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PA Bulletin, Doc. No. 10-2052


Availability of Technical Guidance

[40 Pa.B. 6335]
[Saturday, October 30, 2010]

 Technical guidance documents are available on the Department of Environmental Protection's (Department) web site at (DEP Keywords: ''eLibrary''). The ''Technical Guidance 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 ''Technical Guidance Draft Documents'' heading is the link to the Department's draft technical guidance documents.

 The Department will continue to revise its nonregulatory documents, as necessary, throughout 2010.

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—Substantive Revision

 DEP ID: 562-2000-705. Title: Mining Contract Operator Approval. Description: This Technical Guidance Document addresses contract operator approvals for coal and industrial mineral mining permits, describing the methods to be utilized by the Bureau of Mining and Reclamation for evaluating and tracking contract operators. The mining acts require that applicants and their related parties (including contractors) be in compliance with the acts, rules, regulations, permits or licenses of the Department in order to be eligible to receive permit or license approvals. Contact: Questions regarding this technical guidance document should be directed to Bruce A. Carl at (717) 787-5015 or

 Effective Date: Upon publication of notice as final in the Pennsylvania Bulletin.

Draft Technical Guidance—Substantive Revision

 DEP ID: 273-4130-003. Title: Guidance for Application of Regional Civil Assessment Procedure. Description: The Department proposes to revise its Guidance for Application of Regional Civil Assessment Procedure, Technical Guidance Document Number 273-4130-003, which was developed in 1992 and revised in 2002, to establish uniform criteria for assessing monetary penalties for violations of requirements of the Federal Clean Air Act, Pennsylvania Air Pollution Control Act (APCA) and rules and regulations adopted under the acts. The technical guidance document provides a methodology for determining appropriate civil penalties to resolve violations in accordance with Section 9.1 of the APCA. The proposed revisions include provisions for violations of applicable requirements including permit or plan approval conditions, specific pollutant emission limitations, requirements for surface coating processes, visible emissions, fugitive emissions, malodor and open burning violations. The document is also being revised to address new and revised regulations that are not adequately addressed by the current guidance, including regulations for Small Source Oxides of Nitrogen (NOx), Title V Permitting and Consumer Products. In addition, specific steps of the existing penalty calculation methodology that considers factors of a violation more than once are being corrected. In addition to clarifying revisions, the proposed changes to the document include an inflation adjustment procedure, changes to the penalty adjustment factors, and additional provisions to address the financial benefit to a person in consequence of a violation, as required under Section 9.1 of the APCA.

 Copies of this document are available on the Department's Bureau of Air Quality web site at http://www.dep.

 Written Comments: Interested persons may submit written comments on this proposed technical guidance document by November 29, 2010. The Department will accept comments submitted by e-mail, but comments submitted by facsimile will not be accepted. A return name and address must be included in each e-mail transmission. Written comments should be submitted to Scott Kepner, Chief, Compliance Assurance and Monitoring Section, Department of Environmental Protection, Bureau of Air Quality, P. O. Box 8468, Harrisburg, PA 17105-8468 or

 Effective Date: Upon publication of notice as final in the Pennsylvania Bulletin.


[Pa.B. Doc. No. 10-2052. Filed for public inspection October 29, 2010, 9:00 a.m.]

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