New Jersey’s Environmental Justice (EJ) regulations establish specific requirements for certain environmental permit applications involving facilities in overburdened communities. The framework is based on the New Jersey Environmental Justice Law, N.J.S.A. 13:1D-157 through 13:1D-161, and the implementing regulations at N.J.A.C. 7:1C.
These requirements do not apply to every business in New Jersey. Instead, the rules cover specified facility types and permitting activities that could contribute to environmental or public health burdens in communities already experiencing disproportionate impacts. Identifying whether a project falls under the law is therefore important before preparing a covered permit application.
What Is the New Jersey Environmental Justice Law?
New Jersey enacted the Environmental Justice Law in 2020 to address disproportionate environmental and public health impacts in overburdened communities. The law requires the New Jersey Department of Environmental Protection (NJDEP) to consider existing community conditions when reviewing certain permit applications.
NJDEP identifies overburdened communities, or OBCs, at the census block group level. A community qualifies when it meets at least one of the statutory demographic criteria. These include:
- At least 35% of households have low-income status.
- At least 40% of residents belong to a minority group or a state-recognized tribal community.
- At least 40% of households include individuals with limited English proficiency.
NJDEP maintains and periodically updates the list of OBCs. The designation matters because the EJ permitting requirements are tied to facilities located or proposed within these communities.
The law also directs NJDEP to consider environmental and public health stressors affecting an OBC. By examining these existing conditions, the department can assess how a proposed facility may contribute to the community’s overall environmental burden.
What Is a Disproportionate Impact?
Under New Jersey’s Environmental Justice framework, a disproportionate impact can occur in two circumstances:
- When a facility introduces cumulative stressors – A facility’s contribution to environmental or public health stressors would cause an OBC to face a cumulative burden that it did not previously experience.
- When a facility adds to existing stressors– A facility would add an environmental or public health stressor to an OBC already subject to cumulative stressors.
The distinction depends on the community’s existing conditions and the proposed facility’s contribution. NJDEP considers these factors when evaluating covered permit applications under the Environmental Justice Law.
What Are the NJDEP Environmental Justice Rules?
NJDEP adopted N.J.A.C. 7:1C, known as the Environmental Justice Rules, to implement the statutory requirements. The rules took effect on April 17, 2023, establishing the process applicants must follow when a covered facility and permitting activity trigger EJ review.
EJ review can require steps beyond those involved in a conventional permit application. Depending on the project, an applicant may need to:
- Determine whether the facility and permit activity are subject to the EJ Rules.
- Evaluate existing environmental and public health stressors in the affected OBC.
- Assess the potential stressors associated with the proposed activity.
- Prepare an Environmental Justice Impact Statement (EJIS).
- Conduct required public participation activities.
- Evaluate measures for avoiding or reducing adverse impacts.
- Address additional NJDEP requirements or permit conditions.
The EJ Rules work alongside existing environmental permitting programs rather than replacing them. Existing requirements governing air emissions, wastewater, solid waste, and other regulated activities still apply.
Who Do the EJ Rules Apply To?
The EJ rules cover specific facilities and permitting activities rather than all businesses located in an OBC. Businesses should assess their operations against the following criteria to determine whether EJ review applies:
- Is the facility covered?The operation must fall within one of the facility categories identified by the Environmental Justice Law.
- Is the facility in an OBC?The facility’s location must meet the applicable NJDEP criteria for an OBC.
- Is the permit activity covered?The proposed action must fall within the scope of EJ review, such as the permitting of a covered new facility, an expansion, or a major source permit renewal.
Which Facilities Are Covered by the EJ Rules?
The EJ Rules identify eight broad categories of facilities that may be subject to additional permitting requirements under the Environmental Justice Law. Coverage depends on the applicable statutory criteria and the proposed permitting activity.
1. Major Sources of Air Pollution
This category includes facilities that meet applicable federal or New Jersey thresholds for major sources of air pollution. In New Jersey, a major source facility is defined as having the potential to emit any of the air contaminants at or above the threshold of 100 tons per year of CO, TSP, SO2, or 25 tons per year of NOx, VOC, or HAPs
Examples may include large industrial operations, power plants, and cogeneration facilities.
2. Resource Recovery and Incineration Facilities
Covered facilities include resource recovery facilities, incinerators, and certain facilities that process, combust, or incinerate sewage sludge.
3. Large Sewage Treatment Plants
The law includes sewage treatment plants with a capacity exceeding 50 million gallons per day.
4. Transfer Stations and Solid Waste Facilities
Facilities that handle or transfer regulated solid waste.
5. Certain Recycling Facilities
Recycling facilities are intended to receive at least 100 tons of recyclable material per day.
6. Scrap Metal Facilities
Facilities falling within the statutory definition of a scrap metal facility.
7. Landfills
Landfills are among the facility types addressed by the law, including facilities accepting ash, construction, and demolition debris, or solid waste.
8. Medical Waste Incinerators
Medical waste incinerators fall within the categories addressed by the law. However, certain facilities operated by hospitals or universities to process their own regulated medical waste are excluded.
Ordinary commercial properties, such as warehouses and office buildings, are not covered solely because of their location in an OBC. Their applicability must be assessed against the facility categories and permitting activities specified by the law.
What Businesses Should Check Before Applying
Businesses planning a new facility, an expansion, or a major source permit renewal should assess EJ applicability before preparing the underlying permit application.
The assessment should cover the following areas:
- The facility category under N.J.S.A. 13:1D-158.
- The facility’s location relative to an OBC.
- The specific permit or permit modification being requested.
- The applicable Environmental Justice Mapping, Assessment, and Protection tool(EJMAP) stressor dataset.
- Existing environmental and public health concerns within the OBC.
- Potential stressors associated with the proposed activity.
- Measures to avoid or reduce the facility’s contribution to those stressors.
- Applicable public participation and Environmental Justice Impact Statement (EJIS) requirements.
For projects involving major-source air permitting, emissions calculations, control technology, or permit modifications, an NJDEP air permit consultant can help evaluate the technical requirements and coordinate them with the EJ review.
Addressing these considerations alongside the underlying permit requirements also supports NJDEP permit compliance. EJ review adds requirements to the applicable permitting process rather than replacing the facility’s existing environmental obligations.
Stay Ahead of NJDEP Environmental Justice Requirements
Meeting New Jersey’s Environmental Justice requirements involves more than understanding the rules themselves. Covered facilities must determine how the regulations affect their permitting obligations and address the applicable requirements as part of the approval process.
Planning ahead can help businesses identify potential compliance concerns before they affect project timelines. Lockatong Engineering can help evaluate NJDEP permitting obligations, clarify applicable Environmental Justice requirements, and guide businesses through the compliance process.
Contact us today to discuss your project and get professional guidance on navigating New Jersey’s Environmental Justice and permitting needs.
