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PA Bulletin, Doc. No. 96-1139


Availability of the Inventory of Technical Guidance Documents

[26 Pa.B. 3372]

   DEP publishes a list of its technical guidance documents in an Inventory twice a year. The most recent Inventory, published June, 1996, is now available. The June Inventory is a snapshot of the guidance documents in effect on or before May 31, 1996.

   DEP has improved this edition in several ways. This edition of the Inventory is organized in four different ways: 1) by DEP deputate, bureau and by type of document (comprehensive, permits/plan approvals, monitoring and compliance, grants/financial assistance/contracts), 2) by ID number giving the title and description, 3) by volume location and 4) by ID number giving the location, page length, cross reference (if any) and contact name and phone number. In addition, this edition includes an explanation of the DEP's ID codes used with these guidance documents.

   The distribution has also been improved. DEP is using its mailing list of companies and organizations that have received the Inventory in the past to send a bound copy of the June Inventory to 800 addresses. These bound copies will be ready the end of July. Persons who would like to add their company or organization to the mailing list should contact Nina Huizinga at (717) 783-8727.

   A copy of the June Inventory (listing 1) is available on DEP's World Wide Web site.

   Persons who want to order a copy of the June 1996 Inventory and any of the documents listed on the Inventory can do so by calling Elwyn, Inc. (the printer). Bound copies of the Inventory will be available end July; unbound copies are available now. Call 1 (800) 804-4020 to place an order if you are located in Pennsylvania. Call (610) 891-2183 if you are located outside Pennsylvania.

   Persons who have any questions should contact Elwyn at the above numbers or ask Nina Huizinga of DEP at (717) 873-8727 (e-mail at

   The next edition of the Inventory will be published in December 1996.

Changes to DEP's Technical Guidance
Documents Since April 20

   In between the publication of the Inventory, DEP announces changes to its technical guidance documents in the UPDATE (DEP's weekly newsletter available on DEP's World Wide Web site) and in the Pennsylvania Bulletin.

   The last announcement of changes in the Bulletin was published April 20, 1996.

   The following changes in technical guidance documents appeared in the May 3, 1996 issue of UPDATE.

Draft Revisions to Technical Guidance

   DEP ID: 012-0820-001 Title: Policy for Development, Approval and Distribution of Regulations. Description: This guidance document establishes the standards for the content of regulations and creates a uniform process for developing, approving and distributing these documents. This is a revision to an existing document. Revision: Governor's Executive Order 1996-1 established principles that agencies must adhere to when developing and revising regulations. This document is being revised to incorporate these principles into DEP's regulatory process. Anticipated Effective Date: June 10, 1996. Contact: Sharon Freeman at (717) 783-8727.

   DEP ID: 012-0900-001 Title: Policy for Development, Approval and Distribution of Technical Guidance. Description: This guidance document establishes standards for the content of technical guidance documents and creates a uniform process for developing, approving and distributing these documents. This is a revision to an existing document. Revision: Guidance is revised to comply with Governor's Executive Order 1996-1, to reflect policy to publish notice of changes in UPDATE and Pennsylvania Bulletin to increase electronic accessibility of documents, to list public manuals and fact sheets on DEP's Publication Guide, to add flexibility in page numbering and to update names of responsible staff. Anticipated Effective Date: July 1, 1996. Contact: Nina Huizinga at (717) 783-8727.

   The following changes in technical guidance documents appeared in the June 14, 1996 issue of UPDATE.

Final Technical Guidance Documents

   DEP ID: 362-2000-007 Title: Policy for Conducting Technical Reviews of Water Quality Management (Part II) Permit Applications to Construct and Operate Sewerage Works, and Industrial Wastewater Treatment Facilities. Description: DEP will conduct adequate, but limited technical reviews and will rely heavily on the professional competency of design engineers. Location: Vol 32, Tab 9A.

   DEP ID: 253-4500-606 Title: Applicable or Relevant and Appropriate Requirements (ARARs) for Cleanup Response and Remedial Actions in Pennsylvania. Description: The remedial actions conducted at various waste sites and facilities in Pennsylvania require the implementation of regulatory standards from several Bureaus within DEP and other agencies. This document provides an index of these standards. Location: Vol 5, Tab 46.

   DEP ID: 382-2130-012 Title: Policy for Recognizing Succession to Water Rights as a Result of Transfers of Ownership. Description: This guidance establishes a uniform procedure for recognizing a succession to rights when a new owner, by whatever means and for whatever reason, takes over or acquires an existing public water supply system which holds legal surface water rights. Location: Vol 15, Tab 11.

Revisions to Existing Technical Guidance and Rescinding of Existing Technical Guidance

   DEP ID: 562-4100-301 Title: Compliance/Enforcement Procedures. Description: This guidance describes the various enforcement tools available to District staff and the appropriate use of each tool. Related Guidance Documents: This document combines and replaces existing guidance documents: 562-4100-301, 562-4000-302, 562-4100-303, 562-4000-305. Location: Vol 12, Tab 13.

   DEP ID: 562-4180-306 Title: Civil Penalty Assessments. Description: This document describes the criteria for determining the amount of civil penalty to be assessed for a violation. Related Guidance Documents: This document revises and combines two existing documents of the coal and noncoal (Industrial minerals) programs: 562-4180-306 and 563-4180-306. Location: Vol 12, Tab 18.

   DEP ID: 562-3000-102 Title: Inspection. Description: This guidance establishes procedures for conducting various types of inspections of mine sites, including the frequency and level of detail. Related Guidance Documents: This document constitutes a major revision of an existing guidance with this title and elimination of 562-3000-104 dealing with inspections of bond forfeiture sites. Location: Vol 12, Tab 1.

Notice of Intent to Rescind Technical Guidance

   DEP ID: 392-4000-018 Title: Enforcement Policy for Conservation Districts. Explanation for Recision: A new manual (DEP ID: 320-4000-001 Title: Compliance Assistance and Enforcement Manual) now provides policy and procedures used by Department staff and by County Conservation Districts with delegated program responsibilities.

Notice of Intent to Develop Technical Guidance

   Draft Title: Listing of Plan Approval Exemptions and Exemption Criteria for Operating Permits. Background: During development of the air quality plan approval and operating permit regulatory amendments, DEP agreed to revise and expand the listing of sources eligible for exemption from air quality permitting requirements. In addition, we will also describe the relationship between air quality plan approval exemption and the state-only operating permit program. Proposed Development and Review Process: Comments from industry were made during the regulatory review process. Draft will be reviewed by staff and AWQTAC air subcommittee. Notice will be published in Pennsylvania Bulletin and public comment solicited. Anticipated Effective Date: July 31, 1996. Contact: John F. Slade at (717) 787-4325.

Draft Technical Guidance

   DEP ID: 012-0830-002 Title: Data Standard for Pennsylvania Municipality Codes. Background: Pennsylvania incorporated Municipality Codes data will originate and be incorporated into all DEP electronic database systems based upon Management Directive 315.1. Municipal Tax Rate Schedules, published and updated by the Office of the Budget. Deadline for Submission of Comments: June 15, 1996. Contact: Darwin Aurand at (717) 772-4008.

   DEP ID: 563-2000-223 Title: Review Process for the Approval of a Bituminous Coal Blast Plan. Background: This document revises existing program guidance. The revisions require public notification of preblast surveys to be sent certified, return-receipt and incorporate changes needed resulting from recent regulation changes. Deadline for Submission of Comments: June 10, 1996. Contact: Mike Getto at (717) 787-7846.

   DEP ID: 563-2000-204 Title: Homeowner Notification of Rights Pre-Blast Survey (Industrial materials. Background: This new program guidance requires that notices to homeowners and owners of other structures of the availability of a Pre-Blast Survey, be sent certified-return receipt. This method of notification verifies that the notices were sent by the operator, and received by the homeowner. Deadline for Submission of Comments: June 10, 1996. Contact: Mike Getto at (717) 787-7846.

   The following changes in technical guidance appeared in the June 28, 1996 copy of the UPDATE.

Final Technical Guidance Documents

   DEP ID: 363-0900-015 Title: Implementation of Act 16. Description: This guidance identifies the changes to the Storage Tank and Spill Prevention Act of 1989, as amended by Act 16 of 1995. Location: Volume 33, Tab 14A.

   DEP ID: 258-2181-771 Title: Interim Operating Requirements for Permitted and Unpermitted Facilities. Description: This policy provides guidance on the interpretation of sections of the residual waste regulations, specifically for the following: 1) permitted processing and disposal facilities, 2) unpermitted processing and disposal facilities, and 3) permitted and unpermitted storage impoundments. Location: Volume 6, Tab 40A.

Final Document--Clarification of Location

   DEP ID: 258-2182-773 Title: Policy and Procedure Establishing Criteria for Use of Uncontaminated Soils, Rock, Stone, Unused Brick and Block, Concrete, and Used Asphalt as Clean Fill. Location: Volume 6, Tab 40B.

   As this announcement goes to print, the following changes in technical guidance documents are scheduled to appear in the July 12, 1996 issue of UPDATE.

Draft Technical Guidance

   DEP ID: 362-2000-008 Title: Policy for Conducting Technical Reviews of Minor NPDES Renewal Applications. Background: Detailed reviews of minor NPDES permit renewal applications are now being conducted regardless of their legal status or environmental significance. Permittees who are in compliance with their existing permit, have made no major changes over the life of the permit, and are causing no known water quality impairment should receive an expedited application review. Deadline for Submittal of Comments: July 31, 1996. Contact: Stuart I. Gansell at (717) 787-8184.

Final Technical Guidance

   DEP ID: 012-0700-001 Title: Implementation of the History Code: Policy and Procedures for Applicants for DEP Permits and Plan Approvals. Description: This document establishes procedures for DEP plan approvals and permit reviews so that PHMC has the opportunity to review activities undertaken with DEP's approval for their possible impact on significant historical and archaeological resources. Location: Volume 1, Tab 6.


[Pa.B. Doc. No. 96-1139. Filed for public inspection July 12, 1996, 9:00 a.m.]

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