What?: The DEP has revised its public participation policy, and put the revised version up for public comment.

The PA Bulletin notice for this issue is here: <http://www.pabulletin.com/secure/data/vol43/43-31/1447.html>

Deadline: August 27, 2013.

Why Does It Matter?: There are many kinds of permits that DEP issues by a kind of “automatic” process: when DEP approves the permit, it is simply issued. The public has no opportunity to challenge these permits in any way. Anyone who believes there is something wrong with the idea that DEP should issue the permit can only appeal the permit before the Environmental Hearing Board. An appeal is really a form of litigation; to even have a chance you are almost forced to use an attorney, which can be extremely expensive. Appeals can take a long time — two years or more is not unusual. While an appeal drags on, the permit stays in force. However, some forms of permit are subject to public comment. That means any citizen can submit a comment explaining what’s wrong with the permit, or why it shouldn’t be issued. Another issue is whether DEP will hold a hearing before issuing the permit. A hearing allows members of the public to appear before the DEP face to face, and give testimony about how their lives will be affected by the permit. The policy governing public hearings is also (supposed to be) contained in the Public Participation Policy.

Our stake in the public participation policy is exactly that this is the only way we get to have our say before DEP before permits are issued. It’s vitally important that we speak up on this issue!

You can read DEP’s new proposed draft public participation policy here:

<http://www.elibrary.dep.state.pa.us/dsweb/Get/Document-95745/012-0900-003.pdf>

If you want to read the “old” version, you can find it here:

<http://www.faymarwatch.org/documents/012-0900-003_071605.pdf>

Among the issues for the revised policy are:

• DEP has abandoned its role as an advocate for health.
  
  
• DEP has revoked the authority of Article 1 Section 27 of the Pennsylvania Constitution!
  
  
• DEP’s rules for public participation are actually spread across several different documents: the policy that’s up for comment here, eligibility rules for general permits (which deny the public the right to comment!) and Environmental Justice policy, which is supposed to offer enhanced public participation for permits in Environmental Justice areas. These should all be subject to an integrated form of public comment all at one time. By compartmentalizing public participation policy across these many documents, it makes it much harder for the public to comment on “the whole picture” of public participation.
  
  
• DEP makes it difficult or impossible to get hold of all the documents we need for a knowledgeable public comment.
  

Tell the DEP:

How?:

Background: For a Fayette County public comment already submitted on this issue, look here:

<http://www.faymarwatch.org/documents/DEP_Public_Participation_Policy_0713.pdf>