Pennsylvania Code & Bulletin

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. 6342 (October 1, 2022).

25 Pa. Code § 3.26. Submission and acknowledgment of public comments.

§ 3.26. Submission and acknowledgment of public comments.

 (a)  Submission of public comment.

   (1)  A person may submit written comments regarding the Department’s response during the period for public comment.

   (2)  A written comment shall be deemed to have been submitted if it is postmarked or received by the Department on or before the last day of the public comment period.

   (3)  Written comments may not be limited in scope and may include studies, analyses, Department records or other documents deemed relevant by the person submitting the written comment.

   (4)  A person submitting a written comment which contains confidential business information under section 503(h) of the Hazardous Sites Cleanup Act (35 P. S. §  6020.503(h)) may request that the Department maintain the comment as confidential. The person shall provide a written summary of the comment to the Department for approval which shall disclose the general nature of the confidential information and its relevance to the response for the site. Upon approval of the request for confidentiality and approval of the content of the summary, the Department will designate the comment as confidential and will enter only the written summary into the administrative record.

 (b)  Acknowledgment of receipt of comments.

   (1)  The Department will record receipt of all comments submitted during the comment period in the administrative record docket and will acknowledge receipt of written comments submitted during the comment period if the name and address of the person submitting the comment is provided.

   (2)  The name, address and affiliation of the person submitting comments, if provided, shall be incorporated into the administrative record docket.

   (3)  A copy of the comments will be incorporated into the administrative record, except as provided in subsection (a)(4).

   (4)  It is the responsibility of the person submitting written comments to verify that the comments have been noted in the docket and to notify the Department before the close of the comment period if the comments have not been noted.

Cross References

   This section cited in 25 Pa. Code §  3.12 (relating to content).

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