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PA Bulletin, Doc. No. 07-1619


Availability of Technical Guidance

[37 Pa.B. 4841]
[Saturday, September 1, 2007]

   Technical guidance documents are available on the Department of Environmental Protection's (Department) website at (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 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.

Interim Final 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. Substantive revisions were made to the policy to further enhance and support compliance with CSO and NPDES permit conditions among the regulated community. The revised guidance document, advertised for public comment at 36 Pa.B. 7999 (December 30, 2006), was intended to establish the Department's policy regarding CSO Phase III permitting to implement, as appropriate, the Environmental Protection Agency's (EPA) April 1994 National Combined Sewer Overflow Control Policy and the subsequent Wet Weather Water Quality Act of 2000 that codified that policy.

   After the conclusion of the public comment period on the revised policy, the EPA suggested further substantive revisions to the Department's policy to, among other things, more closely align it with the 1994 EPA CSO Control Policy. These revisions include, for example, the incorporation of additional post-construction monitoring requirements to verify compliance with water quality standards and protection of designated uses; the addition of clear milestones and endpoints in the permittee's long-term planning for meeting water quality standards, including the placement of milestones in the applicable permit as enforceable provisions, and clarification that EPA-acceptable permit language will be incorporated into the applicable permit when new water quality-based effluent limitations are set.

   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. 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. 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 October 1, 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, Rachel Carson State Office Building, 11th Floor, Harrisburg, PA 17105-8467, Contact: Questions concerning the interim final technical guidance document should be directed to John Wetherell at (717) 705-0486, Interim Final Effective Date: September 1, 2007.

Final Technical Guidance

   DEP ID: 390-2100-001. Title: Implementation Guidance for NPDES CAFO Permits and Water Quality Management Permits for Manure Storage Facilities. Description: This guidance document was developed to provide clarification concerning the Environmental Quality Board's rulemaking on Concentrated Animal Feeding Operations and Other Agricultural Operations (25 Pa. Code Chapters 91 and 92), published at 35 Pa.B. 5796 (October 22, 2005). The document is intended for use by permit applicants and Department permit review staff in respectively preparing and reviewing National Pollutant Discharge Elimination System (NPDES) CAFO permits and Water Quality Management Permits for manure storage facilities. Notice of the draft technical guidance document, including a request for public comment, was published at 37 Pa.B. 1186 (March 10, 2007). A 30-day public comment period was provided, which concluded on April 9, 2007.

   Twenty-one commentators provided comments to the Department on the draft document. Those comments were addressed in a Comment and Response document developed by the Department. Based on the comments received, changes were made to the guidance document, as appropriate. Major changes include the removal of a provision proposed by the Department in the draft version of the guidance, which would have required CAFOs to draw down their manure storage facilities to a specific level prior to winter. This practice will be encouraged, but will not be an enforceable requirement. The Department has also clarified in the final guidance document that winter spreading of manure is allowed at CAFOs, as long as it is done in accordance with the approved nutrient management plan for the operation. In addition, the Department has also clarified in the final guidance document what is expected of permittees regarding engineering certification of existing storage facilities. The revised guidance emphasizes visual observations by the engineer as the normal standard. Should this process reveal deficiencies in the facility, further testing and/or remedial measures may be pursued. Contact: Questions concerning final technical guidance document #390-2100-001 can be directed to Robert T. Gibson, Department of Environmental Protection, Bureau of Watershed Management, 10th Floor, Rachel Carson State Office Building, 10th Floor, Harrisburg, PA 17105; (717) 772-5658, Effective Date: September 1, 2007.


[Pa.B. Doc. No. 07-1619. Filed for public inspection August 31, 2007, 9:00 a.m.]

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