NOTICES
Availability of Technical Guidance
[26 Pa.B. 5843]
Governor's Office List
Once a year on the first Saturday in August, the Governor's Office publishes a list of the non-regulatory guidance documents of all State agencies in the Pennsylvania Bulletin. The first publication of this list was in the August 3, 1996 edition of the Bulletin.
DEP's Technical Guidance Document Inventory
DEP publishes a list of its technical guidance documents in its Technical Guidance Document Inventory twice a year. The most recent Inventory was published June 1996. This Inventory is also posted on DEP's World Wide Web page. DEP's Web address is http://www.dep.state.pa.us. To go to the location of the Inventory once on the DEP home page, persons should choose Public Participation Center./Recently Finalized Regulations and Legislation/Technical Guidance Document Inventory (6/12/96).
DEP's Technical Guidance Documents on the World Wide Web
DEP's Web address is http://www.dep.state.pa.us. To go to the location of DEP's Technical Guidance Documents once on the DEP home page, persons should choose the Public Participation Center. The Center has several menus; the Technical Guidance menu has links to the Inventory, Draft Technical Guidance Documents, Recently Finalized Technical Guidance Documents and Final Documents on the Web.
Ordering Paper Copies of DEP Technical Guidance
Persons can order a copy of the latest Inventory or a copy of any of the final documents listed on the Inventory by calling Elwyn Inc. (the printer) at 1 (800) 804-4020 if calling in Pennsylvania or (610) 497-5841 if calling from outside Pennsylvania.
Changes to Technical Guidance Documents
Between publication of its Inventory, DEP announces changes to its technical guidance documents in its weekly newsletter, the UPDATE and the Pennsylvania Bulletin. Here is the current list of recently finalized documents, draft documents and notices of intended changes to technical guidance.
Persons who have any questions or comments should call Nina Huizinga at (717) 783-8727.
Final Technical Guidance
DEP ID: 362-2000-008 Title: Policy for Conducting Technical Reviews of Minor NPDES Renewal Applications Description: This policy outlines a process for accelerating the renewal of National Pollutant Discharge Elimination System (NPDES) permits for minor discharges upon satisfaction of specified criteria. Contact: Lou Bercheni at (717) 787-4317.
Draft Technical Guidance
DEP ID: 392-2134-011 Title: Soil Erosion and Sedimentation Control Manual for Agriculture Background; DEP plans to have current guidance for conservation plan development available and compatible with the nutrient management regulations. The program presented the draft manual to the Agricultural Advisory Board on October 23, 1996. A subcommittee of the Board is reviewing the draft. A copy of the current draft is on DEP's Web site at the Public Participation Center. Deadline for Submittal of comments: December 31, 1996 Contact: John J. Mank at (717) 783-7577.
Notice of Intent to Develop--New Technical Guidance
Title: Mining/Blasting near Utilities and Pipelines Background: This guidance establishes permitting procedures and safety guidelines which coal mine operators should follow to insure utility line protection from the affects of blasting. These guidelines are also intended to facilitate communication between operators and utility owners so that mining applications can be processed in a timely manner. Anticipated Effective Date: January 1, 1997 Anticipated Draft Development Date: October 30, 1996 Proposed Development and Review Process: We intend to involve the International Society of Explosive Engineers, the PA Coal Association and the PA Utility Contractors Association in the review of this document. Contact: Michael J. Getto at (717) 787-7846.
Title: Coal Refuse Disposal--Site Selection and Development Background: The Department is proposing to develop an official guidance explaining the way in which it applies the site selection and development requirements mandated by Act 114 of 1994. The Department has an existing guidance document which it developed in 1995 to serve this purpose; however, that document includes provisions which should be changed to address the recommendations for district office staff, program counsel and OSM. Anticipated Effective Date: March 1, 1997 Anticipated Draft Development Date: December 15, 1996 Proposed Development and Review Process: Plans are to draft the guidance internally with assistance from district mining staff and program counsel. The draft will be circulated among district offices, program counsel, the Policy Office, the PA Coal Association, the PA Anthracite Council, the Fish and Boat Commission, the Game Commission, the U. S. Fish and Wildlife Service, EPA and OSM. Contact: Harold Miller at (717) 783-8845.
Notice of Intent to Revise Technical Guidance--Revisions to Existing Guidance
DEP ID: 550-2100-003 Title: Technical Services Manual Background: DEP staff use this policy and procedures manual to review applications and issue permits for drilling and operating oil and gas wells, as well as considering other related permits and approvals. This is a bulky document containing procedures, forms, instructions, sample letters, as well as policy. The program plans to condense and rewrite the manual so that it contains only the policy or discretionary practice relating to the subject matter and to retitle it as ''Policy Guidance on Oil and Gas Well Permits and Related Permits and Approvals.'' The excised material (administrative procedures, forms and instructions, sample letters, and the like) will be placed in a staff procedural manual not listed on DEP's Inventory, but available upon request to the Bureau. Anticipated Effective Date: January 31, 1997 Anticipated Draft Date: November 30, 1996 Proposed Development and Review Process: The program plans to distribute the draft document to the program's standard distribution list and any party that requests a copy. Then, the program will consider the comments, revise the text and distribute the final version. Contact: Frank Bialas at (717) 772-0220.
DEP ID: 560-0700-304 Title: Surface Mine Review Background: This document establishes criteria for review of Surface Mine Applications on ''High Quality Waters.'' The regulations for protection of special protection watersheds (High Quality and Exceptional Value) are being proposed for change by BWQM based on a Federal court order. Anticipated Effective Date: October 1997 (based upon effective date of the regulation change) Anticipated Draft Development Date: March 31, 1997 Proposed Development and Review Process: Plans are to draft the guidance internally with assistance from district mining staff and program counsel. The draft will be circulated to district offices, program counsel, the Policy Office, the PA Coal Association, the PA Anthracite Council, the PA Aggregates and Concrete Association and citizens groups. Contact: Thomas L. Whitcomb at (717) 783-8845.
DEP ID: 563-0300-101. Title: Engineering Manual for Coal Background: The engineering manual was published in July 1990 and explains areas of the coal mining activity permit applications that involve engineering technical review (for example, erosion and sediment control plans, water treatment plans). The manual is intended to be used by consultants, mine operators and Department personnel. Recent regulatory changes within 25 Pa. Code Chapter 86-90 require that the manual be updated. Anticipated Effective Date: July 1997 Anticipated Draft Development Date: February 1997 Proposed Development and Review Process: The Bureaus of Mining and Reclamation and District Mining Operations will develop a revised draft manual. A draft document will be presented to the Pennsylvania Mining Professionals, the Pennsylvania Coal Association and the Pennsylvania Anthracite Council and the public for review and comment. Contact: Alfred Dalberto at (717) 783-8845.
DEP ID: 563-2000-207 BMR PGM: II:2:7 Title: Application Review, Valid Existing Rights Background: This guidance concerns ''valid existing rights,'' for example: the right of a mine operator to conduct operations in an otherwise restricted area. The guidance will need to be changed as a result of a pending regulation which will change the definition of the term ''valid existing rights'' to conform to the definition in Federal counterpart regulations. Anticipated Effective Date: December 1, 1997 Anticipated Draft Development Date: October 1, 1997 Proposed Development and Review Process: Plans are to draft a revised guidance with assistance from district mining staff and program counsel. The extent to which the draft is circulated outside the Department will depend on the source and nature of comments received during the rule change. Contact: Milton McCommons at (717) 787-4761.
DEP ID: 563-2000-208 BMR PGM: II:2:8 Title: Application Review, Right of Entry Background: This document establishes criteria for right of entry for mining operations. The coal regulations relating to right of entry are being proposed for change under the Department's Regulatory Basics Initiative. Also, case law regarding use of deeds of severance for demonstrating right of entry warrant changes to this guidance. Anticipated Effective Date: November 1997 (based upon effective date of regulation change) Anticipated Draft Development Date: August 29, 1997 Proposed Development and Review Process: Plans are to draft the guidance internally with assistance from district mining staff and program counsel. The draft will be circulated to district offices, program counsel, Policy Office, PA Coal Association, PA Anthracite Council, PA Aggregates and Concrete Association and citizens groups. Contact: Thomas L. Whitcomb at (717) 783-8845.
DEP ID: 563-2000-602 BMR PGM: II:6:2 Title: Sewage Sludge Utilization for Reclamation of Active Surface Mines and Coal Refuse Disposal Operations Background: The Department encourages the use of sewage sludge of acceptable quality as a soil supplement for mine reclamation under the mining program. This policy has been in effect since June 1984. Amendments to the sewage sludge management regulations (25 Pa. Code Chapter 271) were approved by the EQB as final rulemaking on October 15, 1996 (will be effective upon publication in the Pennsylvania Bulletin). These amendments will require changes in this guidance. Anticipated Effective Date: May 1997 Anticipated Draft Development Date: January 1997 Proposed Development and Review Process: The Bureaus of Mining and Reclamation, District Mining Operations, Land Recycling and Waste Management, and Water Quality Management will be involved in the initial development of this guidance. A draft will be presented to the Pennsylvania Coal Association, Pennsylvania Anthracite Council and the Pennsylvania Mining Professionals and the public for review and comment. Contact: Alfred Dalberto at (717) 783-8845.
DEP ID: 563-2112-604 BMR PGM: II:6:4 Title: Auger Mining Background: This guidance establishes procedures for evaluating proposals for the auger mining of coal. The coal regulations relating to auger mining are being proposed for change under the Department's Regulatory Basics Initiative. The regulation change will require revisions to this guidance. Anticipated Effective Date: November 1997 (based upon anticipated effective date of regulation change) Anticipated Draft Development Date: October 1997 Proposed Development and Review Process: Draft of the revisions to be reviewed by the District Mining Offices and the Office of Chief Counsel. The draft guidance will be reviewed with the Pennsylvania Coal Association, Pennsylvania Mining Professionals, the Mining and Reclamation Advisory Board and the public. Contact: Nevin Strock at (717) 783-8845.
DEP ID: 563-2112-206 BMR PGM: II:2:6 Title: Fly Ash/Bottom Ash Disposal at Active Mine Sites Background: The technical guidance on the beneficial use of coal ash at mining activity sites has been in effect since August 1986. Amendments to the residual waste management regulations (25 Pa. Code Chapter 287) were approved by the EQB as final rulemaking on October 15, 1996 (will be effective upon publication in the Pennsylvania Bulletin). These amendments will require changes in this guidance. Anticipated Effective Date: July 1997 Anticipated Draft Development Date: December 1996 Proposed Development and Review Process: The Bureaus of Mining and Reclamation, District Mining Operations, Land Recycling and Waste Management and Abandoned Mine Reclamation will be involved in the initial development of this guidance. A draft will be presented to the Mining and Reclamation Advisory Board, the Pennsylva-nia Coal Association, Pennsylvania Anthracite Council, Anthracite Region Independent Power Producers Association, Pennsylvania Electric Association, the Pennsylvania Mining Professionals and the public for review and comment. Contact: Alfred Dalberto at (717) 783-8845.
Notice of Intent to Rescind Technical Guidance--Bureau of Air Quality
Persons having questions about any of the Bureau of Air Quality technical guidance documents listed in this section should contact Ralph Scanlan at (717) 787-9702.
DEP ID: 273-4130-002 Title: Chapter 127 Penalty Policy Background: This document included information regarding the provision of penalties for violations of the Air Quality Permit regulations. It is being deleted as a separate document because these procedures were considered with the revised document 273-4130-003 (Civil Penalty Assessment Procedure).
Notice of Intent to Remove Technical Guidance from the Inventory--Bureau of Radiation Protection
Persons having questions about any of the Bureau of Radiation Protection technical guidance documents listed in this section should contact Ed Burtsavage at (717) 787-3720.
DEP ID: 292-0400-001 Title: Environmental Radiation Surveillance Manual Background: This document contains important factual information for staff, but it is not a policy document.
DEP ID: 291-2308-001 Title: X-Ray Machine Registration and Radioactive Material Licensing Procedures Background: These materials are only forms and instructions to complete the forms, rather than policies.
DEP ID: 294-0400-001 Title: Radon Division's Policy and Procedures and DEP ID: 294-3500-001 Title: Radon Certification Inspection Background: These documents have been revised and replaced by DEP ID: 294-2309-001.
Notice of Intent to Rescind Technical Guidance--Bureau of Water Supply and Community Health
Persons having questions about any of the Bureau of Water Supply and Community Health technical guidance documents listed in this section should contact Donna Pollinger at (717) 787-5017.
DEP ID: 382-2130-010 Title: Emergency Permits Background: This document was rescinded as a part of the Bureau's review of all its technical guidance.
DEP ID: 382-2130-011 Title: Memorandum of Understanding--Act 537/Water Allocation Permits Background: This document dates from a time prior to the decentralization of the Water Allocation Program. This MOU is no longer adhered to by regional program staff and has been replaced by standard permit coordination procedures currently in place in the regional offices.
Notice of Intent to Rescind Technical Guidance--Bureau of Water Quality Management
Persons having questions about any of the Bureau of Water Quality Management technical guidance documents listed in this section should contact Lou Bercheni at (717) 787-4317.
DEP ID: 360-0700-001 Title: Cooperation with Other Agencies Background: This document is obsolete. Deleting it will have no impact on the program.
DEP ID: 360-0700-002 Title: Correspondence Covering County Health Departments Background: This document is obsolete. Deleting it will have no impact on the program.
DEP ID: 360-0900-001 Title: Initiating, Reviewing and Adopting Policies and Procedures Background: This document is obsolete and redundant. It has been superseded by DEP's policy on ''Development, Approval and Distribution of New Regulations and Technical Guidance Documents.'' Its rescission will have no program impact.
DEP ID: 361-3200-001 Title: Stream Surveys Background: This document will be replaced by a standardized biological field collection document. Its rescission will have no program impact.
DEP ID: 361-3200-012 Title: Total maximum Daily Load/Waste Load Allocation Toxins Survey Background: This document is outdated. It has not been used for several years. Its rescission will have no program impact.
DEP ID: 363-0900-008 Title: Change of Tank Ownership Registration Procedures Background: The information in this document is being incorporated into the Division of Storage Tanks administrative procedures.
DEP ID: 363-0900-010 Title: Sump Tanks Background: This guidance has been incorporated into the proposed Certification Regulations (Chapter 245).
DEP ID: 363-0900-013 Title: Tank Tightness Testing--UST System Background: This guidance has been incorporated into the proposed Certification Regulations (Chapter 245).
DEP ID: 363-0700-001 Title: Regulatory Review Process, Interaction with SAC Background: This document is obsolete and redundant.
The Federal construction grants program is scheduled to phase out and terminate by September 30, 1998. All related documents listed here will be obsolete upon termination of the program. Therefore the rescission date for all of these documents is 9/30/98.
| DEP ID | Title |
|---|
| 364-5510-001 | Processing Change Orders |
| 364-5510-002 | Construction Grants I/I Analysis and SSES |
| 364-5510-003 | Changes in Project Scope for EPA Construction Grants Projects |
| 364-5510-004 | Preparation of Federal Grant Agreement/Amendment Documents |
| 364-5510-005 | A/E Contracts Subagreements Review |
| 364-5510-006 | Operations/Maintenance/Management in the Construction Grants Program |
| 364-5510-007 | Construction Grant Payment Review and Outlay Management Procedures |
| 364-5510-008 | Force Account Review |
| 364-5510-009 | Federal Grants Project Close-out |
| 364-5510-010 | Management of Construction Grant Funds |
| 364-5510-011 | Wage Rates |
| 364-5510-012 | Approving Grant Increases |
DEP ID: 364-3110-001 Title: STP Operation during Modification Background: This document will be included in the Domestic Wastewater Facilities Manual, which is a bureau publication. It will be deleted as a separate document once the Manual has been revised (anticipated date March 1, 1997).
DEP ID: 364-3110-002 Title: Mercury Seals for Trickling Filters and Comminutors Background: This document will be included in the Domestic Wastewater Facilities Manual. It will be deleted as a separate document once the Manual has been revised (anticipated date March 1, 1997).
DEP ID: 364-2206-006 Title: Act 537 Plan Review--Acceptance of Complete Plan Background: This document is obsolete. Its rescission will have no program impact.
Notice of Intent to Rescind Technical Guidance--Bureau of Land and Water Conservation
Persons having questions about any of the Bureau of Land and Water Conservation technical guidance documents listed in this section should contact Pat Marrocco at (717) 787-5267.
DEP ID: 394-2000-017 Title: Coastal Programs Federal Consistency Review Procedures Background: This document does not meet the definition of a guidance document and should be rescinded.
Notice of Intent to Rescind Technical Guidance--Bureau of Mining and Reclamation
Persons having questions about any of the Bureau of Mining and Reclamation technical guidance documents listed in this section should contact Dottie Shellehamer at (717) 787-5103.
DEP ID: 560-0700-305 BMR PGM ID: Section II, Part 3, Subpart 5 Title: PHMC Noncoal Coordination Background: This guidance concerns coordination with PHMC regarding industrial mineral (Noncoal) permit applications. Appropriate provisions will be incorporated into Guidance Document No. 560-0700-301 titled, Coordination with the PHMC, which is being revised. There will be no impact on the operation of the program.
DEP ID: 561-2000-711 BMR PGM ID: Section V, Part 700, Subpart 711 Title: General Information, Municipal Mining Background: Much of the guidance in the document has been superseded by an existing program guidance titled Noncommercial Exemption from Requirements of the Noncoal SMCRA (563-2111-101). The remaining guidance is already addressed in another program guidance.
DEP ID: 562-2112-502 Title: Microfilming of Pre-Blast Surveys Background: This guidance describes how to prepare a pre-blast survey for microfilming. Since the Department no longer prepares surveys for microfilming, there is no longer a need for this document.
JAMES M. SEIF,
Secretary
[Pa.B. Doc. No. 96-2019. Filed for public inspection November 29, 1996, 9:00 a.m.]
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