While the concept of “Environmental Justice” (EJ) may seem to be a more recent development in the government arena, it has actually been around for over 30 years. It’s been interpreted differently depending on the context, but a general definition is to assure new rules, policies, public investments, and industrial, commercial, and municipal operations do not cause disparate adverse environmental, health, or safety impacts on vulnerable communities. EJ can be a key factor in the air permitting process, where air pollution may directly impact certain populations disproportionately. Historically, various tools, such as EJScreen and the Council for Environmental Quality (CEQ) Climate & Environmental Justice Screening Tool (CEJST), have been available for private or public use to assess the potential environmental impacts of projects.
With the change in administration at the federal level and the discontinuation of these tools, it’s important to be aware of how Arizona agencies are addressing EJ. Each environmental agency in Arizona, including the Arizona Department of Environmental Quality (ADEQ), Maricopa County Air Quality Department (MCAQD), Pinal County Air Quality Department (PCAQCD), and Pima County Department of Environmental Quality (PDEQ), assesses EJ and takes measures to protect the public differently.
Environmental Justice in ADEQ
ADEQ’s authority for EJ is Title VI of the Civil Rights Act of 1964. ADEQ prioritizes transparency in its environmental permitting efforts and has developed various tools and programs to further this effort. While ADEQ does not have an EJ-specific program as a part of the air permitting process, ADEQ’s public outreach and involvement opportunities are available through the MyCommunity webpage. This webpage provides access to current air quality status, permits of interest, and on-going permit actions in addition to resources on water and waste programs.
The most recent addition to ADEQ’s efforts for transparency is the Permits in Process (PIP) tool. This tool is updated daily with all individual air and water quality permit applications in review, waste programs, and all permits issued over the last 90 days.
ADEQ also has a monthly report sent via email that summarizes the PIP data for the aforementioned permits and programs. The PIP provides a single resource for any member of the public to identify and research any on-going environmental permitting within ADEQ jurisdiction.
Proposed air permit actions may also be required to go through a public comment period depending on the class of the source and the scope of the modification. Public comment involves publishing a notice on ADEQ’s website and in local/regional newspapers near the proposed source, as well as making a copy available in-person at a location close to the source, such as a clerk’s office, library, or other local government building. ADEQ takes measures to provide access to these services to individuals with limited ability to read, speak, or write English. Air permit applicants may also be required to post public notices outside of their facilities.
While no EJ-specific programs are a part of the air permitting process, public involvement is encouraged and accessible. For specifics on public participation, please see section R18-2-330 of the Arizona Administrative Code or contact one of ADEQ’s community liaisons.
Environmental Justice in Maricopa County
Similar to ADEQ, MCAQD’s authority for EJ is Title VI of the Civil Rights Act of 1964. While no EJ-specific program is in place, MCAQD does have various programs and initiatives providing transparency and public outreach. The most notable is the Title VI Nondiscrimination Program that allows any member of the public to file a complaint to MCAQD if they have suffered from discrimination under any MCAQD program. In addition to the Title VI Nondiscrimination complaints, there is also an air quality concern or violation program. MCAQD investigates over 1,000 complaints each year about air pollution concerns from the public.
MCAQD also has a public comment program, similar to ADEQ’s, where any permit action above the public notice threshold is required to undergo public comment. As a part of public notice, MCAQD will post in local newspapers and also has mailing lists for permit actions as well as the right to provide notice via other methods, such as non-traditional media postings. MCAQD also offers Spanish options of all notices, including phone line options, Spanish speaking representatives, community letters, material posted online, and newspaper articles.
While no EJ-specific program is a part of the air permitting process, public involvement is encouraged and accessible. More information on MCAQD’s programs and outreach programs can be found on their website.
Environmental Justice in Pima County
The Pima County Department of Environmental Quality (PDEQ) has a distinct Environmental Justice program with the goal of “equitable and fair treatment of all residents and meaningful involvement of all regardless of race, color, national origin, or income with respect to environmental programs, laws and policies.” As a part of the EJ program, Pima County hosts and sponsors community events to educate the public. In addition to hosting events, PDEQ was the recipient of a $1 million grant from the EPA in 2023 for a 4-year Climate Pollution Reduction Grant. As a part of this grant, PDEQ distributed funding to 5 local organizations to address EJ in disadvantaged communities.
In addition to public outreach and community events, PDEQ offers public participation on rulemakings, stationary source air permitting actions, and substantive policy statements. PDEQ also provides online interactive maps that show air permits, landfills, superfund sites, etc. While EJ is not incorporated specifically into the air permitting process, PDEQ does have a grievance filing procedure to address allegations of discrimination in the administration of PDEQ’s programs and activities (including permitting).
Environmental Justice in Pinal County
Pinal County Air Quality Control District (PCAQCD) does not have an EJ-specific program in place but does adhere to the Civil Right Act of 1964 regarding any discrimination-based complaints or concerns. Akin to MCAQD and ADEQ, public participation is a part of the permit approval process and notifications are posted on PCAQD’s website as well as on display at the PCAQCD offices. PCAQCD also has a complaint form that can be submitted via their online system.
Summary
Environmental Justice remains a factor in air permitting across Arizona primarily through efforts towards public outreach, notice, and engagement. While none of the agencies have a dedicated EJ program integrated into their air permitting processes, they all uphold Title VI of the Civil Rights Act of 1964 and provide avenues for public involvement through public notice and complaint procedures. ADEQ, MCAQD, PDEQ, and PCAQCD each facilitate community participation in environmental decision-making, whether through public comment periods, online tools, or dedicated EJ initiatives.
With recent changes at the federal level, including the removal of EJScreen and CEJST, understanding the evolving EJ landscape in Arizona and mechanisms for public engagement is more important than ever. Citizen groups in many communities are tracking permitting actions and agency websites to identify activity of interest to them and have become more knowledgeable of avenues to comment on and influence proposed air permit approvals.
If you would like to discuss recent EJ efforts that have occurred in Arizona, please email Thomas Pederson in Trinity’s Phoenix office or call 425.232.9530.
