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PA Bulletin, Doc. No. 18-1077

NOTICES

DEPARTMENT OF
ENVIRONMENTAL PROTECTION

Order of the Commonwealth Court of Pennsylvania dated June 28, 2018, in Marcellus Shale Coalition v. Department of Environmental Protection of the Commonwealth of Pennsylvania and Environmental Quality Board of the Commonwealth of Pennsylvania; Doc. No. 573 MD 2016

[48 Pa.B. 4175]
[Saturday, July 14, 2018]

 The Department of Environmental Protection (Department) provides notice of the following June 28, 2018, Order of the Commonwealth Court of Pennsylvania which clarifies the compliance deadlines in 25 Pa. Code § 78a.59b(b) (relating to well development impoundments). The Commonwealth Court issued its Order in response to an Amended Joint Application for Relief Requesting Clarification of the Compliance Deadlines in 25 Pa. Code § 78a.59b(b) filed by the Department, the Environmental Quality Board and the Marcellus Shale Coalition in the case of Marcellus Shale Coalition v. Department of Environmental Protection of the Commonwealth of Pennsylvania and Environmental Quality Board of the Commonwealth of Pennsylvania, Commonwealth Court Docket No. 573 MD 2016. The Commonwealth Court's Order, at Paragraph 2, directs the Department to publicize the Order in the Pennsylvania Bulletin, notifying the regulated community and public of the correct compliance dates.

 The Commonwealth Court's Order extends the December 7, 2016, deadline from 25 Pa. Code § 78a.59b(b) to Monday, August 27, 2018, and extends the October 10, 2017, deadline from 25 Pa. Code § 78a.59b(b) to Friday, June 28, 2019.

 For further information, contact Elizabeth Davis, Assistant Counsel, Bureau of Regulatory Counsel, P.O. Box 8464, Rachel Carson State Office Building, Harrisburg, PA 17105-8464, (717) 787-7060.

PATRICK McDONNELL, 
Secretary

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

The Marcellus Shale Coalition, Petitioner v. Department of Environmental Protection of the Commonwealth of Pennsylvania and Environmental Quality Board of the Commonwealth of Pennsylvania; No. 573 M.D. 2016

Order

 Now, this 28th day of June, 2018, upon consideration of the Amended Joint Application for Relief Requesting Clarification of the Compliance Deadlines in 25 Pa. Code § 78a.59b(b) and Request for Expedited Review (Amended Joint Application), the Amended Joint Application is hereby Granted. This Court previously enjoined enforcement of 25 Pa. Code § 78a.59b(b) by preliminary injunction issued on November 8, 2016, and the Pennsylvania Supreme Court reversed this Court's preliminary injunction as to this specific regulation in its decision dated June 1, 2018. To provide for clarity as to the time periods for compliance with the requirements set forth in 25 Pa. Code § 78a.59b(b), it is hereby Ordered:

 1. The December 7, 2016 deadline set forth in 25 Pa. Code § 78a.59b(b) shall be extended to 60 days from the date of this order, and the October 10, 2017 deadline set forth in 25 Pa. Code § 78a.59b(b) shall be extended to one year from the date of this Order.

 2. The Pennsylvania Department of Environmental Protection shall submit this Order for publication in the Pennsylvania Bulletin on the next submission deadline following the date of this Order.

P. KEVIN BROBSON, 
Judge

[Pa.B. Doc. No. 18-1077. Filed for public inspection July 13, 2018, 9:00 a.m.]


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