EJ Administrative Order Decisions

Environmental Justice Administrative Order Decisions

NJ’s Environmental Justice Law requires DEP to evaluate the environmental and public health stressors of eight types of facilities located, or proposing to be located, in overburdened communities (OBCs). Administrative Order No. 2021-2025 directed DEP staff to meet legislative intent of New Jersey’s EJ law while implementing regulations were being developed. This AO is now replaced with the EJ Rule process. After a required public process, the DEP must issue a decision to determine whether the facility is authorized to proceed to the subsequent DEP permitting processes and, if appropriate, issue special conditions required to avoid causing a disproportionate impact on the OBC.