Updates from Acting Commissioner of the New Jersey Department of Environmental Protection: Mandatory Remedial Action Deadlines and Roll-out of Environmental Justice Program
On February 1st the Commerce and Industry Association of New Jersey hosted a conversation with the Sean LaTourette, acting commissioner of the NJDEP. Mr. LaTourette provided useful updates on NJDEP programs and priority topics for action. Mr. Grillé and Mr. Davis from Davis Environmental Law attended the meeting. Here are two key takeaways from the meeting.
Of specific import to regulated entities facing the May 7, 2021 mandatory timeframe to complete the Remedial Action of contaminated properties. Mr. LaTourette stated the NJDEP is actively considering extending that mandatory timeframe, and others, due to the hardships resulting from Covid-19 and , internal NJDEP meetings will be held to discuss the possibility and contours of an extension. Because the NJDEP has not issued a formal statement about any extension of the mandatory timeframe, regulated entities cannot rely on the possible extension at this time, however, Mr. LaTourette indicated the NJDEP may be taking action on this important issue in the next few weeks. The extension may impact other regulatory deadlines in addition to the May 7, 2021 mandatory time frame.
Another priority program for the NJDEP in the upcoming months will be Environmental Justice (“EJ”) programs and finalizing regulations under the Environmental Justice Law passed in 2020. An initial point of discussion with the NJDEP on February 1, 2021 centered around permits under the Environmental Justice program for new or expanding businesses in areas throughout the state designated as “overburdened communities”. The Environmental Justice law, and programs being established by NJDEP, will place an emphasis on reviewing Environmental Justice Impact Statement (“EJIS”) required under the law and regulations being developed. Another major component of the EJ law emphasized by NJDEP will be to enable community participation in the permitting of new or expanding facilities in overburdened communities.
As the regulations are being developed, stakeholders and citizens have a critical opportunity over the upcoming months for involvement in the rule making process and discussions with NJDEP to voice concerns and provide comments.
Stay tuned for further updates.