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PA Bulletin, Doc. No. 13-511


Availability of Technical Guidance

[43 Pa.B. 1638]
[Saturday, March 23, 2013]

 Technical guidance documents are available on the Department of Environmental Protection's (Department) web site at The ''Technical Guidance 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 ''Technical Guidance Draft Documents'' heading is the link to the Department's draft technical guidance documents.

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.

Draft Technical Guidance: New Guidance

DEP ID: 563-2000-301. Title: Use of Reclamation Fill at Active Noncoal Sites. Description: The purpose of this document is to provide guidance describing the process of and conditions in which Department may permit the use of certain fill materials (deemed ''Reclamation Fill'') obtained from an off-site source to facilitate reclamation of an active noncoal mine site. Criteria for meeting the definition of ''Reclamation Fill'' is defined. The proposed version replaces the historic draft entirely.

 The Department's Waste Management Program's guidance document, titled Management of Fill, provides similar guidance for the beneficial use of fill material. However that document expressly does not apply to mine reclamation activities subject to a mining permit. The use of fill at noncoal mining sites is governed by a mining permit, which is issued under the provisions of the Noncoal Surface Mining and Reclamation Act. For a noncoal mining permit to be issued, the applicant must demonstrate compliance with all applicable regulatory requirements including the criteria for permit approval as specified in 25 Pa. Code Chapter 77, in particular, 25 Pa. Code § 77.126 (relating to criteria for permit approval or denial). Consequently, the proposed guidance clarifies regulatory requirements specific to the use of fill for beneficial use at noncoal sites.

 The Department is specifically seeking comments regarding Appendix A, namely, the limits for organic contaminants. The draft standards have been proposed by the Pennsylvania Aggregate and Concrete Association as reasonable.

Effective Date: Upon publication of notice as final in the Pennsylvania Bulletin.

Written Comments: Interested persons may submit written comments on this Draft Technical Guidance Documents by April 22, 2013. 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 Keith Brady, P. O. Box 8461, (717) 787-4814 and


[Pa.B. Doc. No. 13-511. Filed for public inspection March 22, 2013, 9:00 a.m.]

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