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ARTICLE · 21 SEPTEMBER 2023

Pennsylvania DEP Publishes Final Interim Environmental Justice Policy

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The Pennsylvania Department of Environmental Protection (DEP or the Department) has issued a new environmental justice (EJ) policy (Interim Final EJ Policy)...

United StatesEnvironment
David J. Raphael
David J. Raphael
Tad Macfarlan
Tad Macfarlan
Samuel R. Boden
Samuel R. Boden

The Pennsylvania Department of Environmental Protection (DEP or the Department) has issued a new environmental justice (EJ) policy (Interim Final EJ Policy)—published as an interim final policy effective on 16 September 2023—that will materially impact how and when major environmental permits are issued in Pennsylvania and also impact enforcement of environmental laws in EJ areas. The Interim Final EJ Policy published in the Pennsylvania Bulletin on 16 September1 ushers in a new era regarding how the Department will process and evaluate environmental permits covered by this policy. Covered permits will be analyzed for impacts to EJ areas and will be required to engage in additional outreach to local communities. Perhaps most interestingly, the Interim Final EJ Policy allows for enhanced civil penalties for violations that occur in EJ areas covered by the policy. DEP will be using a mapping and screening tool known as "PennEnviroScreen" that identifies EJ communities

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