Individual states are tackling environmental justice issues separately from other states and from the federal government. Regulations, policies, initiatives and frameworks are being continuously created and updated. It may be difficult for many in the solid waste industry to keep up with the latest emerging developments and there is an underlying sense of confusion and concern in what new environmental justice regulations may impose. This session will allow participants to leave with an understanding in where environmental justice regulations are heading. They will also be given a short training in how to use internet based environmental justice mapping tools.

Environmental Justice (EJ) became a top priority issue of the Federal government which has in turn influenced state agencies to establish environmental justice (EJ) policies. The Biden-Harris Administration created the Justice 40 Initiative in 2021 to ensure that federal agencies deliver to disadvantaged communities at least 40 percent of the overall benefits of investments related to pressing environmental issues like climate, clean energy, affordable and sustainable housing, and clean water. Signing of the multi-billion-dollar Bipartisan Infrastructure Law in late 2021 has further driven discussions and actions at the State level to address environmental justice.

In August 2022 , New Jersey created an extensive environmental justice law that requires the New Jersey Department of Environmental Protection (NJDEP) to evaluate environmental justice during the review of environmental permit applications and to include mitigative measures as part of permit approval. Facilities applicable to the EJ rule include all those in the State with a Title V Operating Permit and all facilities that are part of the solid waste industry located in overburdened communities, as defined by the NJDEP EJMAP. Pennsylvania has drafted an Environmental Justice Policy closely matching some components of the New Jersey EJ Rule. Other States including Massachusetts, New York, Virginia, North Carolina, Minnesota, Michigan, and others have developed environmental justice frameworks or have proposed or established policies concerning environmental justice.

In addition to the EPA’s environmental justice area mapping tool, EJScreen, states are beginning to create their own databases to define environmental justice sensitive areas. For applicable facilities located in an EJ area, planning for and understanding the requirements of your state regulations will be necessary to continue business in that state. For those located in states without a state environmental justice policy, there are commonalities that can be found among the existing state regulations to be aware of, should your state follow and implement the same.
In New Jersey, the new rule places financial and regulatory burdens on business owners specifically in the solid waste and recycling industry. It allows the NJDEP to deny permit applications related to new or further development of solid waste disposal and recycling facilities, including food waste recycling, in areas that are determined to be disproportionately affected by environmental contamination. Tetra Tech will present on what can be learned from the latest developments, successes and impacts of EJ rules in various states, and what can be anticipated to come, using New Jersey as a case study.