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On February 28, the US Environmental Protection Agency Environmental Appeals Board allowa appeal by Protect PT and Three Rivers Waterkeeper of the Penneco Environmental Solutions, LLC oil and gas wastewater injection well in Plum Borough, Allegheny County to move forward.
The Board denied a motion by Penneco to dismiss the appeal because it was not filed in a timely manner.
The Board also ordered EPA Region III to provide proper notice of appeal procedures to commenters in the Underground Injection Well Program as required by EPA regulations.
The Board noted the language in EPA’s notice with the Penneco injection well permit was also “inaccurate.”
“We have concluded that the [EPA] Region’s failure to provide the regulatorily required notice mandates denial of the motion to dismiss. In order to help ensure that proper notice is given going forward, we note that the Region mischaracterized or misstated the appeal procedures in several places.”
In addition, the Board said, “The appeal procedures were also incorrectly state on EPA’s website.”
“The notice the Region sent to Petitioners was incomplete and did not meet the requirements of 40 C.F.R. § 124.15(a); accordingly, the thirty-day time period for filing an appeal was never triggered.”
The Board required the EPA Region II to provide notice of the issuance of the final Penneco injection well permit in compliance with EPA regulations on or before March 11, 2024.
It also required Penneco to file a response to the appeal by April 15 and the petitioners to respond 15 days later.
Click Here for a copy of the Board’s decision.
(Photo: Existing Penneco injection well facility.)
NewsClip:
-- JD Surpra: Protect PT, Three Rivers Waterkeeper Appeal Penneco Oil & Gas Wastewater Injection Well Permit In Allegheny County
Related Articles - Penneco:
-- EPA Approves Permit For Oil, Gas Wastewater Injection Well In Plum Boro, Allegheny County; 30 Days To File Appeal [PaEN]
-- Protect PT: Commonwealth Court Vacates Penneco Oil & Gas Wastewater Injection Well Permit, Remanding It To Plum Boro For Additional Fact Finding In Allegheny County [PaEN]
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-- Q/A With Senate Environmental Committee Majority Chair Gene Yaw
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[Posted: February 28, 2024]
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