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Implementing PA 08-94, An Act Concerning Environmental Justice Communities Presented on January 13, 2009. Agenda. Welcome: Amey Marrella, Deputy Commissioner Intent of PA 08-94: Dr. Mark Mitchell Community Environmental Benefit Agreement: Walter Twachtman, Esq .

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Implementing PA 08-94, An Act Concerning Environmental Justice CommunitiesPresented on January 13, 2009


Welcome: Amey Marrella, Deputy Commissioner

Intent of PA 08-94: Dr. Mark Mitchell

Community Environmental Benefit Agreement: Walter Twachtman, Esq.

DEP Implementation of PA 08-94: Edith Pestana, MPH

What Constitutes and Expansion? Bob Hannon, Esq.

The Environmental Justice Public Participation Plan: Edith Pestana, MPH

Permit Review Process: Bob Hannon, Esq.



Intent of pa 08 94
Intent of PA 08-94

  • Dr. Mark Mitchell

Implementation of public act 08 94 requires
Implementation of Public Act 08-94 Requires:

An Environmental Justice Public Participation Plan must be submitted, reviewed and approved before a permit application can be submitted to the Department when a permit application is:

  • for an “affected facility”;

  • the expansion of “affected facilities”, and

  • is located in an “environmental justice community”

Environmental justice communities defined under pa 08 94
Environmental Justice Communities Defined Under PA 08-94:

  • Towns listed as a “distressed municipality” by the Department of Economic and Community Development (DECD)

  • Towns not on the DECD “distressed municipality” list but have a U.S. census block group(s) where >30% of the population has an income of below the 200 % the federal poverty level

Facilities defined under 08 94
Facilities defined under 08-94

  • Electric generating facility–capacity > 10 megawatts

  • Sludge or solid waste incinerator or combustor

  • Sewage treatment plant >50 millions gallons per day

  • Intermediate processing centers, volume reduction plants or multi town recycling facilities with combined monthly volume > 25 tons.

Facilities defined under 08 941
Facilities Defined Under 08-94

  • New or expanded landfills, included but not limited to ash, construction & demolition debris or solid waste. Applies to vertical and/or horizontal expansions

  • Medical waste incinerators

  • Major source of air pollution as defined by the federal Clean Air Act

Additional facilities under preexisting dep environmental equity policy
Additional Facilities under Preexisting DEP Environmental Equity Policy

  • Transfer stations

  • Biomedical waste treatment facilities (autoclaving, decontamination or other process approved by the Commissioner)

  • Non-RCRA hazardous waste storage or treatment facilities

  • Non-RCRA hazardous waste incinerators or landfills

  • Hazardous waste transfer facilities (Sec. 22a-454)

Additional facilities cont
Additional Facilities cont’ Equity Policy

  • RCRA hazardous waste storage or treatment facilities seeking an operating permit *

  • RCRA hazardous waste incinerators or landfills*

    *note: Adhering to the Environmental Justice Public Participation Plan requirements under PA-08-94 satisfies the notice requirements under the federal “RCRA Expanded Public Participation Rule” for these facilities.

Exempt facilities
Exempt facilities Equity Policy

  • Portion of Electric facility that uses non-emitting and nonpolluting renewable resources ……

    • wind

    • solar

    • hydro power

    • fuel cells

Exempt facilities cont
Exempt Facilities Cont’ Equity Policy

  • A facility with a certificate of environmental compatibility and public need obtained from the Siting Council on or before January 1, 2000.

  • A facility of a constituent unit of the state system of higher education that has an environmental impact evaluation with provisions under the Connecticut Environmental Policy Act Sec. 22a-1b to 22a-1h and is in accordance with Sec. 22a-1e.

What constitutes an expansion
What Constitutes an Expansion? Equity Policy

An existing “Affecting Facility” under PA 08-94

applies for:

  • New permit or non-minor permit modification

  • Certain general permits/registrations

Dep strongly recommends

Contacting the Permit Assistance Office at (860) - 424-3003

to determine if the proposed activity may be defined as an expansion under

PA 08-94

Waste non minor permit modifications
Waste: Non-minor Permit Modifications Equity Policy

Persons or a municipality holding a permit under

Sec. 22a-208a(d) planning on –

  • Substantially altering and/or changing the design;

  • Capacity;

  • Volume;

  • Process; and / or

  • Operation of a solid waste facility.

Waste non minor permit modifications cont
Waste: Non-minor permit modifications, Cont’ Equity Policy

Persons or a municipality holding a permit under

Sec. 22a-208a(d) planning on changing the:

  • Composition of solid waste disposed of;

  • Processed;

  • Reduced;

  • Stored; or

  • recycled at the facility.

Air non minor permit modification or new emission
Air: Non-minor Permit Modification or New Emission Equity Policy

Addition of new emission or modification of existing emission unit, such as:

  • Increase emissions of any individual air pollutant by 15 tons or more per year; or

  • Increase emissions of hazardous air pollutant by 10 tons or more per year

Water non minor permit modification
Water: Non-minor Permit Modification Equity Policy

The expansion, alteration, production increase or process modification that results in:

  • New water discharge

  • Added new substances, materials, or pollutant discharges

  • Increase in quantity or concentration of existing pollutant beyond existing permit conditions

General permit activities
General Permit Activities Equity Policy

When applying for certain general permit activities where such an activity is to be located at an existing “Affected Facility”

An Environmental Justice Public Participation Plan is now required*

*The additional activity is considered an expansion and subject to the notification requirements under PA 08-94

List of general permit activities
List of General Permit Activities Equity Policy

  • Contaminated soil/sediment staging and transfer

  • Disassembling used electronics

  • Municipal transfer stations

  • Construction & operation of certain types of recycling facilities

  • Storage & distribution of 2 inch tire chip aggregate

List of general permits activities cont
List of General Permits Activities Cont’ Equity Policy

  • Storage & processing of asphalt roofing shingle waste and or storage & distribution of ground asphalt aggregate

  • Storage and processing of scrap tires for beneficial use

Not an expansion
Not an Expansion Equity Policy

  • When a proposed general permit/activity is notsituated at an existing “Affecting Facility.”

Pa 08 94 requires meaningful public participation
PA 08-94 Requires: “Meaningful Public Participation” Equity Policy

Residents have an appropriate opportunity to participate in decisions about a proposed facility or the expansion of an existing facility that may affect the environment or health.

The applicant must seek out and facilitate the participation of those potentially affected during the regulatory process.

The e nvironmental justice public participation plan components
The E Equity Policynvironmental Justice Public Participation Plan Components

Part I. Applicant Information

New facility or Expansion

Facility name and location

Part II. Informal Public Meeting Requirements

Public Information meeting:

Identify time and place of Informal Public Meeting

Identify communication methods used

Notification informal public meeting
Notification – Informal Public Meeting Equity Policy

  • Written notification to state & local elected officials

  • Written notification to neighborhood/community groups and organizations in appropriate language*

  • Written announcement of meeting in newspaper must be one-quarter page in size

  • Must be published on a Monday in newspaper of general circulation or any day in a weekly or monthly paper

    *If >20 percent of the EJ community is non-English speaking then notice shall be published in appropriate language media - if available.*

Other notification measures
Other Notification Measures: Equity Policy

  • Posting a reasonably visible sign in English

  • Posting a reasonably visible sign in all languages spoken by at least 20% of the population living within a one-half mile radius of the proposed or existing facility property.

Notice informal public meeting
Notice-Informal Public Meeting Equity Policy

  • Ad in the newspaper of the forth coming public meeting shall be published:

  • 10 days prior to,

  • and not more than 30 days prior to the meeting date.

Plan and meeting presentation should
Plan and Meeting Presentation Should Equity Policy:

Identify potential impacts of facility/expansion,


  • Increased emissions, discharges, materials managed

  • Provide information on all permits applied for

  • Discuss pollution control measures associated with proposed or existing facility

  • Truck traffic, noise, hours of operation

  • Check list of all required facility permits & registrations

    with the proposed facility

  • Remediation of facility, property

Identify impacted community
Identify Impacted Community Equity Policy

  • Provide list of surrounding sensitive receptors

  • Describe community demographics, income, race/ethnicity, economic conditions, etc.

  • Provide description of community, organizations, institutions, keeping in mind how the community identifies itself – parks, rivers, businesses, schools, etc. with respect to the facility location.

Individuals to notify and include in the plan
Individuals to Notify and Include in the Plan Equity Policy

  • Local neighborhood groups, organizations

  • Chief elected local officials

  • State elected officials

  • Environmental commissions, organizations, etc.

  • Other relevant groups/organizations e.g., local health agencies, town planners, abutting religious institutions

Additional measures to facilitate public participation
Additional Measures to Facilitate Public Participation Equity Policy

  • Identify planned economic developments, if applicable

  • Identify and notify abutting property owners, block watch captains, key community leaders, civic organizations e.g., Chambers of Commerce, etc..

The permitting review process
The Permitting Review Process Equity Policy

Bob Hannon, Esq.

  • Please retrieve - General Permitting Process Flow chart in your packets!

  • What happens to an application if submitted to DEP before the Environmental Justice Public Participation Plan is approved????

Questions? Equity Policy


Acknowledgements Equity Policy

Commissioner Gina McCarthy

Deputy Commissioner Amey Marrella

Dean Applefield Kim Hudak

Elaine Coehlo Ozzie Inglese

Ken Collette Robert Isner

Jan Deshais Bob Kaliszewski

Jean Dimaggio Nicole Lugli

Diane Duva Beatriz Milne

Bob Hannon Richard Pirolli

Carmen Holzman Gary Rose