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PA Bulletin, Doc. No. 12-1016

NOTICES

Final Technical Guidance Document; Substantive Revision

[42 Pa.B. 3175]
[Saturday, June 2, 2012]

 DEP ID: 273-4130-003. Title: Guidance for Application of Regional Civil Assessment Procedure. Description: The Department of Environmental Protection has revised its Guidance for Application of Regional Civil Assessment Procedure, Technical Guidance Document Number 273-4130-003, which was developed in 1992 and revised in 2002 to establish uniform criteria for assessing monetary penalties for violations of requirements of the Federal Clean Air Act, Pennsylvania Air Pollution Control Act (APCA) and rules and regulations adopted under the acts. The technical guidance document provides a methodology for determining appropriate civil penalties to resolve violations in accordance with section 9.1 of the APCA. The final revisions include provisions for violations of applicable requirements including permit or plan approval conditions, source testing, emission limits, 12-month rolling emission limits, air pollutant releases, visible emissions, fugitive emissions, malodor, open burning and small source NOx violations. In addition, specific steps of the penalty calculation methodology that considers factors of a violation more than once have been corrected. In addition to clarifying revisions, the changes to the document include an inflation adjustment procedure, changes to the penalty adjustment factors and additional provisions to address the financial benefit to a person in consequence of a violation, as required under section 9.1 of the APCA.

 Effective Date: The proposed guidance document will be effective upon publication as final in the Pennsylvania Bulletin.

 Contact: Questions regarding the final technical guidance document should be directed to Scott Kepner, (717) 772-2330 or skepner@pa.gov.

MICHAEL L. KRANCER, 
Secretary

[Pa.B. Doc. No. 12-1016. Filed for public inspection June 1, 2012, 9:00 a.m.]


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