Contentious Air Permitting Issues for the Pennsylvania Oil and Gas Industry

On May 30, 2013 the Clean Air Council (CAC) submitted a 60-day Notice of Intent to Sue U.S. EPA regarding Pennsylvania’s air permitting of the oil and gas industry.  Specifically, the CAC charges that Pennsylvania is failing to implement “requirements of its State Implementation Plan (SIP)” and is not “adequately administering and enforcing” the Title V permitting program.  This notice stems from the CAC’s petition filed in February 2012.  The original petition centered around the Pennsylvania Department of Environmental Protection’s (PADEPs) single source aggregation policy, particularly as it pertains to the oil and gas industry.  The CAC asserts that PADEP’s oil and gas single source aggregation determinations are not “legally adequate and complete” and the CAC contends that U.S. EPA’s failure to respond to the February 2012 petition “constitutes unreasonable delay.”  The CAC is proposing that the PADEP be sanctioned by withholding of grant funds and withdrawal of Title V permitting authority for the oil and gas industry.  U.S. EPA has not yet responded to the CAC’s notice. 

In accordance with its notice, CAC intends to file suit in a U.S. District Court if U.S. EPA fails to respond within 60 days.  Stay tuned.