Pittsburgh, PA and Washington, DC
FNREL Water Law Newsletter
(Lisa M. Bruderly, Mackenzie M. Moyer and Jessica Deyoe)
On January 18, 2024, the Pennsylvania Department of Environmental Protection (PADEP) presented the final version of the technical guidance document on using trenchless technology to construct natural gas pipelines, other pipelines, and underground utilities to the PADEP Water Resources Advisory Committee. See PowerPoint Presentation, PADEP, “Trenchless Technology Guidance: Environmental Considerations for the Construction and Operation of Trenchless Technology” (Jan. 18, 2024). The final guidance was published in the Pennsylvania Bulletin in late February. See 54 Pa. Bull. 1017 (Feb. 24, 2024). Development on the guidance began in 2018 due to a stakeholder workgroup required as part of a PADEP settlement with the Clean Air Council, the Delaware Riverkeeper Network, and the Mountain Watershed Association regarding PADEP-issued permits for the Mariner East II Pipeline Project.
The final guidance, entitled “Trenchless Technology Guidance,” PADEP Doc. No. 310-2100-003, outlines the steps that proponents of projects using trenchless technology should consider. Trenchless technology is defined as “[a] type of subsurface construction work that requires few trenches or no trenches which includes any trenchless construction methodology, including, but not limited to: horizontal directional drilling, guided auger bore, cradle bore, conventional auger bore, jack bore, hammer bore, guided bores, and proprietary trenchless technology.” Id. at 6. Trenchless technology is often considered a less environmentally impactful alternative to other types of construction. Id.
Under the Guidance, each project should evaluate the “suitability, feasibility, and environmental considerations” of using trenchless technology methods, depending on the level of environmental risk. Id. at 2. The Guidance provides consistency for the regulated community and review staff on the appropriate level of due diligence recommended for trenchless technology. The Guidance is broken into three major sections: (1) Suitability, Feasibility, and Environmental Considerations; (2) Design and Permitting; and (3) Construction and Compliance.
In response to the 143 comments PADEP received on the draft guidance, PADEP changed the Guidance by, among other things: (1) clarifying when it is appropriate to use a Pennsylvania-licensed Professional Engineer or Professional Geologist; (2) adding to the recommended analyte list; (3) removing the HDD flow chart; (4) adding new risk factors to more accurately assess risk; and (5) updating the definitions.
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