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PA Bulletin, Doc. No. 06-280

NOTICES

Availability of Technical Guidance

[36 Pa.B. 880]

   Technical guidance documents are available on the Department of Environmental Protection's (Department) website at www.depweb.state.pa.us (DEP Keyword: Technical Guidance). The ''Final Documents'' heading is the link to a menu of the various Department bureaus where each bureau's final technical guidance documents are posted. 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 2006.

Ordering Paper Copies of Department Technical Guidance

   The Department encourages the use of the Internet to view and download technical guidance documents. When this option is not available, persons can order a paper copy of any of the Department's draft or final technical guidance documents by contacting 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: 362-4000-003. Title: Act 537 Program Guidance; Local Agency/Municipality Evaluation and Compliance Activity. Description: This document provides guidance concerning the implementation and execution of compliance and enforcement activities related to the Sewage Facilities Act (Act 537). Specifically, the guidance provides general strategy and procedures to Department staff for evaluating municipal and local agency performance when implementing the Act 537 program. It also provides potential compliance actions available to municipalities and local agencies to correct deficient performance. The document was developed in conformance with the Department's policy on ''Standards and Guidelines For Identifying, Tracking, and Resolving Violations'' and is issued under the authority of the Pennsylvania Sewage Facilities Act (35 P. S. §§ 750.1--750.20a) and 25 Pa. Code Chapters 71--73 (relating to administration of Sewage Facilities Planning Program; administration of Sewage Facilities Permitting Program; and standards for onlot sewage treatment facilities). Notice of the draft guidance document was published at 35 Pa.B. 3601 (June 25, 2005) with provision for a 30-day public comment period that concluded on July 25, 2005. The Department did not receive any written comments on the draft document during the public comment period. Contact: James Novinger, Department of Environmental Protection, Bureau of Water Standards and Facililty Regulation, P. O. Box 8774, Harrisburg, PA 17105-8774, (717) 787-9637, jnovinger@state.pa.us. Effective Date: February 18, 2006.

   DEP ID: 362-4000-004. Title: Act 537 Program Guidance; Sewage Enforcement Officer Evaluation and Compliance Activity. Description: This document identifies general strategy and procedures used by Department staff when evaluating the performance of a sewage enforcement officer (SEO) relative to their responsibilities specified in Act 537. The document also provides potential compliance actions available to SEOs to correct deficient performance. The document was developed in conformance with the Department's policy on ''Standards and Guidelines For Identifying, Tracking, and Resolving Violations'' and is issued under the authority of the Pennsylvania Sewage Facilities Act and 25 Pa. Code Chapters 72 and 73. Notice of the draft guidance document was published at 35 Pa.B. 3601 with provision for a 30-day public comment period that concluded on July 25, 2005. The Department received comments on the draft document, which were addressed in a Department-prepared Comment and Response document. Contact: James Novinger, Department of Environmental Protection, Bureau of Water Standards and Facility Regulation, P. O. Box 8774, Harrisburg, PA 17105-8774, (717) 787-9637, jnovinger@state.pa.us. Effective Date: February 18, 2006.

   DEP ID: 362-4000-005. Title: Act 537 Program Guidance; Enforcement--Identifying, Tracking and Resolving of Sewage Facilities Act Violations. Description: This document identifies general strategy and procedures used by Department staff for pursuing enforcement activity against municipalities, local agencies and sewage enforcement officers found to be sufficiently deficient in their responsibilities under Act 537 to warrant formal action. The document was developed in conformance with the Department's policy on ''Standards and Guidelines For Identifying, Tracking, and Resolving Violations'' and is issued under the authority of the Pennsylvania Sewage Facilities Act and 25 Pa. Code Chapters 71--73. Notice of the draft guidance document was published at 35 Pa.B. 3601 with provision for a 30-day public comment period that concluded on July 25, 2005. The Department did not receive any written comments on the draft document during the public comment period. Contact: James Novinger, Department of Environmental Protection, Bureau of Water Standards and Facility Regulation, P. O. Box 8774, Harrisburg, PA 17105-8774, (717) 787-9637, jnovinger@state.pa.us. Effective Date: February 18, 2006.

   DEP ID: 362-4180-004. Title: Act 537 Program Guidance: Calculating Civil Penalty Assessment Amounts. Description: This document establishes procedures for the calculation and assessment of civil penalties under Act 537. The document was developed in conformance with the Department's policy on ''Standards and Guidelines For Identifying, Tracking, and Resolving Violations'' and is issued under the authority of the Pennsylvania Sewage Facilities Act. Notice of the draft guidance document was published at 35 Pa.B. 3601 with provision for a 30-day public comment period that concluded on July 25, 2005. The Department did not receive any written comments on the draft document during the public comment period. Contact: James Novinger, Department of Environmental Protection, Bureau of Water Standards and Facility Regulation, P. O. Box 8774, Harrisburg, PA 17105-8774, (717) 787-9637, jnovinger@state.pa.us. Effective Date: February 18, 2006.

   DEP ID: 362-4180-005. Title: Act 537 Program Guidance; Civil Penalty Assessment Processing. Description: This document establishes procedures to ensure the consistent application and processing of civil penalty assessment authority, as provided to the Department by section 13.1 of Act 537. The document was developed in conformance with the Department's policy on ''Standards and Guidelines For Identifying, Tracking, and Resolving Violations'' and is issued under the authority of the Pennsylvania Sewage Facilities Act. Notice of the draft guidance document was published at 35 Pa.B. 3601, with provision for a 30-day public comment period that concluded on July 25, 2005. The Department did not receive any written comments during the public comment period. Contact: James Novinger, Department of Environmental Protection, Bureau of Water Standards and Facility Regulation, P. O. Box 8774, Harrisburg, PA 17105-8774, (717) 787-9637, jnovinger@state.pa.us. Effective Date: February 18, 2006.

Draft Technical Guidance--Substantive Revision

   DEP ID: 362-0300-002. Title: Small Flow Treatment Facilities Manual. Description: This manual proposes major amendments to the existing guidance at 33 Pa.B. 5783 (November 22, 2003) regarding the design, permitting, installation, operation and maintenance of small flow treatment facilities. Specific amendments proposed to the guidance include changes to the grade of a building sewer, filter design loading rates, sand and underdrain piping specifications, accessible sand filter design and septic tank design. A change to the Annual Maintenance Report submission date is also proposed. The guidance is issued under the authority of the Pennsylvania Sewage Facilities Act, The Clean Streams Law (35 P. S. §§ 691.1--691.1001) and Title 25 Pa. Code Chapter 91 (relating to general provisions). Written Comments: The Department is seeking comments on the substantive revisions to draft technical guidance #362-0300-002. Interested persons may submit written comments on this draft technical guidance document by March 20, 2006. 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 Tom Franklin, Department of Environmental Protection, Bureau of Water Standards and Facility Regulation, Rachel Carson State Office Building, 11th Floor, Harrisburg, PA 17105-8774, thfranklin@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 Tom Franklin, (717) 783-1820, thfranklin@state.pa.us.

Draft Technical Guidance

   DEP ID: 563-2112-101. Title: Aboveground Storage Tanks on Coal Mining Permits. Description: This draft technical guidance document describes the permitting and monitoring requirements for aboveground storage tanks on coal mine sites. It applies to all coal mining and reclamation activities approved under the Surface Mining Conservation and Reclamation Act, including Government Financed Construction Contracts. The guidance does not apply to storage tanks on Noncoal Mining Sites. The guidance is issued under the authority of the Surface Mining Conservation and Reclamation Act (52 P. S. §§ 1396.1--1396.19a), The Clean Streams Law and the Storage Tank and Spill Prevention Act (35 P.S. §§ 6021.101--6021.2104). Written Comments: The Department is seeking comments on draft technical guidance #563-2112-101. Interested persons may submit written comments on this draft technical guidance document by March 20, 2006. 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 William S. Allen, Jr., Department of Environmental Protection, P. O. Box 8461, Rachel Carson State Office Building, 5th Floor, Harrisburg, PA 17105-8461, wallen@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 William Allen, (717) 787-5103, wallen@state.pa.us.

KATHLEEN A. MCGINTY,   
Secretary

[Pa.B. Doc. No. 06-280. Filed for public inspection February 17, 2006, 9:00 a.m.]


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