With Almost No Notice, House Republicans Report Bill Out Of Committee To Stop Environmental Regulations

On April 20, with almost no notice, Republicans on the House State Government Committee reported out  House Bill 2416 (Everett-R-Lycoming) that would stop any proposed or final environmental or other state agency regulation from being finalized until at least 90 days after the March 6 COVID-19 emergency declaration by the Governor is terminated.

The bill is sponsored by retiring Majority Chair of the Committee Rep. Garth Everett (R-Lycoming).

Under the bill, no proposed regulation may be submitted in final form to the Independent Regulatory Review Commission or the House and Senate committees.

No final or final-omitted regulation may be promulgated as a regulation by DEP or any agency.

The bill allows state agencies to petition the appropriate standing committees of the Senate and House-- solely controlled by Republicans-- for a waiver from the prohibition against publishing regulations.

There is no requirement in the bill for the committees to take any action on the request.

This procedure raises significant constitutional issues because it requires nothing be passed by the full Senate and House and presentment to the Governor.

On April 14, Rep. Daryl Metcalfe (R-Butler), Majority Chair of the House Environmental Resources and Energy Committee, sent a letter to DEP Secretary Patrick McDonnell demanding DEP stand down on environmental regulations during the COVID-19 shutdown.

This bill is consistent with the demand by Rep. Metcalfe.  Read more here.

Click Here for more background on the bill and learn other House and Senate Republican efforts to kill environmental regulations, take permitting authority away from DEP and starve state environmental protection programs of funding.

The bill now goes to the full House for consideration under remote voting rules which severely limits debate on legislation.

Affected DEP Regulations

This bill would have an immediate impact on important DEP regulations, including--

-- Final regulation increasing permit fees on unconventional oil and gas well permits that is needed to fund DEP’s Oil and Gas Well Management Program

-- Final regulation reducing the sulfur content of heating oil from 500 ppm to 15 ppm

-- Final regulation updating hazardous waste regulations to conform to federal requirements

-- Proposed regulation setting air emission standards for Oil & Gas Operations

-- Proposed regulation setting cleanup standards for PFOA/PFOS contamination

-- Proposed regulation increasing Air Quality Permit fees needed to fund the program

-- Proposed regulation increase Water Quality/NPDES Permit fees needed to fund the program

-- Proposed regulation redesignating the Water Quality protection for over 40 streams

-- Proposed regulation setting a water quality standard for manganese

For a more comprehensive list, visit DEP’s eComment webpage.  Click Here for DEP Regulatory Update report showing the status of regulations.

Rep. Garth Everett (R-Lycoming) serves as Majority Chair of the House State Government Committee and can be contacted by calling 717-787-5270 or sending email to: geverett@pahousegop.com.   Rep. Kevin Boyle (D-Montgomery) serves as Minority Chair and can be contacted by calling 717-783-4944 or sending email to: RepKevinBoyle@pahouse.net.

(Photo: Rep. Everett)
[Posted: April 20, 2020]  PA Environment Digest