Skip to content

NJ Environmental Justice Rulemaking — Process & Environmental Justice Impact Statement

Please respond by June 21

🔗 View the powerpoint from the stakeholder meeting:  
Preliminary list of requirements for an Environmental Justice Impact Statement
  • Analysis of the environmental or public health stressors already borne by the Overburdened Community as a result of existing conditions located in or affecting the Overburdened Community;
  • Determination of environmental or public health stressors that are higher than the geographic point of comparison;
  • Analysis of the potential environmental and public health stressors associated with the proposed new or expanded facility or existing major source;
  • Analysis of how the potential environmental and public health stressors associated with the proposed facility will cause or contribute to stressors already borne by the Overburdened Community;
  • A description of the steps the applicant will implement at the project site to avoid causing or contributing to stressors already borne by the Overburdened Community;
  • If an applicant seeks to demonstrate that a new facility meets a Compelling Public Interest – how the facility is of the type that serves a Compelling Public Interest in the Overburdened Community, including additional measures the applicant would propose to protect public health and improve baseline environmental and public health stressors in the Overburdened Community;
  • Other relevant elements/points of analysis from other existing “impact analyses.”
Environmental Justice Impact Statement (EJIS) Development
1.What feedback do you have, if any, on the preliminary list of requirements for an Environmental Justice Impact Statement (EJIS)? (see above)
2.What, if anything, should DEP require to be included in the EJIS?
3.What, if anything, should NOT be included in the EJIS?
4.What, if any, types of alternatives should be included in the EJIS?
5.How many types of alternatives should the applicant explore?
6.How detailed should the alternative analyses be?
Public Participation
7.How can DEP ensure meaningful public participation in the EJIS process?
8.Are the statutory methods of notice (two newspapers – one local non-English, DEP website and Bulletin) sufficient?
9.How else should an applicant reach community members?
10.How should an applicant determine into which languages notices must be translated?
11.To what extent should DEP participate in or attend the EJIS Public Hearing?
12.When is it appropriate for DEP to require an applicant to hold an additional public hearing?
13.Should DEP require the applicant to provide written responses to comments received during the public comment period or at the public hearing?
14.Should there be an additional/extended public comment period after the public hearing? Under what conditions?
Additional Oversight/Steps
15.Are the statutory methods of making the EJIS available (by governing body and the clerk of the municipality/DEP website) sufficient?
16.Should the regulations have a preapplication phase where DEP determines if the EJIS is sufficient?
17.Should DEP be able to request revisions to the EJIS after Applicant has distributed EJIS for the Public Hearing? …after the Public Hearing?
18.Should DEP include the final EJIS with the final issued permit?
NJDEP's Support Level
19.What support, if any, should DEP provide to ensure the content of an EJIS is understandable?
20.What support, if any, should DEP provide to facilitate a response to the content of an EJIS?
21.Do you have any additional comments?