Thursday, March 7, 2024

DEP Reports Progress On Permitting Reform; Reduces Permit Backlog By 41%

On March 7, the Shapiro Administration announced efforts to enhance and improve permitting are showing early success as the Department of Environmental Protection improves online permitting, online payment, and delivers on-time permit decisions. 

DEP has successfully implemented the PAyback program, the Shapiro Administration’s online money-back guarantee system and begun making significant progress in reducing backlogs and speeding up processing timelines. 

Through the PAyback program, led by the Office of Transformation and Opportunity (OTO) and the Commonwealth Office of Digital Experience (CODE PA), application fees are returned to applicants upon request if agencies don't take action on applications submitted on or after November 1, 2023 within set review timeframes. 

To date, DEP has not been required to refund a single application fee.  Read more here.

DEP has also pledged to address the backlog of permits that were overdue before the implementation of PAyback, and has seen a drastic reduction in the permit backlog. 

DEP has hired 15 new staff members dedicated to processing permits, thanks to investments from the 2023-24 budget signed into law by Governor Shapiro, and has utilized some staff working overtime when needed to address the backlog. 

Since hiring the additional staff members and cataloging and reviewing DEP’s nearly 800 available types of permits, DEP has reduced the backlog of permits by nearly 900 individual permits – or 41 percent – as of March 1, 2024. 

“Permit modernization is instrumental in establishing an excellent customer service model and providing support to all stakeholders through the permitting process," said DEP Interim Acting Secretary, Jessica Shirley. “As we continue to implement updates and enhancements, DEP will improve the user experience and the application and review process. At the same time, DEP will continue to protect human health and the environment and ensure compliance with Pennsylvania’s environmental laws and regulations.” 

DEP has also made it easier for businesses to upload documents and payments for permit applications electronically. 

Applicants can now use DEP's Public Upload, a new service which allows individuals, small businesses, and corporations to electronically upload documents and payments. 

DEP's Public Upload system was implemented in December 2023, and since then, more than 7,100 documents have been submitted, collecting more than $600,000 in revenue. 

Electronic submissions are the most efficient way to submit documents, providing for the fastest review timeframes for authorization, and enhanced security.  

“Governor Shapiro has made clear that Commonwealth agencies need to streamline permitting and enhance their customer experience to demonstrate that Pennsylvania is open for business,” said Chief Transformation Officer Ben Kirshner. “DEP is leading the way by changing how it does business, reducing its backlog and improving how it interacts with permit-seekers, while continuing to vigilantly protect our environment.” 

Additional initiatives underway at DEP as part of permit modernization include-- 

-- Finalizing a pilot program to evaluate new procedures that will improve the quality of submissions and review efficiency of Chapter 102 Individual National Pollutant Discharge Elimination System (NPDES) permit applications. 

This pilot program is expected to reduce the review timeframe by 73 business days and improve the quality of applications received.  [The 73 days includes the mandatory 30 day public comment period.]

-- Creating a quarterly Agriculture Permitting Stakeholder Roundtable to engage farmers, conservation district managers, owners, operators, producers, and consultants to collect feedback on permitting processes.

-- Formalizing a pre-application meeting process to better-inform potential applicants of the permitting process and the specific permits they need. The Permit Application Consultation Tool (PACT) is available online.

-- Undergoing User Experience (UX) research with key stakeholders that will provide useful insights into what they need and value during the application process. The goal of the customer experience initiative is to understand and improve the applicant’s experience and reduce bottlenecks in review. 

DEP aims to complete more projects in the coming months. DEP will provide updates to the public on process improvements and related review timeliness data as projects are completed. 

For more information on environmental programs in Pennsylvania, visit DEP’s website, Report Emergencies, Submit Environmental Complaints; Click Here to sign up for DEP’s newsletter; sign up for DEP’s eNotice; visit DEP’s BlogLike DEP on Facebook, Follow DEP on Twitter and visit DEP’s YouTube Channel.

Resource Links - Permitting:

-- DEP: No Applicants Have Asked For Their Money Back Yet Under The PAyback Permit Review Money Back Guarantee Program  [PaEN]

-- Governor’s Office Releases List Of DEP, Other Agency Permits Included In PAyback Permit Fee Refund Program And Review Deadlines  [PaEN]

-- Recap Of DEP Budget Hearing With Permitting Update [PaEN]

-- DEP FY 2024-25 Budget Testimony With Permitting Update [PaEN]

-- DEP Took Action On 893 Permits, 97% Within Permit Decision Guarantee Deadlines; Conducted 1,634 Inspections; Responded To 8 Emergencies During Week Ending March 3 

NewsClips:

-- PennLive - Jan Murphy: Shapiro’s Money-Back Guarantee For PA Permits, Licenses Is Working [DEP Used As Example]

-- Scranton Times: DEP: Water Company’s Silt Pollution Of Waterways Violated State Law

-- TribLive: Westmoreland County Exits Drought Watch; Water Conservation continues For Beaver Run Reservoir Users 

Related Articles:

-- DEP Imposed $422,365 In Penalties On 14 Conventional Oil & Gas Well Operators In 2023 For Abandoning Wells, Spills, Venting Gas; 93 Operators Cited For Abandoning 271 Wells  [PaEN]  

-- DEP Declares 101 Medina Res Dev Co. LLC Conventional Oil & Gas Wells Abandoned, Not Plugged In Crawford, Erie Counties On March 5  [PaEN] 

-- DEP Oil & Gas Advisory Board Meets March 19 On Drinking Water Supply Impacts From Drilling; New Financial Assurance Strategies To Prevent Abandonment; Draft Spill Policy; Injection Well Primacy; Much More  [PaEN]  

-- DEP: All Counties Now Back To Normal Status, All Drought Watches, Warnings Lifted  [PaEN]  

-- DEP Newsletter Highlights Community Projects; Hazardous Sites Cleanup; Upcoming Events  [PaEN] 

-- DEP Chesapeake Bay Update: Conservation District 2023 Accomplishments; Grants Coming Up; County Accomplishments; Much More  [PaEN]  

[Posted: March 7, 2024]  PA Environment Digest

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