Wednesday, June 28, 2023

DEP Citizens Advisory Council Meets July 11 On Programs To Promote Use Of Electric Vehicles; Chapter 105 Environmental Assessment Alternatives Analysis

Citizens Advisory Council is scheduled to meet July 11 to hear presentations on initiatives by PennDOT and DEP to promote the use of electric vehicles in Pennsylvania

Also on the agenda is a presentation on technical guidance being developed by DEP to implement the Chapter 105 Environmental Assessment Alternatives Analysis.

Chapter 105 Alternatives Analysis

Andy Klinger and Andrew McDonald from DEP’s Bureau of Waterways Engineering and Wetlands will provide an update on the Alternatives Analysis Guidance.

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

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.

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 technical guidance to advisory committees in July.  Read more here.

DEP hopes to publish a final version of the Alternative Analysis Guidance sometime in the third quarter of 2023.  Read more here.

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.

DEP Report To Council

Also available is DEP’s written report to Council on recent agency actions and activities.

Public Comment Period

There will be a public comment period as part of the Council meeting.  

So far, these individuals have signed up to offer comments: Lisa Johnson, Lisa Johnson & Associates; Tom Pike, Protect PT; and Lois Bower-Bjornson, Clean Air Council.

Individuals interested in providing public comments during the meeting must sign up prior to the start of the meeting by contacting Max Schultz at

Joining The Meeting

The meeting will be held in Room 105 Rachel Carson Building starting at 12:30 p.m.  The meeting will be available online via Microsoft Teams [Click Here to join via ID: Meeting ID: 278 086 420 301 Passcode: A8vKsH] and by phone: +1 267-332-8737 410 283 670#

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

PA Oil & Gas Public Notice Dashboards:

-- Pennsylvania Oil & Gas Weekly Compliance Dashboard - June 24 to 30 - Radiation Levels Prompt Shale Gas Wastewater Tank Decontamination; Replugging Conventional, Shale Gas Wells  [PaEN] 

-- PA Oil & Gas Industrial Facilities: Permit Notices/Opportunities To Comment -  July 1   [PaEN] 

-- DEP Posts 57 Pages Of Permit-Related Notices In July 1 PA Bulletin  [PaEN] 


-- Children’s Health Defense News: For Decades He Railed Against Fracking In Washington County - Now His Wife Has A Type Of Cancer Linked To Fracking Chemicals

-- Capital & Main - Audrey Carleton: Who Is Blocking Climate, Oil & Gas Bills In Pennsylvania? 

-- TribLive: Concerns Over Proposed Invenergy Natural Gas-Fired Power Plant In Elizabeth Township To Be Aired Tuesday, June 27 

-- TribLive: Opposition Continues On Proposed Natural Gas-Fired Power Plant On Yough River

-- The Center Square - Anthony Hennen: PA’s Natural Gas Act 13 Impact Fee Boom Year May Go Bust Next Year

-- Observer-Reporter Letter: Act 13 Drilling Impact Fees Don’t Help Those Impacted By Gas Drilling - By Cathy Lodge, Washington County 

-- Observer-Reporter Letter: The Definition Of Insanity - Have Qualified Stewards Of Our Health, Environment, Learning, Play Spend Washington County’s $9 Million In Act 13 Impact Fee Money

-- Natural Gas Intelligence: Federal Court Voids Chesapeake Energy Settlement In PA Natural Gas Royalty Dispute

-- Vermont State Police: Joint Investigation Into June 1 Natural Gas Tanker Fire Finds Truck Was Destroyed And Damaged U.S. Route 7 In Ferrisburgh Was The Result Of Mechanical Failure

-- Wall Street Journal: Cheaper Natural Gas Prices In Store This Summer; Earlier Price Spikes Driven By Europe’s LNG Imports

Related Articles This Week:

-- Senate Overwhelmingly Confirms Richard Negrin As Secretary Of DEP  [PaEN]

-- House Democratic Leadership Blocks Environmental Committee Action On Bills Increasing Safety Zones Around Natural Gas Facilities, Cryptocurrency Permit Moratorium  [PaEN] 

-- Environmental Quality Board Meets July 11 To Consider Changes To Water Quality Standards; DEP Reports Law Limiting Its Authority To Change Conventional Oil & Gas Well Bonding May Be Unconstitutional [PaEN]

-- DEP Citizens Advisory Council Meets July 11 On Programs To Promote Use Of Electric Vehicles; Chapter 105 Environmental Assessment Alternatives Analysis  [PaEN]

-- Independent Fiscal Office Projects 2023 Act 13 Shale Gas Drilling Impact Fee Revenue At $180 to $184 Million, A Drop Of $94 Million From 2022 Revenue  [PaEN] 

-- Pennsylvania Groups Call For Transparency With State Plans For Carbon Capture, Storage  [PaEN]

[Posted: June 28, 2023]  PA Environment Digest

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