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PA Bulletin, Doc. No. 07-786

NOTICES

Availability of Technical Guidance

[37 Pa.B. 2142]
[Saturday, May 5, 2007]

   Technical guidance documents are available on the Department of Environmental Protection's (Department) website at www.depweb.state.pa.us (DEP Keywords: 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 2007.

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.

Draft Technical Guidance--Substantive Revision:

   DEP ID: 562-3000-102 Title: Coal and Industrial Mineral Mining Inspections, Description: This guidance document (formerly titled ''Inspection'') defines the content and frequency of inspections of coal and industrial minerals mining activities by inspectors of the Department's Bureau of District Mining Operations. Substantive revisions were recently made to the guidance in order to eliminate the requirement for monthly inspections for mining permits issued under Subchapter F of Chapter 87 or Subchapter G of Chapter 88 that have not been activated. (Subchapters F and G relate to pre-existing mine discharges). This revision is based on the determination that annual inspections are adequate. In addition, a revision was also made which deletes reference in the guidance document, which previously indicated that inspections would not be conducted after the bond for a mine site is collected. Federal regulations require that the inspections continue after collection of the bond. Written Comments: The Department is seeking comments on the substantive revisions made to technical guidance No. 562-3000-102. Interested persons may submit written comments on the substantive revisions to the technical guidance document by June 4, 2007. 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, Bureau of Mining and Reclamation, P. O. Box 8461, Harrisburg, PA 17105-8461, wallen@state.pa.us.

   Contact: Questions regarding the draft technical guidance document should be directed to William Allen at (717) 787-5103; or wallen@state.pa.us. Effective Date: Upon publication of notice as final in the Pennsylvania Bulletin.

Draft Technical Guidance:

   DEP ID: 563-2000-003 Title: Incidental Coal Extraction for Government-Financed Construction Projects or Government-Financed Relcamation Projects. Description: The regulations at 25 Pa. Code §  86.6 allow for an exemption from the permitting requirement for the extraction of coal incidental to government-financed construction projects and government-financed reclamation projects under certain circumstances. The Federal coal mining regulations also allow for the exemption at 30 CFR, Part 707. This guidance document describes the process to determine if a government-financed construction project or a government-financed reclamation project that will remove coal is eligible for an exemption under the aforementioned regulations. Written Comments: The Department is seeking comments on draft technical guidance No. 562-2000-003. Interested persons may submit written comments on the draft technical guidance document by June 4, 2007. 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, Bureau of Mining and Reclamation, P. O. Box 8461, Harrisburg, PA 17105-8461, wallen@state.pa.us.

   Contact: Questions regarding the draft technical guidance document should be directed to William Allen at (717) 787-5103; or wallen@state.pa.us. Effective Date: Upon publication of notice as final in the Pennsylvania Bulletin.

Final Technical Guidance:

   DEP ID: 550-2501-101 Title: Guidelines for Submitting Oil and Gas Well Bonds. Description: This document provides instruction to bond applicants and financial guarantors for submitting proper documents and financial instruments for oil and gas well bonds. Changes were made to the document, which were advertised for public comment in the Pennsylvania Bulletin on May 13, 2006, at 36 Pa.B. 2342. Those changes included updates to the guidance document to reflect the recent amendments to the Oil and Gas Act (58 P. S. §§ 601.101--601.605), including the elimination of phased deposit bonds. Changes were also made concerning the submission of collateral from out-of-state financial institutions not registered to do business in this Commonwealth. For those specific financial institutions, letters of credit will be accepted if the institution consents in writing to jurisdiction and venue in this Commonwealth. Other changes were made to the guidance document to aid the users and financial institutions on proper completion of the bond forms. The Department did not receive comments from the public during the 30-day public comment period.

   Contact: David J. English, Department of Environmental Protection, Bureau of Oil and Gas Management, Rachel Carson State Office Building, P. O. Box 8765, Harrisburg, PA 17105-8765 or daenglish@state.pa.us. Effective Date: May 5, 2007.

KATHLEEN A. MCGINTY,   
Secretary

[Pa.B. Doc. No. 07-786. Filed for public inspection May 4, 2007, 9:00 a.m.]


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