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:
PA Oil & Gas Industry Public Notice Dashboards:
-- DEP: Shale Gas Driller Failed To Restore 3 Million Gallon Water Impoundment, Well Site For Nearly 8 Years In Clinton County [PaEN]
-- DEP: Nearly 7 Year Struggle Continues To Cleanup Multiple Conventional Oil Well Spills At Site In Economy Borough, Beaver County [PaEN]
-- PA Oil & Gas Industrial Facilities: Permit Notices, Opportunities To Comment - April 5 [PaEN]
-- Environmental Quality Board Invites Comments On Spill Notification Regulation Changes; May 15 Virtual Hearing [PaEN]
-- Susquehanna River Basin Commission April 24 Hearing On Water Withdrawal Requests, Including Renewal Of 2 Shale Gas Water Projects [PaEN]
-- DEP To Use General Permit To Implement New Federal Oil & Gas Facility Methane Reduction Regulation [PaEN]
-- DEP Announces Availability Of Air Quality General Permit For Gaseous Fuel-Fired Spark Ignition Internal Combustion Engines (GP-16) [Copy of GP-16]
-- DEP Posted 83 Pages Of Permit-Related Notices In April 5 PA Bulletin [PaEN]
Related Article This Week:
-- Environmental Health Project Releases New White Paper: PA's Shale Gas - What We Can Do Now To Better Protect Public Health [PaEN]
-- Environmental Health Project: Lois Bower-Bjornson Shares Her First-Hand Experiences With Shale Gas Health, Environmental Impacts In Washington County [PaEN]
-- Environmental Hearing Board Denies EQT Shale Gas Motion To Exclude Evidence Of Medical Conditions, Toxicology Reports Related To A Landowner Appeal Of A DEP Water Supply Contamination Determination [PaEN]
-- 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 [PaEN]
-- DEP Climate Change Committee Meets April 22 On Microgrids, Abandoned Oil & Gas Well Plugging, Update On Federal Clean Energy, Climate Funding Programs [PaEN]
-- Marcellus Drilling News: PA Supreme Court Upholds Rule Of Capture In Resurrected Trespass Case [PDF of Article]
-- Guest Essay: The Real Waste In Pennsylvania Government - Criticizing The Right Of Citizens To Petition Their Government For Change - By Terrie Baumgardner, Resident Of Aliquippa, Clean Air Council Outreach Coordinator [PaEN]
-- Utility Dive: US DOE Offers 2 National Energy Technology Laboratory Sites In Pittsburgh For Colocating Data Centers, Related Power Plants [PaEN]
NewsClips:
-- Inside Climate News - Jon Hurdle: PA Health Advocates Say Gov. Shapiro Has Let Residents Down On Shale Gas Fracking Protections
-- PA Capital-Star Guest Essay: Still Room For Frontline Community Protections From Shale Gas Impacts In Gov. Shapiro’s ‘Lightning’ Energy Plan - By Alison Steele, Environmental Health Project
-- Capital & Main - Audrey Carleton: Chesapeake Energy, Fined $1.9 Million For Damaging Wetlands In PA, Is On New Federal ‘Fast Track’ Permit Approval List
-- TribLive: Decision On 2nd Oil & Gas Wastewater Injection Well In Plum Boro, Allegheny County To Come In June, Zoning Board Says
-- Bradford Era: Another Oil & Gas Wastewater Injection Well Proposed In McKean County; Hearing Will Only Be Held By Public Request [PDF of Article]
-- Chesapeake Bay Journal - Karl Blankenship: Report Says Pennsylvania Poised To Be Geothermal Energy Leader
-- Wall Street Journal: Homer City Coal Power Plant Was Just Imploded To Make Way For An A.I. Data Center, The Country’s Largest Natural Gas Power Plant [PDF of Article]
-- Post-Gazette - Anya Litvak: Homer City Reinventing Itself As Datacenter Campus With Lots Of Natural Gas Power To Supply It
-- TribLive: Homer City Site: Large Gas-Fired Power Plant To Support Data Center
-- Pittsburgh Business Times: Homer City Coal Power Plant Site To Become A.I. Data Center With Massive Gas-Fired Power Plant
-- Williamsport Sun Editorial: Sen. Yaw’s Bill To Prohibit Bans Of Any Energy Sources Correct
-- Energy Choice Matters: Peoples Natural Gas Rate For Gas To Increase Another 14% April 1
-- Altoona Mirror: Peoples Natural Gas Raises Gas Rate Another 14% April 1
-- Reuters: Oil, Gas, Refined Product Imports Exempt From President’s Tariffs [The Things They Buy Are Not]
-- The Center Square: Critics: Climate Change Lawsuit Against Oil & Gas Companies On Tenuous Legal Grounds [Bucks County Example]
[Posted: March 31, 2025] PA Environment Digest
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