House environment committee approves bill to regulate ‘cumulative pollution’
The Pennsylvania House Environmental and Natural Resources Protection Committee voted HB 109 out of committee on a party line vote of 14 Democrats to12 Republicans April 7. The bill was the subject of a packed hearing in Chester in March.
The bill, titled “issuance of permits in environmental justice areas,” would require a public hearing in a community-designated an environmental justice area by the PA Department of Environmental Protection for a request for any permit by a polluting business to build a new facility or expand a facility known to emit significant air or water pollutants.
Shepherded through committee by Chair Greg Vitali, (D), Haverford, the bill is intended to prevent or minimize “cumulative pollution” in areas already beset by high levels of pollution detrimental to human health, even where each industry individually complies with federal pollution emission standards.
In Delaware County, the Chester – Trainer – Marcus Hook industrial corridor is ranked as an environmental justice community.
A study by Johns Hopkins University and the Clean Air Council found that residents of that area, along the Delaware River on the eastern side of the I-95 corridor, are exposed to significant cancer-causing pollutants, such as benzene, as well as foul odors, lung-damaging particulate matter, and excessive noise, all of which are detrimental to human health.
The area is home to numerous industries, including incinerators, a jet fuel processing plant and an LNG export terminal, all of which claim to meet federal standards for pollution emissions. In addition, the operation of those facilities and heavy freight train and highway traffic creates a very high level of noise pollution, the study found.
The bill would authorize the DEP to modify permits for new emissions or to deny the permit altogether if it found the applicant would contribute to cumulative pollution levels. The committee passed a nearly identical bill in the last session only to see it sent to the House Rules Committee where it died.
Most Republicans and some Democrats in both houses of the Legislature oppose any measure that would add to, rather than reduce, the level of government regulation of any industry slated to add jobs and economic activity to the state. They argue that requiring a public hearing in the affected community would add to and slow down economic growth.
The DEP has designated more than 184 areas throughout the state as environmental justice areas.
Minority Cochair Jack Rader Jr. (R), Monroe County (part), said he opposed the bill because he could not see why, if Industry A was within the law for pollutant emissions, and Industry B was following the law, and Industry C was within the law, why Industry D should be denied a permit to come into an area if it also agreed to follow the law.
“If people pollute, they should be dealt with. They should be shut down. If not, they shouldn’t be dealt with,” he said.
Vitali disagreed.
“If adding the fourth facility causes cumulative pollution that causes cancer and other human health effects, it’s the duty of the Legislature to rectify that. At some point, we have to consider all the impacts,” he said.
Vitali said the committee added an amendment to the bill that added consideration for effects on public health, broadens the scope of air pollution permits and add electrical generating plants to the specific industries required to apply for permits.
Rep. Carol Kazeem (D), Chester, had proposed but withdrew another amendment to the bill giving companies denied a permit the right to appeal.
Kazeem explained that although she withdrew the amendment, she believed it was “only fair” to provide an appeal process and she said she did not want to discourage developers that could bring other benefits to the community. Jodine Mayberry for the Clearinghouse