PA Environment Digest Blog: DEP Posts Draft Final Chapter 105 Environmental Assessment Alternatives Analysis; Will Discuss At Agricultural Advisory Board Meeting July 18

On July 11, DEP gave a presentation to the Citizens Advisory Council on the draft final Chapter 105 Environmental Assessment Alternatives Analysis technical guidance.

Click Here for the draft final version of the Guidance. Click Here for DEP presentation.

Chapter 105 regulations require applicants encroaching on waters of the Commonwealth, including wetlands to avoid and minimize impacts to those water resources. The application must include “a detailed analysis of alternatives to the proposed action, including alternative locations, routings or designs to avoid or minimize adverse environmental impacts” (25 Pa Code Section 105.13(e)(1(viii)).

The environmental assessment and the alternatives analysis is especially important to the decision making process for projects to be constructed in High Quality and Exceptional Value special protection watersheds.

Background - Chapter 105

Development of updated technical guidance on Chapter 105 Encroachment and Waterways Alternatives Analysis began in 2018 as a result of an appeal brought by the Clean Air Council, Delaware RiverKeeper Network and the Mountain Watershed Association involving the Mariner East Natural Gas Liquids Pipeline construction. Read more here.

After consultation with a variety of agency advisory committees, DEP proposed a draft technical guidance document for public comment in September of 2021. Read more here.

DEP said it received four comment letters on the proposal, including comments from the Marcellus Shale Coalition representing the shale gas industry and joint comments from the Clean Air Council, Delaware RiverKeeper Network, PennFuture and Mountain Watershed Association.

DEP has prepared a comment/response document and will be presenting its draft final Chapter 105 technical guidance to advisory committees in July. Read more here.

Background - Trenchless Pipeline Construction

DEP has been developing a related technical guidance-- also since 2018-- on Trenchless Pipeline Construction to outline policies, procedures and best practices for prevention of adverse environmental impacts from horizontal drilling techniques.

A proposed guidance was published for comment in March of 2022. Read more here.

DEP hopes to publish a final version of this guidance sometime in the fourth quarter of 2023 or early 2024. Read more here.

Ag Advisory Board Meeting

DEP will discuss the draft final guidance again with the Agriculture Advisory Board at a special meeting on July 18 in Room 105 Rachel Carson Building starting at 9:00 a.m.

Click Here for the agenda and instructions for joining the meeting remotely.

For available handouts and more, visit the DEP Citizens Advisory Council meeting. Questions should be directed to: Max Schultz maxschultz@pa.gov or Glenda Davidson at gldavidson@pa.gov or 717-783-4759.

NewsClip:

-- StateImpactPA - Susan Phillips: New Sinkhole Forms [Again] Along Mariner East Natural Gas Liquids Pipeline In Chester County

NewsClips:

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-- Community Environmental Legal Defense Fund: The Law Did Not Save Grant Township’s Water From PA General Energy Oil & Gas Wastewater Injection Well, The People Of Grant Did

-- StateImpactPA - Susan Phillips: New Sinkhole Forms [Again] Along Mariner East Natural Gas Liquids Pipeline In Chester County

-- Independent Fiscal Office Reports PA Natural Gas Production Peaked In 4th Quarter 2021 [PaEN]

-- US Energy Information Administration: 2022 Appalachian Natural Gas Production Flat With Productivity Declines In Key Counties In PA

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