Pennsylvania has entered into a settlement in Chesapeake Bay Foundation v. DEP, No. 2009-116-L (Pa. Envtl. Hearing Bd. July 6, 2011), which will require it to amend its Erosion and Sediment Control General Permit (ESCGP-1).  A erosion and sediment control permit is required under Chapter 102 of the Pennsylvania Code for earth disturbance activities. 

The ESCGP-1 provides an expedited permit process for earth disturbance activities associated with oil and gas exploration, production, processing or treatment operations or transmission facilities.  Under the terms of the settlement, the ESCGP-1 will no longer be available for projects in high quality or exceptional value water bodies, in a floodplain or on contaminated land.