Act 67/68 of 2000, requires DEP to take local land use into consideration, prior to issuing permits. The number of permits covered by the policy, is very broad, however, a legal issue has arisen - DEP apparently does not have the authority to make local land use conformance decisions.

It is becoming clear that many permits, including those for air emissions, and for any types of wastewater permits, will take longer to obtain in Pennsylvania. Permits for which Act 67/68 land use conformance must be considered even includes permits for erosion and sedimentation basins at construction sites. Initial experience indicates that, where local officials have not been consulted, that permit delays of up to 30 days are being experienced; and in limited instances applications are being returned until local issues are dealt with. In one instance, at a scrap yard, a permit may be denied, even though the facility operates per industry trade group standards.

Senior DEP officials are currently staying on top of the issue, but, where the public becomes more involved in permitting processes, extended permitting delays as occur in other states could occur in PA. In the case of industrial facilities, where permits are needed to resolve compliance issues, Consent Decrees may be needed to get around the permitting problem and move needed projects forward. In such instances, there could develop a need for expanded public participation, as, unlike other states, there is no routine mechanism in PA for DEP public notice of Consent Decrees.

Although DEP issued guidance on how to handle Act 67/Act 68 of 2000 local land use conformance in late January, many observers believe that it will only be a matter of time before the issue winds up in the courts. The reason for this is that surrounding states, including both New Jersey and New York, have for a long period of years had more elaborate procedures for projects involving multiple permits, for determining the environmental impact of permitting decisions, and for reaching consensus among permitting authorities, when they are involved in issuing multiple permits of the site. Frequently, public involvement is included in the permit process.

We at RT are concerned that the local land use conformance issue, over time, will turn out to be much more complicated than currently envisioned by DEP. For environmental progress to continue to be made in PA, and for infrastructure to keep up with population growth, permits do need to be issued in a timely manner. Holding up needed permits while growth continues raises prices, makes PA less competitive and delays environmental progress. RT will continue to watch this issue in the months and years ahead.

- Gary Brown