Environmental Groups, DEP Agree To Open Public Comment Period On 49 Previously Approved Oil & Gas Wastewater Treatment & Storage Facility Permits

On February 17, the Center for Coalfield Justice, Mountain Watershed Association, Clean Air Council, Environmental Integrity Project, Earthworks and PennFuture have reached an agreement with the Department of Environmental Protection to begin soliciting community input on 49 drilling wastewater storage and reuse permits issued under a General Permit known as WMGR123.

These organizations were deeply concerned about the lack of opportunity for public input from residents who live nearby these 49 shale gas operations sites that were granted DEP permits in December and January.

In a February 4, 2021 letter, the environmental groups asked the DEP to immediately suspend the permit approvals, publish public notices of its permit decisions and initiate a 60-day public comment period.

DEP agreed to allow public comment for all 49 permits and will accept public comments for 60 days from the date of public notice, which is expected no later than March 31, 2021.

The Department has also agreed to consider all public comments and make modifications to the previously approved authorizations where appropriate.

The Department will also investigate complaints it receives from concerned residents, and will communicate to such residents the results of DEP’s inquiry into such complaints.

“CCJ believes that public notice and the opportunity to comment ensures that communities have a voice in the environmental decisions that affect them,” said Veronica Coptis, Executive Director of the Center for Coalfield Justice.  “The DEP did not follow its own newly adopted notification and public participation protocols for the 10-year general permits. Every community member who lives near a frack site should be allowed every opportunity to voice concerns before permits are issued. The DEP’s failure to notify and include impacted communities in the decision-making process was unacceptable, and we’re glad to have reached an agreement that addresses the need for community input.”

“EIP is thrilled that our letter sent to the DEP, on behalf of our partner groups and concerned citizens, was able to spur a new public comment window for all 49 sites we were concerned did not have proper notice,” said Lisa Graves-Marcucci, PA Coordinator of Community Outreach, Environmental Integrity Project.  “We look forward to reviewing the applications and working with DEP to make changes to any permits as warranted.  Today’s developments represent a win for the public throughout the Commonwealth - particularly those living near shale gas operations.”

“The wastewater stored and processed at these residual waste facilities has been shown to contain high concentrations of radioactive contaminants, sometimes at levels thousands of times higher than what is safe for human exposure,” said Ashley Funk, Executive Director of Mountain Watershed Association. “We’ve worked with residents living near these facilities who are concerned about how these waste sites may be impacting their health, their farms, their families, and their water.  These residents deserve to have a voice in the permitting process to ensure that stringent protections are in place. We are glad that - as a result of this settlement - residents will have an opportunity for their voices to be heard.”

“Public participation is critical in ensuring that the gas industry’s dirtiest waste-handling sites don’t pollute our drinking water and sully our air,” said Joseph Otis Minott, Executive Director and Chief Counsel of Clean Air Council. “This agreement restores Pennsylvanians’ rights and helps to protect those most at risk from these dangerous facilities.”

"Pennsylvanians living in closest proximity to these shale gas waste facilities disproportionately bear the impacts of negative health effects associated with this industry and, as such, should have every opportunity to comment on these permits," said PennFuture Attorney Angela Kilbert. "Today's agreement with the DEP means increased access to information for residents and the chance to participate in robust dialogue well before these permits are issued, which is how the process should have unfolded all along."

“This settlement ensures that concerned community members like me will have a meaningful opportunity to comment on all of the permits that were authorized without public input, and that’s how it should be,” said Cathy Lodge, Robinson Township, Washington County resident.  “DEP must be transparent about the results of any investigations and any permit being considered. I’m glad that these environmental groups stepped in to help ensure our voices were heard.” 

Click Here for a copy of the agreementList of 49 permits and locations.


Don Hopey: DEP Settlement Grants Public Input On Drilling Waste Treatment, Storage Permits

Don Hopey: Public Input Blocked On 46 Drilling Wastewater Treatment Facility Permitting

Related Articles:

-- DEP Renews General Permits For 27 Facilities In 5 Counties To Process/Reuse Oil & Gas Drilling Waste

-- DEP Renews General Permits For 27 Facilities In 11 Counties To Process/Reuse Oil & Gas Drilling Waste

[Posted: February 17, 2021]


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