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DEP Reduces Permit Backlog By 75%, Completely Eliminates Backlog For Oil & Gas Permits; You Can’t Blame DEP Anymore For Project Delays

On November 19, the Shapiro Administration announced the Department of Environmental Protection has reduced its permit backlog by 75 percent since November 1, 2023 – and has completely eliminated the backlog for oil and gas permits.

“At DEP we are moving at the speed of business – taking care of backlogged permits and not adding to the list – while protecting clean air and water and public health,” said DEP Acting Secretary Jessica Shirley. “We’ve invested in people and technology to meet the needs of the people and businesses of Pennsylvania and those investments are paying off.”

DEP reviews more than 45,000 permit applications every year. These include permits for land clearing activities for construction projects, air quality permits for factories and power plants, permits to upgrade drinking waters systems to remove chemicals like PFAS, and permits for oil and gas wells.

DEP is modernizing its permitting process by investing in technology and reviewing processes to identify and eliminate bottlenecks.

You Can’t Blame DEP Anymore

At an earlier event this same day, Gov. Josh Shapiro signed Executive Order 2024-04, creating the PA Permit Fast Track Program to streamline the Commonwealth’s permitting process for key economic development and infrastructure projects, increase transparency, and accelerate timelines to ensure state government delivers results quickly and efficiently. [Read more here.]

He had this to say about DEP and faster permit turnaround times--

“Special thanks to Secretary Shirley of the Department of Environmental Protection who joins us here today in the front row,” said Gov. Shapiro.. “DEP, reduced the permit backlog by 75%-- 75%. That is extraordinary.

“Now, listen, I've been around a while here working in the Commonwealth of Pennsylvania. Folks love to blame DEP for every issue they have when they're building a project.

“You can't blame Secretary Shirley anymore.

“She is moving at the speed of business and getting it done, and we are grateful to you for your commitment on that.

“I would also note that none of those three refunds that we had to issue through the Payback system came out of DEP's pockets. [Read more here]

“They've issued every permit on time. So that's the first thing that we did in order to speed up our process.

“Second, I signed a new law this summer, a law that was brought about with Republican and Democratic votes to take the progress that we've seen at DEP and actually supercharge that and go even further. [Read more here.]

“The law known as the SPEED [Streamlining Permits for Economic Expansion and Development] Program puts real resources into DEP to make permitting even faster, and even smoother than before,” said Gov. Shapiro.

Cut Permit Backlog By 73%

DEP began the backlog reduction initiative on November 1, 2023, and had more than 2,400 permit applications that required action received prior to that date.

As of November 15, 2024, DEP eliminated 1,750 applications from this backlog – a 73% reduction, while keeping up with new application reviews.

Eliminated Oil & Gas Backlog

In the Office of Oil and Gas Management, staff have reviewed and made decisions on all 115 permit applications received before November 1, 2023.

More Resources

Throughout the Shapiro Administration, DEP has been hiring staff to improve operational efficiency. Since 2023, DEP has added 225 employees to carry out critical functions like public health and safety inspections and permit application reviews.

Gov. Josh Shapiro and the General Assembly approved $7 million for technology updates and upgrades in the 2024-25 state budget, which will be used to increase transparency for permit applicants and residents and improve DEP’s record keeping systems.

Other Permit Initiatives

DEP will also implement the SPEED [Streamlining Permits for Economic Expansion and Development] program, which was part of the bipartisan 2024-25 budget.

The SPEED program will offer increased flexibility, allowing permit applicants 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 technical deficiencies to the applicant.

DEP will have final authority over all permit decisions.

Applicants for eligible permits will agree to pay any review fees incurred by the qualified professional, in addition to permit application fees.

Invitations for Bids are being accepted through the Pennsylvania eMarketplace for the qualified professionals to review SPEED permit applications. [Read more here.]

The SPEED program will be available for certain Air Quality Plan Approvals, earth disturbance, dam safety, and individual water obstruction and encroachment permits.

DEP has sped up its permitting process through the PAyback program, which went into effect in November 2023 that assures a moneyback guarantee for permit applicants if their application is overdue. [Read more here]

Since going into effect, DEP has evaluated and decided on more than 40,000 permits without having to refund a single application fee.

Chapter 102 & 105 Pilot Programs

DEP is continuing to identify process improvements in its permitting programs.

In May 2024, DEP launched a pilot program for Chapter 102 Individual National Pollutant Discharge Elimination System (NPDES) Permit applications in ten counties. [Read more here]

The goal of the pilot program was to reduce overall time between application and decision.

This pilot program is already showing results, with one permit application submitted through the program receiving approval 73 days quicker than the average review time.

DEP has also significantly improved the Chapter 105 Water Obstruction and Encroachment General Permit registration process by updating the registration form and instructions to make them easier to understand.

DEP also launched a new Chapter 105 Pilot Program for individual Joint Permit Applications that should reduce errors in applications and cut the total time to process an application by 63 days.

Similar to the Chapter 102 Pilot Program, 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.

Click Here for the complete announcement.

Visit DEP’s Permit Modernization webpage for more information on these initiatives.

For more information on environmental programs in Pennsylvania, visit DEP’s website, Report Emergencies, Submit Environmental Complaints; Click Here to sign up for DEP’s newsletter; sign up for DEP’s eNotice; visit DEP’s Blog, Like DEP on Facebook, Follow DEP on Twitter and visit DEP’s YouTube Channel.

Related Articles - Permitting:

-- Gov. Shapiro Signs Executive Order Creating PA Permit Fast Track Program; Can't Blame DEP Anymore For Delaying Projects [PaEN]

-- DEP Reduces Permit Backlog By 75%, Completely Eliminates Backlog For Oil & Gas Permits; You Can’t Blame DEP Anymore For Project Delays [PaEN]

-- Guest Essay: Protecting Public Health Means Enforcing Environmental Regulations While Helping Businesses Thrive - By Jessica Shirley, Acting DEP Secretary [PaEN]

-- DCNR Speeds Up Endangered, Threatened Species Environmental Permit Review Times, ATV Permitting, Ginseng Certification [PaEN]

Resource Links:

-- DEP Now Accepting Qualified Professional Bids As Part Of SPEED Permit Review Program [PaEN]