Press Release: Protect EJ Communities While Mitigating Climate Change

NJEJA logo ICC logo

FOR IMMEDIATE RELEASE: March 15, 2024

Press Contacts

NJ Environmental Justice Alliance: Brooke Helmick | brooke@njeja.org

Center for the Urban Environment: Nicky Sheats, PhD, Esq. | nsheats@kean.edu 

Ironbound Community Corp.: Maria Lopez-Nunez | mlopeznunez@ironboundcc.org 

 

Environmental Justice Communities Say: 

Protect EJ Communities While Mitigating Climate Change 

 

Trenton – On March 14, the Senate Energy and Environment Committee both strengthened and voted in favor (3-2) of a Clean Energy Standard (S237/A1480). The EJ community has been actively involved in calling for a nation-leading definition of clean energy and climate change mitigation policy that reduces locally harmful GHG co-pollutants in overburdened Environmental Justice communities, and does not allow for potential loopholes or false solutions. 

 

We celebrate the passage of this strong definition, and the fact that this bill makes New Jersey a leader in ensuring states prioritize the procurement of clean energy. However, we also recognize that this bill has a long way to go before it can be enacted into law. This moment cannot be the end of the conversation, and we will continue to call for new language and provisions that actively protect EJ communities while creating new jobs and a cleaner environment. 

 

We call upon legislators to continue fine-tuning this bill by ensuring that the legislation: 

  • Reduces toxic air pollution in EJ communities by removing “net emissions” calculations;
  • Creates a strong standard for “de minimis” levels of pollution that are as close to zero as possible; and 
  • Prevents polluting facilities such as incinerators from receiving ratepayer subsidies when they violate air permits. 

 

“This moment represents a turning point for the state and the country. Including co-pollutants in the definition makes New Jersey a leader in protecting frontline communities. There is more work to be done to make sure that the bill is as protective of EJ communities as possible, but we take this moment to celebrate and honor the many advocates who have worked tirelessly to protect public health, call for climate change mitigation, and ensure that EJ communities are not left behind in the energy transition.” 

Melissa Miles

Executive Director 

New Jersey Environmental Justice Alliance 

 

“It’s so refreshing to see a holistic and necessary approach to defining clean energy. If we do not include co-pollutants, we stand to repeat the mistakes of the past where we sacrifice local communities for the so-called “greater good.” Today is an important step in leading the country towards a future that deals with both public health and climate change.” 

Maria Lopez-Nuñez

Deputy Director, Organizing and Advocacy

Ironbound Community Corportation

 

“Incorporating GHG co-pollutant reductions into a clean energy standard is the type of action the environmental justice community has been strongly recommending for many years. It will help protect communities near energy infrastructure from locally harmful co-pollutant emissions while at the same time fighting climate change.”

Nicky Sheats, Ph.D., Esq.

Director, Center for the Urban Environment

John S. Watson Institute for Urban Policy and Research at Kean University

Member of the New Jersey Environmental Justice Alliance

###

 

The New Jersey Environmental Justice Alliance is an alliance of New Jersey-based organizations and individuals working together to identify, prevent, and reduce and/or eliminate environmental injustices that exist in communities of color and low-income communities. NJEJA will support community efforts to remediate and rebuild impacted neighborhoods, using the community’s vision of improvement, through education, advocacy, the review and promulgation of public policies, training, and through organizing and technical assistance.

 ICC upholds and builds upon the principles of “Justice and Equality for All.” We strive to practice and build equity, work towards a Just Transition, and organize community on the basis of the Jemez Principles. We envision a safe, healthy, just, and nurturing Ironbound; a welcoming and fully inclusive community that supports equal and accessible opportunity and the quest for a better life. For us, revitalization means uplifting both people and place. Therefore, we aim to lead the transformation of Ironbound into a neighborhood where anyone might choose to live and current residents can remain in their homes and their community without fear of being displaced.

Environmental Justice Advocates Testify in Trenton on the Proposed Clean Energy Standard

On March 11, 2024, the New Jersey Environmental Justice Alliance (NJEJA) went to Trenton to once again testify on the Clean Energy Standard. 

NJEJA testified in a joint hearing before the Senate Energy and Environment Committee and the Assembly Telecommunications and Utilities Committee on the proposed Clean Energy Standard (SB237/AB1480) alongside the Ironbound Community Corporation, Earthjustice, and NJPEEC, all of whom were invited to testify and represent the Environmental Justice perspective.

If passed, the legislation would set a clean energy definition that would require that 100% of the energy purchased in the state must be generated by clean sources by 2035. This bill has the potential to affect New Jersey residents for decades to come and determine whether or not the state can reach Governor Murphy’s clean energy goals. NJEJA previously testified on this bill back in November 2023, but it did not pass during the lame duck session and was reintroduced under new bill numbers at the start of the new legislative session.

Brooke Helmick testified on behalf of NJEJA, highlighting that this definition has the potential to be a nation-leading moment for the state, but only if legislators are intentional and technical with their definition, ensuring that any facilities labeled ‘clean’ produce as close to zero pollution as possible, facilities aren’t allowed to engage in offsets which displace pollution from one community to another, and the definition is intentional to address harmful, dangerous co-pollutants in addition to greenhouse gases. She brought particular attention to the dangers of toxic air pollutants, such as PM 2.5 and NOx, which are harmful to physical health and lead to a number of negative physical health outcomes. 

NJEJA closed their testimony by highlighting that this bill focuses on energy purchased for the state, but not necessarily energy produced in the state. However, given that one bill can’t do everything, NJEJA closed by highlighting for the committees that they looked forward to coming back to Trenton to discuss a complement to this bill which would address pollution at facilities that produce energy in the state.  

Read NJEJA’s press release.

Comments to the Dept. of Treasury on Credits for Hydrogen Production

To date, climate change mitigation policy has typically been carbon-centric and focused solely on reducing carbon emissions. We urge the 45(v) tax credit proposed rule to move away from carbon centrism by addressing EJ issues that include limiting the emissions of GHG co-pollutants in general as much as possible.

A carbon centric approach and focus on solely using the lifecycle GHG emissions rate of hydrogen production as the metric to determine whether the hydrogen produced is “clean”, is a significant EJ concern. This approach ignores the emissions of GHG co-pollutants along the life cycle of not just hydrogen production but storage, delivery and end uses (such as the burning of hydrogen-blended natural gas at power plants3). Additionally, when a life cycle GHG emissions rate is the sole metric to determine whether the hydrogen produced is clean, a myriad of environmental and health impacts along the hydrogen production chain remain insufficiently addressed.

Environmental Justice Advocates Rally in Trenton to Push for Real Clean Energy Policy

On November 20, 2023, the New Jersey Environmental Justice Alliance (NJEJA), alongside partner organizations including Ironbound Community Corporation and Clean Water Action, joined forces to rally and testify in Trenton. The focus of our advocacy was Senate Bill S2928, a crucial piece of legislation aimed at achieving 100 percent clean electricity by 2035. However, NJEJA urged for a critical amendment to the definition of “clean” energy, excluding sources that contribute to greenhouse gas emissions and toxic co-pollutants like NOx.

Trash incineration, hydrogen combustion, and flawed ‘carbon capture’ technologies are among the sources we sought to exclude from the clean energy definition. The rally and testimonies were integral to emphasize the importance of addressing harmful co-pollutants in climate change mitigation policy and recognizing the need to safeguard overburdened communities through robust legislation.

Melissa Miles, Brooke Helmick, Thomas Ikeda, and Dr. Nicky Sheets passionately testified on behalf of NJEJA, underscoring the urgency of prioritizing public health and environmental justice in clean energy policies. Dozens of environmental justice and climate activists participated in the rally, echoing the call for strong clean energy policies. The collective goal is to combat climate change, protect public health, and promote environmental justice. Activists also voiced their opposition to provisions in the bill that could impede the state’s transition to genuinely clean, non-polluting energy technologies, potentially tethering New Jersey to outdated and polluting fossil fuel practices.

“We want as close to zero emissions as possible,” stated Melissa Miles, Executive Director of the New Jersey Environmental Justice Alliance, during her testimony. She also criticized a provision in the bill that permits facilities to purchase clean-electricity credits to offset emissions in overburdened communities, emphasizing the need for comprehensive and immediate action to achieve meaningful environmental progress.

Our Comments to NJDEP: No Toxic Hydrogen Hubs in Overburdened Communities

Comments on: New Jersey Department of Environmental Protection’s Strategic Climate Action Plan

Submitted by the New Jersey Environmental Justice Alliance to the New Jersey Department of Environmental Protection

October 19, 2023

Introduction

The New Jersey Environmental Justice Alliance (NJEJA) is a statewide organization mobilizing other environmental justice (EJ) organizations and individuals in order to increase the quality of life and upward mobility opportunities for EJ communities (low-income communities and communities Of Color), many of whom experience additional burdens resulting from histories of systemic racism. Our work covers a wide range of areas including plastics and incineration, air pollution reduction and cumulative impacts, ports and transportation, and clean energy policy. The principles and values of environmental justice practices are at the center of all we do, and we believe that the community’s vision of improvement will always be the most effective and important part of strategic development.

As such, we respectfully submit these comments today in an effort to support the New Jersey Department of Environmental Protection (DEP) in their “continuing commitment to furthering the promise of environmental justice through actions that advance climate justice” (Section 2). Our range of work, state-wide reach, and diversity of membership gives us a unique perspective on environmental protection and allows us to bring the concerns of overburdened, environmental justice communities to the forefront of the conversation.

Air Pollution, Co-Pollutants and Emissions Reduction
When identifying and implementing the best practices for addressing air pollution in the state of New Jersey, the DEP must ensure that all efforts to lower greenhouse gas (GHG) emissions work equally as hard to lower co-pollutants emissions. As the Strategic Climate Action Plan (the Plan)
draft clearly states:

“Climate impacts are likely to have even greater effects in communities already overburdened by pollution. That includes threats from co-pollutants, emitted alongside greenhouse gases, which have localized health effects.”

Section 2

The harmful effects of co-pollutants disproportionately impact already overburdened EJ communities. These aforementioned localized health risks, such as the effects of Particulate Matter (PM) 2.5, include premature death, cardiovascular disease, lung cancer, and pulmonary disease. Additionally, it must be acknowledged that fine PM has no lower threshold for health benefits. Driving down concentrations of fine PM and other co-pollutants in tandem with GHG emissions has immediate relevancy and benefit to EJ communities.

To this end, NJEJA is concerned both about the lack of specific accountability mechanisms and discussion of co-pollutants throughout the report. Within the report, reduction in co-pollutants is seen as a secondary benefit brought on by a reduction in GHG emissions. It must be recognized that a climate change mitigation policy that does not address co-pollutants directly, but instead treats them as secondary benefits is an ineffective policy. This can be seen in Section 4.2.6.1 when the Plan states that “anticipated outcomes could include reduced co-pollutant emissions.” Similarly, Section 7.2.2 states that “reducing greenhouse gas emissions will also have co-benefits of reducing co-pollutants.”

By not addressing co-pollutants in air pollution policy directly, we risk failing to improve air quality even if we are successful in our GHG policies. Climate change mitigation policy must address co-pollutants in order to ensure that we protect overburdened EJ communities. The DEP has the opportunity to drive down concentrations of co-pollutants in tandem with GHG emissions while advancing the States’ clean energy and climate-related priorities; this can only be achieved by treating greenhouse gases and co-pollutants as equally important and as equally devastating to our communities’ health, safety, and stability. To this end, we recommend that any policies which target greenhouse gas emissions include mechanisms to monitor and reduce co-pollutants as well. Such examples could include: factoring in co-pollutants to the Social Cost of Carbon (SCC) calculations (Section 4.2.2); including co-pollutants in the proposed annual Greenhouse Gas (GHG) Inventory Report (Section 4.2.2); developing a co-pollutant inventory for Department facilities as supplemental to the development of its greenhouse gas inventory (Section 4.2.3.1); increasing transparency and specificity to address co-pollutants while examining “avenues to reduce pollution in overburdened communities” (Section 7.1).

Hydrogen Hubs
Throughout the Plan, the DEP highlights their intention to support the development of a regional hydrogen hub (Section 4.2.5 and Section 4.2.6.1). We are deeply concerned that these plans will be advanced without consideration of community input, potential risks, and sufficient conversation with EJ communities who will bear the brunt of negative consequences from these facilities. The only way to produce hydrogen without worsening air pollution or further damaging the climate is to create “green hydrogen” which – as of April 2021 – represents less than 1% of the hydrogen produced. Hydrogen Hubs cannot be treated as the singular solution and any exploration of using hydrogen should be treated with extreme caution. EJ communities must be engaged and given accurate information regarding the impacts of these hubs to their communities. Furthermore, the DEP must sufficiently address the public and environmental risks of the hydrogen hubs program to New Jersey communities with robust discussion, full transparency, and meaningful engagement.

Lastly, the DEP should be clear in its understanding and interpretation of clean energy specifically as it relates to the development of renewable energy powered and/or hydrogen-powered fuel cells. The DEP must define “clean firm” and be precise about both the benefits and risks of these technologies. Clean technology cannot become a greenwashed term, and must represent truly clean technologies. Language regarding clean energy and clean technologies must ensure that environmental communities see real, tangible protection and that just transition practices are employed in every proposal and plan.

Sustainable Waste Management
The issue of sustainable waste management is a unique challenge in that it requires both highly specific community engagement and localized plans as well as a broad state-wide plan to handle the state’s waste. NJEJA firmly supports a prioritization of EPR as an effective tool to drastically reduce the amount of plastic waste, particularly plastic packaging waste, from entering the waste stream. When we reduce plastic production we send less waste to incinerators, which alleviates air pollution and other toxic-exposure health concerns in overburdened communities. We urge the DEP to continue developing EPR policies and infrastructure, in order to address waste issues in a manner that reduces the pressure on the individual, and instead handles these waste challenges at an infrastructural level targeting plastic reduction policies at the source of their production. Additionally, the DEP must be clear about their definitions of recycling and their development of facilities to handle sustainable waste management. First, the definition of recycling should prohibit chemical recycling, plastic to fuel, advanced recycling, pyrolysis, solvolysis, gasification, or any synonymous technology from being included as viable recycling techniques. These technologies have not been proven to be credible or safe techniques and expose communities, particularly already overburdened communities, to air pollutants and risk of fires, gas and chemical leaks, and costly clean-ups. Secondly, we recommend that the DEP define and explain their intention for similar terms including food waste recycling facilities and organic waste recycling.

Finally, the DEP must ensure that all evaluation of emerging technologies, educational programming, engagement opportunities, and strategic planning includes communities who will be primarily affected by these facilities. These communities must be prioritized in the stakeholder engagement process in order to address their concerns, ensure safety and stability in the development process, and sufficiently address environmental risks.

Climate Equity: Stakeholder Engagement and Community Input
Finally, climate equity work must include and center EJ communities. As the Plan acknowledges:

“Low-income communities and communities of color in New Jersey – and across the United States – are burdened with disproportionately high pollution, increased flood risk, and more intense heat waves as compared to wealthy, White communities due to decades of redlining and community disinvestment.”

Section 7

These communities have consistently been forced to navigate climate change dangers, environmental degradation, adverse health risks due to worsening air pollution, and other community risks. In order to ensure that past wrongs are not replicated in current plans, EJ communities must be included and recognized as leaders in the strategic planning process. The DEP must underscore the importance of community engagement in every action, plan, and regulatory development. We are supportive of the opportunities for stakeholder engagement listed within the Plan, and we encourage the DEP to ensure that these engagements are inclusive of all stakeholders including community-based and local non-profit organizations. Prioritizing direct engagement with communities not only builds trust between governmental bodies and the local communities, but often leads to increased support for projects by recognizing the value and knowledge of communities in leading the planning and development processes. This support serves to expedite the planning process, ensure that communities are enthusiastic about plans to build climate resilience across New Jersey, and create a cohesive, cross-sector coalition dedicated to helping the State reach its climate goals. All areas of the Plan would benefit from increasing community engagement, but areas that address the layout and specific conditions of a community can see increased benefit from direct community conversation. Such areas include the DEP’s work on sustainable waste management (Section 9.2.1), resilience funding (Section 5.2.2.1 and Section 5.2.2.2), and the Community Solar Energy Program (Section 4.2.5.1). Furthermore, the DEP should increase transparency and specificity regarding tools, tactics, and strategies to support overburdened communities; there must be prioritized, direct, and protective actions to reduce risk and strengthen the overall health and wellbeing of the community.

Conclusion
When the communities across the state that are most consistently facing climate risk are protected, we will see a trickle-up effect where every individual is protected. NJEJA reaffirms every community’s inherent right to a healthy, safe community. These comments have been submitted to address our concerns regarding air pollution, hydrogen technologies, truly clean energy, sustainable waste management, and robust stakeholder engagement. We offer our support in building a cleaner, more resilient New Jersey and are supportive of ongoing conversation with the NJDEP concerning our thoughts in these comments.

Prepared by:
Brooke Helmick, M.A.
Law and Policy Manager, New Jersey Environmental Justice Alliance

Press Release: EPA’s Proposed New Carbon Pollution Standards for Fossil Fuel-Fired Power Plants Will Fail to Protect EJ Communities

Press Release: EPA’s Proposed New Carbon Pollution Standards for Fossil Fuel-Fired Power Plants Will Fail to Protect EJ Communities

WASHINGTON (August 8, 2023) –The Tishman Environment and Design Center at The New School, the Center for the Urban Environment of the John S. Watson Institute for Urban Policy and Research at Kean University, the New Jersey Environmental Justice Alliance (NJEJA), and the Center for Earth, Energy and Democracy, along with 18 environmental justice and 9 allied organizations are submitting public comments today on the Environmental Protection Agency (EPA)’s proposed carbon pollution standards for coal and new natural gas fired power plants. 

Environmental justice (EJ) communities are on the frontlines of the adverse impacts of climate change and are disproportionately exposed to a wide range of polluting industries, including fossil fuel infrastructure like coal plants, natural gas plants, and pipelines. The use of carbon capture and sequestration (CCS) mechanisms and hydrogen co-firing in the power sector will further harm EJ communities that are already overburdened. The only real solution to climate change is the rapid and complete transition of the power sector away from all types of fossil fuels to energy efficiency and  renewable energy in the form of wind and solar power. We call attention to critical EJ concerns related to the proposed rule that would hinder a reliable, just, and truly clean power section transition. 

The EPA will finalize the standards in the coming months.

The following is a comment from Dr. Ana Baptista, The Tishman Environment and Design Center at The New School

Addressing climate change and decades of toxic exposure experienced by environmental justice communities means moving away from a dependence on fossil fuels and investing instead in renewable energy sources and infrastructure in communities. Supporting carbon capture and sequestration (CCS) and hydrogen co-firing in the power sector through massive amounts of public funding and policies like EPA’s proposed rule will perpetuate the fossil fuel industry, to the continued detriment of EJ communities. These same overburdened communities have time and again been sacrifice zones to unjust policies and infrastructure that place them on the frontlines of fossil fuel polluting structures. Environmental justice should be a priority for the EPA’s power sector rule rather than an afterthought . We urge the EPA to take seriously the environmental justice implications of this rule and consider cumulative impacts in decision-making processes related to the rule.”

 

The following is a comment from Dr. Nicky Sheats, John S. Watson Institute for Urban Policy and Research at Kean University

“Too many low-income communities and Communities of Color around the country are exposed to the harms of all types of polluting infrastructure and have disproportionately borne these cumulative burdens for too long. It’s time to right these wrongs. EPA’s proposed rule all but recognizes that CCS and hydrogen co-firing will add to toxic air pollution in communities living near power plants, and this is unacceptable when such communities already live with an unfair share of cumulative impacts from pollution. The EPA’s proposed carbon pollution standards must adopt a more affirmative approach toward environmental justice to address cumulative impacts. ” 

The following is a comment from Melissa Miles, New Jersey Environmental Justice Alliance

“A rapid, clean energy transition is indispensable to ensure that current and future generations have healthy and safe communities to live, work, play, learn, and worship in. We need policies that mandate emissions reductions in EJ communities and ensure the closure of fossil fuel powered plants first and foremost in EJ communities. The EPA’s proposed carbon pollution standards are an opportunity for the EPA to create equitable policies that truly center communities on the frontlines and bring us to a clean energy transition and just future for all.” 

 

The following is a comment from Bill Gallegos, Center for Earth Energy & Democracy

“We know that overwhelmingly the burden of pollution from fossil fuel powered power plants is borne by low income communities, communities of color and indigenous communities. We also know that the impacts of rising intensive heat cycles, extreme temperatures and the resulting power outages are experienced most acutely by environmental justice communities.  We are at a critical juncture in our nation’s history. We must meet the challenge of climate change like never before – in ways that center environmental justice communities. We urge the EPA to uphold its commitment to environmental justice and create policies that reduce carbon pollution from the power sector in ways that create benefits for environmental justice communities.”

 

Press Release: New Jersey Releases Rules for Landmark Environmental Justice Law

For Immediate Release: Monday, June 6, 2022


For more information regarding this statement, please contact: 

JV Valladolid, jvalladolid@ironboundcc.org   cell:  862-588-4715

 

Statement from Ironbound Community Corporation, 

New Jersey Environmental Justice Alliance, Clean Water Action,

 and South Ward Environmental Alliance


New Jersey Releases Landmark Environmental Justice Rules


     Environmental Justice (EJ) communities throughout New Jersey are on the brink of change as the landmark Environmental Justice Bill S232 comes closer to being realized.  Today’s release of long awaited rules that accompany this landmark EJ Law is a critically  important milestone. 


The law and now proposed rules tackle the decades-long pattern of dumping polluting facilities in communities Of Color and low-income communities. Under these new rules, polluting facilities will be required to undergo a robust environmental justice review before being permitted in overburdened, i.e., environmental justice communities. These precedent-setting rules will arm New Jersey regulators with the right to deny further harmful pollution in these neighborhoods. Environmental justice communities will finally have a chance to have what many people take for granted – clean air and a safer environment in which to thrive. 


The just released rules would not have been possible without the tireless efforts of New Jersey environmental justice advocates and organizations, as well as State Senator Singleton, State Senator Ruiz, Assemblyman McKeon, Governor Murphy, NJ Department of Environmental Protection (NJEP) Commissioner LaTourette and staff that led to the passage of the law (S232) in the first place.


This rule reflects two years of continued hard work, expertise and community knowledge of EJ advocates who worked alongside the NJDEP staff to develop a strong set of rules that reflect the ambition, significance and promise of the landmark EJ law. We are eager to see these rules adopted as written as soon as possible and finally put to use in the communities that have been sacrificed for far too long. 


New Jersey Environmental Justice Alliance, Ironbound Community Corp. Environmental Justice, South Ward Environmental Alliance, and Clean Water Action will be making sure that communities understand and are engaged with the public hearings regarding the proposed regulations. Too often when a historic bill such as S232 is passed, people stop paying attention after the bill is signed. It is imperative that our communities stay engaged. Until the final rule adoption occurs later this year, we  urge the NJDEP to act in the spirit of the law and as we continue to fight our current battles for environmental justice in New Jersey, including: a fourth fracked gas power plant proposed by Passaic Valley Sewerage Commission, threat of a sludge facility proposed, and waste facility expansions in Camden. 


The draft rules require the NJDEP to evaluate the environmental and public health impacts of various polluting facilities on overburdened communities when reviewing specific types of permit applications. It lays out a process for assessing the burden that new facilities may pose to communities that are already overburdened and directs the state to deny those permits that contribute to the existing stressors in those census blocks. It requires additional reviews of existing facilities in overburdened communities that undergo a renewal or expansion process and can apply more stringent conditions to those existing facilities. It also offers a robust set of public participation processes for local input. 



“This is an important first step to ensuring that communities Of Color and communities with low-income in New Jersey have a chance to attain the clean environment  that other communities in the state enjoy.”

– Nicky Sheats, Ph.D., Esq, NJEJA Trustee


“The South Ward community of Newark just wants to breathe clean air and enjoy their quality of life free from additional toxic facilities impacting the health of the neighborhood.”

– Kim Gaddy, Environmental Justice Director, Clean Water Action


“We are excited about reaching this pivotal moment in the trajectory of the EJ law. Environmental Justice communities will be paying specific attention to what warrants a compelling public interest, what does it mean to avoid harming the community and provisions around community engagement.  We need to ensure that no industry green washes their way through EJ law.”

– Maria Lopez-Nunez, Ironbound Community Corp.


“These rules represent the hard work and diligence of EJ activists that have worked tirelessly alongside NJDEP to produce the strongest environmental justice law in the nation. Finally, there is a light at the end of this journey towards environmental justice for all.” 

– Ana Baptista, Ph.D., The New School University, NJEJA & ICC Trustee


“One of the most critical details of the Environmental Justice Law is the robust public process required of permitting facilities. For far too long some of the worst actors have lied or bought their way into the good graces of a few key people and claimed that their ‘back room’ deals were community engagement. Even now some communities expect polluting industries to operate in obscurity and without their input. That all ends with the implementation of the EJ Law.”

– Melissa Miles, Executive Director, New Jersey Environmental Justice Alliance (NJEJA)


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Press Release: Coalition for Healthy Ports call for action on scrapyard fire at Eastern Metal Recycling Terminal at Port Newark

Coalition for Healthy Ports

Ironbound Community Corporation      

New Jersey Environmental Justice Alliance    

Clean Water Action    

South Ward Environmental Alliance

Immediate Release: Tuesday January 25, 2022

Contact:  Kim Gaddy, Clean Water Action and South Ward resident  973-914-2449

                 Maria Lopez-Nunez, Ironbound Community Corporation    201-978-6660    

                 Melissa Miles, New Jersey Environmental Justice Alliance  347-553-3338

TODAY, Newark – The Coalition for Healthy Ports (CHP)* issued a call for action regarding the scrap yard fire at Eastern Metal Recycling Terminal at Port Newark, the second large fire at this site since September 2021.

 Current policies, regulations and emergency response procedures leave communities and workers vulnerable to unknown chemical exposures and other harms of this facility and others like it during routine operations, only made worse during crisis management.

Community notification procedures and air monitoring systems are inadequate, leaving residents clueless as to what to do to protect themselves and their families. The only information residents are getting is from news reports. Agencies will have limited information to assess the situation, pollution impacts, and/or consider remedies to put in place in the future. 

It is also alarmingly unclear who has jurisdiction for permits, operations, emergency response and enforcement at Port Newark – Port Authority of NY&NJ (PANYNJ), NJ Department of Environmental Protection (NJDEP), Office of Emergency Management (OEM), Federal Occupational Safety and Health Administration (OSHA) for port, on-site and emergency responders just to name a few. The PANYNJ fire team deemed themselves ill equipped so the City of Newark Fire Department was called in to respond. Additionally, NJDEP’s oversight is currently limited, but we anticipate that the long awaited environment justice rules will include scrap yards – facilities that have long eluded regulatory controls and tools for community accountability.

The Coalition for Healthy Ports calls on the Governor and other responsible agencies to: 

  • take immediate action to protect residents and workers, properly and regularly inform them of developments related to the fire 
  • install emergency and permanent air/water monitors to assess pollution and health impacts
  • evaluate reasons for current fire and take immediate steps to prevent future fires
  • exercise enforcement powers where they may currently exist 
  • formally propose and adopt cumulative impact regulations as soon as possible, including scrap yards and other previously un/underregulated facilities of concern
  • resolve chronic jurisdictional issues and enforcement powers at the port 
  • hold a community meeting to both inform and receive public input on their concerns and demands for action

Below are quotes from impacted community leaders and Coalition for Healthy Ports members:

“ We often have to worry not just about fires but what is burning in those fires. No one should go to bed with nausea or headaches from the smells outside but our residents know the feeling all too well. This fire joins a long list of situations that remind us how close we are to potential catastrophe in our communities because of the concentration of toxic reactive chemicals. We need more than lip service, we need real protection. It is exhausting to keep asking for protection from our state but there are decades of historic injustice that must be addressed.” Maria Lopez-Nuñez, Deputy Director, Organizing and Advocacy, Ironbound Community Corporation

“Longshoreman and Newark residents deserve to be protected from fires at Port Newark.  Our health must be a priority of Gov. Murphy and the PANYNJ. As a South Ward resident living in a Port community, we demand mandatory air monitoring and environmental enforcement at the Port today.” Kim Gaddy, Executive Director, South Ward Environmental Alliance and New Jersey Environmental Justice Director, Clean Water Action

“Leadership at the Port of Newark has consistently denied their responsibility for air pollution beyond their fence line. This is a clear incidence of serious impacts as far away as New York City. We need fence line air monitoring and community accountability from the Port and its tenants.” Melissa Miles, Executive Director,  New Jersey Environmental Justice Alliance

“This fire is a reminder of the threats that port related waste facilities pose to community and worker health. In times of emergency, we must have clear lines of communication and a coordinated response to protect people. We call on state and local agencies together with the PANYNJ to ensure effective monitoring and enforcement to prevent future fires.” Ana Baptista, P.h.D. Co-Director, Tishman Environment & Design Center, The New School University and Coalition for Healthy Ports Member

“The frequency of chemical fires occurring in New Jersey is on the rise – sounding the alarm for immediate action. The state must step up enforcement of existing laws and adopt long awaited cumulative impact protections including strict oversight of polluting facilities and scrap yards in already grossly overburdened communities and port region. Anything less than this is an environmental and public health injustice to residents and workers.” Amy  Goldsmith, NJ State Director, Clean Water Action and Steering Committee Member, Coalition for Healthy Ports

“The New Jersey Governor’s Office, New Jersey Department of Environmental Protection and all relevant governmental agencies need to work together to address this alarming fire and to prevent this type of incident from happening again in the future.” Nicky Sheats, Esq., Ph.D., Director, Center for the Urban Environment, John S. Watson Institute for Urban Policy and Research at Kean University, and New Jersey Environmental Justice Alliance Member

###

* Coalition for Healthy Ports (CHP) is a bi-state alliance founded in 2007 by environmental and environmental justice activists, truck drivers, faith leaders, labor unions, and community advocates fighting for zero emissions, clean air, good jobs, healthy communities, environmental and economic justice at the Ports of New York and New Jersey and throughout the logistics industry. Particular emphasis is given to port-adjacent communities that are disproportionately overburdened by port pollution and operations. www.coalitionforhealthyports.org

Comments on BPU Charging Infrastructure Straw

Comments on: In The Matter Of Medium And Heavy Duty Electric Vehicle Charging Ecosystem, New Jersey Electric Vehicles Infrastructure Ecosystem 2021 – Medium And heavy Duty Straw Proposal

One of the most important policy recommendations that has been supported by a significant segment of the environmental justice (EJ) advocacy community is that climate change mitigation policy, in addition to fighting climate change, should be used to reduce the disproportionate amount of pollution often found in EJ communities.

In the power generation sector the EJ advocacy community has indicated this means, at least partly, that electricity generating plants located in EJ residential communities should be required to reduce emissions, no matter what type of climate change mitigation program applies to the plants. This policy would guarantee that climate change mitigation policy would deliver critical reductions in locally harmful greenhouse gas co-pollutants to vulnerable and overburdened EJ communities. These reductions would improve the health of residents living in communities affected by plant emissions. The New Jersey EJ Alliance (NJEJA), has called this policy “mandatory emissions reductions for EJ communities through climate change mitigation policy”.

NJEJA is a statewide organization that focuses solely on EJ issues and advocates for policies that will improve the quality of life of low-income communities and communities Of Color, i.e. EJ communities, in New Jersey and across the nation. It is important to note that NJEJA has strongly advocated for the adoption of the mandatory emissions reductions for EJ communities through climate change mitigation policy and opposed New Jersey’s entrance into the Regional Greenhouse Gas Initiative and Transportation and Climate Initiative, in part because they do not guarantee such reductions. A comparable type of mandatory emissions reductions policy that directly and unequivocally improves the health of EJ communities is needed for the transportation sector. The New Jersey Board of Public Utilities’ (NJBPU) Notice, In The Matter Of Medium And Heavy Duty Electric Vehicle Charging Ecosystem, New Jersey Electric Vehicles Infrastructure Ecosystem 2021 – Medium And heavy Duty Straw Proposal (hereinafter referred to as Straw Proposal), provides New Jersey with an opportunity to discuss and make progress on this type of important policy. NJEJA is submitting the following comments in an effort to further that discussion.