Many communities and citizens are not aware that a state law passed in 1984 gives them the first chance to comment on Department of Environmental Protection permit applications even before they are submitted to the agency.
Act 14 requires applicants to submit notices to municipalities and counties for air quality, water obstruction (Chapter 105), any permit issued under the Cleans Streams Law (including Chapter 102, stormwater, NPDES, many more), any solid waste and hazardous waste, land recycling and water allocation permits.
These notifications, sent by registered mail, must give municipalities and counties at least 30 days to comment to DEP and in the case of solid waste and hazardous waste at least 60 days, according to the law.
Without proof Act 14 notices were sent to municipalities and counties within the required timeframe, a DEP permit application is not complete and DEP cannot review it.
And the notices must be sent each time an applicant wants to modify, renew or expand what their applications cover, so there can be a lot of them.
For those interested in the oil and gas industry, these notices cover almost every aspect of developing oil and gas drilling well pads and all gas infrastructure-- pipelines, gas processing plants, water and wastewater storage facilities, pigging and metering stations and more.
Not covered are permits related to coal mining.
Unfortunately, many communities and citizens are not aware they have this opportunity to comment very early in the permit review process, particularly related to compliance with local land use ordinances.
The wording of some notices by companies also gives the impression there is no opportunity to comment on what’s going on, but there is.
The Environmental Integrity Project is trying to change that.
A Seat At The Regulatory Table
Lisa Graves Marcucci, PA Coordinator For Community Outreach for the Environmental Integrity Project, said local officials and citizens don’t know the power of receiving Act 14 notices.
She is based in Southwest PA and used Jefferson Hills, her community, as an example.
“I had just talked to them and I said, ‘Be on the lookout. These shale gas operations are starting to pop up in more of the suburban areas.’”
“Then I got an email from one of the councilmen.”
“It [Act 14 notice] was for EQT and they were notifying Jefferson Hills, the host municipality, that they were going to put a well pad in. That parcel was not zoned for oil and gas.
“So I notified them [Jefferson Hills] right away and I said, "You need to tell the DEP that is not the proper land use."
“And as a result of them doing that, EQT had to withdraw that application.”
“I tell that story everywhere because unless somebody's had a reason to immerse themselves in what is Act 14 and how it really works, they let these opportunities go by.”
“There was a little tiny community in Western Pennsylvania in the heart of the shale gas build out. And I went in to do a file review, tiny little community.
“And I said something about Act 14, and I described it to her and the secretary said, ‘Oh, you mean this.’ She took me into the adjacent room. There was a mound of them piled up, unopened on her desk.”
“I find that people are receptive when I approach them and say, ‘Did you know how important they are? Did you know the value of engaging on these notice letters?’’
“And most importantly, "Did you know that you're going to get multiples of these? Don't ignore them. It means something new each time. You need to weigh in each time."
“Most of the communities are eager to know that information.”
The Environmental Integrity Project has put together a fact sheet on the Act 14 notification process and the opportunities it gives communities.
Click Here for one model Act 14 letter recommended by DEP (but not the only one).
Process For Handling Notices
Act 14 notices are coming in the door to municipalities right now and they will continue to come for DEP permit applications all across the state.
“Then they'll ask, "What can we do?" said Graves Marcucci.
She said every community should have a process for handling Act 14 notices, especially since they are something a municipality and county has to formally sign for as proof of delivery from the permit applicant.
“It varies on what the community wants, how they want to handle it. But in each and every case, when we try to explain to them, this is the importance, this is why, this is how, most of them will step up and say, ‘Oh, I didn't know that.’ And they'll make some changes.”
“There should be a protocol for what to do with these-- Who do you notify? Get it to the solicitor. Get it to the engineer. There should be eyes on these immediately,” she recommended.
She also said part of the process should be making the notices available to the public.
A community in Washington County has a system where they have them printed out and have them ready to go at each of their public meetings.
Another prints them out and has them in the welcome area of the municipal building.
“When you have a project that comes through your community, you should start a file. A lot of them still have to keep the paper. The solicitors want them to keep the paper, so keep a paper file and then an electronic file, or put them on your website or whatever.
“You need to have people help you track these because, especially with shale gas build out, there are modifications all the time and they should be observing what they are, weighing in where they need to, asking questions,” said Graves Marcucci.
Contact DEP Early
She also encourages local officials to call DEP right away with any concerns they have about an application, not just land use.
Each DEP Regional Office has a Local Government Liaison whose job it is to be a point of contact with local governments.
“I think a lot of times they [municipalities] just don't understand it's the beginning of a process that they can get a seat at the table. It's not a confrontational kind of seat. It's just you want a seat at the table to learn more information, and most importantly, convey [information] to the department,” she explained.
“Like Jefferson Hills did, that was not the appropriate land use. They would never have gotten approved for that. So there's no sense in the state approving a permit for that. They're just not going to get local approval for it. So it saves taxpayers money,” said Graves Marcucci.
“I think that at least the folks that I've dealt with at the DEP appreciate that because they said, ‘Look, we're having the applicant notify, but we assume everything's okay unless someone puts their hand up and says, 'Wait, I have a question.'"
“So I think they appreciate knowing that. So I think, and I always tell people, ‘Look, this is not to be confrontational. This is your moment. They've designated this time for you to review it and let them know and they want that information,’” said Graves Marcucci.
Click Here for DEP guidance on considering local land use in its permit decisions and the Act 14 notices.
Local Governments Need Time To Respond
Graves Marcucci said sometimes Act 14 notices are sent between municipal voting meetings and the deadline can expire before communities can comment.
“There's two things that I've been working on, and this has been over the years. I'm always hoping that the window can be expanded out to 60 days [for all permits]. And here's why.
“A lot of these letters come in the day after, or the week after, their monthly voting meeting. And they're not going to call a special meeting because it costs money.
“And so they're reluctant to weigh in or they don't weigh in or they say, ‘Oh, well, we don't have a say in that.’
“But if the window was, you notice and the township has 60 days to reply to the department, that would be more helpful. Because I've seen it happen time and time again. They're scrambling to try to put in a response to the DEP.
“They [might] need to vote to authorize the solicitor to do something or the engineer to do something. And if they're not there to physically vote, they won't do it and they might miss an opportunity,” said Graves Marcucci
“I just feel like in order for the municipalities to have the proper procedures in place to vet the letter and the information, check it against their zoning and land ordinances, and have the appropriate people respond, they're going to need a little bit more time, even if 45 days, so that it can overlap two meetings.”
Bottom Line
“I think it's a door that everybody should open and walk through and have those communications with the DEP staff in whatever program they're in. I think that having that two-way conversation makes it better for everybody,” said Graves Marcucci.
“The state has a better idea of what's on that parcel and what needs to be protected, and also what's off the table based on if the community has land use ordinances that restrict certain things in certain areas.
“So I think it comes under the category of good communication and transparency from the start. And that's what I think the Act 14s are designed to do,” said Graves Marcucci.
Questions?
If you have questions about the Act 14 notice process, contact Lisa Graves Marcucci, PA Coordinator For Community Outreach, Environmental Integrity Project, by sending email to: lgmarcucci@environmentalintegrity.org.
A fact sheet on the Act 14 notification process and the opportunities it gives communities is also available.
Additional Resources
Sign up for DEP’s eNOTICE service which sends you information on oil and gas and other permits submitted to DEP for review in your community.
Municipalities and citizens can also contact DEP’s Regional Environmental Justice representatives for enhanced public involvement in the state’s environmental justice areas.
Related Article This Week:
-- DEP Issues $1.1 Million Civil Penalty To Equitrans For Violations Related To The Uncontrolled Venting Of 1.1 Billion Cubic Feet Of Gas From The Rager Mountain Gas Storage Area In Cambria County [PaEN]
-- New Penn State Study Shows Continuous Radioactive Radium Exposure From Oil & Gas Wastewater Poses A Threat To Aquatic, Human Health As It Accumulates In Aquatic Species [PaEN]
-- The Derrick: State Intervenes In Venango Water Case [Fallout Continues From Conventional Oil Well Wastewater Spill] [PaEN]
-- Environmental Hearing Board Allows 2nd Appeal Of Tri-County Landfill Permit To Move Forward Over Threats Posed By Birds, Radioactive Oil & Gas Waste [PaEN]
-- Better Path Coalition Hosts April 19 Virtual Brown Bag Briefing With Justin Nobel On His New book About Radioactive Waste From The Oil & Gas Industry [PaEN]
[Posted: April 9, 2024] PA Environment Digest
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