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PA Bulletin, Doc. No. 20-1080



Availability of Technical Guidance

[50 Pa.B. 4091]
[Saturday, August 8, 2020]

 Technical guidance documents (TGD) 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 TGDs are posted. The ''Technical Guidance Draft Documents'' heading is the link to the Department's draft TGDs.

Ordering Paper Copies of Department Technical Guidance

 The Department encourages the use of the Internet to view and download TGDs. When this option is not available, persons can order a paper copy of any of the Department's draft or final TGDs 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 TGDs

 Following is the current list of recent changes. Persons who have questions or comments about a particular document should contact the person whose name and phone number are listed with each document.

Draft Technical Guidance; New Guidance

DEP ID: 383-4200-003. Title: Guidance on Notification Requirements for Spills, Discharges, and other Incidents of a Substance Causing or Threatening Pollution to Waters of the Commonwealth Under Pennsylvania's Clean Streams Law. Description: The purpose of this document is to provide guidance on the immediate notification requirements for spills, discharges and other incidents of a substance causing or threatening pollution to waters of this Commonwealth.

Written Comments: Interested persons may submit written comments on this draft TGD through Tuesday, October 6, 2020. Comments submitted by facsimile will not be accepted. All comments, including comments submitted by e-mail, must include the commentator's name and address. Commentators are encouraged to submit comments using the Department's online eComment tool at or by e-mail to Written comments can be mailed to the Technical Guidance Coordinator, Department of Environmental Protection, Policy Office, Rachel Carson State Office Building, P.O. Box 2063, Harrisburg, PA 17105-2063.

Contact: Questions regarding this TGD can be directed to Bob Kachonik at or (717) 783-3863.

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

Final Technical Guidance; Substantive Revisions

DEP ID: 800-0810-002. Title: Policy for the Replacement or Restoration of Private Water Supplies Impacted by Unconventional Operations. Description: This document provides guidance to well operators for ensuring compliance with legal requirements related to restoration and replacement of private water supplies adversely impacted by unconventional gas operations. This TGD is intended to memorialize existing Department policy relating to the restoration or replacement of private water supplies adversely impacted by unconventional gas operations with a water supply of adequate quantity or quality, or both, for the purposes served by impacted water supply sources under section 3218 of the 2012 Oil and Gas Act (58 Pa.C.S. § 3218 (relating to protection of water supplies)). The final TGD addresses the application of the presumption of liability under that section, provision of temporary water supplies as well as permanent restoration or replacement of water supplies.

 The Department published the interim final guidance document at 46 Pa.B. 6392 (October 8, 2016). Six separate commenters submitted around 100 individual comments during the 60-day comment period. The Department also continued to solicit feedback from its Oil and Gas Technical Advisory Board after publication through February 2018. In response to the comments received, several editorial and substantive changes were made to the final document. The substantive changes included: allowing for treatment of the impacted water supply as a temporary water supply; allowing an operator to submit a request to allow additional time to evaluate a water supply to demonstrate that the impact may be temporary; adding a requirement that the Department will provide copies to the operator of Department correspondence with the landowner/water user when the Department determines that the operator's activities have impacted the water supply, along with stating that an operator should share permanent water supply restoration/replacement plans and corresponding sample plans with the water supply user/owner and their consultants; and adding a requirement that plumbing accessories and equipment associated with temporary water supplies or permanent restoration or replacement of a private water supply must be certified for conformance with the National Sanitation Foundation/American National Standards Institute Standard 61 regarding drinking water system components—health effects.

Contact: Questions regarding this TGD can be directed to Kurt Klapkowski at or (717) 783-9893.

Effective Date: August 8, 2020


[Pa.B. Doc. No. 20-1080. Filed for public inspection August 7, 2020, 9:00 a.m.]

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