New DEP Rule Would Protect Already Polluted Communities

NEW JERSEY — A rule proposed by the Department of Environmental Protection would protect already-polluted communities from becoming even more polluted.

While the rule is new, it would actually implement a nearly two-year-old law signed by Gov. Phil Murphy in Sept. 2020, according to a copy of the 153-page proposal. This law, called an "environmental justice law," is the first of its kind and the most powerful in the nation, the DEP said, but this rule is needed to enact it.

The rule would make it so applicants seeking to build pollution-generating facilities in overburdened communities would be required to consider the impact on the community, as well as increasing community participation both with the applicants and the DEP's decision-making process.

An overburdened community as defined by the environmental justice law is one that, according to the most recent United States Census, is a census block group where at least 35 percent qualify as low income households, at least 4o percent of residents identify as a minority and at least 40 percent of households limited English proficiency.

Pollution disproportionately affects low-income and minority communities, the DEP said in the rule proposal. These are generally urban communities as well, which further compounds the issues. Since the law applies to census blocks, this also includes parts of more affluent areas to be protected.

"New Jersey is the first state in the entire country to wrestle meaningfully with addressing the cumulative impacts of pollution that are disproportionately experienced by low income, Black, brown and indigenous communities," DEP Commissioner Shawn LaTourette said in a press briefing, adding that this new rule was a "big deal."

With the new rule, applicants will have to complete the environmental justice impact statement process which includes assessing the current and potential environmental stressors and conducting a public hearing. Applicants also will have to respond to public comments on the application.

The DEP would be required to deny a permit if it would cause "disproportionate impact" in overburdened communities, unless there is significant public interest within the community.

While New Jersey's air quality is improving, six counties, Bergen, Camden, Hudson, Mercer, Middlesex and Ocean, received failing grades for ozone smog in the American Lung Association's annual assessment. According to the DEP, about 348 municipalities have overburdened communities within. The law would impact 4.6 million people in New Jersey.

"All eyes are on New Jersey when it comes to environmental justice right now," LaTourette said.