DEP To Propose Changes To EQB Rulemaking Petition Process At Oct. 13 Citizens Advisory Council Meeting

The Department of Environmental Protection will unveil proposed changes to the Environmental Quality Board rulemaking petition process at the October 13 meeting of the DEP Citizens Advisory Council.

Also on the agenda is an update on agency activities by DEP Secretary Jessica Shirley and a presentation on drinking water contaminants of emerging concern by Maya Halma and Brianne Callahan from the University of Pennsylvania.

Rulemaking Petitions

The EQB has had the authority to accept rulemaking petitions from anyone since October 10, 1980 when the General Assembly amended the Administrative Code of 1929 with this authority in Section 1920-A (h) as part of the process for obtaining federal primacy under the federal Surface Mining Control and Reclamation Act.

The process has become controversial with some as a result of the petition submitted by citizen and environmental groups to increase setbacks from shale gas well pads. Read more here.

In a comment related to the setback petition, Rep. Joshua Kail (R-Beaver) said at DEP’s budget hearing last March he thought it was “outrageous” DEP has a process where any citizen can petition the agency for a change in its regulations.  Read more here.

In July, PA House Republicans announced a package of energy legislation that included eliminating the EQB’s rulemaking petition process. Read more here.  Rep. Jonathan Fritz (R-Wayne) has not yet introduced the bill. 

[Note: Pennsylvania Constitution, Article I, Section 20: "The citizens have a right in a peaceable manner to assemble together for their common good, and to apply to those invested with the powers of government for redress of grievances or other proper purposes, by petition, address or remonstrance."]

Recommended Changes

DEP’s petition presentation outlines proposed changes to the petition process--

-- DEP’s criteria for its initial review of a petition does not change, does add a criteria for DEP to estimate staff resources and time needed to complete petition evaluation, as well as if external contracting would be necessary;

-- Add discussion of how parties would be impacted, including economic impact;

-- Discuss impacts to state and local government, and small businesses;

-- Clarify that if the petitioner does not submit a complete or modified petition within 30 days, it is deemed withdrawn;

-- Change to the time frame for completing the report - remove 60-day period and replace with the estimated time frame DEP provides to EQB when petition is accepted for study

-- Change time to develop proposed rulemaking from 6 months to 12 months, to allow for advisory body consultation and

-- Include a defined procedure for withdrawing and resubmitting petitions.

Click Here for draft revisions to the rulemaking petition process.

Public Comments

Individuals interested in providing public comment during the meeting must sign up 24-hours in advance of the meeting by contacting Ian Irvin at iirvin@pa.gov. 

Joining The Meeting

The meeting will be held October 13 in Room 105 of the Rachel Carson Building in Harrisburg starting at 12:30 p.m.  

Click Here for procedures on the Agenda to join the meeting online or by telephone. 

Visit the DEP Citizens Advisory Council webpage for available handouts and more information.  Questions should be directed to Ian Irvin, Executive Director, at iirvin@pa.gov. 

[Posted: October 3, 2026]  PA Environment Digest