Interim Final Environmental Justice Policy Issued in Pennsylvania

On August 14, 2023, the Environmental Justice Office of the Pennsylvania Department of Environmental Protection (PADEP) released an interim final update to their 2004 Environmental Justice (EJ) policy and the draft policy proposed in March 2022. This revised policy aims to enhance and broaden the current Environmental Justice policy in Pennsylvania, alongside the introduction of a new mapping tool designed to pinpoint Environmental Justice areas within the state. The interim final policy was adopted on September 16th, 2023.

Seeking to broaden the impacts of environmental justice, the interim final policy has added new terms and definitions for Disproportionate Environmental Impacts (DEI) and Cumulative Environmental Impacts (CEI) since the March 2022 proposed policy. Disproportionate Environmental Impacts refers to the unequal and unfair consequences of environmental factors that disproportionately harm a specific group due to factors like race, ethnicity, and socioeconomic status. Cumulative Environmental Impacts encompass the combined effects of exposure to environmental pollution on health, well-being, and quality of life.

To better quantify these new terms, PADEP has introduced the new Pennsylvania Environmental Justice Mapping and Screening Tool (PennEnviroScreen). Going beyond the original Environmental Justice Area Viewer Tool, PennEnviroScreen offers a comprehensive assessment that factors in environmental conditions, public health indicators, and demographic data in addition to socioeconomics, providing more perspective on areas in need of environmental justice based on a broader definition. This data is based on 2010 census data and the areas highlighted in the map include the one-half mile buffer to show the Area of Concern per the policy. In this screening tool, Census block groups scoring above 80 will be designated as Environmental Justice areas and it is expected that there will be a dramatic increase in what is considered an EJ area. These designations will undergo periodic revisions, in line with the Department’s plans for regular updates, but during the permitting phase, project-specific environmental designations will rely on the screening tool’s assessments. The 32 criteria considered in this tool include:

The interim final policy builds upon the existing framework for projects that require enhanced public participation. Trigger Projects, as indicated in the 2004 policy, are those that are either located in an EJ Area or may have increased public concern. The revised list of areas of concern, found in Appendix C of the policy, continue to include industrial wastewater facilities, new major sources of HAPs or criterial pollutants, major modifications (subject to Prevention of Significant Deterioration or Nonattainment New Source Review), certain waste facilities, mining operations, and concentrated animal feeding operations.

Opt-In Projects continue to be those that PADEP determine need to be evaluated using the policy, even if they do not automatically trigger it. The interim final policy provides a list of projects eligible for potential Opt-In status, including plan approvals for major sources, sewage treatment facilities, scrap metal establishments, unconventional oil and gas development, and any projects generating heightened community concern. Community members may request Enhanced Public Participation in a project by submitting an Opt-In Project Request form.

The revised Environmental Justice (EJ) policy continues to enhance the public participation process. This involves an extended framework for pre-project community engagement, enhancements to the permit application procedure (such as the inclusion of additional outreach techniques and more accessible public notifications, along with the organization of public meetings), and ongoing public involvement even after a permit has been granted. Furthermore, PADEP remains dedicated to the proposition of prioritizing inspections and penalties within Environmental Justice areas.

The public comment period for this interim final policy will continue until October 29, 2923. More information can be found on the revised policy webpage.

If you would like to discuss Pennsylvania’s revised environmental justice policy and how it may impact your facility, please contact Trinity’s Pennsylvania offices.