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FNREL Mineral and Energy Law Newsletter

Pennsylvania – Mining

(by Joe ReinhartSean McGovernGina Buchman, and Christina Puhnaty)

On July 12, 2025, the Pennsylvania Department of Environmental Protection (PADEP) announced the rescission of three technical guidance documents relating to mining, because it is PADEP’s position that these documents are no longer needed. See 55 Pa. Bull. 4771 (July 12, 2025).

Municipal Mining Licenses, Permits and Bonds, 562-2100-704 (1997)
This document was intended to identify instances when municipalities and other government agencies could be exempt from the requirement of obtaining a noncoal license and permit. This document will be retained as background information.

Citizens’ Requests—Receiving, Tracking, Investigating, Appealing and Filing, 562-3900-402 (2008)
This document outlined the complaints tracking process of PADEP’s Bureaus of District Mining Operations and Mining Programs. It is PADEP’s opinion that its Complaints Tracking System instructions make this guidance document redundant and out of date. PADEP is currently developing an internal document for processing mining-related complaints.

Review of Accepted Coal Mining Activity Permit Applications, 563-2112-215 (1997)
This guidance established internal administrative procedures for PADEP when accepting and processing new permit applications. These directions have been replaced by a current standard operating procedure for mining applications in accordance with updated permit review timelines, SOP No. BMP-001 (2016).

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