PA DEP Makes New Changes to Streamline Permitting and Oversight Functions – What Does It Mean for Future Projects?

Ask those in the energy industry about the process for gaining permit approval from the Pennsylvania Department of Environmental Protection (PA DEP), and they’re all likely to say the same thing. It can be unnecessarily cumbersome and inefficient.

When sending a permit application, even the smallest information, error or omission can lead to the PA DEP returning the application as “administratively incomplete” and forcing the applicant to resubmit. In many instances, the time to complete both the administrative review and subsequent technical review, and then secure a permit takes months or sometimes years. The red tape and staffing shortages have the tendency to considerably hinder progress on projects across the Commonwealth.

Over the past year, however, the PA DEP has worked to change that. And so far, early indications are promising for companies seeking to invest in the Commonwealth.

Already, the PA DEP’s Southwest Regional Office says that over the past year it has reduced its backlog of permits by more than 75 percent and cut the timeline for its review process on erosion and sediment control general permits by more than 220 days. This follows an announcement in January 2018 from Pennsylvania Governor Tom Wolf and the PA DEP, which announced a plan to reduce its backlog of permits, modernize permitting processes, and better utilize technology to “improve both oversight and efficiency.”

So far, the PA DEP was able to improve its process by adding personnel, cleaning up records, adding e-permitting and e-inspections, improving communications with applicants, and stressing the importance of accurate applications, according to the DEP’s director of the Southwest Regional Office, Ron Schwartz. The PA DEP recognized the issue was worsening and took steps to address it.

Now, additional changes announced in 2019 are set to streamline the state’s permitting process even further, without compromising the stringency or quality of its reviews.

New jurisdictions and a new Regional Permit Coordination Office

Early this year, the PA DEP shifted Armstrong and Indiana counties from the jurisdiction of its Southwest Regional Office in Pittsburgh to its Northwest Regional Office in Meadville, about 40 miles south of Erie. Effective as of January 10, 2019, any new permit application, reporting, and compliance issues related to sites in those counties is now regulated by the less burdened Northwest Regional Office.

The Northwest office now serves the counties of Butler, Clarion, Crawford, Elk, Erie, Forest, Jefferson, Lawrence, McKean, Mercer, Venango and Warren, as well as Indiana and Armstrong counties. Meanwhile, the Southwest office will continue to serve Allegheny, Beaver, Cambria, Fayette, Greene, Somerset, Washington and Westmoreland counties.

In addition to the county realignment, the PA DEP recently opened its new centralized Regional Permit Coordination Office (RPCO) to assist with permitting for large-scale, multi-county infrastructure projects, including pipelines and highways. The RPCO will now oversee construction permitting and coordination related to erosion and sediment control, and water obstruction and encroachment.

The six main areas where DEP permitting is required include construction projects that require Chapter 102 permits; water crossings that require Chapter 105 permits; construction of air emission sources, including power plants; industrial wastewater discharges; stormwater discharges; and drinking water and sewerage construction. Coal mining and radiation protection programs are unaffected by the changes as they are managed by different offices at the PA DEP.

What does this mean for future projects?

While the process changes, redistricting and the new RPCO likely won’t have the dramatic effect that a public-private partnership with the PA DEP would have had, which I’ve discussed at length here, this is absolutely a step in the right direction.

With more than 30,000 permit applications sent to the PA DEP each year, the hope is that these changes will prevent capital projects from leaving the region and eventually attract more industry and jobs to the area. The greatest value in expediting permit approvals is to provide Pennsylvania with more economic opportunities. The easier it is for the PA DEP to effectively and efficiently approve permits, the more potential there is for growth in Pennsylvania and the quicker infrastructure improvements can be made throughout the state.

David Spigelmyer, president of the Marcellus Shale Coalition, talked about how important pipeline production is to a more economically healthy Pennsylvania in a recent op-ed in the Observer Reporter.

“Pipelines – the safest, most efficient means of delivering critical fuels – are a catalyst for growth, as businesses need a reliable supply of energy to expand, add jobs and compete globally,” Spigelmyer said. “An investment in our nation’s energy infrastructure is an investment in a more secure future. Safe and reliable, pipelines not only deliver clean-burning affordable natural gas, but the economic growth and job opportunity that comes with it.”

Even with these changes, Pennsylvania DEP Secretary Patrick McDonnell was right to note that the industry will still need to work with regulators in the future to address opportunities to improve consistency in permitting applications. It’s these conversations that led to these changes in the first place.

Still, the process has no doubt been improved. These common-sense modifications to permitting procedure should empower energy businesses looking to invest in the state and, in turn, help deliver greater economic and employment benefits to more regions across Pennsylvania.