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DEP Expands Environmental Justice Protections With Updated Policy, Improved Mapping Tool; Enhanced Permit Reviews Start Sept. 16

On August 29, the Shapiro Administration announced it will adopt an updated Environmental Justice (EJ) Policy, which expands environmental safeguards throughout the Commonwealth, a milestone in updating a 20-year-old policy the Department of Environmental Protection has used to guide protections for communities most vulnerable to environmental challenges.

Environmental justice areas make up 20 percent of the entire Commonwealth.

DEP will be implementing an interim Final Environmental Justice Policy on September 16, 2023 when it is expected to be formally published in the PA Bulletin. Publication will start a public comment period expected to end on October 29.

[Click Here for more details of the policy from PA Environment Digest.]

“Pennsylvanians’ right to clean air and pure water is enshrined in our Constitution and I’m committed to protecting those rights – that’s why my Administration is elevating environmental justice work within DEP and implementing a new policy that will protect communities most at risk,” said Gov. Josh Shapiro. “The impacts of climate change aren’t limited to one community or another — they affect rural and urban areas alike, and every Pennsylvanian deserves to be able to let their children play outside without worrying about air quality and drink their tap water without fear of harmful chemicals. At my direction, Secretary Negrin and the Department of Environmental Protection will continue their important work to ensure every community, no matter their location, demographics, or wealth, has equal access to environmental protections.”

This updated policy will usher in deeper advancements for the Commonwealth’s environmental justice communities and is a critical benchmark towards the final EJ Policy, which is expected to be implemented by 2024.

Improved Mapping Tool

Additionally, DEP has developed an improved mapping tool to better identify EJ areas within the Commonwealth and has expanded the Office of Environmental Justice (OEJ) and elevated its leadership to a more senior position within the DEP for the first time in Pennsylvania history to better serve EJ areas.

“Through the process of creating this EJ Policy and mapping tool, DEP reached out to community leaders to get input. The policy calls for proactively bringing communities together, to help make people aware of the rights they have around the environment and protect those rights. The emphasis on the Environmental Rights Amendment in this administration is an exciting change in perspective for the agency,” said Rafiyqa Muhammad, a member of the Environmental Justice Advisory Board, the body charged with making written recommendations to the Secretary concerning policies, practices, and actions that DEP may implement to advance the goals of Environmental Justice.

Environmental Justice Policy

The updated EJ policy directs how DEP’s inspection, compliance, and enforcement efforts can better include criteria and concerns of Pennsylvania communities most at risk from pollution and other environmental impacts.

Furthermore, the policy outlines the ways in which DEP plans to increase outreach across Pennsylvania and build long-lasting relationships with communities impacted by environmental challenges.

“Article I, Section 27 of the Pennsylvania Constitution establishes that all Pennsylvanians have the right to clean air and pure water,” said Rich Negrin, Secretary of the Department of Environmental Protection. “The updated environmental justice policy deepens that commitment by reaching out to communities, building trust, and increasing community access to support and assistance before they experience an environmental crisis or have a concern about a new facility.”

Following a public comment period and input from stakeholders from across the Commonwealth, DEP looks to finalize its Environmental Justice Policy in 2024.

PennEnviroScreen Mapping Tool

The PennEnviroScreen tool is available to the public here.

This state-of-the-art mapping tool allows DEP to more accurately identify communities facing environmental justice issues using 32 environmental, health, and socioeconomic indicators.

A 113-page PennEnviroScreen Methodology Document describes the indicators and how they are used.

Permit Reviews Start Sept. 16

Starting September 16, 2023, the PennEnviroScreen tool will help determine if a permit’s facility is located within an environmental justice area.

DEP is engaged in a department-wide effort to improve the efficiency and quality of our permitting process.

This new approach, in the environmental justice context, will continue to help DEP improve permitting processes while continuing to cut down on wait times.

[Click Here for more information on Public Participation Trigger Projects, Opt-In Projects and Other Details.]

Office of Environmental Justice – Staff and Leadership

DEP has appointed Fernando Treviño as OEJ’s special deputy secretary, elevating OEJ leadership to the level of a deputy secretary for the first time.

The OEJ team has been instrumental in establishing Secretary Negrin’s vision to increase outreach around the Commonwealth and build long-lasting relationships with communities in need all across Pennsylvania.

Since his appointment, Treviño is overseeing the completion of the updated EJ Policy and has been instrumental in driving landmark achievements, such as overseeing the community-driven protocol development of a $5 million environmental mitigation community fund spurred by air emissions violations by Shell Chemical Appalachia, LLC. Read more here.

The local impacted community will also play a crucial role in determining how the money is spent.

Visit DEP’s Environmental Justice Policy Revision webpage for more information.

Related Articles - EJ Policy:

-- New DEP Interim Final Environmental Justice Policy, Definition Of Environmental Justice Areas Effective Sept. 16; Public Comments Accepted Thru Oct. 29 [PaEN]

-- House Budget Hearing: Acting DEP Secretary Outlines His Views On Environmental Justice, Announces Fernando Treviño As Special Deputy For Environmental Justice [PaEN]

-- House Committee Holds June 5 Hearing On Bill Requiring Environmental Impact Reports On Certain Electric Generation, Waste, Major Air Pollution Sources Locating In Already Burdened Communities [PaEN]

-- Citizens Advisory Council Presentations Highlight New Center Of Environmental Excellence At DEP To Improve Permitting Efficiency, Deliver Best In Class Service, Share Results; Environmental Justice; More [PaEN]

-- House Committee Reports Out Bill Requiring The Evaluation Of Cumulative Impacts Of Some New Pollution Sources On Communities Already Burdened By Pollution; And Other Bills [PaEN]

-- Republicans, Shale Gas Industry Oppose House Bill Requiring The Evaluation Of Cumulative Impacts Of Some New Pollution Sources On Communities Already Burdened By Pollution [PaEN]

NewsClips:

-- Delco Times: Chester Bankruptcy Receiver Warns Of Projects That Could Handcuff City Finances And Negatively Impact Residents’ Health On Heels Of Hearing On Proposed LNG Natural Gas Export Project In The City [PDF of article]

-- Warren Times: Natural Gas Well Setbacks Questioned After Health Impact Studies