PA Environment Digest

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Regulations, Technical Guidance & Permits

Here are highlights of actions taken by agencies on environmental regulations, technical guidance and permits.

Regulations -----------------------

No new regulations were published this week. Pennsylvania Bulletin - December 14, 2019

Technical Guidance -------------------

DEP Finalizes Policy On Public Participation In Development Of Regulations

The Department of Environmental Protection published notice in the December 14 PA Bulletin a final version of its Policy for the Development and Review of Regulations (DEP ID: 012-0820-001) is now available.

This document explains the process the Department follows to develop regulations necessary to effectively implement Commonwealth and Federal environmental laws for promulgation as appropriate, based on the expertise of Department and other Commonwealth agency staff, Departmental advisory committees, boards and councils, and based on comments received during the public participation process.

The draft document was made available for a 60-day public comment period in October of 2017 and received comments from 11 individuals and organizations.

Clarifying revisions were made in response to the comments received, including adding environmental statutes to the list appearing on the first page of the policy, amending the regulatory review flow chart and the addition of two appendices.

Click Here for a copy of the Comment/Response Document.

Questions regarding this TGD can be directed to Laura Edinger at ledinger@pa.gov or 717-772-3277.

This policy was one of three public participation policies proposed for revisions in October 2017. They included--

-- Policy For The Development And Publication of Technical Guidance (DEP ID: 012-0900-001) was finalized in July 2019; and

-- Advisory Committee Guidelines (DEP ID: 012-1920-002) has not been finalized.

Visit DEP’s Public Participation webpage for more information on advisory committees and boards, submitting comments, regulatory and non-regulatory document agendas.

Final Guidance On Aboveground, Underground Modification, Operator Training, Containment Structures Now Available

The Department of Environmental Protection published notices in the December 14 PA Bulletin of final technical guidance related to aboveground and underground storage tanks--

-- Storage Tank Modification and Maintenance Issues (DEP ID: 263-0900-011). This guidance specifies the classification of various storage tank system modification and maintenance activities and when certified installers/inspectors are required. This TGD was updated to reflect amendments to 25 Pa. Code Chapter 245 (relating to administration of the Storage Tank and Spill Prevention Program) that went into effect on December 22, 2018. No revisions were made to the draft TGD because the Department received no comments during its public comment period. Questions should be directed to Alex Eckman at eeckman@pa.gov or 717-772-5827.

-- Underground Storage Tank Class A and Class B Operator Training Courses (DEP ID: 263-2300-001): This document provides guidance on training required for Class A and Class B operators and Department approval of related training courses and training providers. This TGD was updated to reflect amendments to 25 Pa. Code Chapter 245 that went into effect on December 22, 2018. Two comments were submitted on the draft guidance, but ultimately no revisions were incorporated. [Comment/Response document available.] Questions should be directed to Alex Eckman at eeckman@pa.gov or 717-772-5827.

-- Verification of Emergency Containment Structures for Aboveground Storage Tanks (DEP ID: 263-0900-022): This guidance provides information to assist tank owners and professional engineers when determining the adequacy of emergency containment structures and compliance with the technical regulations for aboveground storage tanks. This TGD was updated to reflect amendments to 25 Pa. Code Chapter 245 that went into effect on December 22, 2018. No revisions were made to the draft TGD because the Department received no comments during its public comment period. Questions should be directed to Alex Eckman at eeckman@pa.gov or 717-772-5827.

For more information on this program, visit DEP’s Storage Tank Programs webpage.

DEP Invites Comments On Proposed Policy On Radiation Protection Compliance & Enforcement

The Department of Environmental Protection published notice in the December 14 PA Bulletin of draft technical guidance for comment on Radiation Protection Compliance & Enforcement (DEP ID: 290-4100-001). Comments are due January 13.

This guidance establishes standard procedures for encouraging compliance with and enforcing the regulations in 25 Pa. Code Part I, Subpart D, Article V (relating to radiological health), which the Bureau of Radiation Protection (Bureau) has the authority to administer.

The Bureau's regulatory responsibilities are authorized by the Radiation Protection Act (35 P.S. §§ 7110.101—7110.703), the Radon Certification Act (63 P.S. §§ 2001—2014) and the Low-Level Radioactive Waste Disposal Act (35 P.S. §§ 7130.101—7130.905).

Comments may be submitted through DEP’s eComment webpage. Questions should be directed to Kristina Hoffman at krihoffman@pa.gov or 717-787-2480.

For more information on this program, visit DEP Radiation Protection webpage.

Permits ------------

The Department of Environmental Protection published notice in the December 14 PA Bulletin of changes to the list of companies certified to perform radon-related activities (PA Bulletin, page 7360).

Note: The Department of Environmental Protection published 61 pages of public notices related to proposed and final permit and approval/ disapproval actions in the December 14 PA Bulletin - pages 7302 to 7363.

Sign Up For DEP’s eNotice: Did you know DEP can send you email notices of permit applications submitted in your community? Notice of new technical guidance documents and regulations? All through its eNotice system. Click Here to sign up.

Related Tools ----------------------

Visit DEP’s Public Participation Center for public participation opportunities.

DEP Proposals Out 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

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