NOTICES
DEPARTMENT OF
ENVIRONMENTAL PROTECTION
Withdrawal of Technical Guidance
[54 Pa.B. 473]
[Saturday, January 27, 2024]The Department of Environmental Protection (Department) announces the withdrawal of the technical guidance documents (TGD) listed in this notice. TGDs are available on the Department's web site at www. depgreenport.state.pa.us/elibrary/. The ''Technical Guidance Final Documents'' heading is the link to a menu of the various Department bureaus where each bureau's final TGDs are posted. The ''Technical Guidance Draft Documents'' heading is the link to the Department's draft TGDs.
Ordering Paper Copies of Department Technical Guidance
The Department encourages the use of the Internet to view and download TGDs. When this option is not available, persons can order a paper copy of any of the Department's draft or final TGDs 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 TGDs
Following is the current list of recent changes. Persons who have questions or comments about a particular document should contact the person whose name and phone number are listed with each document.
Draft TGD: Withdrawal
DEP ID: 273-4110-002. Title: Air Quality Program Guidance for Determination of Significant Figures and Timeliness of Report Submittal for Evaluation of Air Contaminant Emissions and Concentrations. Description: This draft TGD was intended to establish conventions for rounding, truncation and determination of significant figures for determining air contaminant emissions and ambient concentrations and timeliness criteria for demonstrations and determinations of compliance. The Department published this draft TGD for public comment on September 8, 2012. The Department found that this topic became too broad in scope to be covered uniformly in one universal document. Other guidance regarding rounding, truncation and determination of significant figures already exists in individual reference methods, rules, regulations and other documents. The procedures in these various documents are not all consistent. Rather than attempting to create a universal TGD to cover all situations, the Department intends to follow existing guidance as appropriate. Special circumstances requiring specific instructions will be memorialized in the respective applicable documents.
Contact: Questions regarding this TGD should be directed to Douglas Haulik at dhaulik@pa.gov or (717) 772-4482.
Effective Date: January 27, 2024
Draft TGD: Withdrawal
DEP ID: 261-0300-101. Title: Appendix II-A: The Use of Caps as Activity and Use Limitations. Description: This guidance has been incorporated into the Land Recycling Program Technical Guidance Manual and is no longer needed as a separate TGD.
Contact: Questions regarding this TGD can be directed to Michael Maddigan at (717) 772-3609 or by e-mail to mmaddigan@pa.gov.
Effective Date: January 27, 2024
Draft TGD: Withdrawal
DEP ID: 263-4500-601. Title: Closure Requirements for Underground Storage Tank Systems. Description: The Department has worked with the Storage Tank Advisory Committee to begin drafting a new version of the TGD which differs from this document. The Department will provide this guidance through a revised version of the TGD with additional changes incorporated.
Contact: Questions regarding this TGD can be directed to Randy Martin at (717) 772-5828 or by e-mail to ramartin@pa.gov.
Effective Date: January 27, 2024
Draft TGD: Withdrawal
DEP ID: 385-0820-001. Title: Designation Criteria for Regulated Small Municipal Separate Storm Sewer Systems (MS4). Description: This TGD set forth the criteria that the Department uses to designate a regulated small MS4. The Department published this TGD as draft for public comment at 45 Pa.B. 77 (January 3, 2015). Upon further consideration, the Department is withdrawing this draft TGD because, according to the Department's Policy for Development and Publication of Technical Guidance (DEP ID: 012-0900-001), TGDs provide methods, practices, procedures or other relevant information to assist Department program staff, the public and the regulated community regarding compliance with environmental statutes and regulations. The information in this draft TGD provides information on how the Department designates which MS4s are regulated as small MS4s, not information on how those MS4s can comply with environmental statutes and regulations. As such, the Department believes a TGD is not the appropriate format for the information in this draft TGD. Upon withdrawal of this draft TGD, the Department will post information on the Department's designation criteria for small MS4s on the Department's MS4 webpage at www.dep.pa.gov/MS4.
Contact: Questions regarding this TGD can be directed to Sean Furjanic at sefurjanic@pa.gov or (717) 787-2137.
Effective Date: January 27, 2024
Draft TGD: Withdrawal
DEP ID: 382-5511-014. Title: Disadvantaged Business Enterprise (DBE) Firm Solicitation Guidance. Description: This draft TGD was intended to provide guidance to recipients of Federal grant or loan funds under the State Revolving Loan Fund and the Special Appropriation Act Programs to ensure compliance with Disadvantage Business Enterprise Program contract administration requirements. Guidance and information on compliance with these requirements is available on the Department's Bureau of Clean Water Infrastructure Finance DBE webpage at https://www.dep.pa.gov/Business/Water/CleanWater/InfrastructureFinance/Pages/DisadvantagedBusiness.aspx. With the information available on that webpage, the Department has determined that this TGD is no longer necessary.
Contact: Questions regarding this TGD can be directed to Richard Wright, PE, at (717) 772-4059 or by e-mail to riwright@pa.gov.
Effective Date: January 27, 2024
Interim Final TGD: Withdrawal
DEP ID: 381-5511-014. Title: DBE Firm Solicitation Guidance. Description: This interim final TGD was intended to provide guidance to recipients of Federal grant or loan funds under the State Revolving Loan Fund and the Special Appropriation Act Programs to ensure compliance with DBE Program contract administration requirements. Guidance and information on compliance with these requirements is available on the Department's Bureau of Clean Water Infrastructure Finance DBE webpage at https://www.dep.pa.gov/Business/Water/CleanWater/InfrastructureFinance/Pages/DisadvantagedBusiness.aspx. With the information available on that webpage, the Department has determined that this TGD is no longer necessary.
Contact: Questions regarding this TGD can be directed to Richard Wright, PE, at (717) 772-4059 or by e-mail to riwright@pa.gov.
Effective Date: January 27, 2024
Draft TGD: Withdrawal
DEP ID: 383-4200-001. Title: Water Management for Agricultural High Tunnels. Description: This TGD was intended to provide the Department's interpretation regarding the applicability of The Pennsylvania Clean Streams Law (35 P.S. §§ 691.1—691.1001), Dam Safety and Encroachment Act (32 P.S §§ 693.1—693.27) and the Storm Water Management Act (32 P.S. §§ 680.1—680.17) requirements to high tunnel structures used to carry out agricultural activities. Since this TGD largely mirrored language in Act 15 of 2018, the Department has determined that this TGD is no longer necessary.
Contact: Questions regarding this TGD can be directed to Sean Furjanic at (717) 787-2137 or by e-mail to sefurjanic@pa.gov.
Effective Date: January 27, 2024
Draft TGD: Withdrawal
DEP ID: 393-3301-008. Title: Water Quality Parameter Reporting Instructions for the Lead and Copper Rule. Description: This TGD was intended to establish uniform instructions and protocol for implementing the drinking water reporting requirements for water quality parameters under the lead and copper rule. The Department will be providing these instructions and protocol through form instructions rather than a TGD.
Contact: Questions regarding this TGD can be directed to Kim Snook at (717) 787-0123 or by e-mail to ksnook@ pa.gov.
Effective Date: January 27, 2024
Draft TGD: Withdrawal
DEP ID: 393-3301-001. Title: Laboratory Reporting Instructions for Total Coliform and E. coli Bacteria in Public Water Systems. Description: This TGD was intended to establish uniform instructions and protocol for implementing the drinking water reporting requirements for Total Coliform and E. coli bacteria analytical data. The Department will be providing these instructions and protocol through form instructions rather than a TGD.
Contact: Questions regarding this TGD can be directed to Kim Snook at (717) 787-0123 or by e-mail to ksnook@ pa.gov.
Effective Date: January 27, 2024
Draft TGD: Withdrawal
DEP ID: 563-0300-191. Title: Engineering Manual for Surface Mining Operations. Description: This manual was meant to assist coal and noncoal surface mine operators with implementation of certain engineering requirements in 25 Pa. Code Chapters 77, 86, 87, 88, 92a, 102 and 105. With the large number of public comments and their subject matter, the Department has decided to not continue with the revising of this document and will pursue options to distribute technical information on mine site engineering through application and form changes, web information and standard operating procedures. The existing technical guidance document will remain until sufficient replacement material is made available to the public.
Contact: Questions regarding this TGD should be directed to Gregory Shuler at (717) 783-1199 or by e-mail to gshuler@pa.gov.
Effective Date: January 27, 2024
JESSICA SHIRLEY,
Interim Acting Secretary
[Pa.B. Doc. No. 24-112. Filed for public inspection January 26, 2024, 9:00 a.m.]
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