PA Environment Digest Blog: Marcellus Drilling News: Senate Republican Leaders Urge DEP To Withdraw Environmental Justice Policy Saying They Lack Statutory Authority, And Out-of-State Groups Not Actual Residents Express EJ Concerns

Wednesday, December 6, 2023

On December 6, the Marcellus Drilling News published a November 30 letter from Senate Republican Leaders to DEP expressing their opposition to the Interim Final Environmental Justice Permitting Policy and urging DEP to immediately “withdraw this policy and work with the General Assembly to address environmental injustices that may exist in our communities….”

The Marcellus Drilling News reported both “Senate Republicans and the Marcellus Shale Coalition recently contacted the DEP, requesting the agency to pull back its new EJ policy regulation."

The MDN also posted the Marcellus Shale Coalition’s 36 pages of comments on DEP’s EJ Policy.

The Senate Republican letter began, “Governor Shapiro has indicated permitting reform is a primary goal of his administration. While we agree that reforming DEP’s difficult, lengthy, and unpredictable permitting process is necessary, this Policy represents a bold step in the opposite direction.

“This Policy will further complicate—rather than streamline—the permitting process in Pennsylvania. The Policy adds additional layers of regulatory requirements that will cost Pennsylvania jobs and new investments in our Commonwealth.

“Businesses and facilities located in environmental justice communities will face increased regulatory scrutiny in both permitting and compliance.

“In addition to the chilling effect the Policy will have on economic growth in Pennsylvania, DEP has exceeded its authority by putting forth the Policy despite the lack of any statutory authorization to do so.”

“The Policy mandates various additional opportunities for public outreach and public participation in the permitting process, which will add to existing permit delays and project costs.

“It further provides for increased scrutiny of ongoing operations in environmental justice communities, and provides for the imposition of new civil penalties when a violation occurs.

“In addition, the policy requires that the identification and mapping of environmental justice areas be updated every two years.”

Out-Of-State Interests, Not Residents

“Pennsylvania has already enacted some of the strongest laws in the nation to protect our communities from air and water pollution.

“Moreover, history has shown more often than not, it is out-of-state interest groups who appear to express their viewpoint on environmental justice issues rather than actual residents of the community.”

Withdraw Policy

“While we applaud the Shapiro administration’s objective of ensuring equity and environmental justice in the administration of DEP’s constitutional, statutory, and regulatory duties, such drastic reforms must be enacted through the legislative process.

“DEP unilaterally adopted this Policy and has been operating under its terms since September—long before the close of the public comment period.

“It is certainly ironic that DEP would adopt such a policy—which is intended to withhold permits from applicants who seek to do business in Pennsylvania unless and until they have received the requisite level of public input—while DEP itself has adopted this policy without considering any public comment or input.

“In light of all of the foregoing, we urge the DEP to immediately withdraw this policy and work with the General Assembly to address environmental injustices that may exist in our communities across the Commonwealth.”

The letter was signed by Senate President Pro Tempore Kim Ward, Senate Majority Leader Joe Pittman, Senate Appropriations Committee Chair Scott Martin and Gene Yaw, Majority Chair of the Senate Environmental Committee.

Click Here for a copy of the letter.

More History

The Department of Environmental Protection has been in the process of attempting to update its Environmental Justice Permit Review Policy since a revised draft was first published for comment in 2018.

The 2018 draft was developed with the help of nine listening sessions DEP held across the state in April and May of 2017.

Successive revised drafts were published and reviewed with the public and DEP advisory committees in 2021 and 2022.

DEP posted the current Interim Final EJ Policy and PennEnviroScreen Tool on its website August 17 and opened a public comment period on September 16 with a deadline for comments that was extended until November 30.

DEP started to implement the Interim Final Policy on September 16.

DEP held a total of 12 in-person and virtual hearings on the policy during the comment period.

DEP gave presentations on the policy to a variety of its advisory committees and DEP’s Environmental Justice Advisory Board also reviewed various drafts of the policy over the years and provided comments to DEP.

For a more detailed history and background on the current Interim Final EJ Policy and PennEnviroScreen Tool, visit DEP’s Environmental Justice Policy Revision webpage.

NewsClips:

-- Marcellus Drilling News: Marcellus Shale Coalition Analyzes PA DEP Enviro Justice Policy

-- PA Business Report: Senate Republicans Urge DEP To Withdraw Updated Environmental Justice Policy

Resource Links - Environmental Justice:

-- Republicans, Shale Gas Industry Oppose House Bill Requiring The Evaluation Of Cumulative Impacts Of Some New Pollution Sources On Communities Already Burdened By Pollution [PaEN]

-- House Committee Reports Out Bill Requiring The Evaluation Of Cumulative Impacts Of Some New Pollution Sources On Communities Already Burdened By Pollution; And Other Bills [PaEN]

-- DEP To Hold Last 3 Hearings On Interim Final Environmental Justice Permit Review Policy [PaEN]

-- 150+ Residents Of Chester Opposed To An LNG Natural Gas Export Facility Proposed In Their Community Let Their Feelings Be Known To The House Philadelphia LNG Export Task Force [PaEN]

PA Oil & Gas Industry Public Notice Dashboards:

-- PA Oil & Gas Weekly Compliance Dashboard - Dec. 2 to 8 -- 9 Abandoned Conventional Wells; Failure To Restore Shale Gas Pad; No Progress In Spill Cleanups [PaEN]

-- PA Oil & Gas Industrial Facilities: Permit Notices/Opportunities To Comment - December 9 [PaEN]

-- DEP Sets Jan. 23 Hearing On Transcontinental Gas Pipeline Frazer Compressor Station In Chester County [PaEN]