Transcript Implementing An Act Concerning Environmetnal Justice

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 0894
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 not situated 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.
1.
Please retrieve - General Permitting Process Flow
chart in your packets!
2. 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
Elaine Coehlo
Ken Collette
Jan Deshais
Jean Dimaggio
Diane Duva
Bob Hannon
Carmen Holzman
Kim Hudak
Ozzie Inglese
Robert Isner
Bob Kaliszewski
Nicole Lugli
Beatriz Milne
Richard Pirolli
Gary Rose