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PA Bulletin, Doc. No. 99-1100

NOTICES

Availability of Technical Guidance

[29 Pa.B. 3675]

   Technical Guidance Documents are on DEP's World Wide Web site (http://www.dep.state.pa.us) at the Public Participation Center. The ''January 1999 Inventory'' heading is the Governor's List of Non-regulatory Documents. The ''Search the Inventory of Technical Guidance Documents'' heading is a database of the Inventory. The ''Final Documents'' heading is the link to a menu of the various DEP bureaus and from there to each bureau's final technical guidance documents. The ''Draft Technical Guidance'' heading is the link to DEP's draft technical guidance documents.

   DEP will continue to revise its documents, as necessary, throughout 1999.

Ordering Paper Copies of DEP Technical Guidance

   Persons can order a bound paper copy of the latest Inventory or an unbound paper copy of any of the final documents listed on the Inventory by calling DEP at (717) 783-8727.

   In addition, bound copies of some of DEP's documents are available as DEP publications. Please check with the appropriate bureau for more information about the availability of a particular document as a publication.

Changes to Technical Guidance Documents

   Here is the current list of recent changes. Persons who have any questions or comments about a particular document should call the contact person whose name and phone number is listed with each document. Persons who have questions or comments in general should call Joe Sieber at (717) 783-8727.

Final Guidance

   DEP ID: 274-3100-001 Title: Policy for Stage II Vapor Recovery Testing Requirements Description: This guidance document identifies testing requirements to verify that the Stage II vapor recovery system is operating properly. All testing is outlined in EPA's Stage II Enforcement and Technical Guidance Document, which was adopted by the Pennsylvania Air Pollution Control Act. Effective Date: July 10, 1999 Contact: Jon Harwick at (717) 772-3994.

Draft Guidance

   DEP ID: 012-0900-006 Title: Adoption by Reference of the U.S. Environmental Protection Agency's Y2K Enforcement Policy Description: On November 30, 1998, EPA issued an enforcement policy designed to encourage prompt testing of computer-related equipment to ensure that environmental compliance is not impaired by the Y2K computer bug. Under the policy (published on the Internet at www.epa.gov/year2000), EPA stated its intent to waive 100% of the civil penalties that might otherwise apply, and to recommend against criminal prosecution, for environmental violations caused during specific tests that are designed to identify and eliminate Y2K-related malfunctions.

   The policy also stated that the civil penalty waiver and recommendation against criminal prosecution are limited to testing-related violations disclosed to EPA by February 1, 2000, and are subject to certain conditions, such as the need to design and conduct the tests for the shortest possible period of time necessary, the need to correct any testing-related violations immediately, and other conditions to ensure that protection of human health and the environment is not compromised. This notice was published in the Federal Register, March 10, 1999 (Volume 64, Number 46) to increase public awareness of this incentive to test computer-related systems and to incorporate several minor revisions aimed at clarifying the policy in response to public comment. Comment Period Ends: August 9, 1999 Anticipated Effective Date: August 17, 1999 Contact: Joe Sieber at (717) 783-1497

   DEP ID: 563-2112-615 Title: Passive Treatment Systems as Best Professional Judgment Treatment of Postmining Discharges Description: The purpose of this guidance is to provide technical information for the design and review of proposed passive treatment systems. Passive treatment systems are a best available technology for abating water pollution due to postmining pollutional discharges from coal mining activities. The Department may approve the use of passive treatment systems for achieving compliance with the effluent limitations of Chapters 87-90. Comment Period Ends: August 9, 1999. Anticipated Effective Date: September 4, 1999. Contact: Evan Shuster at (717) 787-5103

Draft Guidance--Minor Revisions

   DEP ID: 012-4180-001 Title: Policy for the Acceptance of Community Environmental Projects in Conjunction with Assessment of Civil Penalty Description: The Department will follow a Department-wide policy of considering, in appropriate situations, performance of a Community Environmental Project (CEP) when determining the amount of civil penalty it will accept as a settlement. Comment Period Ends: August 9, 1999 Anticipated Effective Date: August 17, 1999 Contact: Mike Bedrin at (717) 787-4449

Advance Notice of Intent to Revise Guidance

   DEP ID: 391-0300-002 Title: Special Protection Waters Implementation Handbook.

   Description: The existing guidance document (Special Protection Waters Implementation Handbook, First Edition, November 1992), document number 391-0300-002, for implementation of the antidegradation elements of Pennsylvania's water quality standards program is being revised and rewritten to reflect new regulations regarding antidegradation requirements. These new regulations, set forth in 25 Pa. Code Chapter 93, were adopted in final rulemaking by the Environmental Quality Board at its meeting of May 19, 1999. The new regulations encompass changes to the criteria governing the official classification of surface waters as High Quality and Exceptional Value Waters, and they refine the scope of Department/public antidegradation review for activities requiring a DEP permit or approval, so as to protect existing uses of all surface waters. The new regulations were developed to replace Federal antidegradation regulations which were promulgated by EPA for Pennsylvania as a result of litigation in Federal court. The Federal regulations became effective on January 9, 1997. Pennsylvania's new regulations are consistent with the Federal regulations, and the adopted refinements to the rule now necessitate revisions to the implementation guidance.

   Proposed Development and Review Process:  The Department will initially work closely with the Water Resources Advisory Committee (WRAC) to identify, develop, and discuss the various antidegradation classification and implementation issues. To provide more comprehensive expertise, the WRAC membership has been expanded to assist with this process. Department staff from programs affected by the antidegradation regulations and from the regional offices will also participate in the process and will attend the WRAC meetings. At the end of the initial process, WRAC will develop final conclusions and recommendations to the Department on the issues.

   The Department will then consider all recommendations from WRAC and Department program/regional staff on the key issues, and will incorporate and expand the findings into a first draft of the revised Special Protection Waters Implementation Handbook. Target date for production of the first draft is October 20, 1999. This draft will be distributed to the WRAC, for discussion at its regular meeting on November 10, 1999, and will also be distributed for comment to affected programs and regional offices. After consideration of comment and subsequent revision, a second draft of the Handbook will be prepared for general public participation review, to include public meetings across the State, publication on the Department's web site, and notice of availability in the Pennsylvania Bulletin. After review of general public comments received, and subsequent revision, a final version of the Handbook will be prepared and published. Target date for the final version is March 1, 2000.

   All drafts of the Handbook will be reviewed and approved by the Department before distribution to the expanded WRAC team, so that all requirements regarding public access to information may be observed.

   Anticipated Draft Development Date:  October 20, 1999 Anticipated Effective Date: March 1, 2000. Contact: Ed Brezina, Bureau of Watershed Conservation, (717) 787-9637.

JAMES M. SEIF,   
Secretary

[Pa.B. Doc. No. 99-1100. Filed for public inspection July 9, 1999, 9:00 a.m.]


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