The Department of Environmental Protection Tuesday announced it is proposing to improve its approach to public participation in the permitting process in Environmental Justice Areas with changes that increase community involvement and clarify best practices by permit applicants to encourage community involvement.

One basic change would increase Environmental Justice Areas by 12 percent to include 32.5 percent of Pennsylvanians.

The updated approach is outlined in the 2018 draft Environmental Justice Public Participation Policy.

“Reflecting DEP’s commitment to strengthening its partnerships with communities in Environmental Justice Areas, our policy update draws considerably on views expressed by several hundred Pennsylvanians who participated in listening sessions in 2017, as well as the expertise of the Environmental Justice Advisory Board,” said DEP Secretary Patrick McDonnell. “We want to be as effective as possible in minimizing adverse environmental impacts, empowering communities, and fostering economic opportunity. Strong partnerships are the key.”

The Environmental Justice Public Participation Policy is intended to be used by both permit applicants and affected communities as well as DEP to promote participation in the decision-making process.

Among other changes, DEP proposes to determine Environmental Justice Areas based on census block groups, rather than tracts, to more accurately reflect population demographics.

Block groups are the smallest geographic unit for which the Census Bureau publishes sample data, generally maintaining a population of 600-3,000 people.

Environmental justice communities are those where at least 20 percent of the residents live at or below the poverty line and/or at least 30 percent identifies as nonwhite minority, based on census data and federal poverty guidelines.

Defining Environmental Justice Areas by census block groups increases the number of people who live in an Environmental Justice Area by 12 percent to include 32.5 percent of Pennsylvanians.

Not every DEP permit is included in the revised policy as a “trigger” permit automatically subject to the Environmental Justice Public Participation Policy.

For example, routine oil and gas well permits for conventional or unconventional wells are not included, but underground injection wells for waste are.

However, the draft guidance allows DEP to make a determination if special consideration is warranted for any permit application or renewal based on-- 1) identified community concerns; 2) present or anticipated environmental impacts; and 3) reasonably anticipated significant adverse cumulative impacts.

Click Here for a copy of the revised technical guidance. Click Here for the 2004 Environmental Justice Public Participation Policy.

Online Map

A new online map tool, the Environmental Justice Areas Viewer, has been developed to provide the public improved access to centralized geographic, demographic, and permitted-facilities data.

Further development will continue, with plans for completion and training on using the viewer offered for community partners and the public later this year.

An outline of community input opportunities before and during a permit review and after a permit decision, as well as a flow chart of the steps in implementing the Public Participation Policy will help make the process easier.

A further change enables DEP to enact the steps in the policy if a permit applicant is unable or unwilling to do so.

Make Comments

All are welcome to comment on the draft policy online. The comment period closes at 11:59 p.m. on August 28, 2018. Public input will be considered for potential incorporation into the final policy, to be finalized later this year.

DEP established an Office of Environmental Justice in 2002 to ensure communications with communities that did not always have a voice in environmental issues.  The Office was recommended by a special DEP Environmental Justice Work Group formed in 1999.

The program seeks to ensure that all Pennsylvanians are equipped with the proper resources and opportunities to meaningfully participate in decision-making processes.

Attorney Allison Acevedo was named DEP Director of Environmental Justice earlier this month. The 15-member Environmental Justice Advisory Board represents the interests of citizens across the state in its advisory function to the DEP Secretary.

(Map: Parts of Allegheny, Washington Counties from EJ Areas Viewer, pink EJ Census Block Group.)

NewsClip:

Cusick: With Proposed Policy Change Nearly ⅓ Of Pennsylvanians Live In Environmental Justice Areas

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[Posted: July 18, 2018]

7/23/2018