On August 5, the Department of Environmental Protection published the final Chapter 105 Environmental Assessment Alternatives Analysis technical guidance related to projects impacting waterways and wetlands in Pennsylvania [DEP ID: 310-2100-002].  (formal notice)

Chapter 105 regulations require applicants encroaching on waters of the Commonwealth, including wetlands to avoid and minimize impacts to those water resources. 

The application must include “a detailed analysis of alternatives to the proposed action, including alternative locations, routings or designs to avoid or minimize adverse environmental impacts” (25 Pa Code Section 105.13(e)(1(viii)).

The environmental assessment and the alternatives analysis is especially important to the decision making process for projects to be constructed in High Quality and Exceptional Value special protection watersheds.

Click Here for Comment/Response Document. [Note: The C/R Document does not identify which comments were made by which commenters.  Four of the six comments are available on the DEP eComment webpage. Comments from the Fish and Boat Commission and Turnpike Commission were sent separately via email. ]

Click Here for copy of guidance.

Questions should be directed to Andy Klinger, Director, DEP Bureau of Waterways Engineering and Wetlands at 717-772-5975 or anklinger@pa.gov.

Background - Chapter 105

Development of updated technical guidance on Chapter 105 Encroachment and Waterways Alternatives Analysis began in 2018 as a result of an appeal brought by the Clean Air Council, Delaware RiverKeeper Network and the Mountain Watershed Association involving the Mariner East Natural Gas Liquids Pipeline construction.  Read more here. 

After consultation with a variety of agency advisory committees, DEP proposed a draft technical guidance document for public comment in September of 2021.  Read more here.

DEP said it received four comment letters and comments from six commenters on the proposal, including comments from the Marcellus Shale Coalition representing the shale gas industry and joint comments from the Clean Air Council, Delaware RiverKeeper Network, PennFuture and Mountain Watershed Association.

DEP made presentations on the final Alternatives Analysis technical guidance to the Citizens Advisory Council and the Agriculture Advisory Board, among others in July.

Background - Trenchless Pipeline Construction

DEP has also been developing a related technical guidance-- also since 2018-- on Trenchless Pipeline Construction to outline policies, procedures and best practices for prevention of adverse environmental impacts from horizontal drilling techniques.

A proposed guidance was published for comment in March of 2022.  Read more here.

DEP hopes to publish a final version of this guidance sometime in the fourth quarter of 2023 or early 2024.  Read more here.

For more information on environmental programs in Pennsylvania, visit DEP’s website, Click Here to sign up for DEP’s newsletter, sign up for DEP Connects events, sign up for DEP’s eNotice, visit DEP’s Blog,  Like DEP on Facebook, Follow DEP on Twitter and visit DEP’s YouTube Channel.

PA Oil & Gas Industry Public Notice Dashboards:

-- DEP Investigates Conventional Oil Well Wastewater Leak As Possible Source Of Village Of Reno Water Supply Contamination In Venango County; Customers Under Do Not Consume Advisory For 2 Weeks+  [PaEN]

-- Pennsylvania Oil & Gas Weekly Compliance Dashboard - July 29 to August 4; More Abandoned, Leaking Wells, Reno Water Supply Contamination; Rager Mtn. Natural Gas Storage Area Spills  [PaEN]

-- PA Oil & Gas Industrial Facilities: Permit Notices/Opportunities To Comment - August 5  [PaEN]

-- DEP Posts 75 Pages Of Permit-Related Notices In August 5 PA Bulletin  [PaEN]

NewsClips This Week:

-- TribLive: Olympus Energy Submits Application To DEP For 5th Shale Gas Well Pad In Upper Burrell Twp

-- PUC: Columbia Gas To Pay $990,000 Penalty In Revised Settlement Involving Home Explosion In Washington County

-- Post-Gazette - Anya Litvak: PUC Approves $990,000 Penalty Settlement With Columbia Gas Over 2019 House Explosion In Washington County

-- Post-Gazette - Anya Litvak: Negotiating Community Benefits, Like Those With Shell Petrochemical Plant Penalty Fund In Beaver County, Takes A Village; So Does Mitigating Harm

-- Pittsburgh Business Times: Equitrans Gets FERC Approval For New Ohio Valley Connector Expansion Pipeline Project To Gulf Coast And Midwest

-- The Center Square: 14 State Attorneys General [Including PA] Want Action On ‘Plastic Pollution Crisis’

Related Articles This Week:

-- New Penn State Study: Brine Water Pumped From Played-Out Conventional Oil & Gas Wells And Used As Dust Suppressants, Winter Road Treatments Exceed Environmental, Health Standards, Just Like Conventional Oil & Gas Brine Water  [PaEN]

-- Guest Essay: Take A Deep Breath! Now Think What You Just Inhaled. If You Live Along A Dirt Road You Could Be Inhaling Oil & Gas Wastewater - By Siri Lawson, Warren County   [PaEN]

-- DEP Publishes Final Chapter 105 Environmental Assessment Alternatives Analysis Technical Guidance  [PaEN]

-- DEP Sets Sept. 19 Meeting/Hearing On Air Permit For Expansion Of Marcus Hook Terminal’s Ethane Chilling Capacity In Delaware County  [PaEN]

-- DEP Invites Comments On Section 401 Water Quality Certification For Equitrans To Replace Abandoned Natural Gas Storage Wells In Greene County Due To Coal Mining  [PaEN]

-- Environmental Health Project: Shale Gas Development And Cancer Fact Sheet

-- Eureka Resources Extracted 97% Pure Lithium Carbonate Used In Making Lithium-ion Batteries From Oil & Gas Wastewater [PaEN]

-- PA Attorney General Henry Joins Coalition Calling For Stronger Federal Strategy To Fight Plastic Pollution Crisis  [PaEN]

[Posted: August 4, 2023]

8/7/2023