House Environmental Committee Reports Out Bill To Require DEP To Consider Cumulative Impacts Of Certain New Sources Of Pollution On Already Impacted Communities

On April 7, the House Environmental & Natural Resource Protection Committee amended and reported out 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 by a vote of 14 to 12-- Republicans opposing. 

This Committee action follows a March 4 hearing on the bill in Chester, Delaware County.

The amendment, offered by Rep. Greg Vitali, Majority Chair of the Committee and prime sponsor of the bill, added a requirement DEP evaluate public health impacts and evaluate any major stationary source of these air pollutants-- volatile organic compounds, hazardous air pollutants (list of 189) and any national primary ambient air pollutant-- ozone, particulate matter, lead, carbon monoxide, nitrogen oxide and sulfur dioxide.

The amendment would cover pollution from major oil and gas infrastructure and pipelines, power plants and many other facilities that emit these air pollutants.

Rep. Jack Rader, Jr. (R-Monroe), Minority Chair of the Committee, suggested some communities may want a facility, even with the pollution.

“So it kind of stifles business, could hurt local governments, maybe they need the tax base, maybe they need the jobs,” said Rep. Rader.

“And from the business perspective, why would any business go into an environmental justice area have to go through the board [DEP] process, go through all that, go through the uncertainty of doing that when they could go someplace else and have their business, and have the jobs, and have the tax base someplace else? “ said Rep. Rader.

He added, “I think local governing bodies already have the right, if they see a business trying to come in, that may be a pollutant or may be not good for the community, they already have a way to get around that.”

“They have every right to say no to a business coming in if they have environmental concerns and they can prove them. And they can also change the zoning laws,” said Rep. Rader.  “There are many times as a supervisor, I change the zoning so a business couldn't come in, I just changed the law and that was another way.”

House Bill 1089 (Steele (D-Allegheny), which prohibits the supply, sale or application of sealants containing polycyclic aromatic hydrocarbons (PAHs) on driveways or parking lots, was also reported out by a vote of 14 to 12-- Republicans opposing.

Both bills were then Tabled by the full House, the normal procedure.

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.

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.

NewsClip:

-- The Center Square: Environmental Justice Bill Moves Forward From PA House Committee

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]

-- 150+ Residents Of Chester Opposed To An LNG Natural Gas Export Facility Proposed In Their Community Let Their Feelings Be Known To The House Philadelphia LNG Export Task Force   [PaEN]

[Posted: April 7, 2025]  PA Environment Digest