Advancing Environmental Justice: New Jersey’s Approach to Addressing Cumulative Stressors

Advancing Environmental Justice: New Jersey’s Approach to Addressing Cumulative Stressors

On April 17, 2023, the final Environmental Justice (EJ) Rule (N.J.A.C. 7:1C) officially became effective in New Jersey (NJ). The overall goal of this EJ Rule is to avoid disproportionate impact to overburdened communities (OBC) that could occur by a facility creating stressors or a facility contributing to a community already subject to stressors. While announcing the Nation’s first ever EJ Rule, New Jersey Governor Phil Murphy stated, “…the final adoption of DEP’s EJ Rules will further the promise of environmental justice by prioritizing meaningful community engagement, reducing public health risks through the use of innovative pollution controls, and limiting adverse impacts that new pollution-generating facilities can have in already vulnerable communities” (NJDEP). Further general applicability of New Jersey’s EJ Rule can be referenced here.

What are the Environmental and Public Health Stressors of NJ’s EJ Rule?

The New Jersey Department of Environmental Protection (NJDEP) analyzed various factors that impact OBCs and identified 26 stressors that are considered in the EJ Rule. The environmental or public health stressors are either a source of environmental pollution or a source that may cause public health impacts. NJDEP selected these stressors by choosing at least on core stressor in each of the legislatively mandated categories of concern, the quantifiability of the stressor, the availability of meaningful data in at a geographic scale, the value of the stressor in terms of representing the concern in an OBC, and consistency with stressors chosen by California or EPA. The 26 stressors are listed in the table below along with their brief description.

The Environmental and Public Health Stressors of New Jersey’s EJ Rule

Initial Screening

Once a facility subject to the EJ Rule submits a permit application, the NJDEP completes an initial screening of the facility and the surrounding community. The goal of the initial screening is for the facility to work with the NJDEP to confirm the facility is in an OBC and identify which stressors are being impacted by the facility and which stressors are already borne by the OBC. The following information will be provided to the facility via the initial screen:

• Identification of the environmental and public health stressors that are impacted by the facility.
• The geographic point of comparison.
  • Chosen non-OBC location in New Jersey in which the stressors are compared to.
• Identification of environmental and public health stressors that are higher than 50^th
• The Combined Stressor Total (CST) of the OBC.
  • This is the total count of stressors in an OBC that are higher than the geographical comparison result.
• Identification if the OBC is subject to adverse cumulative stressors.
  • Adverse cumulative stressors exist when the sum of CSTs of a community is higher than the geographic point of comparison.

Environmental Justice Impact Statement

After meeting with NJDEP and agreeing on the facility’s initial screening, the next step is to complete the Environmental Justice Impact Statement (EJIS). If it is determined in the initial screen that the OBC is not subject to adverse cumulative stressors or the facility can demonstrate avoidance of disproportionate impact, then the facility is only subject to completing an EJIS. If it is determined in the initial screen that an OBC is already subject to cumulative stressors or the facility cannot demonstrate disproportionate impact avoidance, the facility is required to complete an EJIS and provide supplemental information.

Preparing an EJIS is an extensive, meticulous process. The following information should be provided in an EJIS deliverable:

• An executive summary including supplemental information, if applicable.
• A description of the facility location with a site plan or map.
• A description of the facility’s current/proposed operations.
• Provide a list of all required Federal, State, and local permits for construction and operation.
• Evidence of satisfaction of any local EJ or cumulative impact analysis ordinances.
• The initial screening obtained from NJDEP.
• Assessment of both positive and negative impacts of the facility on each environmental and public health stressor in the OBC.
• A public participation plan with all proposed forms and public notice information.
• Proof the facility will avoid disproportionate impact.
• A brand-new facility must provide how they will serve a compelling public interest in the OBC.

Meaningful Public Participation

Upon submitting an EJIS, the facility must conduct a public hearing in the OBC to present the EJIS. Public notices must be published in multiple forms which include newspaper publications, notifications to property owners within 200 feet of the facility, online publications and post a sign at the facility location. There is a required minimum 60-day public comment period, and the facility must respond to all comments in writing. After this, the NJDEP will review the application, initial screening, EJIS, and public comments for a minimum of 45 days and determine if the facility can avoid a disproportionate impact to the OBC. It is important to note that the public participation period alone is a minimum of 105 days. If possible, the NJDEP will impose permit conditions necessary to ensure no impact will occur. If it is determined that avoiding disproportionate impact to the OBC is not possible, then the permit application will be denied unless there is compelling public interest from the OBC, or permit renewals will be subject to appropriate conditions to address facility impacts. Listed below is a summary of possible permit conditions:

• Permit Renewals
  • Avoid OBC impacts but if not avoidable, then minimize impacts as much as possible.
• Permits for New and Expanded Facilities
  • Consider additional conditions to reduce off-site stressors and/or provide a new environmental benefit that will improve overall environmental and public health stressors.
• Localized Impact Control Technology
  • Standards for major source components based on existing air program standards will address sites impacted by lack of technology upgrades. To reduce pollution the focus will be on technological feasibility.

If you have questions or need assistance planning for compliance with the NJDEP EJ Rule, please contact Lillia Blasius at lblasius@all4inc.com or (770) 999-0270. ALL4 also has additional resources available online, including a blog about the general NJDEP EJ Rule applicability, New Jersey Environmental Justice Final Rule Effective April 17, 2023, and our original coverage of the Rule, NJDEP Proposes Environmental Justice Rule.