Pennsylvania “SPEED” Permitting

Businesses in Pennsylvania have long lamented about the time it takes to receive permits from the Pennsylvania Department of Environmental Protection (PADEP). Over the years, different administrations have attempted to address this issue. For example, several years ago PADEP launched a Permit Decision Guarantee Program with mixed results.

The newest attempt at “Permit Modernization” is being launched by Governor Josh Shapiro. This program is called the Streamlining Permits for Economic Expansion and Development (SPEED). For the first time in many years PADEP intends to use “DEP-verified qualified contractors” to review certain permit applications and to provide recommendations to PADEP for action on those applications. Details on exactly how the program will work will be posted soon. Importantly, SPEED will only be for these specific types of permit applications:

• Air quality plan approvals at State-only facilities
• Earth disturbance permits (PADEP has started a pilot program in 10 counties)
• Individual water obstruction and encroachment permits
• Dam safety permits

Along with SPEED, PADEP will continue to follow the current money back guarantee program known as PAback. This program is designed to return application fees if PADEP fails to issue the permit within the prescribed PAback timelines. Of course, getting a refund on the application fee is often little solace to industry if the permit is not issued in a timely manner and delays capital projects.

The Governor’s program also includes investments to update the Commonwealth’s information technology infrastructure, including PADEP’s electronic application submittal systems and its general website. There is also mention of “improved transparency” regarding permitting for members of the community, which could include online posting of permit applications that are under review for the general public to view. Currently, there is little detail on how this will work. Lastly, PADEP has launched a Permit Application Consulting Tool that is designed to collect information that will be useful for a pre-application conference.

ALL4 has extensive experience with environmental permitting in Pennsylvania and stands ready to assist clients with navigating the labyrinth of permitting requirements. Please contact John Slade or Bob Kuklentz for your PA air permitting needs.