State Republicans urge DEP to withdraw updated environmental justice policy

Several Pennsylvania Republicans slammed an updated environmental justice policy recently put into effect by the state Department of Environmental Protection (DEP) that they say will increase costs and slash new investments and jobs.

“While we agree that reforming DEP’s difficult, lengthy, and unpredictable permitting process is necessary, this policy represents a bold step in the opposite direction,” the lawmakers wrote in Nov. 30 comments submitted to DEP Acting Secretary Jessica Shirley.

The four lawmakers who signed the letter — State Senate President Pro Tempore Kim Ward (R-39), State Senate Majority Leader Joe Pittman (R-41), Senate Appropriations Committee Chairman Scott Martin (R-13), and Senate Environmental Resources and Energy Committee Chair Gene Yaw (R-23) — said they oppose the DEP’s Interim Final Environmental Justice Policy, which went into effect in September but was up for public comment through the end of November.

The DEP’s policy, which encourages staff to prioritize Pennsylvania communities that bear a disproportionate share of pollution and health problems when inspecting facilities and enforcing permits, will further complicate — rather than streamline — the state’s permitting process by adding more layers of regulatory requirements that will cost Pennsylvania jobs and new investments, according to their comments.

“Businesses and facilities located in environmental justice communities will face increased regulatory scrutiny in both permitting and compliance,” the senators wrote.

Additionally, policy mandates calling for additional opportunities for public outreach and public participation in the permitting process in low-income communities and communities of color will add to existing permit delays and project costs, they wrote.

“It further provides for increased scrutiny of ongoing operations in environmental justice communities, and provides for the imposition of new civil penalties when a violation occurs,” wrote the senators. “In addition, the policy requires that the identification and mapping of environmental justice areas be updated every two years.

“Again, this represents a step in the wrong direction from the Shapiro administration’s purported goal of making the permitting process in Pennsylvania more straightforward and predictable,” they added.

The state lawmakers also pointed out that DEP has exceeded its authority by putting forth the policy and has no statutory authorization to do so, saying such “drastic reforms” must be enacted through the legislative process.

At the same time, they cited what they think is another troubling aspect of the policy: its lack of public input.

“DEP unilaterally adopted this policy and has been operating under its terms since September — long before the close of the public comment period,” according to their letter. “It is certainly ironic that DEP would adopt such a policy — which is intended to withhold permits from applicants who seek to do business in Pennsylvania unless and until they have received the requisite level of public input — while DEP itself has adopted this policy without considering any public comment or input.”

The senators urged DEP to immediately withdraw the policy and work with the General Assembly to address any environmental injustices that may exist in Pennsylvania communities.