The Governor’s Office published an updated Regulatory Agenda in the February 4 PA Bulletin (page 740) listing regulations expected to be considered by state agencies over the next year or so.

No new regulations were published this week.  Pennsylvania Bulletin - February 4, 2017 

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Check the PA Environmental Council Bill Tracker for the status and updates on pending state legislation and regulations that affect environmental and conservation efforts in Pennsylvania.

DEP Regulations In Process

Proposed Regulations Open For Comment - DEP webpage

Submit Comments on Proposals Through DEP’s eComment System

Proposed Regulations With Closed Comment Periods - DEP webpage

Recently Finalized Regulations - DEP webpage

DEP Regulatory Update - DEP webpage

February 2017 DEP Regulatory Agenda - PA Bulletin, Page 740

Technical Guidance & Permits

Note: DEP published 53 pages of public notices related to proposed and final permit and approval/disapproval actions in the February 4 PA Bulletin - pages 675 to 728.

The Department of Environmental Protection is inviting comments on proposed permits related to the regulation of methane from oil and gas operations.  (formal notice)

The proposed elements include--

-- Proposed General Plan Approval and General Operating permit No. 5A for Unconventional Gas Well Site Operations and Remote Pigging Stations;

-- Proposed Modifications To General Plan Approval and General Operating permit No. 5 for Natural Gas Compressor Stations, Processing Plants and Transmission Stations; and

-- Proposed Modifications To The Air Quality Permit Exemption List.

Copies of the proposed documents are available on DEP’s eComment System webpage.

Interested persons may submit written comments on the Draft General Permits and Air Quality Permit Exemption List by March 22.

Comments submitted by facsimile will not be accepted. Comments, including comments submitted by email, must include the originator's name and address. Commentators are encouraged to review the proposed General Permits and Air Quality Permit Exemption List and submit comments using the Department's online eComment System webpage or by email to ecomment@pa.gov. 

Written comments should be submitted to the Policy Office, Department of Environmental Protection, Rachel Carson State Office Building, P.O. Box 2063, Harrisburg, PA 17105-2063.

DEP published notice in the February 4 PA Bulletin accepting comments on the proposed base year inventory for the Delaware County nonattainment area and a hearing on March 8.

DEP published notice in the February 4 PA Bulletin of proposed changes to the technical guidance clarifying closure requirements for aboveground and underground storage tanks and for Cryptosporidia, E.coli and turbidity laboratory reporting requirements for public water systems.  Comments are due March 6.

DEP published notice in the February 4 PA Bulletin of final technical guidance on wetland condition Level 2, riverine condition level 2 and lacustrine condition level 2 rapid assessments.

DEP published notice of federal Coastal Zone Management Act consistency determinations for U.S. Army Corps of Engineers nationwide permit issuance and reissuance and for maintenance dredging at the Philadelphia Shipyard.

Further details on proposed changes to DEP tank and laboratory guidance--

-- DEP ID: 263-4200-001. Title: Closure Requirements for Aboveground Storage Tank Systems. Description: The purpose of this guidance is to establish minimum standards that must be met to comply with the closure requirements for regulated large aboveground storage tank systems. These procedures include closure notification, tank handling, waste management and disposal, site assessment, sampling requirements, analytical requirements, release reporting and recordkeeping.

This technical guidance document is being revised to remove all appendices from the document. In addition, throughout the document, associated regulatory citations have been updated pertaining to the Bureau of Waste Management regulations and the Department of Labor and Industry.

Existing language has been expanded to aid in clarity and outdated terminology has been deleted. Document sections have been reorganized and additional information is included that would be relevant to the storage tank owner during storage tank closure activities.

Written Comments: Interested persons may submit written comments on this draft technical guidance document by March 6, 2017. Comments submitted by facsimile will not be accepted. Comments, including comments submitted by e-mail must include the originator's name and address.

Commentators are encouraged to submit comments using the Department's online eComment System webpage or by e-mail to ecomment@pa.gov.. Written comments should be submitted to the Technical Guidance Coordinator, Department of Environmental Protection, Policy Office, Rachel Carson State Office Building, P.O. Box 2063, Harrisburg, PA 17105-2063.

Contact: Questions regarding this technical guidance document should be directed to Alex Eckman at 717-772-5827 or send email to: eeckman@pa.gov.

-- DEP ID: 263-4500-601. Title: Closure Requirements for Underground Storage Tank Systems. Description: The purpose of this guidance is to establish minimum standards that must be met to comply with the closure requirements for regulated underground storage tank systems. These procedures include closure notification, tank handling, waste management and disposal, site assessment, sampling requirements, analytical requirements, release reporting and recordkeeping.

This technical guidance document is being revised to remove all appendices from the document. In addition, throughout the document, associated regulatory citations have been updated pertaining to the Bureau of Waste Management regulations and the Department of Labor and Industry.

Existing language has been expanded to aid in clarity and outdated terminology has been deleted. Document sections have been reorganized and additional information is included that would be relevant to the storage tank owner during storage tank closure activities.

Written Comments: Interested persons may submit written comments on this draft technical guidance document by March 6, 2017. Comments submitted by facsimile will not be accepted. Comments, including comments submitted by e-mail must include the originator's name and address.

Commentators are encouraged to submit comments using the Department's online eComment System webpage or by e-mail to ecomment@pa.gov. Written comments should be submitted to the Technical Guidance Coordinator, Department of Environmental Protection, Policy Office, Rachel Carson State Office Building, P.O. Box 2063, Harrisburg, PA 17105-2063.

Contact: Questions regarding this technical guidance document should be directed to Alex Eckman at 717-772-5827 or send email to: eeckman@pa.gov.

-- DEP ID: 390-3301-001. Title: Cryptosporidia, E.coli and Turbidity LT2ESWTR Laboratory Reporting Instructions for Public Water Systems Using Surface Water or Groundwater Under the Direct Influence of Surface Water (GUDI) Sources. Description: The guidance is necessary because: (1) The Long-term 2 Enhanced Surface Water Treatment Rule (LT2ESWTR) introduces source water quality monitoring and additional treatment requirements for higher risk water systems, to enhance public health protection against pathogenic microbial contaminants, especially Cryptosporidia.

For the LT2ESWTR, public water systems that use surface water or GUDI sources must monitor their sources to determine treatment requirements. Some aspects of the LT2ESWTR are of concern to laboratories.

The new technical guidance manual Cryptosporidia, E.coli and Turbidity LT2ESWTR Laboratory Reporting Instructions for Public Water Systems Using Surface Water or GUDI Sources provides uniform and detailed instructions for the reporting of drinking water monitoring results to the Department; and (2) Laboratories and public water systems must now report data electronically, according to 25 Pa. Code § 109.810 (relating to reporting and notification requirements).

The new technical guidance also provides instructions for submitting Cryptosporidia in source water results into the Drinking Water Electronic Lab Reporting application by a new CRYPTOSPORIDIUM OOCYSTS form for reporting. In addition, the technical guidance introduces source water reporting of E.coli by enumeration.

Written Comments: Interested persons may submit written comments on this draft technical guidance document by March 6, 2017. Comments submitted by facsimile will not be accepted. Comments, including comments submitted by e-mail must include the originator's name and address.

Commentators are encouraged to submit comments using the Department's online eComment System webpage or by e-mail to ecomment@pa.gov.  Written comments should be submitted to the Technical Guidance Coordinator, Department of Environmental Protection, Policy Office, Rachel Carson State Office Building, P.O. Box 2063, Harrisburg, PA 17105-2063.

Contact: Questions regarding this technical guidance document should be directed to Pauline Risser at 717-772-5970 or send email to: parisser@pa.gov.

Further details on final DEP rapid assessment protocol guidance--

-- DEP ID: 310-2137-002. Title: Pennsylvania Wetland Condition Level 2 Rapid Assessment Protocol. Description: This guidance provides standard guidelines for evaluating the condition of palustrine wetland aquatic resources for the purposes of meeting regulatory requirements in 25 Pa. Code Chapter 105 (relating to dam safety and waterway management). The guidance outlines how to conduct assessments, the factors to consider when doing so and establishes a scoring system based upon condition categories.

This technical guidance document was revised as result of the comments received from publication of the proposed Pennsylvania Wetland Level 2 Rapid Assessment Protocol at 44 Pa.B. 1396 (March 8, 2014) and 44 Pa.B. 2705 (May 3, 2014), Department regional staff workshops, the Water Resources Advisory Committee, and State and Federal agency meetings.

During the comment period, comments were received from 17 different organizations. The comment and response document accompanies the final technical guidance document and is available for public viewing on the Department's eComment System webpage.

The updates include: inserting sections to provide additional background information on the guidance and the conditions for general use of the guidance; the removal of the qualitative condition user rating, photograph sections and a section regarding hydrogeomorphic classification of wetlands; and the addition of bibliographic resources.

The Department will provide updated application forms, instructions and training through webinars and regional settings prior to the effective date of the technical guidance.

Contact: Questions regarding this technical guidance document should be directed to David Goerman at 717-772-5971 or send email to: dgoerman@pa.gov.

-- DEP ID: 310-2137-003. Title: Pennsylvania Riverine Condition Level 2 Rapid Assessment Protocol. Description: This guidance provides standard guidelines for evaluating the condition of riverine aquatic resources for the purposes of meeting regulatory requirements in 25 Pa. Code Chapter 105.

The guidance outlines how to conduct assessments, the factors to consider when doing so and establishes a scoring system based upon condition categories.

This technical guidance document was revised as result of the comments received from publication of the proposed Pennsylvania Riverine Level 2 Rapid Assessment Protocol at 44 Pa.B. 1396 and 44 Pa.B. 2705, Department regional staff workshops, the Water Resources Advisory Committee, and State and Federal agency meetings.

During the comment period, comments were received from 17 different organizations. The comment and response document accompanies the final technical guidance document and is available for public viewing on the Department's eComment System webpage.

The updates include: inserting sections to provide additional background information on the guidance and the conditions for general use of the guidance; the removal of the qualitative condition user rating and photograph sections; and the addition of bibliographic resources.

The Department will provide updated application forms, instructions and training through webinars and regional settings prior to the effective date of the technical guidance.

Contact: Questions regarding this technical guidance document should be directed to David Goerman at 717-772-5971 or send email to: dgoerman@pa.gov.

-- DEP ID: 310-2137-004. Title: Pennsylvania Lacustrine Condition Level 2 Rapid Assessment Protocol. Description: The purpose of this guidance is to provide standard guidelines for evaluating the condition of lacustrine aquatic resources for the purposes of meeting regulatory requirements in 25 Pa. Code Chapter 105.

The guidance outlines how to conduct assessments of lacustrine aquatic resources, the factors to consider when doing so and establishes a scoring system based upon condition categories.

This technical guidance document was revised as result of the comments received from publication of the proposed Pennsylvania Lacustrine Level 2 Rapid Assessment Protocol at 44 Pa.B. 1396 and 44 Pa.B. 2705, Department regional staff workshops, the Water Resources Advisory Committee, and State and Federal agency meetings.

During the comment period, comments were received from 17 different organizations. The comment and response document accompanies the final technical guidance document and is available for public viewing on the Department's eComment System webpage.

The updates include: inserting sections to provide additional background information on the guidance and the conditions for general use of the guidance; the removal of the qualitative condition user rating and photograph sections; and the addition of bibliographic resources.

The Department will provide updated application forms, instructions and training through webinars and regional settings prior to the effective date of the technical guidance.

Contact: Questions regarding this technical guidance document should be directed to David Goerman at 717-772-5971 or send email to: dgoerman@pa.gov.

All these documents will be available on DEP’s  eComment System webpage.

DEP Technical Guidance In Process

Draft Technical Guidance Documents - DEP webpage

Technical Guidance Comment Deadlines - DEP webpage

Submit Comments on Proposals Through DEP’s eComment System

Recently Closed Comment Periods For Technical Guidance - DEP webpage

Technical Guidance Recently Finalized - DEP webpage

Copies of Final Technical Guidance - DEP webpage

DEP Non-Regulatory/Technical Guidance Documents Agenda (Feb. 2017) - DEP webpage

Other DEP Proposals For Public Review

Other Proposals Open For Public Comment - DEP webpage

Submit Comments on Proposals Through DEP’s eComment System

Recently Closed Comment Periods For Other Proposals - DEP webpage

Other Proposals Recently Finalized - DEP webpage

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2/6/2017