One of the major challenges with environmental permitting in Pennsylvania is not actually securing the permit itself.  A company can go through all the right steps, secure a permit through the Department of Environmental Protection which will appropriately protect the environment, but still be caught up in a world of uncertainty about whether their project can move forward when an approved permit is appealed to the Environmental Hearing Board (EHB).
 
A proposed energy generation project in Renovo was infamously delayed and then finally abandoned by the company due to uncertainty caused by appeals to their permits considered at the Environmental Hearing Board brought by well-funded environmental organizations with the primary goal of blocking the project completely, a project which was completely supported by the community where it was to be built.  Pennsylvania could desperately use the energy on our grid that this project would be generating, but unfortunately, our permit appeal system made this impossible.
 
One solution to this issue, which I am proposing in my legislation, is to address the scope of issues that can be raised in a permit appeal.  Under my legislation, all interested parties will continue to be afforded the opportunity to comment on the permit application and the DEP will review these comments as part of its decision-making process.  The DEP’s decision to issue or deny the permit will be based on the record developed.  The difference now reflected in the legislation is that the standard for review by the Environmental Hearing Board shall be exclusively limited to the record of decision raised during the permitting process.  Presently, appeals from all DEP decisions, including permit decisions, are subject to “de novo” review by the Board.
 
As a result of this legislation, the issued permits will be a better crafted product and companies will have confidence knowing their permits have been written to address any substantial, relevant questions pertaining to regulatory criteria raised during the public comment period.  Please join me in sponsoring this important legislation.