Tuesday, November 19, 2024

DEP Reduces Permit Backlog By 75%, Completely Eliminates Backlog For Oil & Gas Permits; You Can’t Blame DEP Anymore For Project Delays

On November 19, the Shapiro Administration announced the Department of Environmental Protection has reduced its permit backlog by 75 percent since November 1, 2023 – and has completely eliminated the backlog for oil and gas permits.

“At DEP we are moving at the speed of business – taking care of backlogged permits and not adding to the list – while protecting clean air and water and public health,” said DEP Acting Secretary Jessica Shirley. “We’ve invested in people and technology to meet the needs of the people and businesses of Pennsylvania and those investments are paying off.”

DEP reviews more than 45,000 permit applications every year. These include permits for land clearing activities for construction projects, air quality permits for factories and power plants, permits to upgrade drinking waters systems to remove chemicals like PFAS, and permits for oil and gas wells.

DEP is modernizing its permitting process by investing in technology and reviewing processes to identify and eliminate bottlenecks. 

You Can’t Blame DEP Anymore

At an earlier event this same day, Gov. Josh Shapiro signed Executive Order 2024-04, creating the PA Permit Fast Track Program to streamline the Commonwealth’s permitting process for key economic development and infrastructure projects, increase transparency, and accelerate timelines to ensure state government delivers results quickly and efficiently.  [Read more here.]

He had this to say about DEP and faster permit turnaround times--

“Special thanks to Secretary Shirley of the Department of Environmental Protection who joins us here today in the front row,” said Gov. Shapiro.. “DEP, reduced the permit backlog by 75%-- 75%. That is extraordinary. 

“Now, listen, I've been around a while here working in the Commonwealth of Pennsylvania. Folks love to blame DEP for every issue they have when they're building a project. 

“You can't blame Secretary Shirley anymore.

“She is moving at the speed of business and getting it done, and we are grateful to you for your commitment on that.

“I would also note that none of those three refunds that we had to issue through the Payback system came out of DEP's pockets.  [Read more here]

“They've issued every permit on time. So that's the first thing that we did in order to speed up our process.

“Second, I signed a new law this summer, a law that was brought about with Republican and Democratic votes to take the progress that we've seen at DEP and actually supercharge that and go even further.  [Read more here.]

“The law known as the SPEED [Streamlining Permits for Economic Expansion and Development] Program puts real resources into DEP to make permitting even faster, and even smoother than before,” said Gov. Shapiro.

Cut Permit Backlog By 73%

DEP began the backlog reduction initiative on November 1, 2023, and had more than 2,400 permit applications that required action received prior to that date. 

As of November 15, 2024, DEP eliminated 1,750 applications from this backlog – a 73% reduction, while keeping up with new application reviews. 

Eliminated Oil & Gas Backlog

In the Office of Oil and Gas Management, staff have reviewed and made decisions on all 115 permit applications received before November 1, 2023.

More Resources

Throughout the Shapiro Administration, DEP has been hiring staff to improve operational efficiency. Since 2023, DEP has added 225 employees to carry out critical functions like public health and safety inspections and permit application reviews.

Gov. Josh Shapiro and the General Assembly approved $7 million for technology updates and upgrades in the 2024-25 state budget, which will be used to increase transparency for permit applicants and residents and improve DEP’s record keeping systems.

Other Permit Initiatives

DEP will also implement the SPEED [Streamlining Permits for Economic Expansion and Development] program, which was part of the bipartisan 2024-25 budget. 

The SPEED program will offer increased flexibility, allowing permit applicants to have a DEP-verified and qualified professional conduct the initial review of the application. 

DEP staff will review the recommendations of the qualified professional and either make a final permit decision or identify technical deficiencies to the applicant. 

DEP will have final authority over all permit decisions. 

Applicants for eligible permits will agree to pay any review fees incurred by the qualified professional, in addition to permit application fees.

Invitations for Bids are being accepted through the Pennsylvania eMarketplace for the qualified professionals to review SPEED permit applications.  [Read more here.]

The SPEED program will be available for certain Air Quality Plan Approvals, earth disturbance, dam safety, and individual water obstruction and encroachment permits.

DEP has sped up its permitting process through the PAyback program, which went into effect in November 2023 that assures a moneyback guarantee for permit applicants if their application is overdue.  [Read more here]

 Since going into effect, DEP has evaluated and decided on more than 40,000 permits without having to refund a single application fee.

Chapter 102 & 105 Pilot Programs

DEP is continuing to identify process improvements in its permitting programs.

 In May 2024, DEP launched a pilot program for Chapter 102 Individual National Pollutant Discharge Elimination System (NPDES) Permit applications in ten counties.  [Read more here]

The goal of the pilot program was to reduce overall time between application and decision. 

This pilot program is already showing results, with one permit application submitted through the program receiving approval 73 days quicker than the average review time.

DEP has also significantly improved the Chapter 105 Water Obstruction and Encroachment General Permit registration process by updating the registration form and instructions to make them easier to understand. 

DEP also launched a new Chapter 105 Pilot Program for individual Joint Permit Applications that should reduce errors in applications and cut the total time to process an application by 63 days. 

Similar to the Chapter 102 Pilot Program, applicants will need to meet with DEP prior to submitting a permit application. 

The Chapter 105 individual Permit Pilot Program will give review priority to publicly funded energy projects and environmental restoration projects.

Click Here for the complete announcement.

Visit DEP’s Permit Modernization webpage for more information on these initiatives.

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.

Related Article - Permitting:

-- Gov. Shapiro Signs Executive Order Creating PA Permit Fast Track Program; Can't Blame DEP Anymore For Delaying Projects  [PaEN] 

Resource Links:

-- DEP Now Accepting Qualified Professional Bids As Part Of SPEED Permit Review Program  [PaEN] 

-- DEP Launches Pilot Program In 10 Counties To Speed Up Processing Chapter 102 Erosion & Sedimentation Permits Starting May 1  [PaEN] 

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

-- Senate Republicans Pass Bill Authorizing An Authority To Take Over Permitting Large-Scale Energy Projects; Eliminating Public Comment; Waiving Any Regulation; Providing Immunity From Prosecution; Barbers Reviewing Permits?  [PaEN]

-- PA House Republicans Introduce Bill Creating An Energy Advocate With Power To Veto Any Action By Any State Agency That Harms Energy Reliability, Affordability.  [PaEN]

NewsClip:

-- PA Sen. Joe Pittman: Senate Republicans Spearheading PA Permitting Reforms

PA Oil & Gas Industry Public Notice Dashboards:

-- PA Oil & Gas Weekly Compliance Dashboard - Nov. 16 to 22 - $5.257 Million In Penalties; Conventional Well Owners Issued More Violations Than All Of 2023; More Abandoned Wells; Failure To Submit Shale Gas Reports  [PaEN]

-- EPA, Justice Dept., DEP Announce $5.275 Million In Penalties, Plus $1.4 Million In Abandoned Well Plugging Funding Against Shale Gas Drilling Companies-- XTO Energy, Inc., Hilcorp Energy Company For Federal, State Clean Air Act Violations  [PaEN]

-- DEP So Far In 2024:  6,907 Violations Issued To Owners Of Conventional Oil & Gas Wells - 153% More Than In 2021;  833 Violations For Abandoning Their Wells -- Exceeding All Of 2023  [PaEN]  

-- Oil & Gas Wastewater Release At Bear Lake Properties Injection Well In Warren County Went Unreported For 109 Days; More Contamination Discovered Along Related Wastewater Pipeline Route  [PaEN]

-- PA Oil & Gas Industrial Facilities: Permit Notices, Opportunities To Comment - November 23 [PaEN] 

-- DEP Prints Corrected Notice Inviting Comments On New Air Pollution Permit For Revolution Natural Gas Cryogenic Processing Plant In Washington County; Plant Suffered Major Explosion, Fire In 2022  [PaEN] 

-- DEP Posted 60 Pages Of Permit-Related Notices In November 23 PA Bulletin  [PaEN]  

Related Articles This Week:

-- DEP Oil & Gas Advisory Board Meets Dec. 5 On Methane Emissions Reduction; Federal Plugging Program; Injection Well Primacy; Financial Assurance; Drilling & Permitting Activity Impacts On DEP Budget   [PaEN] 

-- Pine Creek Headwaters Protection Group Update: Industrial Shale Gas Development In Tioga State Forest Prioritizes Industry Profit Over Constitutional Mandate To Preserve, Protect State Forest Lands  [PaEN] 

-- Susquehanna River Basin Commission Meets Dec. 12 On New Fee Schedule; Water Withdrawals, Including 4 Shale Gas; New General Permit For Into-Basin Diversions  [PaEN] 

-- Susquehanna River Basin Commission Approved 42 Shale Gas Well Pad Water Use General Permits In October; 274 General Permits So Far In 2024  [PaEN] 

-- DEP Reduces Permit Backlog By 75%, Completely Eliminates Backlog For Oil & Gas Permits; You Can’t Blame DEP Anymore For Project Delays  [PaEN] 

-- Guest Essay: Protecting Public Health Means Enforcing Environmental Regulations While Helping Businesses Thrive - By Jessica Shirley, Acting DEP Secretary  [PaEN]

-- Gov. Shapiro Signs Executive Order Creating PA Permit Fast Track Program; Can't Blame DEP Anymore For Delaying Projects  [PaEN]

-- DCNR Speeds Up Endangered, Threatened Species Environmental Permit Review Times, ATV Permitting, Ginseng Certification  [PaEN] 

-- DEP Publishes Updated Non-Regulatory Agenda Showing Technical Guidance Documents In Development  [PaEN]  

-- PUC To Host Nov. 25 Technical Conference On Adequacy Of Electricity Supplies In Pennsylvania  [PaEN]

NewsClips:

-- National Review: Northeast Pennsylvania Needs Natural Gas - New Congress, New Federal Administration Should Overturn Delaware River Basin Commission Moratorium On Shale Gas Fracking - By Jason Adams  [PDF of Article

-- Marcellus Drilling News: Bear Lake Shale Gas Wastewater Injection Well Leak Went Undiscovered For 109 Days [PDF of article]  

-- Post-Gazette - Anya Litvak: Exxon And Hilcorp Shale Gas Drillers Settle Environmental Violations With Millions In Fines And Promised Air Quality Benefits 

-- Pittsburgh Business Times: PA Environmental Groups Urge Biden To Keep Block On LNG Gas Export Projects  [PDF of Article

-- Environmental Health Project Releases 2024 Year In Review [Shale Gas Drilling Health Impacts] 

-- Erie Times Letter: A Boon? Consider The Price Pennsylvania Pays For Fracking - By Katie Jones, FracTracker Alliance, Johnstown

-- Marcellus Shale Gas Coalition: David Callahan To Retire At End Of Year; Jim Welty To Take Over As President 

-- Pittsburgh Business Times: Current, Future Marcellus Shale Gas Coalition Leaders Talk Industry [Patrick Henderson Promoted To VP]  [PDF of Article]

-- Post-Gazette - Anya Litvak: Marcellus Shale Gas Coalition Announces New Leadership In New Year

-- PA Independent Oil & Gas Assn.: Shapiro Signs Executive Order Aimed At Streamlining Permit Process For Infrastructure Projects

-- WHYY - Susan Phillips: Climate Activists Criticize Exclusion From Philadelphia Gas Works Budget Process, Propose New Rules

-- Lancaster Farming: Game Commission’s New Plan To Spend Shale Gas Drilling Lease Royalties Applauded By Sen. Martin  

-- The Allegheny Front: Fairmont, WV Residents Press Agencies On Explosion, Fire At Oil & Gas Waste Process Site Last Year Owned By PA Company

-- Utility Dive: State Ratepayer Advocates Press FERC For PJM Capacity Market Changes, Citing ‘Crushing’ Prices [Not PA’s Consumer Advocate] 

-- Reuters: Gauging The Likely Republican Effect On US Energy, Power Sectors  [PDF of Article

-- WSJ: Republican Oil & Gas Donors Don’t Really Want To ‘Drill, Baby, Drill’  [PDF of Article]

-- The Economist: New Republican Administration’s Natural Gas War Is About To Begin  [PDF of Article

-- Institute For Energy Economics & Financial Analysis: New Fortress Energy, Leader Of LNG Gas Export Growth Bubble, Facing Bankruptcy [Proposed Building Facilities In PA] 

-- Reuters: Freeport Texas LNG Gas Export Facility Shuts Down 1 Of 3 Liquefaction Lines Due To High Air Pollution Emissions Lasting 11 Hours 

-- Bloomberg: Asian LNG Gas Prices Jump To Highest This Year Following Europe’s Rise

-- Reuters: US LNG Gas Exports Primed To Jump As Price In Europe Hits One-Year High 

-- Reuters: US Natural Gas Drillers To Lift 2025 Output, Reversing Year Of Cuts- US EIA

-- Bloomberg: China’s Surging LNG Gas Imports From US Threatened By Next Trade War

-- Reuters: LNG Gas Tankers Divert To Europe From Asia After Russia Halts Supplies To Austria  [11.18.24]

-- Bloomberg: LNG Gas Traders Choose To Pay Penalties For Not Shipping Gas To Germany To Chase Higher Profits In Asia  [10.1.24]

[Posted: November 19, 2024]  PA Environment Digest

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