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PA Bulletin, Doc. No. 08-1710

NOTICES

Availability of Technical Guidance

[38 Pa.B. 5228]
[Saturday, September 20, 2008]

   Technical guidance documents are available on the Department of Environmental Protection's (Department) web site 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 2008.

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: 563-2112-224. Title: Certification Guidelines for the Chemical and Physical Properties of Coal Ash Beneficially Used at Mines. Description: The guidance has been updated to incorporate additional chemical parameters that were recommended by the National Academy of Sciences for sites that receive coal ash. This document explains the minimum standards for physical and chemical characteristics of coal ash which are used by the Department to assure that the beneficial use of coal ash at mine sites will not cause pollution and will meet reclamation objectives. This document also explains the procedures for a generator of coal ash to obtain approval for the ash to be beneficially used at mine sites for reclamation. This guidance applies to generators of coal ash, mine operators, consultants, reclamation contractors and Department staff who are involved in the beneficial use of coal ash at active surface and deep coal mines, coal refuse reprocessing sites, coal refuse disposal sites, and abandoned coal and noncoal mines. Written Comments: Interested persons may submit written comments on this draft technical guidance document by November 19, 2008. The Department will accept comments submitted by e-mail, but comments submitted by facsimile will not be accepted. A return name and address must be included in each e-mail transmission. Written comments should be submitted to Keith Brady, Department of Environmental Protection, Bureau of Mining and Reclamation, Division of Permits, P. O. Box 8461, Harrisburg, PA 17105-2454, kbrady@state.pa.us. Contact: Questions regarding the technical guidance document should be directed to Keith Brady at (717) 787-5103; kbrady@ state.pa.us. Effective Date: Upon publication of notice as final in the Pennsylvania Bulletin.

   DEP ID: 563-2112-225. Title: Mine Site Approval for the Beneficial Use of Coal Ash. Description: The Department provides for two beneficial uses of coal ash, placement and soil substitute or soil additive, that can be approved at mine sites as part of the Department's mine reclamation contracts or in other Department approved permitted projects. This document describes acceptable procedures for the beneficial uses of coal ash at mines. This guidance applies to generators of coal ash, mine operators, consultants, reclamation contractors, and Department staff whoare involved in the beneficial use of coal ash at active surface and deep coal mines, coal refuse reprocessing sites, coal refuse disposal sites and abandoned coal and noncoal mines. Changes to the guidance document include improved procedures for groundwater data collection, longer postclosure water monitoring, and increased sample frequency for ash and water chemistry. Written Comments: Interested persons may submit written comments on this draft technical guidance document by November 19, 2008. The Department will accept comments submitted by e-mail, but comments submitted by facsimile will not be accepted. A return name and address must be included in each e-mail transmission. Written comments should be submitted to Keith Brady, Division of Permits, Department of Environmental Protection, Bureau of Mining and Reclamation, P. O. Box 8461, Harrisburg, PA 17105-2454, kbrady@state.pa.us. Contact: Questions regarding the technical guidance document should be directed to Keith Brady at (717) 787-5103, kbrady@state.pa.us. Effective Date: Upon publication of notice as final in the Pennsylvania Bulletin.

Final Technical Guidance

   DEP ID: 383-3301-102. Title: Laboratory Reporting Instructions for Total and Fecal Coliform Bacteria in Public Drinking Water Distribution Systems. Description: This guidance provides instructions to all public water systems and certified laboratories for the reporting of drinking water total and fecal coliform monitoring results as required by the Federal Total Coliform Rule and as implemented under the PA TCR in Chapter 109 of the Pennsylvania Safe Drinking Water Regulations. Notice of the draft technical guidance was published in the Pennsylvania Bulletin at 38 Pa.B. 405 (January 19, 2008), with provisions for a 30-day public comment period that ended on February 19, 2008. Although the Department did not receive any public comments during the comment period, the Department made changes to the final document to enhance its clarity. Specifically, the flowchart on pages 26 and 27 was updated to clarify that multiple violations may be incurred in the same month. In addition, the Notification section on page 33 was updated to explain that the Department must be notified of any coliform-positive results. Contact: Dawn Hissner, Department of Environmental Protection, Bureau of Water Standards and Facility Regulation, Rachel Carson State Office Building, 11th Floor, P. O. Box 8467, Harrisburg, PA 17105-84671, (717) 787-0130, dhissner@state.pa.us. Effective Date: September 20, 2008.

   DEP ID: 562-3900-402. Title: Citizens' Requests: Receiving, Tracking, Investigating, Appealing, and Filing. Description: This document revises the procedures for the investigation of complaints relating to coal and industrial mineral mining activities and the use of explosives. The primary revision is to eliminate the informal review process. Under the guidelines in the former guidance, citizens were provided with the opportunity to request that the Bureau of Mining and Reclamation review the investigations completed by the District Mining Offices. Based on reduced staffing levels, the Bureau of Mining and Reclamation is no longer able to conduct thorough informal reviews. Notice concerning the substantive revisions to the draft technical guidance document was published in the Pennsylvania Bulletin on March 15, 2008 (38 Pa.B. 1312), with provision for a 30-day public comment period that ended on April 14, 2008. The Department did not receive any public comments during the comment period. No changes were made to the document following the public comment period. Contact: Bill Allen, Department of Environmental Protection, Bureau of Mining and Reclamation, Rachel Carson State Office Building, 400 Market Street, Harrisburg, PA 17105, (717) 787-5103, wallen@state.pa.us. Effective Date: September 20, 2008.

   DEP ID: 562-2000-703. Title: Changes to Licenses, Bonds and Permits. Description: This document provides guidance to both Department personnel and mine operators concerning what documents or information need to be submitted and the necessary actions to be taken in the event of changes to a mining company's type of business organization, its ownership or its officers. The Bureau of Mining and Reclamation and the District Mining Office will coordinate bond change, license change and permit revision activities when initiated either by the operator or when required by the Department, and the Department will systematically require various types of information to assure that licenses, permits and bonds are properly revised following organizational, ownership or officer changes undergone by a mining company. Notice concerning the substantive revisions to the draft technical guidance document was published in the Pennsylvania Bulletin at 38 Pa.B. 1547 (March 29, 2008), with provision for a 30-day public comment period that ended on April 28, 2008. The Department received comments on the draft technical guidance document, which resulted in modifications to the final technical guidance. A comment and response document was developed that includes a summary of the comments received and the modifications that were made to the document. The comment and response document is available, in addition to the final guidance, on the Department's web site, at the site provided previously. Contact: Bruce Carl, Department of Environmental Protection, Bureau of Mining and Reclamation, Rachel Carson State Office Building, 400 Market Street, Harrisburg, PA 17105, (717) 787-5103, brcarl@state.pa.us. Effective Date: September 20, 2008.

JOHN HANGER,   
Acting Secretary

[Pa.B. Doc. No. 08-1710. Filed for public inspection September 19, 2008, 9:00 a.m.]


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