DEP Never Used The Most Powerful Provision Of The Pollution Prevention Act
Pollution Prevention Law Authorizes DEP To Issue “More Stringent” Emission Limits
DEP Has Enormous Unused Power To Reduce Hazardous Chemical Air & Water Pollution
This is a quick followup to yesterday’s post, because I just realized that I buried the lede in that broad overview.
Yesterday, I criticized a lame Op-Ed written by Jeanne Herb of Rutgers. Among other things, Ms. Herb touted the toxic use reduction goals of the 1991 Pollution Prevention Act (Act), but did not mention that she previously managed the DEP’s Pollution Prevention program.
Although you probably never heard of it, the Pollution Prevention Act requires certain industrial facilities to prepare Pollution Prevention plans designed to reduce the use and discharge of hazardous chemicals.
The most powerful provision of the Act authorizes the DEP to enforce Pollution Prevention Plans in other DEP air pollution, water pollution, and solid and hazardous waste permits.(see NJSA 13:1D-43.c. & d.) and “require more stringent emission or effluent limits based on pollution prevention strategies contained in the pollution prevention plan”:
That provision has been vigorously opposed by NJ’s petro-chemical and pharmaceutical industries.
As a result, the DEP has NEVER used that authority. Not once in 32 years, a period of time in which DEP issued thousands of air, water, and waste permits.
Repeat: DEP NEVER “required a more stringent emission or effluent limit” based on a Pollution Prevention Plan.
That massive failure is astonishing and tells you all you need to know about DEP and the political power of the chemical industry (and the failure of Ms. Herb, the media and environmental groups).