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PA Bulletin, Doc. No. 09-703

NOTICES

Availability of Technical Guidance

[39 Pa.B. 2055]
[Saturday, April 18, 2009]

   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 2009.

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: 273-4000-005. Title: Compliance Assurance Policy for Continuous Emission Monitoring Systems (CEMS) on Combustion Units. Description: This final technical guidance document establishes uniform criteria for assessing monetary penalties for exceedances of emission standards reported from Continuous Emission Monitoring (CEM) Systems, as well as data availability and timeliness requirements for report submittal.

   In accordance with 25 Pa. Code § 139.5 (relating to revisions to the source testing manual and continous source monitoring manual), the Department of Environmental Protection provided notice of intent to implement the Compliance Assurance Policy for Continuous Emission Monitoring Systems (CEMS) on Combustion Units at 38 Pa.B. 5718 (October 11, 2008). The comment period closed on November 10, 2008.

   Copies of this technical guidance document are available on the Department's public participation web site at www.depweb.state.pa.us (DEP Keyword: Participate) and on the Bureau of Air Quality's web site at www.dep.state. pa.us/dep/deputate/airwaste/aq/default.htm. Contact: Ronald Gray, Chief, Continuous Compliance Section, Department of Environmental Protection, Bureau of Air Quality, P. O. Box 8468, Harrisburg, PA 17105-8468, (717) 772-4482 or rongray@state.pa.us. Effective Date: This technical guidance document will be effective April 18, 2009, and will be applied to Continuous Source Monitoring System Quarterly Reports beginning with the second quarter 2009.

   DEP ID: 400-0200-001. Title: Policy for Pennsylvania Natural Diversity Inventory (PNDI) Coordination During Permit Review and Evaluation. Description: The purpose of this revision is to support continued PNDI coordination, thereby facilitating the existence, protection, and recovery of identified threatened and endangered species and their habitats and special concern species and resources. This policy is a revision of Department's existing policy, clarifying the procedures for processing permit applications when threatened and endangered species and their habitats and special concern species and resources are detected during a PNDI search. Contact: Questions regarding this final guidance document should be directed to Kelly Heffner at (717) 783-8727 or kheffner@ state.pa.us. Effective Date: April 18, 2009.

Interim Final Guidance

   DEP ID: 563-2112-224. Title: Certification Guidelines for the Chemical and Physical Properties of Coal Ash Beneficially used at Mines. Description: Technical guidance document 563-2112-224 contains guidelines relative to the approval process for a coal ash generator to obtain approval for beneficial use of its ash and the chemical and physical standards applicable to qualification for beneficial use. 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. The guidance has been updated to incorporate additional chemical parameters for the coal ash that were recommended by the National Academy of Sciences (NAS) for sites that receive coal ash. This document explains the minimum standards for physical and chemical characteristics of coal ash that 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. The owners of approximately 13 ash generators and 50 coal mines will be affected by these guidance documents. The Department originally published the technical guidance for Certification Guidelines for Beneficial Uses of Coal Ash at Mines on September 20, 2008, with a close of comment period of November 19, 2008. Approximately 200 comments were received from more than 20 commentators. This interim final document incorporates changes based on the comments received. Because of the extensive nature of the changes made in response to the comments, this technical guidance will be published as interim final with an additional 30-day comment period. Written Comments: Interested persons may submit written comments on this draft technical guidance document by May 18, 2009. 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 or kbrady@state.pa.us. Contact: Questions regarding the technical guidance document should be directed to Keith Brady at (717) 787-5103 or kbrady@state.pa.us. Effective Date: April 18, 2009.

   DEP ID: 563-2112-225. Title: Mine Site Approval for the Beneficial Use of Coal Ash. Description: Technical guidance document 563-2112-225 contains guidelines relative to use of coal ash at active and abandoned coal mines. 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. 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. Changes to the guidance document include improved procedures for groundwater data collection, longer post-closure water monitoring, and increased sample frequency for ash and water chemistry. The guidelines address water monitoring, ash placement and the groundwater table, types of beneficial uses, permitting procedures at active coal mine sites, assessment and remediation procedures, and use at abandoned mine sites. The owners of approximately 13 ash generators and 50 coal mines will be affected by these guidance documents. The Department published the technical guidance for Beneficial Uses of Coal Ash at Mines on September 20, 2008, with a close of comment period of November 19, 2008. Approximately 210 comments were received from more than 20 commentators. This interim final document incorporates changes based on the comments received. Because of the extensive nature of the changes made in response to the comments an additional 30-day comment period will be provided. Written Comments: Interested persons may submit written comments on this draft technical guidance document by May 18, 2009. 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 or kbrady@state.pa.us. Contact: Questions regarding the technical guidance document should be directed to Keith Brady at (717) 787-5103 or kbrady@state.pa.us. Interim Final Effective Date: April 18, 2009.

JOHN HANGER,   
Acting Secretary

[Pa.B. Doc. No. 09-703. Filed for public inspection April 17, 2009, 9:00 a.m.]


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