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PA Bulletin, Doc. No. 07-208


Availability of Technical Guidance

[37 Pa.B. 723]
[Saturday, February 10, 2007]

   Technical guidance documents are available on the Department of Environmental Protection's (Department) website at (DEP Keyword: 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 2007.

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: 381-5511-014 Title: Guidance on the Utilization of Disadvantaged Business Enterprise (DBE) Firms for Participation under the Clean Water and Drinking Water State Revolving Fund Loan Programs. Description: This guidance provides Department staff and loan program borrowers specific information on steps to be taken to meet mandated Federal procedures for the solicitation of Minority and Women's Business enterprise firms for participation in the construction of sewage, stormwater and drinking water projects funded under the Clean Water and Drinking Water State Revolving fund loan programs. Substantive revisions were made to the guidance to update Disadvantaged Business Enterprise (DBE) firm source list website addresses, to add several forms to assist construction contractors with DBE firm solicitation efforts and to revise the Department's review checklist. Notice for public comment on the substantive revisions to the guidance was published at 36 Pa.B. 6159 (October 7, 2006). During the 30-day public comment period, the Department did not receive any public comments on the draft technical guidance. No changes have been made to the guidance from its draft form, issued on October 7, 2006.

   Contact: Tony Maisano, Department of Environmental Protection, Bureau of Water Standards and Facility Regulation, Rachel Carson State Office Building, 11th Floor, P. O. Box 8467, Harrisburg, PA 17105-8467; (717) 787-0122; Effective Date: February 10, 2007

Draft Technical Guidance--Substantive Revision

   DEP ID: 562-3000-802. Title: Coal Mining Applicant Violator System (AVS) Compliance Manual. Description: The AVS is a National computer system managed by the Federal Office of Surface Mining Reclamation and Enforcement to track coal mining permit information and permittee ownership and control information for the states where coal is mined. The system also tracks violation information such as outstanding Federal violations, unpaid Federal Civil Penalties and Reclamation Fees, and outstanding State Failure to Abate Cessation Orders and Civil Penalties. Prior to the issuance of a coal mining activities permit, the Department's District Mining Office must conduct a compliance check through the AVS, as well as the Department's mainframe computer system, to ensure that there are no outstanding violations, civil penalties or reclamation fees for that company. In addition, prior to the issuance, renewal or amendment of a surface coal mining license, the Department's Bureau of Mining and Reclamation must conduct a compliance check through the AVS, as well as the Department's mainframe computer system, to ensure there are no outstanding Order, Cessation Orders, Consent Order and Agreements or Decrees, or Bond Forfeiture Declarations. This guidance provides the procedures the Department will use for conducting the compliance checks referenced above. Previously, the guidance pertained only to the issuance of coal mining permits. Substantive revisions were recently made to the guidance to provide provisions that now make the guidance also applicable for conducting compliance checks of surface coal mining operations prior to the issuance of a new mine operator license, a mine operator license renewal, or mine operator license amendment.

   Written Comments: The Department is seeking comments on the substantive revisions to technical guidance #562-3000-802. Interested persons may submit written comments on this draft technical guidance document by March 12, 2007. Comments submitted by facsimile will not be accepted. The Department will accept comments submitted by e-mail. A return name and address must be included in each e-mail transmission. Written comments should be submitted to Bruce Carl, Department of Environmental Protection, Bureau of Mining and Reclamation, P. O. Box 8461, 5th Floor, Rachel Carson State Office Building, Harrisburg, PA 17105-8461,

   Contact: Questions regarding the draft technical guidance document should be directed to Carl at (717) 787-5103, Effective Date: Upon publication of notice as final in the Pennsylvania Bulletin.


[Pa.B. Doc. No. 07-208. Filed for public inspection February 9, 2007, 9:00 a.m.]

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