Unlocking Opportunities: Pennsylvania’s New Environmental Justice Policy Takes Effect on September 16, 2023
Posted: September 20th, 2023
Authors: James G.
On September 16th, 2023, the Pennsylvania Department of Environmental Protection (PA DEP) adopted an interim final Environmental Justice (EJ) policy (Interim Final EJ Policy) that introduces new requirements for projects classified as “trigger projects” when they apply for permits from the PA DEP. This policy represents a comprehensive directive designed to provide a structured approach for the PA DEP to fulfill its regulatory responsibilities while giving priority to EJ principles. The updated EJ Policy is organized into distinct sections, each contributing to a comprehensive framework for addressing equity concerns within regulatory operations. Below, we provide a breakdown of the key details of the updated Interim Final EJ Policy:
- Introduction and Background: This section provides contextual insights into the policy’s genesis and underscores its significance in fostering equitable environmental outcomes.
- Definitions for Clarity: Precise definitions establish a shared glossary ensuring consistent interpretation of EJ-related terminology and concepts throughout the policy.
- Environmental Justice Criteria and Mapping: This section delineates criteria for identifying disproportionately impacted communities and introduces spatial analysis techniques to facilitate targeted interventions in areas with heightened environmental concerns.
- Proactive Community Engagement: Articulating methodologies for proactive outreach to affected communities, this section aims to foster inclusive dialogue and ensure the participation of marginalized demographics in regulatory decision-making processes.
- Enhanced Public Participation Process: This segment outlines strategies for expanding public involvement in regulatory decisions, aligning with democratic principles, and promoting transparency.
- Inspections, Compliance, and Enforcement: Addressing the enforcement aspect, this section outlines strategies for robust and equitable enforcement measures to rectify environmental injustices.
- Community Development and Investments: Highlighting provisions for directing resources into disadvantaged areas, this section aims to address historical disparities and enhance community well-being.
- Integrating EJ into Climate Initiatives: Recognizing the intersection of climate and social equity, this section illustrates how environmental justice considerations will be seamlessly integrated into broader climate initiatives.
- Policy Updates for Ongoing Adaptation: Emphasizing the dynamic nature of the policy, this section underscores the commitment to adapt and evolve the policy in response to changing societal, environmental, and regulatory landscapes.
To aid the PA DEP in accurately identifying communities facing EJ issues, the department has also rolled out The Pennsylvania Environmental Justice Mapping and Screening Tool, known as PennEnviroScreen, which will be used to identify EJ populations based on pollution burden and population characteristics. The PennEnviroScreen tool employs a multi-faceted formula-based approach, integrating various indicators such as demographic data, socioeconomic factors, public health metrics, and environmental quality indices, that will calculate an EJ score based on demographic and pollution burden factors. The PennEnviroScreen tool also went live on September 16, 2023, and replaces the current PA DEP EJ tool that existed prior, and PA DEP anticipates using the tool to determine whether to engage in enhanced public outreach.
Approximately 4 million residents of Pennsylvania reside within EJ areas, which are identified as census tracts where either 20 percent or more of the population lives at or below the federal poverty line or 30 percent or more identify as a non-white minority.1 These communities frequently face challenges stemming from inadequate air quality, aged housing and infrastructure, and limited transportation options, all of which result from a history of disinvestment. The original EJ Policy from 2004 lacks specific regulations tailored for permitting polluting industries in many of these EJ areas which is why the PA DEP introduced a fresh draft policy aimed at addressing EJ concerns comprehensively. The Interim Final EJ Policy introduces the incorporation of EJ considerations into the PA DEP’s inspections and enforcement activities, while also allowing for updates to the definition of EJ itself. The revised policy also represents a significant stride forward, building upon the principles of the 2004 policy while incorporating more robust measures, advanced tools, and broader integration of EJ considerations throughout PA DEP’s regulatory activities. As stated by the PA DEP’s Acting Secretary Rich Negrin, the PA DEP “is committed to expanding proactive outreach to better understand communities’ concerns… (and) we’ll draw on this understanding as we develop and implement statewide greenhouse gas emission reduction strategies and fund programs that ensure Environmental Justice communities are centered in climate change mitigation and adaptation statewide”.2
Efforts to involve the public in the Interim Final EJ Policy take a comprehensive approach, highlighting accessibility, transparency, and inclusivity. Methods include virtual hearings for remote EJ opinions, diverse outreach channels for policy distribution, and webinars clarifying policy details. These strategies showcase the PA DEP’s commitment to wide-ranging participation, enhancing the legitimacy and effectiveness of the updated Interim Final EJ Policy within regulations. The draft policy’s Proactive Community Engagement section emphasizes the vital role of including community voices in decision-making. The PA DEP prioritizes community concerns, aiming for strong engagement through meetings, consultations, and collaborative sessions. By directly engaging community stakeholders, the agency incorporates these perspectives into policy development, fostering a more responsive, inclusive, and effective regulatory system.
The PA DEP demonstrates a firm commitment to advancing EJ principles beyond permitting through the way it aids and provides resources to communities facing EJ challenges. The PA DEP’s dedication to equitable environmental outcomes is highlighted by its involvement with impacted communities. Here, the agency collaborates to comprehend and address EJ concerns comprehensively. By allocating resources to these communities, PA DEP seeks to reduce their disproportionate burdens and promote a fairer distribution of environmental benefits. This approach aligns with PA DEP’s broader vision of not only meeting immediate regulatory needs but also promoting lasting enhancements in the well-being of marginalized populations, reflecting a holistic commitment to EJ.
Past efforts to revise the EJ Policy in 2018 marked a significant stride in advancing equity in environmental governance. Building on stakeholder feedback from this prior revision, the ongoing endeavor to refine the policy embodies a dynamic approach to development. The current revision, informed by lessons learned and stakeholder input, aims to overcome past limitations and ensure a more thorough and effective integration of EJ considerations within regulations. With a focus on broader integration, the revision aims to encompass a wider range of factors contributing to environmental disparities. By aligning the policy with evolving insights and best practices in the EJ field, the revision strives to establish a precedent for a more equitable and inclusive environmental governance paradigm in the future.
If your company is obtaining a permit for a project in Pennsylvania, ALL4 is prepared to assist you with any EJ-related permitting concerns you may have. In addition to monitoring EJ developments that could impact permitting nationwide, ALL4 can also support businesses in ESG strategy, GHG accounting and verification, setting carbon reduction targets and goals, and climate initiatives. To learn more about how ALL4 can address your specific needs or to discuss any ESG-related inquiries, please reach out to James Giannantonio, Managing Consultant of ESG & Sustainability, at jgiannantonio@all4inc.com.
