPC) (53 P. S. §§ 10101--11202) was recently signed by the heads of ten State agencies, including the Departments of Community and Economic Development, Conservation and Natural Resources, Environmental Protection, Transportation, Agriculture and Education; the Pennsylvania Infrastructure Investment Authority; the Pennsylvania Public Utility Commission; the Historical and Museum Commission; and the Pennsylvania Emergency Management Agency. This LOU establishes a more consistent approach to applying the PA MPC across these ten State agencies. The proposed revision to the Department's policy incorporates changes necessary to implement the LOU. The specific changes to the policy being proposed to implement the LOU are a revised definition of facilities and infrastructure, the expansion of the applicability of the policy to conform to the wording of section 1105 of the PA MPC (53 P. S. § 11105) by including municipalities that have adopted a county plan, and a revised process to have applicants obtain a letter from municipalities and the county, prior to submission of the application, regarding the consistency of the project with local comprehensive plans and zoning ordinances in areas where the PA MPC requirements are applicable. Written Comments: The Department is seeking comments on the specific changes identified previously. In particular, the Department seeks comments on the revised process and invites the public to propose alternatives that more efficiently accomplish the same result. Interested persons may submit written comments on the substantive revisions to this technical guidance document by December 12, 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 Lou Guerra, Jr., Department of Environmental Protection, Policy Office, P. O. Box 2063, Harrisburg, PA 17105-2063, lguerra@state.pa.us. Effective Date: Upon publication of notice as final in the Pennsylvania Bulletin. Contact: Questions regarding the draft technical guidance document should be directed to Lou Guerra, Jr. at (717) 783-8727 or at the e-mail address provided previously.

   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: This policy was developed to promote sound land use planning and development by considering comprehensive plans and generally consistent zoning ordinances in Departmental decision-making processes for grant and funding decisions related to facilities and infrastructure. A LOU Regarding Consistency in Implementation of 2000 Amendments to the PA MPC was recently signed by the heads of ten State agencies, including the Departments of Community and Economic Development, Conservation and Natural Resources, Environmental Protection, Transportation, Agriculture and Education; the Pennsylvania Infrastructure Investment Authority; the Pennsylvania Public Utility Commission; the Historical and Museum Commission; and the Pennsylvania Emergency Management Agency. This LOU establishes a more consistent approach to applying the PA MPC across these ten State agencies. The proposed revision to the Department's policy incorporates changes necessary to implement the LOU. The specific changes to the policy being proposed to implement the LOU are a revised definition of facilities and infrastructure, the expansion of the applicability of the policy to conform to the wording of section 1105 of the PA MPC by including municipalities that have adopted a county plan and a revised process to have applicants obtain a letter from municipalities and the county, prior to submission of the application, regarding the consistency of the project with local comprehensive plans and zoning ordinances in areas where the PA MPC requirements are applicable. Written Comments: The Department is seeking comments on the specific changes identified previously. In particular, the Department seeks comments on the revised process and invites the public to propose alternatives that more efficiently accomplish the same result. Interested persons may submit written comments on the substantive revisions to this technical guidance document by December 12, 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 Lou Guerra, Jr., Department of Environmental Protection, Policy Office, P. O. Box 2063, Harrisburg, PA 17105-2063, lguerra@state.pa.us. Effective Date: Upon publication of notice as final in the Pennsylvania Bulletin. Contact: Questions regarding the draft technical guidance document should be directed to Lou Guerra, Jr. at (717) 783-8727 or at the e-mail address provided previously.

KATHLEEN A. MCGINTY,   
Secretary

[Pa.B. Doc. No. 05-2089. Filed for public inspection November 11, 2005, 9:00 a.m.]


No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.