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Comments on Proposed Environmental Justice Rules, DEP Docket No. 04-22-04
A coalition of environmental justice advocates, including Earthjustice and the New Jersey Environmental Justice Alliance, submitted comments on the New Jersey DEP's proposed Environmental Justice (EJ) rules. The coalition argues for a narrow interpretation of the 'compelling public interest' exception, specifically opposing the use of economic benefits or job creation as justifications for permitting new polluting facilities in overburdened communities. They recommend expanding public notification radii to five kilometers, refining the definitions of 'new facility' and 'incinerator' to include technologies like pyrolysis and gasification, and adopting more sensitive air quality metrics based on WHO guidelines rather than EPA NAAQS. The document also emphasizes that race is the strongest predictor of pollution burden in New Jersey, citing historical redlining and systemic failures in DEP's permitting and enforcement processes as drivers of environmental racism.
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Document type: Statement