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Passaic Valley Sewage Treatment Plant Is A Major Source Of Hazardous Air Pollutants & Greenhouse Gases

DEP’s Failed Permit Review Contradicts The Spin In A Blizzard Of DEP Press Releases

Major Air Permit Exposes Massive Loopholes and Flaws In NJ EJ And Climate Laws

While EPA and the Murphy DEP issue a barrage of heavily spun, deceptive, and self serving press releases, their regulatory and permit programs are conducting business as usual and rubber stamping toxic permits that exacerbate the climate emergency.

The Murphy DEP recently proposed a major modification to air pollution permits for the Passaic Valley Sewage Commission’s Newark sewage treatment plant. (read the DEP Public Notice and review the draft permit).

The plant is a major source of air pollution, including emissions of: (see above table)

• 76.8 tons/year of volatile organic chemicals (some are carcinogens);
• 64.4 tons of NOx (an ozone precursor);
• 103 tons of carbon monoxide;
• 15 tons of fine particulates (a major cause of asthma and respiratory disease);
• 15.7 tons of hazardous air pollutants (many are carcinogens) and
• 287,000 tons of CO2 equivalents (greenhouse gases).

Yet despite the huge air pollution emissions – which have significant impacts and pose significant risks for residents of Newark and surrounding areas – the DEP did not conduct an environmental justice review before issuing the draft permit and the draft permit is not governed by the what has been touted as the “landmark” and “historic” NJ environmental justice law and DEP implementing regulations.

Similarly, despite massive emissions of 287,000 tons of greenhouse gas emissions, the DEP did not conduct any climate related impact review and the draft permit is not governed by the highly touted NJ Global Warming Response Act.

The DEP draft permit also flies in the face of a blizzard of DEP press releases and major DEP and US EPA funding of environmental justice and climate programs in Newark. (see this, issued today:

• DEP AMONG NEW JERSEY ORGANIZATIONS, AGENCIES SLATED TO RECEIVE MORE THAN $4.8 MILLION IN USEPA FUNDING TO SUPPORT ENVIRONMENTAL JUSTICE WORK).

In fact, US EPA just granted almost $2 million to EJ and climate programs in Newark, yet there was no mention of these flaws in DEP’s permit review practices and climate regulations, see:

Recipient: Ironbound Community Corporation (ICC)

Project Title: Advancing Environmental Justice and Climate Resiliency through Increasing Tree Canopy in the Ironbound section of Newark

Project Location: Newark, NJ

Project Description: Ironbound Community Corporation (ICC), Ironbound Business Improvement District (IBID), NJ Tree Foundation (NJTF), and the city of Newark will partner to plant trees throughout the Ironbound section of Newark, which has the least amount of tree canopy in the city. This project will reduce urban heat island effect, mitigate flooding, and improve air quality, while engaging hundreds of residents and businesses. ICC and IBID will conduct extensive outreach to residents and businesses to solicit interest and buy-in to receive a tree, respectively, while NJ Tree Foundation will manage the planting of the trees and offer tree stewardship workshops to residents and businesses who sign up for a tree and to the community at-large. The city of Newark will help facilitate permits and other services, while tying the efforts to its larger sustainability and resiliency plans.

Recipient: New Jersey Environmental Justice Alliance

Project Title: New Jersey EJ Education Collaborative Project Location: Statewide, NJ

Project Description: There is a significant need to increase the capacity of communities with environmental justice concerns to empower residents to participate in public discourse on issues affecting them. Residents must be educated on how to advocate for their community’s best interest in dialogue with government and private entities over siting, permitting and other decisions affecting their environment. These communities are historically difficult to reach, engage and organize, which is why grassroots organizations are critical to this mission. The NJ EJ Law requires enhanced public engagement for residents in EJ communities, allowing them to demonstrate local impact and have permits denied. This has accelerated the need to train communities so they can effectively influence this democratic process. The NJ EJ Education Collaborative hopes to address these issues by proposing the development of a NJ-specific hub-and-spoke outreach network to community adults and youth. It will create and provide EJ basic information and a blueprint for navigating governmental processes. This will help demystify the core issues for participants and give them skills to substantively promote their community’s interests.

So while EPA and the Murphy DEP issue these heavily spun, deceptive and self serving press releases, their regulatory programs are conducting business as usual and rubber stamping toxic permits that exacerbate the climate emergency.

Both grant recipients strongly supported NJ’s flawed environmental justice law. So, I doubt they will correctly educate their communities about these flaws, which are documented and exposed by this draft PVSC permit.

The public comment period is open until November 4, 2023 (see above Public Notice link for how to submit comments). I just requested that DEP hold a public hearing in Newark and I urge readers to let DEP know how you feel about this scam.

Dear DEP – I hereby request that DEP hold a public hearing on the subject draft permit in Newark.

The basis for this request include, but are not limited to, major scientific, technical and public policy concerns related to:

1) public health risk assessment from HAP and VOC emissions

2) failure to conduct an environmental justice review

3) failure to conduct a climate review or regulate greenhouse gas emissions

4) failure to impose “State of the Art” emissions controls pursuant to NJ’s Air Pollution Control Act

5) failure to fully mandate air pollution emissions fees, including for greenhouse gas emissions

6) failure to comply with NJ law that governs the 20 year time horizon for conversion of methane to CO2 equivalents.

Thank you,

Bill Wolfe