Department of Environmental Protection Non-Regulatory Agenda

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1 Department of Environmental Protection Non-Regulatory Agenda 0120-RE-DEP4509 7/

2 (s) Policy for Development and Publication of Guidance Outlines the key considerations used by DEP for the development of TGDs. This policy also provides direction to the public and regulated community regarding the submission and review of comments of TGDs. Policy/ All Abbey Cadden Policy Office (717) Policy for Development, Approval, and Availability of Regulations Establishes the criteria and a uniform process for the development, approval and dissemination of proposed and final regulations under statutes administered by DEP. Policy/ All Laura Edinger Policy Office (717) ledinger@pa.gov Policy on Public Participation in the Development of Regulations and Guidance Ensures all guidance documents and regulations are developed with inclusive and effective participation by the public throughout the development process. Policy/ All Laura Edinger Policy Office (717) ledinger@pa.gov Guidelines Provides guidelines for advisory committees to follow to continue to provide valuable input for DEP s regulations and policies. The policy includes guidelines for items such as bylaws, membership, expenses and meeting notices. Policy/ All Hayley Jeffords Policy Office (717) hjeffords@pa.gov 1

3 (s) Processing Completion Reports To provide guidelines for processing completion reports on coal mining sites. Board Bill Allen (717) Bonding Direct- Submittal of Bonds To specify the process that must take place for operators to accomplish direct submittal of bond to the Bonding Section Board; Aggregate Board Final Bill Allen (717) Surface Water Protection Underground Bituminous Coal Mining Operations This provides direction to staff in the Department who review underground mining applications, respond to reports of alleged impacts, or conduct regular evaluations of the surface waters and land located above underground mines. It also provides guidance to the regulated community regarding how to comply with existing legal requirements. Not applicablewill report progress to the CAC Quarter 1 Sharon Hill (717) shill@pa.gov Blaster s License Suspension and Revocation Procedure Describes the procedure for the suspension, modification or revocation of a blaster s license and related compliance and/or penalty assessment actions. Final Rick Lamkie (814) rlamkie@pa.gov 2

4 (s) Coal and Noncoal Surface Mining Activity Permit Pre- Application Review This document describes a formal, voluntary pre-application process to facilitate discussion between a mine operator and the Department concerning major items which will need to be addressed in the formal permit application. Board; Aggregate Board Sharon Hill (717) shill@pa.gov Engineering Manual for Mining Operations The manual provides direction for sections of mining permit applications which involve engineering, including erosion and sedimentation control, water treatment, haul roads, stream encroachments, culverts, wetlands and areas where mining is restricted. The manual describes acceptable designs and when variations are possible. Board Greg Shuler (717) gshuler@pa.gov Civil Penalty Assessments The guidance establishes procedures to assure consistency in civil penalty calculations for violations related to mining operations. Board Bill Allen (717) wallen@pa.gov 3

5 (s) Determining Eligibility of Pre-existing Pollutional Discharges Provides incentives for surface coal mine operators to remine lands previously impacted by mining activities having pre-existing pollutional discharges. Describes the demonstration to be made that the abatement or reduction of pollution loading can occur as the result of the proposed mining and reclamation activities. This TGD will be rescinded because its content will be combined with the TGD Permitting Pre-existing Pollutional Discharges ( ). Rescission Board Rescinded Greg Greenfield (717) Permitting Preexisting Pollutional Discharges Establishes the required treatment level for pre-existing pollutional discharges authorization under 25 Pa. Code, Chapter 87, Subchapter F or Chapter 88, Subchapter G determined through the application of best professional judgment (BPJ). The content from two TGDs, Determining Eligibility of Pre-existing Pollutional Discharges ( ) and Monitoring Compliance and Bond Release for Subchapter F or G Permits ( ) Board Publish Greg Greenfield (717) ggreenfie@pa.gov 4

6 (s) Monitoring, Compliance and Bond Release for Subchapter F or G Permits Describes the monitoring of remining operations for determining compliance with the Subchapter F or G requirements. This TGD will be rescinded because its content will be combined with the TGD Permitting Pre-existing Pollutional Discharges ( ). Rescission Board Rescinded Greg Greenfield (717) ggreenfie@pa.gov Alkaline Addition for Surface Coal Mines Defines the situations in which the Department will consider the use of alkaline addition and provides guidance on calculation of application rates and placement of alkaline material. Board Publish Greg Greenfield (717) ggreenfie@pa.gov Beneficial Use of Sewage Sludge at Active Mine Sites Clarifies the nature and scope of the Mining Program s review of proposals for beneficial use of sewage sludge/biosolids for reclamation of active mines and adjacent abandoned mines. Board Publish Michael Plazek (717) mplazek@pa.gov Civil Penalty Assessment Informal Hearing Procedure for the Office of Oil and Gas Describes the procedure to be used for holding an informal hearing as it relates to civil penalty assessments for violations of the 2012 Oil and Gas Act, or a regulation, order or permit issued by the Department under the 2012 Oil and Gas Act. Policy/New Final Kurt Klapkowski (717) kklapkowsk@pa.gov 5

7 (s) Civil Penalty Assessments in the Oil and Gas Program Provides a procedural guidance for DEP Oil and Gas staff for assessing and calculating appropriate civil penalty amounts to seek in settlements, or to assess in penalty actions for violations, and to provide advisory information to the regulated industry. Policy/ Kurt Klapkowski (717) kklapkowsk@pa.gov Public Resources Impact Screening Provides guidance to oil and gas well operators on how to conduct public resource impact screening in accordance with sections and 78a.15. It also provides guidance to Department permit review staff on how to assess harmful impacts on identified public resources and appropriate permit conditions. New Oil & Gas Board, PA Grade Crude Development Council Quarter 1 Kurt Klapkowski (717) kklapkowsk@pa.gov Best Practices for Noise Control at Unconventional Well Sites Provides information to operators of unconventional wells on best management practices for minimizing noise impacts from gas operations. New Oil & Gas Board Quarter 2 Kurt Klapkowski (717) kklapkowsk@pa.gov Pressure Barrier Guidance for Unconventional Operations Will serve as a reference for DEP Oil and Gas Inspectors and the unconventional industry when there is a need to employ well control equipment, indicating what pressure control measures are appropriate. New Oil & Gas Board Seth Pelepko (717) mipelepko@pa.gov 6

8 (s) Pressure Barrier Guidance for Conventional Operations Will serve as a reference for DEP Oil and Gas Inspectors and the conventional industry when there is a need to employ well control equipment, indicating what pressure control measures are appropriate. New Pennsylvania Crude Development Council Seth Pelepko (717) mipelepko@pa.gov Induced Seismicity/Area of Alternative Methods Will serve as a reference for actions that should be taken during deep well disposal operations and hydraulic fracturing in areas of the oil and gas region. Policy/New Oil & Gas Board Seth Pelepko (717) mipelepko@pa.gov Guidelines for Implementing Area of Review (AOR) Regulatory Requirement for Unconventional Wells This policy is developed to facilitate appropriate risk mitigation for unconventional well operators and includes a risk-based classification scheme for offset well locations and commensurate levels of monitoring; sections addressing communication incident management, reporting, and resolution; and operational alternatives and technical considerations for different anticipated scenarios. This policy also provides an outline of DEP s well adoption permitting process. New Oil and Gas Board Final Seth Pelepko (717) mipelepko@pa.gov 7

9 (s) Policy for the Replacement or Restoration of Private Water Supplies Impacted by Unconventional Operations Provides direction to the Oil and Gas Program by establishing procedures to be followed for restoring or replacing private water supplies that are adversely affected by oil and gas operations. This guidance provides the regulated industry and the public with information on DEP s approach to a responsible party who affects a private water supply by pollution or diminution. Policy/Final Oil and Gas Board Final Kurt Klapkowski (717) kklapkowsk@pa.gov Planning Guidance for Unconventional Gas Well Site Emergency Response Plans (ERPs) Will provide operators with information about and assistance in developing their ERPs for unconventional well sites. Unconventional operators must develop ERPs for well sites in accordance with Act 9 of 2012 and section 78a.55. Policy/New Oil & Gas Board Kurt Klapkowski (717) kklapkowsk@pa.gov Pennsylvania Function Based Compensation Protocol Provides guidance for establishing a system for valuing compensatory mitigation for use with Chapter 105 actions. New Water Resources Final Sid Freyermuth Waterways Engineering and Wetlands (717) sfreyermut@pa.gov 8

10 (s) Compensation Policy Will provide direction on the use of guidelines, standards and related information for the purposes of developing compensatory mitigation proposals to meet the applicable requirements of Chapter 105 and the federal Clean Water Act. Policy/New Water Resources Sid Freyermuth Waterways Engineering and Wetlands (717) Laboratory Reporting Instructions Total Coliform and E. Coli Bacteria in Public Water Systems Provides laboratories with guidance on reporting drinking water results under the Revised Total Coliform and Groundwater Rules Laboratory Accreditation Jason Minnich Safe Drinking Water (717) Laboratory Reporting Instructions for Disinfectant Residuals Provide water systems and laboratories with guidance on how to report disinfectant residuals New Laboratory Accreditation, Small Water Systems TAC Board Jason Minnich Safe Drinking Water (717) Laboratory Instructions for Lead and Copper Under the Lead and Copper Rule Provide laboratories with guidance on reporting drinking water results under the Lead/Copper Rule Laboratory Accreditation Jason Minnich Safe Drinking Water (717)

11 (s) Lead and Copper A Working Guide to the Lead and Copper Rule Provide public water systems with guidance on the provisions of the Lead and Copper Rule Minor Small Water Systems Assistance Center Board Deb Rotz Safe Drinking Water (717) drotz@pa.gov Guidance for Surface Water Identification Protocol Describes hydrogeologic procedure for identification of new/existing community groundwater sources that are under the direct influence of surface water. Small Water Systems Assistance Center Board Quarter 1 Chad Reisch Safe Drinking Water (717) creisch@pa.gov Water Quality Parameter Reporting Instructions under the Lead & Copper Rule Provide public water systems with guidance on reporting drinking water WQP results under the Lead/Copper Rule New Small Water Systems Assistance Center Board Quarter 1 Dawn Hissner Safe Drinking Water (717) dhissner@pa.gov 10

12 (s) Water Allocation Permit Applications The proposed revisions are a significant updating of the 1992 guidance document and reflect current practices and outcomes of case law. The proposed revisions incorporate six existing water allocation guidance documents that are to be rescinded upon finalization of this guidance document. The proposed revisions articulate the Department s expectations for permit application submittals and strengthen the relationship between the Water Rights Act and the Clean Streams Law for protection of water resources. Small Water Systems TAC Board Susan Weaver Safe Drinking Water (717) , suweaver@pa.gov Permitting Policy and Procedure Manual Describes DEP s procedures for issuing NPDES and WQM permits for sewage and industrial waste facilities; however, those procedures are approximately 20 years old, and our current procedures are identified in SOPs. Rescission Rescinded Sean Furjanic Clean Water (717) sefurjanic@pa.gov Quality Plan for the Bureau of Water Standards and Facility Regulation Guidance document for DEP staff detailing the process to collect quality data for the surface water monitoring program. Rescission Rescinded Gary Walters Clean Water (717) gawalters@pa.gov 11

13 (s) Aquatic Life Use Attainability Studies for Flowing and Impounded Water Bodies Guidance document for DEP Water Quality Division staff describing the process to determine appropriate aquatic life use designations for surface waters of the Commonwealth. Rescission Rescinded Gary Walters Clean Water (717) Quality Assurance Work Plan: Toxics Surveys Guidance document for DEP staff describing the process to develop appropriate monitoring plans to assess the impact of toxic substances. Rescission Rescinded Gary Walters Clean Water (717) Macroinvertebrate Enumeration 3800-FM- BPNPSM0403 Form previously used by DEP staff in the laboratory to enumerate the macroinvertebrate taxa subsampled and identified from surface water samples. Rescission Rescinded Gary Walters Clean Water (717) Flowing Waterbody Field Data Form 3800-FM- BPNPSM0086 Field data forms used by DEP staff to collect stream monitoring data. Rescission Rescinded Gary Walters Clean Water (717)

14 (s) Design Standards for Domestic Wastewater Facilities Will outline the design standards for domestic wastewater facilities and replace and amend Part III of the existing Domestic Wastewater Facilities Manual ( ), including additional design standards for Sequencing Batch Reactor (SBR), Ultraviolet (UV) (Light) Disinfection, and Membrane Bioreactors (MBR). New Water Resources Kevin McLeary Clean Water (717) Water Quality Permitting Will outline the administrative requirements for Water Quality permitting and replace and amend Parts I and II of the existing Domestic Wastewater Facilities Manual ( ). New Water Resources Kevin McLeary Clean Water (717) kmcleary@pa.gov Small Flow Treatment Facility Manual Will update and replace the Design Standards in the Small Flow Treatment Facilities Manual ( ). of Existing Guidance Water Resources Kevin McLeary Clean Water (717) kmcleary@pa.gov 13

15 (s) Closure Requirements for Underground Storage Tank Systems Establishes minimum standards that must be met to comply with the closure requirements for regulated underground storage tanks, including closure notification, tank handling and waste management and disposal, site assessment, sampling requirements, analytical requirements, release reporting and record keeping. Storage Tank Final Kris Shiffer Environmental Cleanup & Brownfields (717) Closure Requirements for Aboveground Storage Tank Systems Establishes minimum standards that must be met to comply with the closure requirements for regulated large aboveground storage tanks, including closure notification, tank handling and waste management and disposal, site assessment, sampling requirements, analytical requirements, release reporting and record keeping. Storage Tank Final Kris Shiffer Environmental Cleanup & Brownfields (717) Land Recycling Program Guidance Manual Provides guidance to persons conducting remediation at a site under Act 2, and is a comprehensive reference of the requirements and guidance for characterizing contamination in soil and groundwater and meeting a cleanup standard under Act 2. Cleanup Standards Scientific Board Michael Maddigan Environmental Cleanup & Brownfields (717) mmaddigan@pa.gov 14

16 (s) of Fill Provides DEP s procedures for determining whether material is clean fill or regulated fill. Solid Waste Quarter 1 Ali Tarquino-Morris Waste (717) altarquino@pa.gov Settlement Accommodation Plan Will provide guidance for municipal waste landfills, through a minor permit modification, to utilize air space (capacity) by accounting for the settlement of waste that occurs over time. New Solid Waste Quarter 2 Laura Henry Waste (717) lahenry@pa.gov Leachate Hauling Under Act 45 of 2015 Will provide guidance for municipal and residual waste landfills on obtaining and maintaining authorization from the Department to manage leachate by truck. New Solid Waste Quarter 1 Laura Henry Waste (717) lahenry@pa.gov Pennsylvania Radon Mitigation Standards Provides radon mitigation contractors with uniform standards that will ensure quality and effectiveness in the design, installation and evaluation of radon mitigation systems in detached and attached residential buildings three stories or less in height. Radiation Protection Robert Lewis Radiation Protection (717) rolewis@pa.gov 15

17 (s) Radioactivity Monitoring at Solid Waste Processing and Disposal Facilities Outlines the criteria for owners and operators of solid waste facilities monitoring for radiation from incoming loads of waste, and the criteria by which DEP will evaluate these activities in regard to waste facility permitting, operations and enforcement, radiation protection, grants, monitoring, administration and emergency. Radiation Protection /Sol id Waste Dave Allard Radiation Protection (717) Permit Protocol Provides guidance for regional personnel in reviewing plan approval applications and conducting permit inspections for the air quality program. Uyen Dao (717) Permit Exemptions Provides criteria for sources and physical changes to sources determined to be eligible for permitting exemptions as sources of minor significance., Small Business Compliance Naishadh Bhatt (717)

18 (s) Policy for Sampling and Determination of Compliance with Low RVP Gasoline Requirements in the Pittsburgh-Beaver Valley Ozone Nonattainment Area Clarifies the procedures DEP uses to implement the provisions of the low Reid Vapor Pressure (RVP) requirements found under Chapter 126, Subchapter C. Rescission, Small Business Compliance Rescinded Samantha Harmon (717) Stage II Penalty Assessment Guidance Outlines procedures for the assessing of penalties for any Stage II vapor recovery violation., Small Business Compliance Susan Foster (717) Stage II Testing Requirements Clarifies the testing and certification requirements for owners and operators of gasoline dispensing facilities that need Stage II vapor recovery controls., Small Business Compliance Susan Foster (717)

19 (s) Permit Protocol Provides guidance for regional personnel in reviewing plan approval applications and conducting permit inspections for the air quality program. Uyen Dao (717)

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