2102 Availability of technical guidance

Availability of Technical Guidance

[26 Pa.B. 6025]

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. DEP will publish the next edition of the Inventory December 1996. DEP will automatically mail a paper copy of the December 1996 Inventory to persons who received a paper copy of the June 1996 Inventory. Persons who wish to add their address to the mailing list should call Nina Huizinga at [phone].

   DEP posts the Inventory on its World Wide Web site. DEP's Web address is http://www.dep.state.pa.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. The edition currently on the Web is the June 1996 Inventory. When the December Inventory is ready, DEP will announce its availability in its weekly newsletter, the UPDATE and in the Pennsylvania Bulletin.

DEP's Technical Guidance Documents on the World Wide Web

   DEP's Web address is http://www.dep.state.pa.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 Revise Technical Guidance--Revisions to Existing Guidance

   DEP ID: 563-2112-217 BMR PGM: II:02:17 TITLE: Alkaline Addition for Surface Coal Mines BACKGROUND: The present guidance has been in use since 1988. Experience with alkaline addition on coal surface mines to date warrants reevaluating this guidance. Some discussions have occurred with the coal industry over the past year concerning the present guidance and considerations for making modifications. Anticipated Effective Date: May 1, 1997 Anticipated Draft Development Date: March 1, 1997 Proposed Development and Review Process: Drafting of the revisions will occur with the assistance of the District Mining Offices and will involve evaluations of existing sites with alkaline addition. The draft will be reviewed with the PA Coal Association and the PA Mining Professionals and will be available for public input. Contact: Keith Brady at [phone].

   DEP ID: 563-2112-605 BMR PGM: II:06:05 TITLE: Water Supply Replacement and Coal Surface Mine Permitting BACKGROUND: Determining the potential effects of surface coal mining on water supplies is one of the more significant technical evaluations performed during the permit application review process. Amendments to the PA Surface Mining Conservation and Reclamation Act (SMCRA), and case law relating to water supply replacement and several unresolved technical issues necessitate changes to this guidance. Although the SMCRA amendments are self-implementing, companion regulations are needed to codify case law. A separate guidance may be developed to address compliance procedures for water supply replacement. Anticipated Effective Date: December 31, 1997 (based upon anticipated effective date of regulation changes addressing SMCRA amendments and case law) Anticipated Draft Development Date: November 30, 1997 Proposed Development and Review Process: In order to resolve the outstanding technical issues, input will be solicited from, and discussions held with, experts from within and outside the mining program. Drafting of the revisions will occur with the assistance of select staff from the District Mining Offices. The draft will be provided to the District Mining Offices and the Policy Office for review and comment. The draft guidance will be reviewed with the PA Coal Association, the PA Mining Professionals and the public. Contact: Keith Brady at [phone].

   The Bureau of Mining and Reclamation announces in its Regulatory Basics Initiative (RBI) its intention to substantively revise many of its technical guidance documents. DEP has announced the Bureau's intention some of these documents in previous Pennsylvania Bulletins. DEP lists here the remainder of those documents the Bureau intends to substantively revise.

DEP ID	Title	Reason(s)
560-0600-105	Interagency Agreement, Waste Management	a,c,d,e,f,g
560-0600-103	Interagency Agreement, U. S. Dept. of Agriculture	d,h
560-0700-301	Coordination with PHMC	h
563-2000-102	Coal Exploration	h
563-2100-216	Renewal, Permits	h
563-2112-212	Application Review, Land Use Changes	h
563-3900-404	Act 54 Amendments (Inspection at Citizen's Request)	h
562-2112-503	Blasting, Vibration Limits	a,c
562-2402-501	Blasting, Licenses	ha,b,d
562-3400-106	Equipment	h,i
562-3900-402	Citizen's Request, Investigation	h,i
562-3900-403	Citizen's Request, Appeals	h,i
561-2305-102	SOAP, Review Procedures	h
561-2305-201	SOAP, Application Processing, Preassignment	c,d,e,g
561-2305-203	SOAP Application Processing	d,h
561-2305-601*	SOAP Liability and Reimbursement	d,h
561-5300-101*	Insurance Sales Guidance	d,e,i
561-5300-201*	Insurance Claims Guidance	d,e,i

*--Additions to the original list
a--need more consistency with state statutes and regulations
b--guidance is more stringent than Federal requirements
c--need to reduce economic impacts upon regulated community or the agency
d--need for a compliance assistance approach
e--need to stress performance or outcome desired
f--need to eliminate barriers to use of green technology
g--need to promote pollution prevention
h--guidance no longer needed or out-of-date
i--guidance is unclear

Notice of Intent to Remove Technical Guidance from the Inventory--Bureau of Land and Water Conservation

   DEP ID: 394-5500-016 TITLE: PA Coastal Zone Management Grant Administration Instructions (previously titled Coastal Zone Management Administration Booklet) BACKGROUND: These are a set of instructions and can be considered ''Administrative Operating Procedures'' rather than technical guidance. The Bureau will keep this document in the Bureau's binder for such materials. The document's authority derives from the Program's FEIS Document, which will be placed on DEP's Technical Guidance Document Inventory. Contact: Greg Williams at [phone].

   DEP ID: 394-5500-015 TITLE: PA Coastal Zone Management Program Project Application Instructions and Examples (previously titled: Coastal Zone Management Program Application Guidelines) BACKGROUND: These are a set of instructions for filling out application forms. They are not technical guidance although they derive their authority from the Program's FEIS document, which will be placed on the Inventory. Contact: Greg Williams at [phone].

Notice of Intent to Remove Technical Guidance from the Inventory--Bureau of Mining and Reclamation

   Persons having questions about any of the Bureau of Mining and Reclamation technical guidance documents listed in this section, should contact Dottie Shellehamer at [phone].

   DEP ID: 561-2100-250 TITLE: Number System BACKGROUND: This document contains information about a numbering system used by the Bureau internally, but it is not a technical guidance document.

   DEP ID: 561-2100-701 TITLE: Permit Inventory BACKGROUND: This is an inventory list used by the Bureau internally. It is not a technical guidance document.

   DEP ID: 561-2100-702 TITLE: Address Records, Coal BACKGROUND: This is administrative information used by the Bureau internally, but it is not a technical guidance document.

   DEP ID: 561-2100-703 TITLE: Status Codes, LUMIS BACKGROUND: This list of codes for operating the Bureau's LUMIS data base contains administrative operating procedures. It is not a technical guidance document.

   DEP ID: 561-2100-750 TITLE: Mapping BACKGROUND: This document contains useful information for the Bureau, but it is not a technical guidance document.

   DEP ID: 562-4000-803 TITLE: Administration, LUMIS Enforcement BACKGROUND: This document contains administrative operating procedures for using the Bureau's data base LUMIS system. It is not a technical guidance document.

Notice of Intent to Rescind Technical Guidance--Bureau of Mining and Reclamation

   The following documents from the Small Operators Assistance Program (SOAP) are either out-of-date or no longer used.

DEP ID	Title
561-2305-101	Eligibility for Small Operator Assistance Program
561-2305-202	SOAP Application Processing, Work Orders
561-2305-204	SOAP Application Processing, Applicant Notification
561-2305-301	SOAP Grant Requests
561-2305-302	SOAP Grant Closeouts
561-2305-401	SOAP Contracts for Professional Services
561-2305-505	Tracking, SOAP Accounting
561-5500-101	Grant and Loan Applications

   The following documents should also be rescinded because they are out-of-date.

DEP ID	Title
563-2112-606	Technical Review, Vibration Limitations
562-3200-201	Sample Identification Number

   Persons having questions about any of these Bureau of Mining and Reclamation technical guidance documents listed in this section, should contact Dottie Shellehamer at [phone].

JAMES M. SEIF,   
Secretary

[Pa.B. Doc. No. 96-2102. Filed for public inspection December 13, 1996, 9:00 a.m.]