1467 Availability of technical guidance

Availability of Technical Guidance

[31 Pa.B. 4493]

   Technical guidance documents are on DEP's website (www.dep.state.pa.us) at the public participation center. The ''July 2001 Inventory'' heading is the Governor's list of nonregulatory guidance documents. The ''Final Documents'' heading is the link to a menu of the various DEP bureaus and from there to each bureau's final technical guidance documents. The ''Draft Technical Guidance'' heading is the link to DEP's draft technical guidance documents.

   DEP will continue to revise its nonregulatory documents, as necessary, throughout 2001.

Ordering Paper Copies of DEP Technical Guidance

   DEP encourages the use of the Internet to view guidance documents. When this option is not available, persons can order a bound paper copy of the latest inventory or an unbound paper copy of any of the final documents listed on the inventory by calling DEP at [phone].

   In addition, bound copies of some of DEP's documents are available as DEP 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 any questions or comments about a particular document should call the contact person whose name and phone number is listed with each document. Persons who have questions or comments in general should call Joe Sieber at [phone].

Notice to Rescind Technical Guidance

   DEP ID:  254-2153-748 Title: Use of Whole Tires and Tire-Derived Material (TDM) in the Construction of Municipal Waste Landfills Description: This policy became effective on June 22, 1992. The technical guidance document provided guidance to the public on the use of whole waste tires and tire-derived material (TDM) in the construction of municipal waste landfills. In 1996, the Waste Tire Recycling Act (Act 190) was passed and signed into law. Many of the provisions included in the TDM guidance are addressed and cited in Act 190, and the Commonwealth's Municipal Waste Regulations, recently amended and promulgated on December 23, 2001, covering the issues originally spelled out in the TDM guidance. Due to duplication of provisions which exist by regulation and law, this document provides no additional information or guidance to the public and will be rescinded.

   Effective Date:  August 11, 2001 Contact:  Tom Woy at [phone] or [e-mail].

Notice to Rescind Technical Guidance

   DEP ID:  258-2100-747 Title:  Municipal-Like Residual    Waste
   DEP ID:  258-2000-766 Title:  Municipal Waste-Like    Permitting Guidance (Form S)

   Description:  Prior to sending waste for disposal or processing, generators of residual waste in this Commonwealth are required to submit Form U to the Department. Information submitted on Form U must include detailed data on the physical and chemical properties and waste characteristics of the generator's nonhazardous waste streams. However, manufacturers and other industry often produce waste that has the same physical and chemical characteristics as residential municipal waste. Examples of waste can include paper waste, lunchroom waste, wood trimmings and fabric trimmings. In order to streamline and make the disposal or processing of this type of waste easier, in 1992 the term ''municipal-like residual waste'' was incorporated and used in Departmental permit forms.

   ''Municipal-like Residual Waste'' is a type of waste that requires less stringent chemical testing in order to be processed or disposed. In order to develop a documentation process for requests to dispose of ''municipal-like residual waste,'' the Department developed a new form, Form S. In addition to this form, the Department also developed two policies (Policy Number 258-2100-747 and Policy Number 258-2000-766). These policies, which became effective in 1992 and 1993 respectively, provide guidance to the Department's regional staff on ''municipal-like residual waste.'' Policy number 258-2100-747 provides guidance to staff when they are evaluating requests to dispose of residual waste that exhibits the same characteristics as municipal waste. Policy number 258-2000-766 provides guidance in the permitting process relative to residual waste which is municipal-like.

   In 1996-1997, under the Regulatory Basics Initiative, the term ''municipal-like residual waste'' was proposed to be incorporated into the Commonwealth's municipal and residual waste regulations. As a result of this proposal, the public became confused about the term and its meaning. Regulatory commentators expressed that the addition of the term did not add any clarity. Furthermore, the commentators also stated that the term was not used consistently and, as a result, created a fourth waste class.

   As a result of the comments received regarding the addition of the proposed term, the Environmental Quality Board deleted the term ''municipal-like residual waste'' from the Commonwealth's final municipal and residual waste regulations. The final-form regulations continue to allow the Department to waive the detailed chemical analysis required for the disposal of residual waste if certain performance standards are met under § 287.134 (relating to waste analysis plan). Given these regulatory changes, which became effective on December 23, 2000, for the municipal waste regulations and on January 13, 2001, for the residual waste regulations, Policy Number 258-2100-747 and Policy Number 258-2000-766 are no longer needed and do not provide accurate information to the public, and will be rescinded.

   Effective Date:  August 11, 2001 Contact: William Pounds at [phone] or [e-mail]

DAVID E. HESS,   
Secretary

[Pa.B. Doc. No. 01-1467. Filed for public inspection August 10, 2001, 9:00 a.m.]