House Environmental Committee Meets April 7 On Bill To Establish DEP Environmental Justice Permit Review Program To Analyze, Consider Cumulative Impacts Of Pollution From Some New Facilities

The House Environmental & Natural Resource Protection Committee is scheduled to meet April 7 to consider House Bill 109 (Vitali-D-Delaware) establishing an environmental justice permit review program in DEP to consider cumulative impacts of pollutants on communities already burdened by pollution. 

Also on the agenda are House Bill 969 (Pielli-D-Chester) requires outdoor night lighting practices that reduce light pollution from public facilities and House Bill 1089 (Steele (D-Allegheny) prohibits the supply, sale or application of sealants containing polycyclic aromatic hydrocarbons (PAHs) on driveways or parking lots.

Background On Cumulative Impacts

Rep. Greg Vitali, Majority Chair of the Committee, provided this summary of House Bill 109--

“Under the Pennsylvania constitution, all Pennsylvanians have the right to a clean environment, regardless of zip code. However, that is not always the case in practice, especially in burdened communities,” said Rep. Vitali.

“This legislation would give the Pennsylvania Department of Environmental Protection the authority to designate environmental justice areas in communities with increased pollution burdens and vulnerable populations.

“Before issuing a permit in an environmental justice area, the applicant would be required to submit a cumulative environmental impact report.

“This legislation also requires the department to conduct a more robust public hearing process for these permits.

“DEP may require additional conditions or mitigation requirements or deny a permit based on cumulative impacts,” added Rep. Vitali.

The legislation covers permits for industrial wastewater facilities, certain air permits, waste permits for facilities processing more than 25 tons a month, mining permits, land application of biosolids, animal feeding operations, electric generating facilities, sewage treatment plants, and underground injection wells.  [See bill language for more details.]

Additional facilities can be added by regulations adopted by the Environmental Quality Board.

The permit applicant must prepare and submit with the application for facility permit or other authorization, a cumulative environmental impact report assessing the environmental impact of the proposed new facility or expansion of an existing facility, together with the cumulative impacts on the environmental justice area, and the adverse environmental effects that cannot be avoided or mitigated should the permit be granted.

DEP may require additional conditions or mitigation measures or may deny a permit application in an Environmental Justice Area based on the Cumulative Impact Report.  If DEP overrides the recommendations of the municipalities affected, the agency must explain why it did so.

This legislation was introduced as House Bill 652 (Bullock-D-Philadelphia) last session. Rep. Bullock retired from the House in July 2024.

The bill was reported out of Committee in June 2023, but Tabled in September 2023 and saw no further action.

Joining The Meeting

The meeting will be held in Room 205 Ryan Building starting at 11:00 a.m.  Click Here to watch online.

Rep. Greg Vitali (D-Delaware) serves as Majority Chair of the House Environmental  & Natural Resource Protection Committee and can be contacted by calling 717-787-7647 or sending email to: gvitali@pahouse.net.  Rep. Jack Rader, Jr. (R-Monroe) serves as Minority Chair and can be contacted by calling 717-787-7732 or click here to send an email.

Resource Links:

-- Republicans, Shale Gas Industry Oppose House Bill Requiring The Evaluation Of Cumulative Impacts Of Some New Pollution Sources On Communities Already Burdened By Pollution  [PaEN]

-- House Committee Reports Out Bill Requiring The Evaluation Of Cumulative Impacts Of Some New Pollution Sources On Communities Already Burdened By Pollution; And Other Bills  [PaEN]

Related Article This Week:

-- 7 Years Ago, People From Over 70 Households Gave First-Hand Accounts Of How The PA Shale Gas Industry Impacted Their Health, Lives And Communities To A State Grand Jury Describing The ‘Sometimes Harsh Reality’ Of These Operations  [PaEN] 

[Posted: March 31, 2025]  PA Environment Digest