By Martin Siegel
The Pennsylvania Department of Environmental Protection (“DEP”) has announced that it will introduce two new programs to streamline and expand its permitting capacity. DEP is initiating the Streamlining Permits for Economic Expansion and Economic Development (“SPEED”) program and the Chapter 105 Permit Pilot Program in an effort to reduce backlogs and to speed up the permit review process.
The SPEED program will provide additional flexibility to certain permit applicants by allowing applicants to choose 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 and relay technical deficiencies to the applicant. DEP will have final authority over all permit decisions. Starting this fall, DEP will solicit qualified professionals to review applications for certain Air Quality Plan Approvals (Chapter 127), earth disturbance (Chapter 102), dam safety (Chapter 105), and individual water obstruction and encroachment (Chapter 105) permits. Applicants for those permits will be required to agree to pay any review fees incurred by the qualified professional, in addition to permit application fees.
DEP has also made changes to the Chapter 105 Water Obstruction and Encroachment General Permit registration process by updating the registration form and instructions to make them easier to understand. In addition, DEP is launching a new Chapter 105 Pilot Program for Individual Joint Permit Applications that is intended to reduce errors in applications and cut the total time to process an application by 63 days. Similar to the Chapter 102 Pilot Program, launched by DEP on May 1, 2024, 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. Chapters 102 and 105 permits are frequently required for major construction and development projects. The pilot program is available now for Chapter 105 Individual Joint Permit applications for projects statewide. DEP regional offices will collectively accept up to 14 individual joint permit applications per quarter (56 per year) for consideration under the pilot program.
The two new programs are in addition to permitting initiatives launched by DEP in May 2024. One effort, a new pilot program for common construction permits (Chapter 102 individual permits), was launched in 10 counties (Allegheny, Beaver, Bucks, Chester, Lebanon, Lehigh, Luzerne, Monroe, Montgomery and York) and reduced permit review timelines by an estimated 73 days.
If you have any questions regarding DEP’s new permitting programs or how to take advantage of them, please contact Martin R. Siegel or any attorney in the Barley Snyder Environment & Energy Industry Group.
