The Pennsylvania Department of Environmental Protection’s revised Environmental Justice policy of September 2023 is helpful to groups like ours in making the case for our pro-environment and pro-people policies. Here is the underlying definition that we must strive to be worthy of:
Environmental Justice (EJ) — Environmental justice means the just treatment and meaningful involvement of all people, regardless of income, wealth, race, color, national origin, area of residence, Tribal affiliation, or disability, in agency decision-making and other activities that affect human health and the environment so that people: are fully protected from disproportionate and adverse human health and environmental effects (including risks) and hazards, including those related to climate change, the cumulative impacts of environmental and other burdens, and the legacy of racism or other structural or systemic barriers; and have equitable access to a healthy, sustainable, and resilient environment in which to live, play, work, learn, grow, worship, and engage in cultural and subsistence practices. It further involves the prevention of future environmental injustice and the redress of historic environmental injustice.
Environmental degradation affects everyone through the heating climate, violent weather, chemical pollution, and much more; but it has the greatest negative impact on those who cannot afford to relocate out of a flood plain, live in a leafy neighborhood, eat organic food, drink lead-free water, and all the other advantages of disposable income.
You can download the full DEP text here. It is now in effect but could be revised based on public comments received up to November 30.
Here is the paragraph describing the purpose of this update:
The purpose of the policy is to facilitate environmental justice in
communities across the Commonwealth of Pennsylvania and to ensure
equity and environmental justice in the administration of DEP’s
constitution, statutory, and regulatory duties. This policy outlines
measures that DEP will take to proactively educate, engage, and empower
Pennsylvanians living in EJ Areas across the Commonwealth; ensures
enhanced opportunities for community involvement and public
participation in the permit application process for permits in EJ Areas;
explains how DEP will prioritize Environmental Justice in its compliance
and enforcement activities; identifies DEP grant opportunities to facilitate
environmental justice; and, identifies mitigation and restoration practices
for consideration by applicants for projects in EJ areas that have been
impacted by environmental issues. DEP also seeks to make its permitting
process more efficient and expeditious by integrating the Office of
Environmental Justice (OEJ) in the process to lead the policy’s Enhanced
Public Participation guidelines, while also ensuring the use of best practices and timely execution of the community engagement process.
Please note that the CCEA Common Environmental Agenda, presented to the County Commissioners in 2022, includes many recommendations on environmental justice; see that document here and search both justice and income.
Here’s how the DEP describes the current “interim final” policy updating its 2004 predecessor:
After extensive public comment reviews and policy revisions, DEP adopted an interim final Environmental Justice Policy on September 16, 2023. Additionally, DEP has an improved mapping tool to better identify EJ areas within the Commonwealth and has an expansive and elevated Office of Environmental Justice (OEJ). There will be a formal public comment period until November 30, 2023. The EJ Policy from 2004 will only apply to permit applications received before September 16 and grant applications relating to materials released before September 16.
The interim-final EJ Policy includes several sections that enhance the previous Environmental Justice Public Participation Policy which had been in effect since 2004.…
As always, implementation will be key. The policy applies explicitly only to DEP applications and authorizations, and:
The policies and procedures outlined in this guidance are intended to
supplement existing requirements. Nothing in the policies or procedures
shall affect regulatory requirements.
The policies and procedures herein are not an adjudication or a regulation.
DEP does not intend to give this guidance that weight or deference. This
document establishes the framework within which DEP will exercise its
administrative discretion in the future. DEP reserves the discretion to
deviate from this policy statement if circumstances warrant.
So, that is a challenge to groups and individuals concerned about environmental justice: to press DEP to follow its own “guidance” and others to adopt it.
Chester County Environment Alliance 