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PA Bulletin, Doc. No. 09-1469


Availability of Technical Guidance

[39 Pa.B. 4953]
[Saturday, August 15, 2009]

   Technical guidance documents are available on the Department of Environmental Protection's (Department) web site at (DEP Keywords: ''Technical Guidance''). The ''Final Documents'' heading is the link to a menu of the various Department bureaus where each bureau's final technical guidance documents are posted. The ''Draft Technical Guidance'' heading is the link to the Department's draft technical guidance documents.

   The Department will continue to revise its nonregulatory documents, as necessary, throughout 2009.

Ordering Paper Copies of Department Technical Guidance

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

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

Final Technical Guidance

   DEP ID:  012-0200-001. Title:  Policy for Consideration of Local Comprehensive Plans and Zoning Ordinances in Department Review of Permits for Facilities and Infrastructure. Description:  This final policy (August 19, 2009) substantially revises the Policy for Consideration of Local Comprehensive Plans and Zoning Ordinances in the Department's Review of Permits for Facilities and Infrastructure dated March 6, 2004. This final technical guidance document provides direction and guidance to the Department's staff, applicants and local and county governments for the implementation of Acts 67, 68 and 127 in the administration of current Department programs to avoid or minimize conflict with local land use decisions. This guidance addresses how the Department both considers and relies upon comprehensive planning and zoning ordinances in the Department's decision-making process concerning the authorization of facilities and infrastructure. The Department published the draft technical guidance at 39 Pa.B. 6336 November 15, 2008, with a 60-day public comment period. The comment period was extended for additional 45-days on 39 Pa.B. 733 (February 7, 2009) and closed on March 2, 2009. The Department received 37 comments from 14 commentators. These comments were considered and addressed in the Comment and Response document. Substantive changes were made to the final policy which include:

   ''County and Municipal Land Use Letters'' are now requested from the county planning agency and the host municipality and are to be submitted by the applicant with permit applications that are subject to the policy. These permit applications are listed in Appendix A of the policy. The new process is described in detail in Section III of the policy. Additionally, Appendix A of the Policy has been revised to include additional permits under Radiation Protection, to modify permits under Oil and Gas Management, and to clarify permits under Waste Management.

   Substantive changes have also been made to the Department's General Information Form (GIF) as it relates to the submission of land use information from the applicant. These changes are explained in Section III and are demonstrated in Appendix B of the policy. A new GIF will be released to the public on August 19, 2009. This version of the GIF must be used for permit applications submitted to the Department on or after August 19, 2009. Contact: Denise Brinley, Deputy Secretary, Office of Community Revitalization and Local Government Support, 16th Floor, Rachel Carson State Office Building, P. O. Box 2063, Harrisburg, PA 17105-2063. Effective Date:  This technical guidance document will be effective on August 19, 2009.


[Pa.B. Doc. No. 09-1469. Filed for public inspection August 14, 2009, 9:00 a.m.]

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