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PA Bulletin, Doc. No. 07-249


Coastal Resources Management Program; Approval of Routine Program Changes

[37 Pa.B. 849]
[Saturday, February 17, 2007]

   At 36 Pa.B. 6599 (October 28, 2006), the Department of Environmental Protection (Department), as required by 15 CFR 923.84(b)(2) (relating to routine program changes), published notice that it was proposing several program changes to it's Coastal Resources Management (CRM) Program and requested public comments be submitted to the National Oceanic and Atmospheric Administration's Office of Ocean and Coastal Resource Management (OCRM) on whether the changes constitute a Routine Program Change (RPC). An RPC is defined in Federal regulations (15 CFR 923.84) as, ''Further detailing of a state's program that is the result of implementing provisions approved as part of the state's approval management program that does not result in (an amendment).'' Essentially, RPCs are clarifications, minor revisions or improvements that do not substantially alter one or more of the following Coastal Zone Program areas: Uses Subject to Management; Special Management Areas; Boundaries; Authorities and Organization; and Coordination, Public Involvement and the National Interest. The Department determined that the program changes constituted RPCs in accordance with 15 CFR 923 (relating to coastal zone management program regulations) and requested OCRM concur with it's determination. During the 3 week comment period, OCRM received public comments on the Department's proposal, which it responded to directly.

   By letter dated January 9, 2007, OCRM informed the Department that it concurred with its determination and that it approved of the incorporation of the RPCs as enforceable policies and other enforceable elements of the CRM Program. Under 15 CFR Part 923.84(b)(4), the Department must provide notice of OCRM's determination in order to fulfill Federal Consistency requirements of the Federal Coastal Zone Management Act of 1972. This notice satisfies this Federal requirement. As of the date of this public notice, Federal consistency requirements apply to the approved RPCs listed as follows:

   *  Amendments to state regulations currently incorporated into the CRM Program's enforceable policies.

   *  The addition of interstate consistency.

   *  A boundary expansion in the Delaware Estuary Coastal Zone.

   *  Renaming and relocation of the CRM Program.

   *  Removal of Inventory of Geographical Areas of Particular Concern.

   *  A rewrite of CRM's Federal consistency procedures necessitated by the reauthorization of and amendments to the Federal Coastal Zone Management Act.

   Detailed information on the specific changes to the CRM's enforceable policies, including a document titled ''RPC XII Proposed Routine Program Changes to Pennsylvania's Coastal Zone Management Program (RPC XII)'' is available on the Department's website at www.dep.state. (select ''Program Reference Documents,'' then ''RPC XII Approved by OCRM,'' or ''RPC XII Routine Program Changes,'' respectively).


[Pa.B. Doc. No. 07-249. Filed for public inspection February 16, 2007, 9:00 a.m.]

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