REGISTER. SHOULD THERE BE ANY DISCREPANCIES BETWEEN ... - NJDEP

NOTE: THIS IS A COURTESY COPY OF THIS RULE ADOPTION. THE OFFICIAL VERSION WILL BE PUBLISHED IN THE APRIL 17, 2023 NEW JERSEY REGISTER. SHOULD THERE BE ANY DISCREPANCIES BETWEEN THIS TEXT AND THE OFFICIAL VERSION OF THE ADOPTION, THE OFFICIAL VERSION WILL GOVERN.

ENVIRONMENTAL PROTECTION

OFFICE OF THE COMMISSIONER

OFFICE OF ENVIRONMENTAL JUSTICE

Environmental Justice Rules

Adopted New Rules: N.J.A.C. 7:1C

Proposed: June 6, 2022, at 54 N.J.R. 971(a).

Adopted: March 9, 2023, by Shawn M. LaTourette, Commissioner, Department of

Environmental Protection.

Filed:

March 9, 2023, as R.2023 d.047, with non-substantial changes not requiring

additional public notice and comment (see N.J.A.C. 1:30-6.3).

Authority: N.J.S.A. 13:1D-1 et seq., 13:1D-157 et seq., 26:2C-1 et seq., 13:1E-1 et seq.,

13:1E-26 et seq., 13:1E-99.11 et seq., 58:1A-1 et seq., 58:4A-4 et seq., 58:10A-1 et seq.,

58:10A-21 et seq., 12:5-1 et seq., 13:1D-29 et seq., 13:9A-1 et seq., 13:9B-1 et seq., 13:19-1 et

seq., 13:20-1 et seq., 58:16A-50 et seq., 13:1F-1 et seq., 13:1E-48.1 et seq., and 13:1E-99.21a et

seq.

DEP Docket Number: 04-22-04.

Effective Date:

April 17, 2023.

Expiration Date: April 17, 2030.

The Department of Environmental Protection ("Department," "NJDEP," or "DEP") is

adopting new N.J.A.C. 7:1C, which implements N.J.S.A. 13:1D-157 ("Act" or "EJ Act"). The

chapter will require certain facilities seeking certain permits in overburdened communities

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NOTE: THIS IS A COURTESY COPY OF THIS RULE ADOPTION. THE OFFICIAL VERSION WILL BE PUBLISHED IN THE APRIL 17, 2023 NEW JERSEY REGISTER. SHOULD THERE BE ANY DISCREPANCIES BETWEEN THIS TEXT AND THE OFFICIAL VERSION OF THE ADOPTION, THE OFFICIAL VERSION WILL GOVERN.

(OBCs) to prepare an environmental justice impact statement (EJIS) and conduct a public hearing to ensure meaningful public participation in the permitting process. Additionally, the Department will apply permit conditions, where necessary, to avoid increases to environmental and public health stressors.

The notice of adoption can be viewed or downloaded from the Department's website at .

Summary of Hearing Officer's Recommendations and Agency Responses: The Department held public hearings on July 11, 13, 27, and 28, 2022. Two hearing

sessions were held on July 11 in-person in Trenton, the July 13 hearing was held in-person in Camden, and the July 27 hearing was held in-person in Newark. The hearing held on July 28 was held virtually on Zoom. Sean D. Moriarty, Deputy Commissioner, served as the hearing officer for all hearings. One hundred and eleven people provided oral comments at the public hearings. After reviewing the written comments received during the public comment period, the hearing officer recommended that the Department adopt the proposed new rules with the modifications described below in the Responses to Comments and in the Summary of Agency-Initiated Changes section. The Department accepts the hearing officer's recommendations.

A record of the public hearing is available for inspection in accordance with applicable law by contacting:

Department of Environmental Protection Office of Legal Affairs

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NOTE: THIS IS A COURTESY COPY OF THIS RULE ADOPTION. THE OFFICIAL VERSION WILL BE PUBLISHED IN THE APRIL 17, 2023 NEW JERSEY REGISTER. SHOULD THERE BE ANY DISCREPANCIES BETWEEN THIS TEXT AND THE OFFICIAL VERSION OF THE ADOPTION, THE OFFICIAL VERSION WILL GOVERN.

Attn: Docket No. 04-22-04 401 E. State Street PO Box 402 Trenton, New Jersey 08625-0402 Summary of Public Comments and Agency Responses:

The Department accepted comments on the notice of proposal through September 4, 2022. The following 497 persons or groups of persons submitted timely written and/or oral comments on the notice of proposal:

1. Ibn-Umar Abbasparker 2. Carolina Acevedo 3. Zadie Adams 4. Bharat Adarkar 5. Mary Aktay 6. Raghav Akula 7. Sue Altman 8. Donna Ambriano 9. Alex Ambrose, New Jersey Policy Perspective 10. Martin Andersen 11. Martha Arencibia 12. Gail Arnold

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NOTE: THIS IS A COURTESY COPY OF THIS RULE ADOPTION. THE OFFICIAL VERSION WILL BE PUBLISHED IN THE APRIL 17, 2023 NEW JERSEY REGISTER. SHOULD THERE BE ANY DISCREPANCIES BETWEEN THIS TEXT AND THE OFFICIAL VERSION OF THE ADOPTION, THE OFFICIAL VERSION WILL GOVERN.

13. Elise Aronov 14. Richard Askins 15. Bella August 16. Yasmin Ayan 17. Pat Balko 18. Terrance Bankston 19. Joanne Barber 20. Lee Barile 21. Pamela Barroway 22. Kaniska Basnet 23. Joseph Basralian 24. Frank Battaglia 25. Frank Battersby 26. Dan Battey 27. Marilynn Benim 28. Elizabeth Bennett 29. Eric Benson 30. Hailey Benson 31. Nick Berezansky 32. Steven Bernhaut 33. Pranita Bijlani

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NOTE: THIS IS A COURTESY COPY OF THIS RULE ADOPTION. THE OFFICIAL VERSION WILL BE PUBLISHED IN THE APRIL 17, 2023 NEW JERSEY REGISTER. SHOULD THERE BE ANY DISCREPANCIES BETWEEN THIS TEXT AND THE OFFICIAL VERSION OF THE ADOPTION, THE OFFICIAL VERSION WILL GOVERN.

34. Eileen Bird 35. Linda Blatnik 36. Diana Bohn 37. Ruth Boice 38. Barbara Bosich 39. George Bourlotos 40. Lorraine Brabham 41. Marinus Broekman 42. David Brook 43. Maggie Broughton, Eastern Environmental Law Center 44. Rick Brown 45. Anne Brown 46. Damon Brown 47. Teresa Brown 48. Linda Brown 49. Melissa Brown Blaeuer 50. Michael Buckley 51. Sara Buckley 52. Ronda Bugg 53. Annette Caamano 54. Raymond Cantor, New Jersey Business & Industry Association

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