Draft General Permit for Beneficial Use of Exceptional Quality (PAG-7); Additional Comment [33 Pa.B. 5477] In accordance with the Federal Clean Water Act, The Clean Streams Law (35 P. S. §§ 691.1--691.1001), sections 1905-A, 1917-A and 1920-A of The Administrative Code of 1929 (71 P. S. §§ 510-5, 510-17 and 510-20), the Solid Waste Management Act (35 P. S. §§ 6018.101--6018.1003) and the Municipal Waste Planning, Recycling and Waste Reduction Act (53 P. S. §§ 4000.101--4000.1904), the Department of Environmental Protection (Department) issues this general permit for use by eligible persons for the beneficial use of exceptional quality biosolids, biosolids or residential septage that will be land applied, who are required by 25 Pa. Code Chapter 91, Chapter 92 or Chapter 271 (relating to general provision; National Pollutant Discharge Elimination System permitting, monitoring and compliance; and municipal waste management--general provisions), as applicable, to obtain a permit for the beneficial use of biosolids in this Commonwealth.
Notice of proposed revisions to PAG-7 was published at 32 Pa.B. 377 (January 19, 2002) with a 30-day public comment period that closed on February 19, 2002. The Department then extended the public comment period until March 25, 2002. PAG-7 was further amended and published for public comment at 32 Pa.B. 5213 (October 19, 2002) with a 30-day comment period that was to close on November 18, 2002, but was extended until December 23, 2002.
The Department is proposing additional amendments to PAG-7. PAG-7 Section 3.f was added to include a rebuttable presumption for post-lime treated biosolids. The rebuttable presumption excludes coverage under PAG-7 for post-lime treated products that cannot be shown to be land applied without creating odor problems. The rebuttable presumption will apply to new applications for coverage or coverage renewals. PAG-7 Section 4.g was modified to provide additional enforcement tools specifically regarding odor management. PAG-7 Section 4.j was originally part of PAG-7 Section F. PAG-7 Sections E.3 and F were amended to provide additional detail and clarity. PAG-7 Section E.5 was added for regulatory clarity. PAG-7 Section G was added for clarification purposes. The Department will only accept comments relevant to these specific changes since PAG-7 was previously published for public comment in its entirety on two separate occasions.
A copy of the new draft revised PAG-7 is available on the Department's website at www.dep.state.pa.us (DEP Keyword: Participate; scroll down to ''Proposals Open for Comment'' and choose ''Regulations and Other Proposals''). A copy of the new draft revised PAG-7 is also available by contacting the Bureau of Water Supply and Wastewater Management, P. O. Box 8467, Harrisburg, PA 17105-8467, (717) 783-3795, trutroutma@state.pa.us.
The public is invited to comment on the proposed revisions to PAG-7 Sections 3.f, 4.g, 4.j, E.3, E.5, F and G only. Comments must be received by December 1, 2003. If there is significant public interest in the proposed revisions to PAG-7 or if formally requested, the comment period may be extended at the discretion of the Department for an additional 15-day period. Only comments received within the specified period will be considered in the formulation of final PAG-7. Persons wishing to comment should submit their name, address, telephone number and a concise comment and the relevant facts upon which it is based. A public meeting or hearing may be held if the Department considers the public interest and/or comments significant. Written comments should be submitted to the previous address. Comments will not be accepted by facsimile or on voice mail. Comments will also be accepted by e-mail and should be sent to jafrica@state.pa.us by December 1, 2003.
Persons with a disability may use the AT&T Relay Service, (800) 654-5984 (TDD users) or (800) 654-5988 (voice users). Following the specified comment period, the Department will review all submitted comments, prepare a written comment and response document and prepare final document packages for this permit. An availability of the final permit documents will be announced in the Pennsylvania Bulletin.
KATHLEEN A. MCGINTY,
Secretary[Pa.B. Doc. No. 03-2117. Filed for public inspection October 31, 2003, 9:00 a.m.]
