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PA Bulletin, Doc. No. 05-1216

NOTICES

Availability of Technical Guidance

[35 Pa.B. 3601]

   Technical guidance documents are on the Department of Environmental Protection's (Department) website: www.dep.state.pa.us (DEP Keyword: Participate). The ''Current Inventory'' heading is the Governor's list of nonregulatory guidance documents. The ''Final Documents'' heading is the link to a menu of the various Department bureaus and from there to each bureau's final technical guidance documents. 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 2005.

Ordering Paper Copies of Department Technical Guidance

   The Department encourages the use of the Internet to view guidance documents. When this option is not available, 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 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--New Guidance

   DEP ID: 563-2504-002. Title: Land Maintenance Financial Guarantees. Description: This document defines how the Department will require coal mining activities to be bonded in an amount that covers the Department's cost to complete the site's reclamation plan. The Department has established the Land Maintenance Financial Guarantee program to provide the financial assurance needed for coal mine sites awaiting Stage 3 bond release. Comments: A notice of availability of the draft version of this document was published at 35 Pa.B. 1712 (March 12, 2005). Provision for a 30-day public comment period was provided for the draft document, which concluded on April 12, 2005. The document was revised in response to comments received from the public. Effective Date: June 25, 2005. Contact: William Allen, (717) 787-5103, wallen@state.pa.us.

Final Technical Guidance--Substantive Revision

   DEP ID: 550-3000-001. Title: Compliance Monitoring of Oil and Gas Wells and Related Facilities and Activities. Description: This document summarizes the policies regarding field inspections and other compliance monitoring activities carried out by the Department's Oil and Gas Management Program and revises procedures governing the frequency of inspections as well as procedures for determining whether a violation has occurred. Comments: A notice of availability of the draft version of this document was published at 34 Pa.B. 4202 (August 7, 2004). Provision for a 30-day public comment period was provided for the draft document, which concluded on September 6, 2004. No comments were received from the public. Effective Date: June 25, 2005. Contact: David English, (717) 772-2199, daenglish@state.pa.us.

   DEP ID: 550-4000-001. Title: Enforcement Actions By DEP's Oil and Gas Management Program. Description: This document revises procedures for tracking violations as well as timeframes and procedures for resolving violations. In addition, this document summarizes enforcement principles and priorities and the types of actions that the Oil and Gas Management Program would pursue within Department's framework of thoughtful and thorough enforcement. Comments: A notice of availability of the draft version of this document was published at 34 Pa.B. 4202. Provision for a 30-day public comment period was provided for the draft document, which concluded on Septem-ber 6, 2004. No comments were received from the public. Effective Date: June 25, 2005. Contact: David English, (717) 772-2199, daenglish@state.pa.us.

   DEP ID: 383-2300-001. Title: Pennsylvania's Interim Program for Operator Certification. Description: The guidance and procedures contained in this document provide direction to the Department and the State Board for Certification of Water and Wastewater Systems Operators to implement the Water and Wastewater Systems Operators' Certification Act (63 P. S. §§ 1001--1015.1) and to meet Federal guidelines contained in section 1419 of the 1996 amendments to the Federal Safe Drinking Water Act. Recent changes were made to the guidance to more effectively implement the Interim Operator Certification Program. Specifically, revisions are proposed to the Interim Operator Certification Program to implement new operator certification experience requirements imposed by United States Environmental Protection Agency guidelines. These changes will help to streamline andsimplify the experience requirements prescribed in the Commonwealth's Interim Program, thereby aligning these requirements with those established by other states. This guidance is expected to be superceded by regulations promulgated by the Environmental Quality Board (EQB). It is anticipated these proposed regulations will be presented to the EQB for consideration in Fall 2005. Comments: A notice of availability of the draft version of this document was published at 35 Pa.B. 1637 (March 5, 2005). Provision for a 30-day public comment period was provided for the draft document, which concluded on April 4, 2005. The document was revised in response to comments received from the public. Effective Date: June 25, 2005. Contact: Foster Diodato, (717) 787-0122, fdiodato@ state.pa.us.

Draft Technical Guidance--New Guidance

   DEP ID: 362-2192-004. Title: Guidelines for Identifying Tracking and Resolving Violations for the Land Application of Biosolids. Description: This document provides internal guidance to the Department's Biosolids Program Staff for identifying and resolving compliance and enforcement activities across this Commonwealth. Written Comments: Interested persons may submit written comments on this draft technical guidance document by July 25, 2005. 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 Denise Uzupis, Department of Environmental Protection, Bureau of Water Supply and Wastewater Management, Division of Wastewater Management, P. O. Box 8774, Harrisburg, PA 17105-8774, deuzup@state.pa.us. Effective Date: Upon publication of notice as final in the Pennsylvania Bulletin. Contact: Questions regarding the draft technical guidance document should be directed to Denise Uzupis, (717) 787-8184, deuzup@state.pa.us.

   DEP ID: 362-4000-003. Title: Act 537 Program Guidance; Local Agency/Municipality Evaluation and Compliance Activity. Description: This document provides internal guidance to Department staff by providing general strategy and procedures for evaluating municipal and local agency performance when implementing the Act 537 program and to provide potential compliance actions available to correct deficient performance prior to initiating enforcement activity. Written Comments: Interested persons may submit written comments on this draft technical guidance document by July 25, 2005. 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 James Novinger, Department of Environmental Protection, Bureau of Water Supply and Wastewater Management, Division of Wastewater Management, P. O. Box 8774, Harrisburg, PA 17105-8774, jnovinger@state.pa.us. Effective Date: Upon publication of notice as final in the Pennsylvania Bulletin. Contact: Questions regarding the draft technical guidance document should be directed to James Novinger, (717) 787-9637, jnovinger@state.pa.us.

   DEP ID: 362-4000-004. Title: Act 537 Program Guidance; Sewage Enforcement Officer Evaluation and Compliance Activity. Description: This document provides internal guidance to Department staff by providing general strategy and procedures for evaluating sewage enforcement officer performance when implementing their Act 537 responsibilities and to provide potential compliance actions available to correct deficient performance prior to initiating enforcement activity. Written Comments: Interested persons may submit written comments on this draft technical guidance document by July 25, 2005. 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 James Novinger, Department of Environmental Protection, Bureau of Water Supply and Wastewater Management, Division of Wastewater Management, P. O. Box 8774, Harrisburg, PA 17105-8774, jnovinger@state.pa.us. Effective Date: Upon publication of notice as final in the Pennsylvania Bulletin. Contact: Questions regarding the draft technical guidance document should be directed to James Novinger, (717) 787-9637, jnovinger@state.pa.us.

   DEP ID: 362-4000-005. Title: Act 537 Program Guidance; Identifying, Tracking, Resolving of Sewage Facilities Act Violations. Description: This document provides internal guidance to Department staff by providing general strategy and procedures for pursuing enforcement activity against municipalities, local agencies and sewage enforcement officers found to be sufficiently deficient in their responsibilities under the Sewage Facilities Act (Act 537) to warrant formal action. Written Comments: Interested persons may submit written comments on this draft technical guidance document by July 25, 2005. 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 James Novinger, Department of Environmental Protection, Bureau of Water Supply and Wastewater Management, Division of Wastewater Management, P. O. Box 8774, Harrisburg, PA 17105-8774, jnovinger@state.pa.us. Effective Date: Upon publication of notice as final in the Pennsylvania Bulletin. Contact: Questions regarding the draft technical guidance document should be directed to James Novinger, (717) 787-9637, jnovinger@state.pa.us.

   DEP ID: 362-4180-004. Title: Guidance for Calculating Civil Penalty Assessment Amounts under the Sewage Facilities Act. Description: This document provides internal guidance to Department staff for the calculation and assessment of civil penalties under the Sewage Facilities Act. Written Comments: Interested persons may submit written comments on this draft technical guidance document by July 25, 2005. 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 James Novinger, Department of Environmental Protection, Bureau of Water Supply and Wastewater Management, Division of Wastewater Management, P. O. Box 8774, Harrisburg, PA 17105-8774, jnovinger@state.pa.us. Effective Date: Upon publication of notice as final in the Pennsylvania Bulletin. Contact: Questions regarding the draft technical guidance document should be directed to James Novinger, (717) 787-9637, jnovinger@state.pa.us.

   DEP ID: 362-4180-005. Title: Act 537 Program Guidance; Civil Penalty Assessment Processing. Description: This document provides internal guidance to Department staff to achieve Statewide consistency with the civil penalty assessment processing under Act 537. Written Comments: Interested persons may submit written comments on this draft technical guidance document by July 25, 2005. 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 James Novinger, Department of Environmental Protection, Bureau of Water Supply and Wastewater Management, Division of Wastewater Management, P. O. Box 8774, Harrisburg, PA 17105-8774, jnovinger@state.pa.us. Effective Date: Upon publication of notice as final in the Pennsylvania Bulletin. Contact: Questions regarding the draft technical guidance document should be directed to James Novinger, (717) 787-9637, jnovinger@state.pa.us.

   DEP ID: 362-4000-006. Title: Guidelines for Identifying, Tracking, and Resolving Violations for Water Quality. Description: This document provides internal program guidance to the Department's Water Quality Program staff for identifying and resolving compliance and enforcement activities across this Commonwealth. Written Comments: Interested persons may submit written comments on this draft technical guidance document by July 25, 2005. 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 Stanley Rudisill, Department of Environmental Protection, Bureau of Water Supply and Wastewater Management, Division of Wastewater Management, P. O. Box 8774, Harrisburg, PA 17105-8774, srudisill@state.pa.us. Effective Date: Upon publication of notice as final in the Pennsylvania Bulletin. Contact: Questions regarding the draft technical guidance document should be directed to Stanley Rudisill, (717) 787-9637, srudisill@state.pa.us.

   DEP ID: 383-4000-002. Title: Guidelines for Identifying, Tracking and Resolving Violations for the Drinking Water Program. Description: This document provides the Department's Field Staff with an organized approach to dealing with serious violations in the drinking water program in accordance with the Department-wide policy issued on April 6, 2004. Written Comments: Interested persons may submit written comments on this draft technical guidance document by July 25, 2005. Comments submitted by facsimile will not be accepted. The Depart-ment 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 Lisa Daniels, Department of Environmental Protection, Bureau of Water Supply and Wastewater Management, Division of Drinking Water Management, P. O. Box 8467, Harrisburg, PA 17105-8467, ldaniels@state.pa.us. Effective Date: Upon publication of notice as final in the Pennsylvania Bulletin. Contact: Questions regarding the draft technical guidance document should be directed to Lisa Daniels, (717) 772-4018, ldaniels@state.pa.us.

   DEP ID: 562-4180-102. Title: Noncoal Compliance/Enforcement Procedures. Description: This proposed guidance document summarizes the procedure used by the Department to cite violations by noncoal operators including blasting activities related to noncoal mining operations. Written Comments: Interested persons may submit written comments on this draft technical guidance document by July 25, 2005. Comments submitted by facsimile will not be accepted. Comments, including comments submitted by electronic mail must include the originator's name and address. Written comments should be submitted to William Allen, Jr., Department of Environmental Protection, Bureau of Mining and Reclamation, P. O. Box 8461, Rachel Carson State Office Building, 400 Market Street, Harrisburg, PA 17105-8461, wallen@state.pa.us. Effective Date: Upon publication as final in the Pennsylvania Bulletin. Contact: Questions regarding the draft technical guidance document should be directed to William Allen, Jr., (717) 783-4675, wallen@state.pa.us.

KATHLEEN A. MCGINTY,   
Secretary

[Pa.B. Doc. No. 05-1216. Filed for public inspection June 24, 2005, 9:00 a.m.]


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