NJDEP Adopts Environmental Justice Regulations

The New Jersey Department of Environmental Protection ("NJDEP" or the "Department") adopted its long discussed Environmental Justice Rules ("EJ Rules") on April 17, 2023. The Department has touted these rules as the first of their kind in any state.

Eight types of facilities are subject to the EJ Rules: 1) major sources of air pollution; 2) resource recovery facilities or incinerators; 3) sludge processing facilities, combustors, or incinerators; 4) sewage treatment plants with a permitted flow of more than 50 million gallons per day; 5) transfer stations or other solid waste facilities, or recycling facilities intended to receive at least 100 tons of recyclable material per day; 6) scrap metal facilities; 7) landfills; 8) certain medical waste incinerators.