By Kasey Hamilton, Southeastern Pennsylvania Group
It was a brooding March morning on the fourth as students with cardboard signs, community members clad in purple Chester Residents Concerned for Quality of Living (CRCQL) t-shirts, and suited state representatives filed into Lathem Hall at Widener University in Chester, Pennsylvania. More and more people kept arriving, so much so that the organizers had to bring out more chairs. Twice. Many carried signs declaring ‘Environmental Justice for All’ and ‘Zero Days with No Clean Air.’ Organizations like the League for Conservation Voters were represented, but many were simply concerned residents.
This was the public hearing for House Bill (HB)109 also known as “The Issuance of Permits in Environmental Justice Areas.” It is a regulatory measure that would increase or require public hearings, redefine an Environmental Justice area (EJ) based on a wider range of factors, require the Department of Environmental Protection (DEP) to consider cumulative damages in the permitting process; and critically, it would allow decisions to be made based on cumulative impacts. While the bill is granular in nature, its effects would be wide-ranging and a major win for environmental groups. Without it, DEP is unable to consider the pollution already occurring in a given region when issuing its decisions. Given the extent of industrial development in Pennsylvania, and the impending threat of a Liquified Natural Gas (LNG) terminal and the Mach 2 Hydrogen Hub HB, 109 would be an invaluable tool for environmental justice groups to fight for clean air and water in their communities. Eight other states have passed such measures, including neighboring New Jersey, and others are considering it.
Representative Greg Vitali, the Chairman of Pennsylvania’s House Environmental and Resources Committee and the morning’s emcee, introduced HB 109, saying, “For too long, communities such as Chester have been exposed to undue burdens …I was surprised to learn that cumulative impacts were not already considered [in the permitting process]. It’s just common sense.” He was candid when he spoke of the fight ahead for HB 109, calling out the trade unionists who have historically opposed the measure. He was hopeful that with the slim Democratic majority in the State House, they would be able to pass it.
Dressed for a fight in her head-to-toe camo, Zulene Mayfield, the chairwoman of the Chester Residents Concerned for Quality of Living (CRCQL) and lifelong Chester resident, was the first speaker brought before the committee. Her message was clear: For too long had Chester been home to others’ effluent. She detailed Chester’s thirty-year long history as home to what is now the nation’s largest trash incinerator, and the impacts of that alone on her community Her voice cracked as she proclaimed, “For all the people that come after me, they are going to be able to read these statistics, but we know the people that are dying.”
Scientists, physicians, and health service professionals were brought forward for expert testimony. They chronicled the direct correlation between high pollution and negative health outcomes for the EJ area of Chester and Southeastern PA more broadly.
The statistics alone were shocking:
Dr. Marilyn Howarth of the Perelman School of Medicine at the University of Pennsylvania plainly stated that, “In the City of Chester, the Black infant mortality rate (IMR) per 1,000 births was 2 times higher than the Pennsylvania IMR.”
The Assessing Strengths, Stressors and Environmental Justice in Southeastern PA Communities (ASSESS) study found that residents suffered a 25% asthma rate. The national prevalence is 9%.
Ms. Mayfield reported that Chester residents experienced laryngeal cancer and other cancers at 84% higher rate than the national average.
This, combined with Ms. Mayfield’s tear-jerking testimony, made it very clear: HB 109 would be a lifeline to communities like Chester. It would allow the DEP to take into consideration the preexisting burdens on EJs.
On April 7th, the House Committee voted to pass the resolution on party lines, with 14 Democrats voting yes, and 12 Republicans voting no. This moves the bill forward to the floor. While this is an important milestone, we must continue to pressure our representatives to ensure the bill's passage.
This blog was included as part of the May 2025 Sylvanian newsletter. Please click here to check out more articles from this edition!