Implementing PA 08-94, An Act Concerning Environmental Justice CommunitiesPresented 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. 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. Questions/Discussion: Acknowledgements:
Intent of PA 08-94 • Dr. Mark Mitchell
Community Environmental Benefit Agreement • Walter Twachtman, Esq.
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: • 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 • 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 08-94 • 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 • 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’ • 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 • Portion of Electric facility that uses non-emitting and nonpolluting renewable resources …… • wind • solar • hydro power • fuel cells
Exempt Facilities Cont’ • 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? 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 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’ 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 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 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 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 • 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’ • 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 • When a proposed general permit/activity is notsituated at an existing “Affecting Facility.”
PA 08-94 Requires: “Meaningful Public Participation” 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 Environmental 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 • 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: • 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 • 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 : Identify potential impacts of facility/expansion, Examples: • 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 • 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 • 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 • 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 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? • www.ct.gov/dep/environmentaljustice
Acknowledgements 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