The Foundation Water Law Newsletter
(By Lisa M. Bruderly & Mackenzie Moyer)
On March 19, 2022, the Pennsylvania Department of Environmental Protection (PADEP) published a draft technical guidance document entitled “Trenchless Technology Guidance,” PADEP Doc. No. 310-2100-003 (Mar. 19, 2022). See 52 Pa. Bull. 1693 (Mar. 19, 2022). The purpose of this draft guidance document is to outline the steps and options to consider, and implement as appropriate, when proposing to use a trenchless technology installation method on any portion of a project. PADEP intends for this draft guidance to help “avoid, minimize, or eliminate environmental impacts” associated with trenchless technology installation. Trenchless Technology Guidance at 2. The public comment period on the draft guidance closed on May 18, 2022.
The draft guidance developed out of a stakeholder workgroup required as part of a settlement with the Clean Air Council, the Delaware Riverkeeper Network, and the Mountain Watershed Association regarding the PADEP-issued permits for the Mariner East II pipeline project. Two workgroups were formed out of that settlement to create guidance related to two topics: (1) alternatives analysis and (2) trenchless technology. The draft “Alternatives Analysis Technical Guidance Document” was published for public comment in October 2021. PADEP is currently working to revise the guidance in response to comments. The draft Trenchless Technology Guidance is the second draft guidance to come from these workgroups.
Trenchless technology is defined in the draft guidance as “[a] type of subsurface construction work that requires few trenches or no trenches which includes any trenchless construction methodology, including, without limitation: horizontal directional drilling, guided auger bore, cradle bore, conventional auger bore, jack bore, hammer bore, guided bores, and proprietary trenchless technology . . . .” Trenchless Technology Guidance at 6. This draft guidance outlines the steps that proponents of projects using trenchless technology should consider. Each project should evaluate the “suitability, feasibility, and environmental considerations” of using trenchless technology methods on a case-by-case basis, using this guidance, if published, as a step-by-step guide. Id. at 2.
Accordingly, the draft guidance is broken into three major sections—(1) suitability, feasibility, and environmental considerations; (2) design and permitting; and (3) construction and compliance. Each of these sections corresponds to a step in the process of evaluating the use of trenchless technology. Each step is then further broken down into sections that detail the regulatory requirements for each project stage. For example, step one recommends that parties interested in using trenchless technology installation methods utilize a “site suitability analysis” and a “feasibility analysis” to evaluate the potential effects of using trenchless technology. The feasibility analysis should include the assessment for the use of trenchless technology construction as the least environmentally impacting alternative. PADEP recommends that more complex projects consult local stakeholders during the site suitability analysis and the feasibility analysis.
The draft guidance also includes two appendices that PADEP emphasizes are important tools for project proponents to utilize. Appendix A provides a guide to assist project proponents in evaluating risk when using trenchless technologies. Appendix B includes checklists that correspond to each of the major sections of the draft guidance. Project proponents are highly encouraged to use these checklists to assist with due diligence. If a box is not checked, “the project proponent should be prepared to explain why the information was not examined.” Id. at 63. PADEP requests that project proponents submit the applicable checklists with any permit applications. Id. at 31.
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