Pennsylvania DEP Issues Revised Erosion and Sediment Control General Permit – Accepting Comments

In response to a settlement reached nearly two years ago between the Pennsylvania DEP and the Chesapeake Bay Foundation, Talisman Energy USA Inc., and Ultra Resources Inc., the DEP issued a revised version of its erosion and sediment control general permit for earth disturbance associated with oil and gas activities.  The DEP also issued supporting documents, including a draft permit application and policy explaining the permit requirements.

Some of the changes that will affect the permitting process and the industry include:

• Mandated protection of waterways and watersheds from sediment runoff during construction which disturbs more than five (5) acres over the life of an oil or gas project.
• Agency authority to revoke an applicant’s request for expedited permit review if the applicant routinely submits applications under the general permit that contain administrative and technical problems.
• No expedited review of applications for projects that (1) may discharge sediment and runoff to exceptional-value or high-quality watersheds, (2) have well pads that lie within the floodplains, would be located on contaminated lands.
• Expedited review process for complete and accurate applications will be decided within 14 days from submission.  Otherwise, the review will be completed within 60 days and the agency has the right to hold an application if it has administrative and technical problems.
• The draft policy provides operators with guidance for their obligation to implement best management practices for erosion and sediment control to restore and stabilize a well site within nine (9) months of completing a well.
• Upon submission of notice of intent to construct, operators must demonstrate that their post-construction stormwater management plans are consistent with county stormwater management requirements.

The DEP is accepting comments on the draft permit application and supporting documents until March 21, 2012.  To view the draft permit and related documents clink on the following link.

 http://www.elibrary.dep.state.pa.us/dsweb/View/Collection-10904