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COMMONWEALTH OF PENNSYLVANIA

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PA Bulletin, Doc. No. 17-1696

NOTICES

Availability of Technical Guidance

[47 Pa.B. 6443]
[Saturday, October 14, 2017]

 Technical guidance documents (TGD) are available on the Department of Environmental Protection's (Department) web site at http://www.elibrary.dep.state.pa.us/dsweb/HomePage. The ''Technical Guidance Final Documents'' heading is the link to a menu of the various Department bureaus where each bureau's final TGDs are posted. The ''Technical Guidance Draft Documents'' heading is the link to the Department's draft TGDs.

Ordering Paper Copies of Department Technical Guidance

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

 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.

Draft Technical Guidance—Substantive Revision

DEP ID: 012-0900-001. Title: Policy for the Development and Publication of Technical Guidance. Description: This policy explains to the public and the regulated community the Department's process for developing TGDs. The purpose of this policy is to outline the Department's key considerations for the development of TGDs, tools available to enhance transparency in the TGD process, public comment periods, and the maintenance and distribution processes of TGDs. This draft TGD was significantly simplified from the previous version by removing internal direction and procedures for the Department's staff. The interim-final version published at 45 Pa.B. 2675 (May 30, 2015) is withdrawn with this notice.

Written Comments: Interested persons may submit written comments on this draft TGD by Wednesday, December 13, 2017. Comments submitted by facsimile will not be accepted. All comments must include the commentator's name and address. Commentators are encouraged to submit comments using the Department's eComment system at www.ahs.dep.pa.gov/eComment or by e-mail to ecomment@pa.gov. Written comments should be submitted to the Policy Office, Department of Environmental Protection, 400 Market Street, Harrisburg, PA 17101.

Contact: Questions regarding this action should be directed to Abbey Cadden at (717) 705-3769 or acadden@pa.gov.

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

Draft Technical Guidance—Substantive Revision

DEP ID: 012-0820-001. Title: Policy for the Development and Review of Regulations. Description: This policy explains the process the Department will follow to develop regulations necessary to effectively implement Commonwealth and Federal environmental laws for promulgation as appropriate, based on the expertise of the Department and other Commonwealth agency staff, Departmental advisory committees, boards and councils, and based on comments received during the public participation process. Several updates to this policy were necessary to ensure that it remains relevant to current practice. Also, updates were required to explain how amendments to the Regulatory Review Act (71 P.S. §§ 745.1—745.14) in 2012 impact how the Department carries out its regulatory review and development process.

Written Comments: Interested persons may submit written comments on this draft TGD by Wednesday, December 13, 2017. Comments submitted by facsimile will not be accepted. All comments must include the commentator's name and address. Commentators are encouraged to submit comments using the Department's eComment system at www.ahs.dep.pa.gov/eComment or by e-mail to ecomment@pa.gov. Written comments should be submitted to the Policy Office, Department of Environmental Protection, 400 Market Street, Harrisburg, PA 17101.

Contact: Questions regarding this action should be directed to Laura Edinger at (717) 772-3277 or ledinger@pa.gov.

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

Draft Technical Guidance—Substantive Revision

DEP ID: 012-1920-002. Title: Advisory Committee Guidelines. Description:  These guidelines establish the role and function of the Department's advisory committees. New language was incorporated into the guidelines to clarify common areas of confusion for advisory committee members. These revisions are intended to clarify the roles of the Department, advisory committee members and the public when planning and holding advisory committee meetings.

Written Comments: Interested persons may submit written comments on this draft TGD by Wednesday, December 13, 2017. Comments submitted by facsimile will not be accepted. All comments must include the commentator's name and address. Commentators are encouraged to submit comments using the Department's eComment system at www.ahs.dep.pa.gov/eComment or by e-mail to ecomment@pa.gov. Written comments should be submitted to the Policy Office, Department of Environmental Protection, 400 Market Street, Harrisburg, PA 17101.

Contact: Questions regarding this action should be directed to Hayley Jeffords at (717) 772-3525 or hjeffords@pa.gov.

Final TGD—Substantive Revision

DEP ID: 563-2000-001. Title: Government-Financed Construction Contracts. Description: This guidance defines the procedures for authorizing incidental and necessary coal extraction, coal refuse removal and use of excess spoil from an active mine for reclaiming abandoned mine lands under a government-financed construction contract. The substantive revisions made to the guidance include the following: expansion of the methodology for evaluating project eligibility to reflect the requirements in the Surface Mining Conservation and Reclamation Act (52 P.S. §§ 1396.1—1396.19b); clarification of the application processing procedures and contract enforcement; and the removal of Appendices B and H, which have been replaced by Departmental forms. Notice for availability of the proposed guidance was published at 46 Pa.B. 3030 (June 11, 2016), with a 30-day public comment period. The Department made further revisions in response to the comments received during the public comment period.

Contact: Chris Yeakle at (814) 797-1191 or cyeakle@pa.gov.

Effective Date: Saturday, October 14, 2017.

PATRICK McDONNELL, 
Secretary

[Pa.B. Doc. No. 17-1696. Filed for public inspection October 13, 2017, 9:00 a.m.]



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