THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY PYLE, EVANKOVICH, BAKER, BARBIN, BARRAR, BROOKS, BURNS, CALTAGIRONE, CAUSER, CHRISTIANA, CLYMER, D. COSTA, P. COSTA, CUTLER, DeLUCA, DUNBAR, ELLIS, J. EVANS, EVERETT, FARRY, GABLER, GEIST, GERGELY, GIBBONS, GILLEN, GINGRICH, GODSHALL, GROVE, HACKETT, HALUSKA, HARHAI, HARKINS, HARRIS, HEFFLEY, HELM, HESS, KAUFFMAN, F. KELLER, M. K. KELLER, KNOWLES, KORTZ, KOTIK, LONGIETTI, MAHER, MAJOR, MALONEY, MARSHALL, MASSER, MATZIE, METCALFE, METZGAR, MILLER, MIRABITO, MOUL, MURT, MUSTIO, NEUMAN, OBERLANDER, PERRY, PETRARCA, PICKETT, PRESTON, QUIGLEY, RAPP, RAVENSTAHL, REED, REESE, ROAE, ROCK, SACCONE, SAINATO, SANTONI, SAYLOR, CULVER, SONNEY, STEVENSON, SWANGER, TOBASH, TOEPEL, TOOHIL, TURZAI, VEREB, VULAKOVICH, WATSON AND WHITE, NOVEMBER 9, 2011

REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, NOVEMBER 9, 2011  

AN ACT

Providing for the effective and thorough review of permit

applications to the Department of Environmental Protection

and other entities to ensure environmental protection and

foster economic growth.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

CHAPTER 1

PRELIMINARY PROVISIONS

Section 101.  Short title.

This act shall be known and may be cited as the Department of

Environmental Protection Permit Review and Issuance Act.

Section 102.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Applicant."  The person submitting an application for a

permit to the Department of Environmental Protection.

"Application."  Any submittal to the Department of

Environmental Protection by a person that seeks or otherwise

requests a permit. The term includes, but is not limited to:

(1)  New permits.

(2)  Permit renewals.

(3)  Permit amendments.

(4)  Permit modifications.

(5)  Permit transfers.

(6)  Change of ownership.

"Department."  The Department of Environmental Protection, as

well as Commonwealth subdivisions with the authority to issue

permits on behalf of or in lieu of the Department of

Environmental Protection, by delegation from or under a

cooperative agreement with the Commonwealth or with the

authority to issue permits delegated from or authorized directly

by the United States.

"Licensed permit review professional."  An individual, not

employed by the Department of Environmental Protection, who is

eligible to review permits as specified in section 304.

"Permit."  An approval, permit, plan approval, registration,

license or other authorization or decision.

"Person."  An individual, firm, joint venture, partnership,

corporation, association, municipality, municipal authority,

cooperative association or joint stock association, including

any trustee, receiver, assignee or personal representative

thereof.

"Regional office."  An office of the Department of

Environmental Protection from which permits are issued, but

which is separate from the primary department office.

CHAPTER 3

PERMIT ISSUANCE

Section 301.  Applicability.

(a)  General rule.--Except as provided in subsection (b), the

provisions of this act shall apply to the department and any

person who submits an application to the department after the

effective date of this section.

(b)  Exceptions.--This act shall not apply to any of the

following:

(1)  a permit issued solely to comply with Federal law;

(2)  an administrative consent order or other enforcement

action relating to a permit or lack thereof; or

(3)  the revocation of a permit.

Section 302.  Permit submission process.

(a)  Preapplication meeting.--All applicants shall

participate in a meeting with the department prior to submitting

an application.

(1)  During the preapplication meeting, the applicant

shall submit at least the following:

(i)  Project description, including, but not limited

to, scope of work, primary emissions points, discharge

outfalls and water intake points.

(ii)  Location of the project, including county,

municipality and location on the site.

(iii)  Business schedule for project completion.

(2)  During the preapplication meeting, the department

shall provide for the applicant at least the following:

(i)  An overview of the permit review program.

(ii)  A determination of which specific application

or applications will be necessary to complete the

project.

(iii)  A statement notifying the applicant if the

specific permit being sought requires a mandatory public

hearing or comment period.

(iv)  A review of the timetable established in the

permit review program for the specific permit being

sought.

(v)  A determination of what information must be

included in the application, including a description of

any required modeling or testing.

(3)  The department shall ensure that participants

representing the department in the preapplication meeting do

so on behalf of the specific permit review program area from

which the permit is being sought.

(b)  Application submission.--Upon the applicant's submitting

the application to the department with any required information,

including any potential supplemental data, the application shall

be marked in such a manner as to indicate that it has officially

been received by the department. At that time, the applicant

shall receive an official permit review schedule that shows when

a final decision will be determined.

(c)  Permit review and determination.--

(1)  Upon officially receiving an application, the

department and applicant shall proceed with the following

time frames unless otherwise prohibited by law:

(i)  Application completeness and technical review

shall take no more than 30 days.

(ii)  Applicant response to deficiencies identified

by the department during the completeness and technical

review shall take no more than 30 days.

(iii)  Final review and determination by the

department of the application or resubmitted application,

if returned after the completeness and technical review,

shall take no more than 30 days.

(2)  The review schedule specified in paragraph (1) shall

not apply if:

(i)  Review times are mandated by statute and cannot

be accommodated within the time periods established in

paragraph (1).

(ii)  Public hearings are mandated by statute and

cannot be accommodated within the time periods

established in paragraph (1).

(iii)  Public comment periods are mandated by statute

and cannot be accommodated within the time periods

established in paragraph (1).

(iv)  The applicant requests an alternate review

schedule.

(3)  An applicant may request a review schedule different

from the review schedule in paragraph (1). Prior to an

alternate review schedule commencing, the following must

occur:

(i)  The department must determine that there are no

statutory prohibitions to the alternate review schedule.

(ii)  The department must agree to the request in

writing.

(iii)  The applicant and the department must develop

a mutually agreed upon alternate permit application

review schedule.

(iv)  The applicant and the department must each

agree in writing to the alternate review schedule

indicating acceptance of the alternate review schedule.

(4)  If the department fails to issue a decision on an

application in accordance with the review schedule in

paragraph (1) or the alternate review schedule as provided

for in paragraph (3), the application shall be deemed

approved.

(5)  The applicant may select a licensed permit review

professional, as provided for in section 304, to undertake

the review of the permit application rather than a department

review.

Section 303.  Electronic public database.

(a)  Duty to develop.--The department shall develop an

electronic database that is publicly accessible to perform the

following functions:

(1)  List all permits subject to this act.

(2)  List and track the status of all applications being

reviewed as required by this act.

(b)  Contents.--The database developed under subsection (a)

shall include the following information:

(1)  A statement indicating that if the review is an

alternate review schedule as provided for in section 302(c)

and why the alternate review schedule was granted.

(2)  The date the application was officially received by

the department.

(3)  The date that the application was determined to have

undergone and completed the administrative and technical

review.

(4)  The date the application was returned to the

applicant for deficiencies noted in the administrative and

technical review, if applicable.

(5)  The date the application was returned by the

applicant to the department with corrections as determined in

the administrative and technical review.

(6)  The date of any required public hearings or public

comment periods.

(7)  A statement indicating whether the permit is being

reviewed by a licensed permit review professional as provided

for in section 304.

(8)  A list of licensed permit review professionals

licensed by the department.

(c)  Electronic database fee.--The department may, through

regulation, establish a fee assessed on each permit to develop

and maintain the database required in subsection (a).

Section 304.  Licensed permit review professional.

(a)  Program to be developed.--The department shall develop

through regulation a program to license nondepartment employees

to undertake the review of applications submitted to the

department.

(b)  Licensing fee.--The department may establish a licensing

fee through regulation. The licensing fee shall only be adequate

to allow the department to develop and administer the program.

(c)  Time frames.--The licensed permit review professional

shall perform the reviews within the time frames provided for in

section 302.

(d)  Department to consider recommendations.--In making a

decision regarding an application that has been reviewed by a

licensed permit review professional, the department shall accept

the recommendations provided by the licensed permit review

professional, unless the recommendations are clearly erroneous.

(e)  Limitation.--The licensed permit review professional may

not make a final determination regarding the permit application.

(f)  Qualifications.--A licensed permit review professional

must:

(1)  Have successfully completed training in an

environmental education program prior to becoming a licensed

permit review professional.

(2)  Have at least five years of relevant environmental

work experience prior to becoming a licensed permit review

professional.

(3)  Have successfully completed a licensing program

administered by the department.

(4)  Renew the license annually.

Section 305.  Reports.

(a)  General rule.--Annually, the department shall prepare

and make publicly available a report analyzing the permit review

program. The report shall be differentiated by the office

designated as the headquarters office and each regional office

and summarized on a Statewide basis.

(b)  Contents.--The report shall include:

(1)  The number and types of applications as provided for

in section 302(b) submitted to the primary headquarters

office or in each regional office.

(2)  The number and types of applications, as provided

for in section 302(b), submitted to the primary headquarters

office or in each regional office and returned to the

applicant for deficiencies as identified in the

administrative and technical review.

(3)  A description of the most prevalent reason that

applications in each category, as provided in section 302(b),

were returned to the primary headquarters office or in each

regional office.

(4)  The number and types of permits, as provided for in

section 302(b), that were approved by the primary

headquarters office or in each regional office.

(5)  The number and types of permits, as provided for in

section 302(b), denied by the primary headquarters office or

in each regional office.

(6)  A description of the most prevalent reason that

applications in each category, as provided for in section

302(b), were denied by the primary headquarters office or in

each regional office.

(7)  The number and types of applications, as provided

for in section 302(b), submitted to the primary headquarters

office or in each regional office, but were still pending at

the time the report was published.

(8)  A description, based on the information contained in

the report, of the department's consistency in all aspects of

decision making and actions as they relate to reviewing

applications and issuing permits and the department's efforts

to promote such consistency by the regional offices.

Section 306.  Appealable actions.

Any person aggrieved by a final decision of the department

under this act shall have the right, within 30 days from notice

of the action, to appeal the final action to the Environmental

Hearing Board in accordance with the act of July 13, 1988

(P.L.530, No.94), known as the Environmental Hearing Board Act,

and 2 Pa.C.S. Ch. 5 Subch. A (relating to practice and procedure

of Commonwealth agencies). The Environmental Hearing Board is

expressly granted jurisdiction over such appeals, including

review of final decisions of entities other than the department

and the authority to issue decisions that are binding on such

entities.

Section 307.  Construction.

Nothing in this act shall be construed to modify:

(1)  any requirement of law that is necessary to retain

Federal delegation to or assumption by the Commonwealth; or

(2)  the authority to implement a Federal law or program.

Section 308.  Effective date.

This act shall take effect in 120 days.