The Role of Engineers in New Jersey Environmental Justice Compliance
Pollution is one of the unfortunate consequences of development and industrial operations. Data shows that industries contribute to 30% of the greenhouse gas emissions and 193.7 million pounds of water pollutants in the US. While industrial activities foster economic progress, discharges from these undertakings can also create harmful living conditions.
Pollution can hinder development, and this effect is most felt by overburdened communities that cannot protect themselves against the negative impacts of pollution. Historically, minorities, low-income households, indigenous populations, and communities of color have faced greater risks of exposure to environmental hazards. Because they lack the appropriate safeguards from environmental and health stressors, these overburdened communities suffer the most from the consequences of pollution.
New Jersey recognizes the impact of disproportionate environmental consequences suffered by overburdened communities. This has led to the enactment of the Environmental Justice Law in the state.
What is the Environmental Justice Law?
The Environmental Justice Law (2020 NJ S232) establishes rules for the evaluation of NJ facilities and their impact on the environment and public health of overburdened communities. On April 20, 2018, the NJ Governor signed Executive Order No. 23 directing the New Jersey Department of Environmental Protection (NJDEP) to take the lead in developing guidance for implementing the regulations. On September 22, 2021, Administrative Order 2021-25 was issued to provide guidance regarding the NJDEP’s expectations for facilities prior to the adoption and implementation of the EJ Law. Then the Environmental Justice Rule N.J.A.C. 7:1C was completed and adopted on April 17, 2023.
In the past, environmental laws were formulated based on the effect of pollution on the general population. Often, these laws fail to consider localized impacts on certain demographics. As a result, specific disadvantaged communities suffer disproportionately because of the lack of evaluation of their unique situations. The ratification of the Environmental Justice Law addresses this issue and fosters the interests and welfare of vulnerable communities.
The Environmental Justice Law aims to maintain the equal protection of NJ residents’ right to a healthy environment, regardless of national origin, ethnicity, color, race, or income. NJDEP achieves this by implementing environmental justice rules in permit applications and establishing the participation and input of the host community.
Environmental Justice Rules & Procedures
Under the law, air permit applicants have to assess the impact of their facilities on the public health and environment of overburdened communities. Only once they have confirmed that the populace will not be negatively affected by their activities will they be issued the necessary environmental permits.
Initial Screening
The environmental justice rules will apply if the establishment is located in an overburdened community and falls under one of these categories:
- a major source of air pollution
- sludge processing combustor
- resource recovery incinerator
- large sewage treatment plants
- large-capacity transfer station or recycling facility
- scrap metal facilities
- landfills
- medical waste incinerators
A comparative analysis is conducted, usually with the help of an NJDEP air permit consultant, to determine how the activities will affect the public health and environment of an overburdened community. In this analysis, the impact of the facility on the community will be evaluated in terms of stressor level. This value will then be compared to the stressor value in a geographic point of comparison, supposing the same facility is established in that location.
The facility is considered to have an adverse impact when the sum of its stressor values is greater than that of the geographic point of comparison. Based on the results, appropriate strategies must be implemented to avoid or minimize the identified negative impact on the overburdened community. Systems design by a NJ air permit consultant may be necessary to achieve this.
EJIS Preparation
An Environmental Justice Impact Statement (EJIS) is a document that outlines the facility’s potential environmental and public health impacts on the community. The EJIS should be completed according to NJAC 7:1C-3: Environmental Justice Impact Statement. It should contain all necessary and supplemental information to get the approval to proceed to the public participation process.
Meaningful Public Participation
The applicant is required to hold an in-person hearing to propose the project to the host community. In this hearing, the applicant will clarify the information regarding the project to the affected community. Any community concerns should be documented and submitted to the Department, as well as the response on how the applicant intends to address the comments.
NJDEP Review & Decision
After complying with the required procedures, NJDEP will review all relevant documents and issue a written decision. If the Department confirms that a facility does not have a disproportionate impact on a community, it will issue the applied permit and impose conditions to maintain compliance. The Department can deny the application until the facility can demonstrate a favorable impact on the overburdened community.
Assistance of Professional Engineers in Environmental Justice Compliance
The implementation of the Environmental Justice Law is making new changes in the permit application of certain facilities in New Jersey. With a higher level of scrutiny from regulatory bodies, facilities now require more extensive data collection, analysis, and community outreach. Navigating these challenges will require professional support to maintain NJDEP permit compliance.
An NJDEP permit consultant with professional environmental engineering qualifications can help determine the applicability of the law for the facility. By assessing the location and the particularities of the proposed facility, or evaluation of existing or proposed operations and equipment, they can identify whether it matches the criteria for covered entities.
Engineers play a particularly central role in the initial screening and EJIS preparation as facilities need to analyze data on air emissions, water pollutants, and other environmental factors. With their expertise, an accurate picture of the facility’s impact can be established and appropriate mitigation strategies can be determined. An engineer’s familiarity with the regulations allows them to complete the documentation in the format and schedule required by the law to assist the facility in efficiently obtaining the needed permits.
Moreover, an engineer can coordinate the timely posting of relevant notices for the public hearing. Their participation in these meetings may also be necessary to explain the technical aspects of the EJIS in a way that is both accessible and understandable.
Environmental engineers are critical in navigating the complexities of NJDEP permit application under the Environmental Justice Law. With their involvement, facilities can streamline the process while effectively minimizing the negative impact on vulnerable communities.
Engage with Professional Environmental Engineers in New Jersey
Environmental justice establishes equal rights to a clean and healthy environment no matter the race, color, ethnicity, and income. By complying with the Environmental Justice Law, covered facilities contribute to sustainable economic development that is inclusive and fair.
If you are looking for professional assistance in NJDEP permit compliance, reach out to Lockatong Engineering. Our NJ air permit consultants, who are experienced professional engineers, are updated with the developments in environmental regulations. We can help you with initial screening, compliance, problem resolution, and system design of your proposed facility.
Contact Lockatong Engineering today to consult with an environmental engineer regarding compliance with environmental justice.
