reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article II - Statements of Policy › Chapter 14 - POLICY FOR EMERGENCY MINE SUBSIDENCE RELIEF › POLICY › Section 14.11 - Grants and loans

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						Applications for grants and loans shall be made on forms provided by the
						Department.
(b) Grants may be
						awarded to eligible homeowners as provided in the following:
(1) For matching Federal funds as may be
						available to homeowners for emergency mine subsidence relief.
(2) For moving persons whose dwellings have
						been damaged sufficient to cause a mine subsidence emergency. The expenses
						shall include the following:
(i) Moving
						expenses incurred during evacuation and subsequent return.
(ii) Reasonable rental expense incurred
						during temporary relocation.
(3) For filling voids in the earth caused by
						the mine subsidence emergency, where necessary for the restoration of the
						dwelling to a safe and habitable condition and where the grants are not
						otherwise available.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article II - Statements of Policy › Chapter 14 - POLICY FOR EMERGENCY MINE SUBSIDENCE RELIEF › POLICY › Section 14.12 - Findings of fact

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In a case
						where an application is made by a homeowner for emergency subsidence relief,
						the Department of Environmental Resources will conduct an investigation to:
(1) Determine if the applicant is an eligible
						homeowner and entitled to receive emergency mine subsidence relief.
(2) Verify that the costs for which
						application has been made are reasonable and authorized under §
													14.11 (relating to grants and
						loans).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article II - Statements of Policy › Chapter 14 - POLICY FOR EMERGENCY MINE SUBSIDENCE RELIEF › POLICY › Section 14.13 - Awards

Current through Register Vol. 54, No. 28, July 13, 2024
When the Governor approves the findings of the
						  Department of Environmental Resources, and transfers the available funds, the
						  Department will notify the applicant of the amount of the award and any
						  conditions to which the applicant may be subject. The award will be sent to the
						  applicant when the conditions have been met.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article II - Statements of Policy › Chapter 14 - POLICY FOR EMERGENCY MINE SUBSIDENCE RELIEF › POLICY › Section 14.14 - Loan agreements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Loans
						awarded to eligible homeowners will be administered by the Department of
						Environmental Resources and shall be:
(1)
						Limited to 15 years in duration.
(2) Payable in monthly
						installments.
(3) Collectible
						immediately upon default.
(4)
						Secured by a lien upon the dwelling being repaired or
						replaced.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article II - Statements of Policy › Chapter 16 - WATER QUALITY TOXICS MANAGEMENT STRATEGY-STATEMENT OF POLICY › Subchapter A - GUIDELINES FOR DEVELOPMENT OF CRITERIA FOR TOXIC SUBSTANCES AND WATER QUALITY CRITERIA FOR TOXIC SUBSTANCES › INTRODUCTION › Section 16.1 - General

Current through Register Vol. 54, No. 28, July 13, 2024
Water quality criteria are the numeric
							 concentrations, levels or surface water conditions that need to be maintained
							 or attained to protect existing and designated uses. They are designed to
							 protect the water uses listed in Chapter 93 (relating to water quality
							 standards). The most sensitive of these protected uses are generally water
							 supply, recreation and fish consumption, and aquatic life related. Therefore,
							 criteria designed to protect these uses will normally protect the other uses
							 listed in Chapter 93. This chapter specifies guidelines and procedures for
							 development of criteria for toxic substances.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article II - Statements of Policy › Chapter 16 - WATER QUALITY TOXICS MANAGEMENT STRATEGY-STATEMENT OF POLICY › Subchapter A - GUIDELINES FOR DEVELOPMENT OF CRITERIA FOR TOXIC SUBSTANCES AND WATER QUALITY CRITERIA FOR TOXIC SUBSTANCES › DISCUSSION › Section 16.11 - Toxic substances

Current through Register Vol. 54, No. 28, July 13, 2024
(a) These
						  guidelines cover section 307(a) of The Federal Clean Water Act (33 U.S.C.A. §
														1317(a)) priority pollutants
						  and other toxic substances which the Department determines to be of concern due
						  to their verified or suspected presence in wastewater discharges. Priority
						  pollutants are the primary focus of concern because the EPA has determined them
						  to be the most commonly used, persistent and toxic substances in wastewater
						  discharges. They include many heavy metals and solvents.
(b) In November 1980, the EPA published
						  criteria for protection of human health and aquatic life for 104 of the 129
						  priority pollutants. (There are currently 126 priority pollutants since three
						  have subsequently been deleted.) These criteria were developed in accordance
						  with National guidelines summarized at 45 FR 79318 (1980). The EPA has updated
						  the criteria or issued new criteria since 1980 based upon new data, and more
						  recently, new methodologies for developing human health criteria as summarized
						  in the Methodology for Deriving Ambient Water Quality Criteria for the
						  Protection of Human Health (EPA-822-B-00-004, October 2000) and the
National Recommended Water Quality Criteria
(EPA-822-H-04-001,
						  2004), as amended and updated. The Department's procedures for establishing
						  criteria for aquatic life and human health protection for priority pollutants,
						  and other toxics of concern are discussed in this subchapter.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article II - Statements of Policy › Chapter 16 - WATER QUALITY TOXICS MANAGEMENT STRATEGY-STATEMENT OF POLICY › Subchapter A - GUIDELINES FOR DEVELOPMENT OF CRITERIA FOR TOXIC SUBSTANCES AND WATER QUALITY CRITERIA FOR TOXIC SUBSTANCES › GUIDELINES FOR DEVELOPMENT OF AQUATIC LIFE CRITERIA › Section 16.21 - Acute and chronic protection

Current through Register Vol. 54, No. 28, July 13, 2024
To provide for protection of aquatic life, it is
							 necessary to consider both chronic, that is, long-term (reproduction, growth,
							 survival) and acute or short-term (survival) endpoints. Aquatic life can
							 generally survive excursions of elevated concentrations of a pollutant as long
							 as the excursion is of relatively short duration and does not frequently recur.
							 However, to provide protection over a lifetime, a lower concentration shall be
							 maintained. Thus, each aquatic life criterion consists of two magnitudes. The
							 EPA defines these as a criterion maximum concentration (CMC) for acute
							 protection and a criterion continuous concentration (CCC) for chronic
							 protection. Each criterion is defined in terms of magnitude (a scientifically
							 derived number), duration (the period of time over which the number must be
							 achieved), and the maximum desired frequency (the number of repetitions per
							 unit time) of occurrence. Consistent with this approach, the Department
							 whenever possible develops acute and chronic criteria and specifies the
							 applicable magnitude and duration. The frequency of occurrence is accounted for
							 through the specification of factors appropriate to the criteria and in Chapter
							 96 (relating to water quality standards implementation). Basis for the
							 magnitude, duration and frequency is described in criteria development
							 rationale or other appropriate supporting documentation.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article II - Statements of Policy › Chapter 16 - WATER QUALITY TOXICS MANAGEMENT STRATEGY-STATEMENT OF POLICY › Subchapter A - GUIDELINES FOR DEVELOPMENT OF CRITERIA FOR TOXIC SUBSTANCES AND WATER QUALITY CRITERIA FOR TOXIC SUBSTANCES › GUIDELINES FOR DEVELOPMENT OF AQUATIC LIFE CRITERIA › Section 16.22 - Criteria development

Current through Register Vol. 54, No. 28, July 13, 2024
The Department will establish criteria for toxic
							 substances to provide for protection of aquatic life in accordance with the
							 following guidelines:
(1) For those
						  toxics for which the EPA has developed criteria in accordance with the National
						  guidelines as set forth in "Guidelines for Deriving Numerical National Water
						  Quality Criteria for the Protection of Aquatic Organisms and Their Uses"
						  (1985), as amended and updated, the Department will review and evaluate the
						  criteria. If the Department determines that the criteria are adequate to
						  protect indigenous aquatic communities in the State's waters, these criteria
						  will serve as the basis for establishing total maximum daily loads (TMDLs)
						  under Chapter 96 (relating to water quality standards implementation) or NPDES
						  effluent limitations under Chapter 92a (relating to National Pollutant
						  Discharge Elimination System permitting, monitoring and compliance). If the
						  Department determines that the EPA National criteria are inappropriate, the
						  Department will adjust these criteria in accordance with National guidelines to
						  reflect the levels required for protection of aquatic life in this
						  Commonwealth's waters.
(2) For
						  those toxics identified or expected in a discharge for which the EPA has not
						  developed criteria, the Department will develop criteria using EPA-approved
						  National guidelines.
This section cited in 25 Pa. Code §
															16.61 (relating to special
								provisions for the Great Lakes
								System).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article II - Statements of Policy › Chapter 16 - WATER QUALITY TOXICS MANAGEMENT STRATEGY-STATEMENT OF POLICY › Subchapter A - GUIDELINES FOR DEVELOPMENT OF CRITERIA FOR TOXIC SUBSTANCES AND WATER QUALITY CRITERIA FOR TOXIC SUBSTANCES › GUIDELINES FOR DEVELOPMENT OF AQUATIC LIFE CRITERIA › Section 16.23 - Sources of information

Current through Register Vol. 54, No. 28, July 13, 2024
The Department will use the following sources of
							 information in establishing criteria for aquatic life protection:
(1) United States EPA 1986 Quality Criteria
						  for Water (Goldbook).
(2) United
						  States EPA Ambient Water Quality Criteria Development Documents and
						  updates.
(3) Aquatic life toxicity
						  data available in the published scientific literature.
(4) Aquatic life toxicity data available on
						  EPA computerized databases (for example, ECOTOX, Great Lakes Initiative (GLI)
						  Clearinghouse).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article II - Statements of Policy › Chapter 16 - WATER QUALITY TOXICS MANAGEMENT STRATEGY-STATEMENT OF POLICY › Subchapter A - GUIDELINES FOR DEVELOPMENT OF CRITERIA FOR TOXIC SUBSTANCES AND WATER QUALITY CRITERIA FOR TOXIC SUBSTANCES › GUIDELINES FOR DEVELOPMENT OF HUMAN HEALTH-BASED CRITERIA › Section 16.31 - Application

Current through Register Vol. 54, No. 28, July 13, 2024
In the development of water quality criteria for
							 human health protection, the principles of risk assessment and risk management
							 are applied in two distinct ways depending upon the toxic effect to be
							 protected against. Traditional toxicology is developed upon a theory that the
							 "dose determines the poison" (any substance is toxic if the dose becomes large
							 enough). It is generally recognized, however, that for most substances there is
							 a safe level below which no adverse effects will be seen. This "threshold
							 level" approach is in contrast to the "no threshold level" approach generally
							 ascribed to carcinogens.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article II - Statements of Policy › Chapter 16 - WATER QUALITY TOXICS MANAGEMENT STRATEGY-STATEMENT OF POLICY › Subchapter A - GUIDELINES FOR DEVELOPMENT OF CRITERIA FOR TOXIC SUBSTANCES AND WATER QUALITY CRITERIA FOR TOXIC SUBSTANCES › CRITERIA MODIFICATION › Section 16.41 - Changes and additions

Current through Register Vol. 54, No. 28, July 13, 2024
The criteria in Chapter 93, Table 5 and site-specific
							 criteria for toxic substances are based on the best scientific information
							 currently available. These criteria may, however, be added to or modified if
							 the Department determines upon evaluation of new scientific findings and
							 information that a change is warranted. Submittal of data and information will
							 be considered by the Department for this purpose. Site-specific criteria
							 development will be performed in accordance with §
													93.8d (relating to development of
							 site-specific water quality criteria). Changes and additions to the tables will
							 be published in the
Pennsylvania Bulletin
.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article II - Statements of Policy › Chapter 16 - WATER QUALITY TOXICS MANAGEMENT STRATEGY-STATEMENT OF POLICY › Subchapter A - GUIDELINES FOR DEVELOPMENT OF CRITERIA FOR TOXIC SUBSTANCES AND WATER QUALITY CRITERIA FOR TOXIC SUBSTANCES › CRITERIA MODIFICATION › Section 16.42 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article II - Statements of Policy › Chapter 16 - WATER QUALITY TOXICS MANAGEMENT STRATEGY-STATEMENT OF POLICY › Subchapter A - GUIDELINES FOR DEVELOPMENT OF CRITERIA FOR TOXIC SUBSTANCES AND WATER QUALITY CRITERIA FOR TOXIC SUBSTANCES › WATER QUALITY CRITERIA FOR TOXIC SUBSTANCES › Section 16.52 - Whole Effluent Toxicity Testing (WETT)

Current through Register Vol. 54, No. 28, July 13, 2024
The Department may require WETT, under §
													92a.21(d)(4)
							 (relating to application for a permit), for any discharges covered by an NPDES
							 permit or other activities where it is determined that the testing is necessary
							 to assure the protection of aquatic life. Where WETT is required, the
							 Department will use the criteria of 0.3 TUA (Toxic Units Acute) and 1 TUC
							 (Toxic Units Chronic) design conditions and other applicable factors as a basis
							 for evaluating test results. WETT shall be conducted in accordance with 40 CFR
							 Part 136 (relating to guidelines establishing test procedures for the analysis
							 of pollutants), Chapter 252 (relating to environmental laboratory
							 accreditation), the NPDES permit, Quality Assurance Quality Control guidance
							 issued by the Department or other protocols approved by the Department.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article II - Statements of Policy › Chapter 16 - WATER QUALITY TOXICS MANAGEMENT STRATEGY-STATEMENT OF POLICY › Subchapter B - ANALYTICAL METHODS AND DETECTION LIMITS FOR TOXIC SUBSTANCES › GENERAL PROVISIONS › Section 16.101 - Introduction

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This subchapter
						  contains information on the final EPA guidelines establishing test procedures
						  for the analysis of priority pollutants under the Federal Water Pollution
						  Control Act, known as the Clean Water Act (33 U.S.C.A. §§
														1251-1376). The procedures of analysis
						  for the organic compounds are contained in
						  40 CFR
						  136 (relating to guidelines establishing test
						  procedures). Procedures for inorganic substances are cited in this source, but
						  details are found elsewhere. Analytical procedures for free cyanide are
						  approved by the Department and are contained in Appendix A, Table 2A.
(b) This information provides the expected
						  levels of analytical detectability for toxic priority pollutants. It is
						  intended as a basis for review of NPDES application forms, and for establishing
						  appropriate detection limits and methods of analysis to accompany final
						  effluent limitations in permits.
(c) The Department recommends that clean
						  techniques be employed as appropriate in collecting, handling, storing,
						  preparing and analyzing samples. Clean techniques refer to methods that reduce
						  contamination and enable the accurate and precise measurement of substances,
						  and to related issues concerning detection limits, quality control and quality
						  assurance. Clean techniques are those requirements or practices for sample
						  collection and handling necessary to produce reliable analytical data to at
						  least the microgram per liter (µg/l) or part per billion (ppb) range, or
						  lower as required by the analytical method. The use of clean techniques reduces
						  the incidence of overstatement of environmental concentrations of trace
						  substances.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article II - Statements of Policy › Chapter 16 - WATER QUALITY TOXICS MANAGEMENT STRATEGY-STATEMENT OF POLICY › Subchapter B - ANALYTICAL METHODS AND DETECTION LIMITS FOR TOXIC SUBSTANCES › GENERAL PROVISIONS › Section 16.102 - Approved EPA and DEP analytical methods and detection limits

Current through Register Vol. 54, No. 28, July 13, 2024
Appendix A, Table 2A contains approved Department
							 analytical methods and detection limits. The following data elements are to be
							 used as follows:
(1) The Chemical
						  Abstracts Service (CAS) number, a unique chemical identifier, is to be used for
						  completeness of identification. The CAS number should always be verified to
						  ensure proper identification, particularly with chemicals with ambiguous or
						  unfamiliar names, or both.
(2) If
						  the EPA has an approved test method for analysis of a specific pollutant, the
						  NPDES permittee shall use the approved test method (or an approved alternate
						  test method) for the specific pollutant under 40 CFR Part 136 (relating to
						  guidelines establishing test procedures for the analysis of pollutants).
						  Methods are detailed in one or more of the following sources:
(i) EPA-approved analytical methods and
						  guidelines in 40 CFR Parts
						  122,
						  136,
						  141,
						  143,
						  430,
						  455 and
						  465. EPA-approved analytical
						  methods must be sufficiently sensitive and capable of detecting and measuring
						  the pollutants at or below the applicable water quality criteria or permit
						  limits consistent with the EPA's regulations in 40 CFR Part 122 (relating to
						  EPA administered permit programs: the National Pollutant Discharge Elimination
						  System) and 40 CFR Part 136 .
(ii)
						  If an EPA-approved analytical method is not available for a pollutant, an
						  analytical method may be used that is capable of detecting and measuring the
						  pollutant at or below the applicable water quality criterion or permit limit.
						  The analytical method should be consistent with guidelines for developing
						  analytical methods, as described in this Chapter.
(iii)
Standard Methods for the
						  Examination of Water and Wastewater
, 20th Edition, APHA-AWWA-WEF,
						  1998.
(iv)
Hach Handbook of
						  Wastewater Analysis
, Hach Chemical Company, 1979.
(v)
Direct Current Plasma (DCP)
						  Optical Emission Spectrometric Method for Trace Elemental Analysis of Water and
						  Wastes, Method AES0029
. Applied Research Laboratories, Inc.,
						  1986-Revised 1991, Fison Instruments, Inc.
(vi)
ASTM Annual Book of Standards,
						  Section 11, Water
. American Society for Testing and Materials,
						  1999.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article II - Statements of Policy › Chapter 16 - WATER QUALITY TOXICS MANAGEMENT STRATEGY-STATEMENT OF POLICY › Subchapter B - ANALYTICAL METHODS AND DETECTION LIMITS FOR TOXIC SUBSTANCES › GENERAL PROVISIONS › Appendix A

Current through Register Vol. 54, No. 28, July 13, 2024
TABLE 1
[Reserved]
TABLE 1A
[Reserved]
TABLE 2A
APPROVED DEP ANALYTICAL METHODS AND DETECTION
							 LIMITS
Parameter (CAS)
Method Number (Description)
									 Source
Detection Limit (-g/l)
-
BENZENE METADISULFONIC ACID (00098486)
OR 357A Test America, HPLC/UV or LC/MS/MS
50
-
BENZENE MONOSULFONIC ACID (00098113)
OR 357A Test America, HPLC/UV or LC/MS/MS
50
-
P-PHENOL SULFONIC ACID (00098679)
OR 357A Test America, HPLC/UV or LC/MS/MS
50
TABLE 2B
[RESERVED]
TABLE 3
[RESERVED]
This appendix cited in 25 Pa. Code §
															16.41 (relating to changes and
								additions); 25 Pa. Code §
															16.51 (relating to human health
								and aquatic life criteria); 25 Pa. Code §
															16.102 (relating to approved EPA
								and DEP analytical methods and detection limits); and 25 Pa. Code §
															93.1 (relating to
								definitions).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article III - Practice and Procedure › Chapter 23 - ENVIRONMENTAL QUALITY BOARD POLICY FOR PROCESSING PETITIONS-STATEMENT OF POLICY › Section 23.2 - Departmental review

Current through Register Vol. 54, No. 28, July 13, 2024
The Department will examine the petition to determine if
						it meets the following conditions:
(1)
					 The petition is complete as required by §
											23.1 (relating to
					 petitions).
(2) The petition
					 requests an action that can be taken by the EQB.
(3) The requested action does not conflict
					 with Federal law.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article III - Practice and Procedure › Chapter 23 - ENVIRONMENTAL QUALITY BOARD POLICY FOR PROCESSING PETITIONS-STATEMENT OF POLICY › Section 23.3 - Notification

Current through Register Vol. 54, No. 28, July 13, 2024
The Department will notify the EQB and petitioner of its
						determination within 30 days of receipt of the petition. If the Department
						determines that the petition is not appropriate for submittal to the EQB
						because it does not meet each of the conditions in §
											23.2 (relating to Departmental
						review), the Department's notification shall state the reasons for its
						determination and give the petitioner 30 days to complete the petition or
						modify the request.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article III - Practice and Procedure › Chapter 23 - ENVIRONMENTAL QUALITY BOARD POLICY FOR PROCESSING PETITIONS-STATEMENT OF POLICY › Section 23.4 - Oral presentation

Current through Register Vol. 54, No. 28, July 13, 2024
At the next EQB meeting occurring at least 15 days after
						the Department's determination that a petition is appropriate for consideration
						by the EQB, the Chairperson of the EQB shall inform the EQB of the petition for
						rulemaking, the nature of the request and the petitioner. The Chairperson shall
						give the petitioner or the petitioner's representative the opportunity to make
						a 5-minute oral presentation on why the EQB should accept the petition. The
						Department will also make a recommendation on whether the EQB should accept the
						petition.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article III - Practice and Procedure › Chapter 23 - ENVIRONMENTAL QUALITY BOARD POLICY FOR PROCESSING PETITIONS-STATEMENT OF POLICY › Section 23.5 - Board determination

Current through Register Vol. 54, No. 28, July 13, 2024
The EQB may refuse to accept a petition if it determines
						that one or more of the following conditions exist:
(1) The EQB has within the previous 2 years
					 considered the issue addressed by the petition for rulemaking as part of an
					 earlier decision concerning the adoption, amendment or deletion of a
					 regulation.
(2) The action
					 requested by the petitioner concerns a matter currently in
					 litigation.
(3) The requested
					 action is not appropriate for rulemaking by the EQB due to policy or regulatory
					 considerations.
(4) The petition
					 involves an issue previously considered by the EQB, and it does not contain
					 information that is new or sufficiently different to warrant reconsideration of
					 that decision. If a petition does present new or sufficiently different
					 information, this information must have been either unavailable at the time of
					 the EQB's previous decision or not contained in the record of the proceeding in
					 which the previous decision was made.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article III - Practice and Procedure › Chapter 23 - ENVIRONMENTAL QUALITY BOARD POLICY FOR PROCESSING PETITIONS-STATEMENT OF POLICY › Section 23.6 - Notice of acceptance and Department report

Current through Register Vol. 54, No. 28, July 13, 2024
If the EQB accepts the petition, a notice of acceptance
						will be published in the
Pennsylvania Bulletin
within 30 days.
						In addition, a report will be prepared in accordance with one of the following
						procedures:
(1)
Petitions
					 other than stream redesignation petitions.
The Department will prepare
					 a report evaluating the petition within 60 days. If the report cannot be
					 completed within the 60-day period, at the next EQB meeting the Department will
					 state how much additional time is necessary to complete the report. The
					 Department's report will include a recommendation on whether the EQB should
					 approve the action requested in the petition. If the recommendation is to
					 change a regulation, the report will also specify the anticipated date that the
					 EQB will consider a proposed rulemaking.
(2)
Stream redesignation
					 petitions.
The Department will publish notice of its intent to assess
					 the waters subject to evaluation. The notice will include a request for
					 submittal of technical data that interested persons have. Following the
					 assessment and review of all technical data, the Department will prepare a
					 draft evaluation report.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article III - Practice and Procedure › Chapter 23 - ENVIRONMENTAL QUALITY BOARD POLICY FOR PROCESSING PETITIONS-STATEMENT OF POLICY › Section 23.7 - Response to report

Current through Register Vol. 54, No. 28, July 13, 2024
Upon completing the report, the Department will send a
						copy of the report to the petitioner. Within 30 days of the mailing of the
						report, the petitioner may submit to the Department a written response to the
						report.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article III - Practice and Procedure › Chapter 23 - ENVIRONMENTAL QUALITY BOARD POLICY FOR PROCESSING PETITIONS-STATEMENT OF POLICY › Section 23.8 - Board consideration

Current through Register Vol. 54, No. 28, July 13, 2024
The Department will prepare a recommendation to the EQB
						based on the report and comments received from the petitioner. If regulatory
						amendments are recommended, the Department will develop a proposed rulemaking
						for EQB consideration within 6 months after the Department mailed its report to
						the petitioner. If regulatory amendments are not recommended, the Department
						will present its recommendation and basis to the EQB at the first meeting
						occurring at least 45 days after the Department mailed its report to the
						petitioner.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article III - Practice and Procedure › Chapter 24 - MODEL PROCEDURE FOR MEANINGFUL PUBLIC PARTICIPATION-STATEMENT OF POLICY › Section 24.1 - Goals

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Primary
					 goals
. A meaningful public participation process has three primary
					 goals. These goals are as follows:
(1)
Credibility
. By creating a visible decisionmaking process to
					 which all participants have access, public involvement provides a means of
					 making both the decisionmaking process and the resulting decisions credible and
					 acceptable to groups or individuals with highly divergent viewpoints.
(2)
Identifying public concerns and
					 values
. Because various parties may have fundamentally different
					 points of view, evaluate any proposed action from different perspectives.
					 Public involvement provides a mechanism by which developers can understand the
					 problems, issues and develop possible solutions before the permit application
					 is submitted.
(3)
Developing a consensus
. Consensus must be formed on an
					 issue-by-issue basis incorporating public concerns and values. Public
					 involvement provides a process by which a consensus can evolve through specific
					 agreed-upon actions.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article III - Practice and Procedure › Chapter 24 - MODEL PROCEDURE FOR MEANINGFUL PUBLIC PARTICIPATION-STATEMENT OF POLICY › Section 24.2 - Responsibilities of the developer

Current through Register Vol. 54, No. 28, July 13, 2024
The responsibilities of the developer are as
						follows:
(1) Announce an intent to
					 search for a site by publishing a notice in a display ad in two local
					 newspapers of general circulation in the search areas of the sites once a week
					 for 2 successive weeks and issue a press release. The intent is to provide
					 maximum public exposure.
(2) Define
					 the search area-county, multicounty, region or State.
(3) Form a working committee of at least 15
					 members to be constituted of substantially equivalent proportions of the
					 following four groups: private citizens, representatives of public interest
					 groups, public officials, representatives of organizations or groups who have a
					 substantial interest in hazardous waste and an academic scientist. Make a
					 public announcement of the formation of the committee.
(4) Solicit committee members through
					 contacts with the entities in subparagraphs (i)-(xiii). A developer may find
					 that its committee may have more credibility if it affords the municipal
					 officials, or other independent group, the opportunity to select members of the
					 committee.
(i) Public interest
					 groups.
(ii) Municipal/county
					 officials.
(iii) Environmental
					 groups.
(iv) Civic
					 organizations.
(v)
					 Business/industry organizations.
(vi) Labor organizations.
(vii) Trade organizations.
(viii) Consumer organizations.
(ix) Agricultural groups.
(x) Academic interests.
(xi) Health professions.
(xii) Waste generators.
(xiii) Waste transporters.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article III - Practice and Procedure › Chapter 24 - MODEL PROCEDURE FOR MEANINGFUL PUBLIC PARTICIPATION-STATEMENT OF POLICY › Section 24.3 - Committee responsibilities

Current through Register Vol. 54, No. 28, July 13, 2024
As a functioning committee, the following guidelines will
						prevail:
(1) Committee meetings will
					 be open to the public and subject to public notice.
(2) The committee will decide the time and
					 place of the meetings, elect a chairperson and develop the meeting agenda in
					 consultation with the developer.
(3) When the committee is considering the
					 merits of a site search, the committee may recommend additional members to the
					 developer to represent host communities as the search for a site
					 narrows.
(4) The committee will
					 communicate regularly with the public through public announcements and a
					 mailing list, and the expenses of this communication will be paid by the
					 developer.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article III - Practice and Procedure › Chapter 24 - MODEL PROCEDURE FOR MEANINGFUL PUBLIC PARTICIPATION-STATEMENT OF POLICY › Section 24.4 - Process

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The developer
					 will do the following:
(1) Identify the
					 search area or specific sites to the committee. For the purpose of blind
					 evaluation, sites may be identified solely by characteristics rather than by
					 name or specific location.
(2)
					 Describe the process by which those search areas or sites were selected,
					 including proposals to mitigate concerns relative to Phase II of the siting
					 criteria.
(3) Describe the proposed
					 technologies or alternative technologies, or both.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 71 - ADMINISTRATION OF SEWAGE FACILITIES PLANNING PROGRAM › Subchapter A - GENERAL › Section 71.2 - Scope and time periods

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This
						chapter is adopted in accordance with the duties imposed upon the Department
						under the act and The Clean Streams Law and applies to municipalities, local
						agencies and delegated agencies administering the planning provisions of the
						act and to persons subdividing land or planning, designing or installing sewage
						facilities.
(b) This chapter
						governs the sewage planning requirements for sewage facilities being proposed
						by municipalities to resolve existing sewage disposal problems, to provide for
						the sewage disposal needs of new land development and otherwise to provide for
						future sewage disposal needs of a resident or landowner in a
						municipality.
(c) Time periods
						referred to in this chapter will be computed under
						1
						Pa.C.S. §
													1908 (relating to computation
						of time).
The provisions of this §
														71.2 amended under section 9 of
							 the Pennsylvania Sewage Facilities Act (35 P. S. §
															750.9); The Clean Streams Law (35 P. S.
							 §§
															691.1-691.1001); and section
							 1920-A of The Administrative Code of 1929 (71 P. S. §
															510-20).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 71 - ADMINISTRATION OF SEWAGE FACILITIES PLANNING PROGRAM › Subchapter A - GENERAL › Section 71.3 - Purposes

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter is separated into six subchapters:
(1) Subchapter A (relating to general)
						provides general background information.
(2) Subchapter B (relating to official plan
						requirements) provides a comprehensive sewage planning mechanism to identify
						and resolve existing sewage disposal problems, to avoid potential sewage
						problems resulting from new land development and to provide for the future
						sewage disposal needs of a municipality.
(3) Subchapter C (relating to new land
						development plan revisions) provides a mechanism for revising sewage facilities
						plans to provide for new land development.
(4) Subchapter D (relating to official plan
						requirements for alternative evaluations) provides the planning requirements
						for evaluating alternatives for sewage facilities.
(5) Subchapter E (relating to sewage
						management programs) provides the requirements for establishing sewage
						management programs.
(6) Subchapter
						F (relating to fees) provides for fees for the review of new land development
						sewage facilities planning modules.
The provisions of this §
														71.3 amended under section 9 of
							 the Pennsylvania Sewage Facilities Act (35 P. S. §
															750.9); The Clean Streams Law (35 P. S.
							 §§
															691.1-691.1001); and section
							 1920-A of The Administrative Code of 1929 (71 P. S. §
															510-20).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 71 - ADMINISTRATION OF SEWAGE FACILITIES PLANNING PROGRAM › Subchapter B - OFFICIAL PLAN REQUIREMENTS › GENERAL › Section 71.11 - General requirement

Current through Register Vol. 54, No. 28, July 13, 2024
Municipalities are required to develop and implement
							 comprehensive official plans which provide for the resolution of existing
							 sewage disposal problems, provide for the future sewage disposal needs of new
							 land development and provide for the future sewage disposal needs of the
							 municipality. Official plans shall be developed, submitted to the Department
							 for approval and implemented by municipalities under the act and §§
							 71.12-71.14, 71.21, 71.22, 71.31, 71.41-71.44 and Subchapters
							 C-F.
The provisions of this §
															71.11 amended under section 9 of
								the Pennsylvania Sewage Facilities Act (35 P. S. §
																750.9); The Clean Streams Law (35 P. S.
								§§
																691.1-691.1001); and section
								1920-A of The Administrative Code of 1929 (71 P. S. §
																510-20).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 71 - ADMINISTRATION OF SEWAGE FACILITIES PLANNING PROGRAM › Subchapter B - OFFICIAL PLAN REQUIREMENTS › GENERAL › Section 71.12 - Municipal responsibility to revise plans

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Municipalities shall review and revise
						  their official plans whenever the municipality or the Department determines
						  that the plan is inadequate to meet the existing or future sewage disposal
						  needs of the municipality or portion thereof.
(b) Two or more municipalities may jointly
						  submit a single official plan. The plan may be prepared by one of the
						  municipalities and submitted on behalf of participating municipalities if the
						  plan is adopted by resolution of the governing body of each municipality to
						  which it relates.
(c) The
						  existence, absence or content of a municipal or county subdivision ordinance or
						  regulation will not relieve the municipality of its duty to revise its official
						  plan as required by the act and this chapter.
(d) The proposed plan content shall be
						  consistent with the requirements of the act.
(e) The completed plan shall be submitted
						  within the time limits established by the Department under §
													71.13(a) 
						  (relating to Department responsibility to require official plan
						  revisions).
(f) In a civil or
						  administrative action taken under this chapter, the municipality shall have the
						  burden to establish that its official plan or proposed revision complies with
						  the requirements of this chapter.
This section cited in 25 Pa. Code §
															71.11 (relating to general
								requirement); and 25 Pa. Code §
															71.43 (relating to approval of
								grants).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 71 - ADMINISTRATION OF SEWAGE FACILITIES PLANNING PROGRAM › Subchapter B - OFFICIAL PLAN REQUIREMENTS › GENERAL › Section 71.13 - Department responsibility to require official plan revisions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department
						  will require a municipality to revise its official plan when it determines that
						  the plan does not meet the requirements of Subchapter D (relating to official
						  plan requirements for alternative evaluations) or the plan, or its parts, is
						  inadequate to meet the sewage needs of the municipality, its residents or
						  property owners or because of newly discovered facts, conditions or
						  circumstances which make the plan inadequate. Official plan revisions shall be
						  submitted within 120 days of the Department's determination under this section,
						  unless the Department finds that additional time is necessary to complete the
						  planning consistent with this chapter.
(b) The Department will notify the
						  municipality in writing of:
(1) The reasons
						  for requiring a plan revision.
(2)
						  Minimum plan content requirements as contained in §
														71.21 (relating to content of
						  official plans) and Subchapter D.
(3) Time limitations for plan completion,
						  including interim deadlines and compliance schedules the Department deems
						  necessary.
(4) The status of the
						  existing official plan.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 71 - ADMINISTRATION OF SEWAGE FACILITIES PLANNING PROGRAM › Subchapter B - OFFICIAL PLAN REQUIREMENTS › OFFICIAL PLAN PREPARATION › Section 71.21 - Content of official plans

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						  municipality shall submit a Task/Activity Report or other appropriate form
						  prior to preparation of an official plan to determine which of the planning
						  elements listed in this section are necessary to meet the specific needs of
						  that municipality. It is recommended that the municipality meet with the
						  Department prior to submitting the Task/Activity Report to the Department. A
						  determination does not constitute a final Department action until the completed
						  plan is submitted by the municipality and acted upon by the Department. If
						  applicable to the specific planning needs of the municipality, as determined by
						  the Department, the completed plan submitted to the Department shall:
(1) Describe and analyze the physical and
						  demographic characteristics of the planning area through the following:
(i) An identification and mapping of the
						  planning area boundaries and political subdivision boundaries.
(ii) An identification and mapping of the
						  physical characteristics of the planning area, including streams, lakes,
						  impoundments, natural conveyance channels and drainage basins.
(iii) A survey and a map and analysis of
						  soils and geological features.
(iv)
						  A listing of current population information and historical population
						  data.
(v) An identification of
						  wetlands as defined in Chapter 105 (relating to dam safety and waterway
						  management).
(vi) Identification of
						  the source of the potable water supply including the available capacity of
						  public supplies and aquifer yield for groundwater supplies.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 71 - ADMINISTRATION OF SEWAGE FACILITIES PLANNING PROGRAM › Subchapter B - OFFICIAL PLAN REQUIREMENTS › OFFICIAL PLAN PREPARATION › Section 71.22 - Coordination of official plans with Federally funded sewage facilities planning

Current through Register Vol. 54, No. 28, July 13, 2024
Planning for Federally funded sewage facilities under
							 Subchapter II of the Clean Water Act (33 U.S.C.A. §§
														1281-1299) or State Revolving Funding
							 under Title VI of the Water Quality Act of 1987 (33 U.S.C.A. §§
														1382-1387) shall meet the requirements
							 of §
													71.31 (relating to municipal
							 responsibility to review, adopt and implement official plans) and be approved
							 by the Department as a revision to the municipal official
							 plan.
The provisions of this §
															71.22 amended under section 9 of
								the Pennsylvania Sewage Facilities Act (35 P. S. §
																750.9); The Clean Streams Law (35 P. S.
								§§
																691.1-691.1001); and section
								1920-A of The Administrative Code of 1929 (71 P. S. §
																510-20).
This section cited in 25 Pa. Code §
															71.11 (relating to general
								requirement).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 71 - ADMINISTRATION OF SEWAGE FACILITIES PLANNING PROGRAM › Subchapter B - OFFICIAL PLAN REQUIREMENTS › OFFICIAL PLAN PREPARATION › Section 71.23 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 71 - ADMINISTRATION OF SEWAGE FACILITIES PLANNING PROGRAM › Subchapter B - OFFICIAL PLAN REQUIREMENTS › OFFICIAL PLAN PREPARATION › Section 71.24 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 71 - ADMINISTRATION OF SEWAGE FACILITIES PLANNING PROGRAM › Subchapter B - OFFICIAL PLAN REQUIREMENTS › OFFICIAL PLAN PREPARATION › Section 71.25 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 71 - ADMINISTRATION OF SEWAGE FACILITIES PLANNING PROGRAM › Subchapter B - OFFICIAL PLAN REQUIREMENTS › OFFICIAL PLAN PREPARATION › Section 71.26 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 71 - ADMINISTRATION OF SEWAGE FACILITIES PLANNING PROGRAM › Subchapter B - OFFICIAL PLAN REQUIREMENTS › OFFICIAL PLAN APPROVAL › Section 71.33 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024