Rep. Vitali Introduces Bill To Establish DEP Environmental Justice Permit Review Program In Law, Analyze Cumulative Impacts Of Pollution From Facilities, Supported By DEP

On January 14, Rep. Greg Vitali (D-Delaware) introduced House Bill 109 that would establish DEP’s Environmental Justice Permit Review Program in law and require an analysis of the cumulative impacts of pollution from certain facilities before a permit could be issued.

The legislation is supported by the Department of Environmental Protection.  Read more here.

“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.

Click Here for a more detailed summary.

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

A House Environmental Resources and Energy Committee held a hearing on the legislation in June 2023 where Republicans and the shale gas industry expressed their opposition to the bill.  Read more here.

The bill was reported out of Committee that same June and saw no further action in the House.  Read more here.

Visit DEP’s Office of Environmental Justice webpage to learn more about environmental justice initiatives and tools.

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]

[Posted: January 16, 2025]  PA Environment Digest