Key Contacts
Practice Areas
PA Budget Legislation Expands SPEED Program and “Deemed Approvals” for Certain Permits
This past year, part of the Pennsylvania budget compromise signed by Governor Shapiro expands the Streamlining Permits for Economic Expansion and Development (SPEED) program and adds a new deemed approval process for eligible permits. Regarding the SPEED program, Act 45 added three new permits that are eligible to have an initial review of specific environmental permits conducted by qualified professionals approved by PADEP. The three new permits are:
- Storage tanks permitted under Chapter 245
- Short-term construction permits for non-coal surface mines permitted under Chapter 77, and
- Concentrated animal feeding operations permitted under Chapter 92
Act 45 also requires PADEP to issue decisions on the current set of air quality general permit plan approvals and permits within 30 days of application, so long as PADEP identifies any technical deficiencies within 20 days of application and the applicant responds to the technical deficiencies within 25 days of application. If PADEP fails to issue a determination within the 30-day window, the application is deemed approved. PADEP can extend the 30-day window one time to 35 days with consent of the applicant.
Similarly, Act 45 requires PADEP to issue a decision on a renewal application for certain NPDES general permits within 60 days of application, otherwise the application will be deemed approved. PADEP must identify any technical deficiencies within 40 days of submission, and the applicant must respond to the technical deficiencies within 50 days of submission. The review time period can be extended by an agreement with the applicant. The NPDES general permit renewals subject to this deemed approval section are:
- Discharges of stormwater associated with industrial activities (PAG-03)
- Discharges from small flow treatment facilities (PAG-04)
- Discharges from petroleum product contaminated groundwater remediation systems (PAG-05), and
- Wet weather overflow discharges from combined sewer systems (PAG-06)
