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PA Bulletin, Doc. No. 06-2561

NOTICES

Availability of Technical Guidance

[36 Pa.B. 7999]
[Saturday, December 30, 2006]

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

Final Technical Guidance

   DEP ID: 363-0300-002. Title: Pennsylvania Stormwater Best Management Practices Manual. Description: This manual establishes recommended guidance for stormwater management utilizing best management practices (BMPs) in this Commonwealth. Due to the increased need to maintain water quality and protect water resources through improved stormwater runoff management, the manual provides the planning concepts and design standards to guide local governments, planners, land developers, contractors and others involved with planning, designing, reviewing, approving and constructing land development projects in meeting those needs.

   The manual advances the most recent innovations in stormwater management focusing on preserving onsite and offsite preconstruction hydraulic conditions, including volume, velocity, quality and rate management through local onsite management. Water quality components composed of structural and nonstructural techniques and technologies are emphasized and integrated into the manual. To further integrate stormwater management approaches, the Department will also publish a Stormwater Management Model Ordinance at a later date.

   During the preparation of the manual, the Department established a Stormwater Management Oversight Committee and held 12 regional focus group meetings. Individuals representing academia, industry, environmental organizations, county conservation districts and State and Federal agencies participated by providing direction, guidance and expertise in the development of the manual. A summary of meeting agendas, minutes, comments and other information can be found on the Department's website at www.depweb.state.pa.us (DEP Keywords: ''Stormwater''; select ''General Information,'' then select ''Stormwater Oversight Committee'').

   Notice of the draft version of the manual, including provision for public comment, was published at 36 Pa.B. 1797 (April 15, 2006). During the 90-day public comment period, 53 commentators provided comments to the Department on the draft manual. A majority of commentators encouraged the Department to ensure consistency between the Stormwater Manual and the Stormwater Model Ordinance, to simplify and clarify the criterion for Control Guidelines 1 and 2, to expand upon the need for a new direction in stormwater management and to clarify how the manual could be used to plan and design land development projects.

   The Department has prepared a separate Comment and Response document, which addresses the comments submitted during the public comment period and is available on the Department's website at the address noted previously. In response to comments submitted, the Department made several modifications to the manual, including: changes in Chapters 1--3 to clarify the specific applicability of Control Guidelines 1 and 2, including that Control Guideline 2 is limited to projects that disturb or convert 1 acre or less; modifications to Chapters 1 and 2 to clarify supplemental material; changes to Chapter 7 to expand upon the information on Special Management Areas, including Brownfields; and modifications to Chapters 5 and 6 to update and correct criterion for the individual BMPs. The Department also updated various areas of the manual to clarify its purpose and recommended use.

   To ensure understanding of the BMPs identified in the manual, the Department will provide training at various locations throughout the Commonwealth in 2007. A list of scheduled training sessions is available on the Department's website at www.depweb.state.pa.us (DEP Keywords: ''Stormwater Management''; select ''DEP Stormwater Best Management Practices (BMP) Manual Training'').

   Contact: Kenneth Murin or Dennis Stum, Department of Environmental Protection, Bureau of Watershed Management, Division of Waterways, Wetlands and Stormwater Management, P. O. Box 8775, Harrisburg, PA 17105-8775, (717) 787-6827 or kmurin@state.pa.us or dstum@state.pa.us, respectively. Effective Date: December 30, 2006.

   DEP ID: 392-0900-001. Title: Trading of Nutrient and Sediment Reduction Credits--Policy and Guidelines. Description: This guidance revises the Interim Final Trading of Nutrient and Sediment Reduction Credits--Policy and Guidelines (Interim Final Policy) (see 35 Pa.B. 5431 (October 1, 2005)) and the draft Trading of Nutrient and Sediment Reduction Credits--Policy and Guidelines (see 36 Pa.B. 7178 (November 25, 2006)). It establishes the Department's final policy and guidelines for the trading of nutrient and sediment reduction credits.

   Appendix A provides nutrient trading criteria specific to the Chesapeake Bay Watershed. The attachments to Appendix A include the Point Source Allocation Strategy, Overview of Wastewater Planning Program Procedures and the Overview of the Agriculture Sector's Participation in Nutrient Trading, which are implementation strategies derived from the proceedings of the point source and agriculture workgroups.

   The Department engaged in extensive public participation and stakeholder workgroups to receive significant input on the implementation of the Chesapeake Bay tributary strategies and trading policy. Public participation included comments on the Interim Final Policy and input received at venues such as the Listening Sessions held in State College, Dauphin County and Lancaster County. Additionally, the Chesapeake Bay Tributary Strategy Steering Committee was expanded and reconvened in January 2006 to address the Tributary Strategy and potential revisions to the Department's nutrient and sediment trading program. Several workgroups were formed to address specific issues related to agriculture, stormwater, legacy sediment, trading, development and point sources. Proceedings from the workgroups can be found at www.dep.state.pa.us (DEP Keywords ''Chesapeake Bay'').

   Notice of the draft version of the policy and guidelines, including provision for public comment, was published at 36 Pa.B. 7178 (November 25, 2006). During the 30-day public comment period, comments were received fromapproximately 50 commentators. A majority of commentators requested the Department provide additional clarification on how the Nutrient Trading Program would be used in the Chesapeake Bay watershed, as well as in other areas of the Commonwealth. In response to the comments submitted, the Department made several modifications to the guidance, including: revising existing definitions and providing additional terms and definitions to clarify program mechanics; clarifying the baseline compliance standard for agriculture; refining the approval procedure for credit-generating projects and trade proposals and further explaining how credits may be used with an NPDES permit to meet effluent limits and sewage facilities planning requirements.

   Comments received on both the draft and Interim Final Policy have been addressed by the Department in a separate Comment and Response document which is available on the Department's website at the address noted previously.

   It is the responsibility of the Department to assure compliance with Federal and State water quality standards. The Department may implement measures different from, or beyond those set forth in this policy, as may be necessary or appropriate.

   Contact: Ann Smith, Department of Environmental Protection, Water Planning Office, P. O. Box 2063, Harrisburg, PA 17105-2063, (717) 772-4785, annsmith@state. pa.us. Effective Date: December 30, 2006.

Draft Technical Guidance

   DEP ID: 385-2000-011. Title: Pennsylvania Combined Sewer Overflow (CSO) Policy. Description: On March 1, 2002, the Department published a Combined Sewer Overflow (CSO) Policy to assist in meeting the goals of controlling and eliminating CSO discharges, as practical, and ultimately bringing all remaining CSO discharges into compliance with State water quality standards through the National Pollutant Discharge Elimination System (NPDES) permitting program. This revised draft policy updates the Department's former Combined Sewer Overflow Policy to further enhance and support compliance with CSO and NPDES permit conditions among the regulated community. This document replaces the Department's March 1, 2002, CSO Policy to establish the Department's policy regarding CSO Phase III permitting to implement, as appropriate, the Environmental Protection Agency's April 1994 National Combined Sewer Overflow Control Policy and the subsequent Wet Weather Water Quality Act of 2000 that codified that policy. The policy applies to Department staff and CSO system permittees regarding permit requirements for CSOs and the actions necessary to achieve compliance with the requirements of the CSO Phase III Program. This policy, once finalized, will be reviewed and revised at least once every 5 years to reflect expected changes to State or Federal CSO policies.

   Written Comments: The Department is seeking public comments on the substantive revisions to technical guidance #385-2000-011. Interested persons may submit written comments by January 29, 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 John Wetherell, Department of Environmental Protection, Bureau of Water Standards and Facility Regulation, P. O. Box 8467, 11th Floor, Rachel Carson State Office Building, Harrisburg, PA 17105-8467 or jwetherell@state.pa.us.

   Contact: Questions regarding the draft technical guidance document should be directed to John Wetherell at (717) 705-0486 or jwetherell@state.pa.us. Effective Date: Upon publication of notice as final in the Pennsylvania Bulletin.

KATHLEEN A. MCGINTY,   
Secretary

[Pa.B. Doc. No. 06-2561. Filed for public inspection December 29, 2006, 9:00 a.m.]


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