1712 Availability of technical guidance

Availability of Technical Guidance

[26 Pa.B. 4949]

Governor's Office List

   Once a year on the first Saturday in August, the Governor's Office publishes a list of the non-regulatory guidance documents of all State agencies in the Pennsylvania Bulletin. The first publication of this list was in the August 3, 1996 edition of the Bulletin.

DEP's Technical Guidance Document Inventory

   DEP publishes a list of its technical guidance documents in its Technical Guidance Document Inventory twice a year. The most recent Inventory was published June 1996. This Inventory is also posted on DEP's World Wide Web page. DEP's Web address is http://www.dep.state.us. To go to the location of the Inventory once on the DEP home page, persons should choose Public Participation Center/Recently Finalized Regulations and Legislation/Technical Guidance Document Inventory (6/12/96).

DEP's Technical Guidance Documents on the World Wide Web

   DEP's Web address is http://www.dep.state.us. To go to the location of DEP's Technical Guidance Documents once on the DEP home page, persons should choose the Public Participation Center. The Center has several menus; the Technical Guidance menu has links to the Inventory, Draft Technical Guidance Documents, Recently Finalized Technical Guidance Documents and Final Documents on the Web.

Ordering Paper Copies of DEP Technical Guidance

   Persons can order a copy of the latest Inventory or a copy of any of the final documents listed on the Inventory by calling Elwyn Inc. (the printer) at 1 [phone] if calling in Pennsylvania or [phone] if calling from outside Pennsylvania.

Changes to Technical Guidance Documents

   Between publication of its Inventory, DEP announces changes to its technical guidance documents in its weekly newsletter, the Update and the Pennsylvania Bulletin. Here is the current list of recently finalized documents, draft documents and notices of intended changes to technical guidance.

   Persons who have any questions or comments should call Nina Huizinga at [phone].

Notice of Intent to Develop Technical Guidance--New Guidance

   Draft Title:  Approval of Internal Combustion Motors in Mines Other than Coal Background: Section 25-2(f) of the General Safety Law requires that all mines other than coal mines be operated in a manner that provides reasonable and adequate protection to workers employed therein. In furtherance of this requirement, the use of internal combustion motors in underground mines other than coal mines is prohibited unless otherwise approved by DEP. This technical guidance is necessary to ensure that reasonable and consistent standards exist for the approval of internal combustion motored equipment. Further, this guidance will establish such standards. Anticipated Effective Date: January 1, 1997. Anticipated Draft Development Date: October 1996 Proposed Development and Review Process: The policy will be developed internally by DEP staff with input from PACA (Pennsylvania Aggregate and Concrete Associates) and the industrial minerals industry. Contact: Joseph A, Sbaffoni at [phone].

   Draft Title: Section 316(h): Use of Electronic Atmospheric Detectors in lieu of Approved Flame Safety Lamps Background: Section 316(h) of the Pennsylvania Bituminous Coal Mine Act identifies gas detection requirements for machine operators. Specifically, machine operators are required to carry flame safety lamps. MSHA requires an electronic methane detector for gas checks instead of a flame safety lamp. Technological advances in electronic gas detection equipment have increased the reliability of said equipment. Mine operators have indicated a need to use electronic detectors in lieu of flame safety lamps for machine operators. This technical guidance is necessary to ensure that reasonable and consistent standards exist for the approval of alternate gas detection devices. Further this guidance will establish said standards. Establishment of said standards will align Federal and State requirements. Anticipated Effective Date: February 1, 1997 Anticipated Draft Development Date: November 1, 1996 Proposed Development and Review Process: This technical guidance will be developed internally by DEP staff with input from potentially affected parties including labor, industry and affiliated unions, organizations and associations. Contact: Joseph A. Sbaffoni at [phone].

   Draft Title: Section 242(c): Criteria for Permitting Entries in Common with the Belt Conveyor Entry under section 702 Background: Section 242(c) of the Pennsylvania Bituminous Coal Mine Act identifies ventilation requirements for belt conveyor entries. Specifically, belt entries are to be isolated. Mine operators have indicated a need to utilize entries in common with the belt entry. Federal law permits common entries with the belt conveyor entry. Section 702 of the act permits an operator to adopt new techniques, machinery or processes, and the like . . . where they provide protection to personnel and property equal to or better than the act requires. Technical guidance is necessary to ensure that reasonable and consistent criteria exist for the review and approval of variance requests submitted under section 702 concerning belt conveyor entries in common with adjacent entries. Further, this guidance will establish said criteria. Anticipated Effective Date: April 1, 1997 Anticipated Draft Development Date: December 1, 1996 Proposed Development and Review Process: Technical guidance will be developed internally by DEP staff with input from potentially affected parties including labor, industry and affiliated unions, organizations and associations. Contact: Joseph A. Sbaffoni at [phone].

   Draft Title: Drop Trailer Guidelines Background: This guidance is necessary to standardize and formalize the review and approval process for licensing drop trailers for the storage of blasting agents. Anticipated Effective Date: January 1, 1997 Anticipated Draft Development Date: September 9, 1996 Proposed Development and Review Process: We wish to solicit comments on these proposed guidelines from applicable explosive users and distributors including, PA Coal Association. PA Aggregate and Concrete Association and the International Society of Explosive Engineers. Contact: Michael J. Getto, Jr. at [phone].

   Draft Title: Remining and Reclamation Bonding Incentives: Financial Guarantees and Remining and Reclamation Bonding Incentives: Bond Credits Background: Regulations establishing various reclamation and remining incentives became effective on August 24, 1996 (26 Pa.B. 4181--4193). The regulations authorize DEP to financially guarantee a mine operator's bond obligation on remining areas and to issue bond credits for voluntary reclamation abandoned mine bonds. The Bureau of Mining and Reclamation needs to develop technical guidance to implement these two incentives. Anticipated Effective Date: November 1, 1996 Anticipated Draft Development Date: October 1996 Proposed Development and Review Process: The following parties will be asked to review the draft guidelines: District Mining Offices, program counsel, the Bureau of Fiscal Management, Certification, Licensing and Bonding and the Department's financial expert. Contact: John Meehan at [phone].

   Draft Title: Blasting Complaint Protocol Background: This guidance will standardize the procedure to respond to blasting complaints, provide a technical basis for this procedure and clarify authorities of DEP. Anticipated Effective Date: January 1, 1997 Anticipated Draft Development Date: October 1996 Proposed Development and Review Process: We wish to solicit comments from explosive users including the PA Coal Association, PA Aggregates and Concrete Association and the International Society of Explosive Engineers, as well as the general public. Based on the large numbers of complaints we receive and the specific allegations of those complaints, we feel this guidance may create controversy. Contact: Michael J. Getto, Jr. at [phone].

Notice of Intent to Revise Technical Guidance-Revisions to Existing Guidance

   1.  Notice of Intent to Revise Land Recycling and Waste Management Documents

   Common Elements for All of the Documents Listed in this Section: Background: All of these documents need to be revised in order to comply with changes in statutes and regulations. Anticipated Effective Date: 90 days after the draft. Anticipated Draft Development Date: Documents will be revised in accordance to the Bureau of Land Recycling and Waste Management's regulatory schedule. Proposed Development and Review Process: The documents will be reviewed by the Solid Waste Advisory Committee and appropriate regional DEP staff. Contact: The contact person for all of the documents in this section is Josephine Valencia at [phone].

   DEP ID: 251-2000-704 Title: Exclusionary Siting Criteria--Hazardous Waste Treatment & Disposal DEP ID: 251-2000-705 Title: Revisions to Exclusionary Siting Criteria Document and DEP ID: 251-2000-706 Title: Time Frame for Application of Hazardous Waste Exclusionary Siting Criteria. These three documents cover essentially the same subject. They will be revised into one document.

   DEP ID: 251-2000-515 Title: Establishment of Household Hazardous Waste (HHW) Program

   DEP ID: 253-4500-608 Title: Environmental Emergency Response Actions

   DEP ID: 253-5800-638 Title: Environmental Emergency Response Program Response Actions

   DEP ID: 254-2000-715 Title: Difference between Construction/Demolition Waste & Clean Fill Definitions

   DEP ID: 254-2153-721 Title: Areas Where Municipal Waste Landfills (MWLF) are Prohibited

   DEP ID: 254-2153-723 Title: Leak Detection Tests for Installed Liners

   DEP ID: 254-2153-748 Title: Use of Waste Tires/Tire Derived Materials at Landfills

   DEP ID: 254-2161-734 Title: Design Requirements/Sewage Sludge Storage Impoundment

   DEP ID: 254-2163-741 Title: Beneficial Use of Sewage Sludge Products

   DEP ID: 254-2167-712 Title: Clarification of the Permit-by-Rule Provision for Mixed Waste with Residual Waste

   DEP ID: 254-4000-749 Title: Proper Identification and Disposal of Mixed Loads of Municipal and Residual Waste

   DEP ID: 257-2212-501 Title: Approval of Act 101 Municipal Waste Management Plans

   DEP ID: 258-2000-764 Title: New Waste Streams Review

   DEP ID: 258-2000-765 Title: General Permitting Procedure

   DEP ID: 258-2000-766 Title: Municipal Waste-like Permitting Guidance (Form S)

   DEP ID: 258-2100-747 Title: Disposal of Municipal-like Residual Waste

   2.  Notice of Intent to Revise Policy Office Document

   DEP ID: 012-0900-001 Title: Policy for Development, Approval and Distribution of Technical Guidance Background: A final copy of this revised policy document was published in August, 1996. Nevertheless this policy needs to be revised again to reflect recent decisions. 1)  DEP has finalized DEP ID: 012-0900-002, ''Electronic Copies of Technical Guidance Documents. Some changes will affect this policy. 2)  The Policy Office decided to add procedures to address a document intended both for staff and the public. 3)  The Policy Office decided to allow programs flexibility re: whether or not to keep ''administrative operating procedures'' or ''implementation procedures'' on the Inventory. It was necessary to define clearly what these materials are and how they should be handled. 4)  The Policy Office decided to allow programs flexibility re: working copies of staff handbooks. 5)  Effective Date was added as a standard element on the first page of every DEP document. The footer on each page that gives this information will not show up when the document is placed on the World Wide Web. 6)  Some other minor revisions can be made. For example, the page number section can be greatly simplified. Anticipated Effective Date: October 28, 1996 Anticipated Draft Development Date: October 10, 1996 Proposed Development and Review Process: Copies of the draft will be circulated within DEP. A copy of the draft will be placed on DEP's World Wide Web site. The Policy Office will consider any comments made on the draft. Contact: Nina Huizinga at [phone].

Draft Technical Guidance Document

   DEP ID: 012-0700-002 Title: Guidance for the Implementation of the Agricultural Land Preservation Policy Background: Executive Order 1994-3 states that ''It shall be the policy of the Commonwealth to protect, through the administration of all agency programs and regulations, the Commonwealth's primary agricultural land from irreversible conversion to uses that result in its loss as an environmental and essential food production resource. DEP will, where it has regulatory and decision-making discretion under legal authority, protect primary agricultural land through its regulatory programs. Anticipated Effective Date: October 30, 1996 Deadline for Submission of Comments: October 15, 1996 Contact: Nina Huizinga at [phone].

Final Technical Guidance Document

   DEP ID: 012-0900-002 Title: Electronic Copies of Technical Guidance Description: This policy outlines how DEP will make its technical guidance documents available to the public and its staff using appropriate electronic media. Contact: Nina Huizinga at [phone].

JAMES M. SEIF,   
Secretary

[Pa.B. Doc. No. 96-1712. Filed for public inspection October 11, 1996, 9:00 a.m.]