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Thank you for your input in the Environmental Justice Rulemaking process.

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* 1. What is your name?

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* 2. What is your organizational affiliation(s)?

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* 3. What is your email?

From C.13:1D-160 Requirements for permit applicants in the Environmental Justice Law

The law directs the permit applicant to prepare an environmental justice impact statement that assesses the potential environmental and public health stressors associated with the proposed new or expanded facility, or with the existing major source, as applicable, including any adverse environmental or public health stressors that cannot be avoided if the permit is granted, and 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.

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* 4. What should be included in an Environmental Justice Impact Statement to ensure proper evaluation of the project and analysis of existing localized public health and environmental impacts and stressors? 

From C.13:1D-160 Requirements for permit applicants in the Environmental Justice Law 

Under the Environmental Justice Bill and as part of the submission of an application and EJIS, the applicant will need to conduct a public hearing.

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* 5. How can DEP ensure meaningful participation in public hearings?

From C.13:1D-158 Definitions relative to impact of pollution on overburdened communities in the Environmental Justice Law

The Bill defines environmental stressors to include, but not be limited to: 

  • Concentrated areas of air pollution;
  • Mobile sources of air pollution;
  • Contaminated sites;
  • Transfer stations or other solid waste facilities;
  • Recycling facilities;
  • Scrap yards, and
  • Point-sources of water pollution including, but not limited to, water pollution from facilities or combined sewer overflows.

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* 6. What should DEP consider as concentrated areas of air pollution? How should DEP measure?  What should DEP exclude?

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* 7. What should DEP consider as concentrated areas of mobile sources? How should DEP measure?  What should DEP exclude?

From C.13:1D-158 Definitions relative to impact of pollution on overburdened communities in the Environmental Justice Law

The Bill defines public health stressors as “conditions that may cause potential public health impacts in the overburdened community. 

EJ Law requires DEP to identify conditions that may cause Public health impacts including, but not limited to:

  • Asthma
  • Cancer
  • Elevated blood lead levels 
  • Cardiovascular disease
  • Developmental problems

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* 8. What should DEP consider as conditions that may cause for these public health impacts?

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* 9. Do you have any comments on "What should DEP consider as conditions that may cause for these public health impacts"?

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* 10. How should the Department quantify the above referenced environmental and public health stressors?
How should the Department compare the individual stressors to each other? Are certain stressors of greater concern than others?

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* 11. ​How should the public health impacts be compared relative to each other?​

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* 12. Available sources of data DEP should consider?

From C.13:1D-160 Requirements for permit applicants in the Environmental Justice Law

The Bill requires the Department to determine whether environmental or public health stressors are disproportionate to those borne by other communities within the State, county, or other geographic unit of analysis as determined by the department.

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* 13. What is the appropriate geographic unit?

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* 14. Do you have any comments on "What is the appropriate geographic unit"?

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* 15. What does it mean for an impact to be disproportionate?

From C.13:1D-160 Requirements for permit applicants in the Environmental Justice Law

When reviewing an application for a new, renewed or expanded facility subject to the EJ Law, an applicant is required to assess how the proposed project may contribute to environmental and public health stressors already faced by the community. The department shall evaluate the issuance of, or conditions to, the permit, as necessary in order to avoid or reduce the adverse environmental or public health stressors affecting the overburdened community.

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* 16. What types of conditions should an applicant be permitted to proposed to reduce stressors in the subject community?
Is a proposal to reduce a stressor not directly impacted by the proposed project ever appropriate?
Should the applicant be permitted to proposed conditions that would address environmental benefits that might otherwise be lacking in the subject community?

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* 17. What factors should DEP consider in determining whether the facility will serve a compelling public interest in the community?

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* 18. Should we have alternative ways to provide input other than formal stakeholder meetings?

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* 19. Do you have any comments on alternative ways to provide input other than formal stakeholder meetings?

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* 20. What information would help meaningful engagement in the process?

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* 21. Any additional comments or suggestions?

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