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Draft Technical Guidance – Substantive Revision RE: DEP’s Management of Fill Policy

Draft Technical Guidance – Substantive Revision RE: DEP’s Management of Fill Policy

Below is the PA Bulletin Notice for the attached Draft Technical Guidance – Substantive Revision RE: DEP’s Management of Fill Policy.

Interested persons may submit written comments on this draft TGD by January 8, 2019.

https://www.pabulletin.com/secure/data/vol48/48-45/1749.html

NOTICES

DEPARTMENT OF
ENVIRONMENTAL PROTECTION

Availability of Technical Guidance

[48 Pa.B. 7176]
[Saturday, November 10, 2018]

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: 258-2182-773. Title: Management of Fill Policy. Description: A person placing solid waste onto the ground is generally required to obtain a permit under the Solid Waste Management Act (SWMA). A person is not required to obtain a permit under SWMA if the person can demonstrate that the material qualifies as clean fill in accordance with the municipal and residual waste regulations, 25 Pa. Code §§ 271.101(b)(3) and 287.101(b)(6) (relating to permit requirement; and general requirements for permit). The Management of Fill Policy defines the universe of materials that qualify as ”fill” and provides the Department’s procedures for determining whether fill is ”clean fill,” as defined in the municipal and residual waste regulations in 25 Pa. Code §§ 271.1 and 287.1 (relating to definitions) or ”regulated fill,” as defined in the policy.

The Department’s proposed amendments to the Management of Fill Policy include the following:

  •  The proposed policy has been revised for clarity and reorganized for ease of use, providing expanded or revised definitions of existing terms and adding definitions for terms frequently used in the implementation of the existing policy but have not been previously defined.
  •  The proposed amendments include a stepwise procedure for making a fill determination that clearly identifies the steps necessary to perform environmental due diligence; clarifies the procedures for performing analytical testing, if required, in a manner that is acceptable to the Department; and clarifies the requirements for filing forms or obtaining required approvals prior to transporting fill from one site to another.
  •  The chemical concentration limits contained in the Management of Fill Policy that are used to determine whether materials are uncontaminated, as that term is defined in the policy, are derived from numerical limits for residential use specified in 25 Pa. Code Chapter 250 (relating to administration of Land Recycling Program). The existing chemical concentration limits were last modified in 2007 and are not consistent with the revisions made in 2011 and 2016 to Chapter 250. The Department is proposing amendments to the Management of Fill Policy to directly reference the applicable limits from 25 Pa. Code Chapter 250, and eliminate Tables FP-1a (organic constituents) and FP-1b (metals and inorganic constituents) from the policy so that future revisions to the numeric limits in Chapter 250 are automatically updated and included in the Management of Fill Policy.
  •  The Department is proposing amendments to Appendix A of the existing policy relating to sample collection and analytical testing requirements for performing environmental due diligence. The proposed amendments include guidance on developing a sampling plan that meets the data quality objectives required by the Department; expansion of existing sampling instructions to include a sampling protocol for fill contained in piles and fill that is sampled in-situ.
  •  The Department is proposing the addition of a new section in Appendix A that provides a mechanism for demonstrating that an observed exceedance of a numeric limit is due to background at the donor site. The proposed amendments include the use of an equivalent site evaluation that is performed once a successful background demonstration is made. The proposed equivalent site evaluation is intended to ensure that no new regulated substances are placed on the receiving site other than those that are already determined to be present and that the concentrations of regulated substances in the donor fill have been compared to the concentration of the same regulated substances at the receiving site.

Written Comments: Interested persons may submit written comments on this draft TGD by January 8, 2019. All 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 tool at www.ahs.dep.pa.gov/eComment or by e-mail to ecomment@pa.gov Written comments may be mailed 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 TGD should be directed to Ali Tarquino Morris, (717) 787-7381 or ra-epbenuseall@pa.gov. When submitting questions by e-mail, place ”Draft Management of Fill Policy” in the subject line.

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

PATRICK McDONNELL,
Secretary

[Pa.B. Doc. No. 18-1749. Filed for public inspection November 9, 2018, 9:00 a.m.]

 

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