Continuing extensions and taking away public oversight with Executive Orders 122 and 127, on Saturday Governor Murphy signed Executive Order 136 that keeps siding with polluters and developers. The Executive Order extends Department of Environmental Protection (DEP) rules, regulations, and permits by 90 days after the Public Health Emergency is over. Last week, the NJ DEP extended the grace period for submission of certain monitoring and submittal deadlines set forth in individual Air Permits.

“This weekend, in one of the biggest giveaways to polluters, DEP extended all permits, rules, and regulations. This will allow more environmentally sensitive and flood-prone areas in New Jersey to be paved over, leading to more flooding, more pollution, and more sprawl. DEP is also not requiring reporting during the Grace Period and not doing enforcement, creating a ‘polluter’s holiday.’ At a time when we need to be more careful of the environment, DEP is creating an open door for bad projects to continue to move forward, bad permits to be extended, and more pollution,” said Jeff Tittel, Director of the New Jersey Sierra Club. “This continues the extension of permits for developers and polluters without public input. New York extended public comment periods by 60 days, and New Jersey should do at least the same. We’re concerned that this extension means that they will be playing politics to push through bad projects.”

EO 136 pauses or delays timeframes governing the DEP’s provision of public notice, review, and decisions on permits and other approvals for the duration of the public health emergency, including those which would deem applications approved without conditions deemed necessary by DEP to ensure protection of public health, safety, and the environment.

“What’s even more troubling is that DEP has evoked a Grace Period for reporting on enforcement for air, water, land use, and solid waste pollution. This means that they don’t have to report how much pollution they’re emitting, and there is no penalty if they violate environmental standards. Without enforcement and oversight, there will be more pollution. This is like removing the environmental cop from the beat, resulting in more accidents, spills, and environmental violations,” said Jeff Tittel. “New Jersey is criticizing the Trump administration for having a Grace Period and cutting enforcement, but now we’re doing the same thing. This is a double hit because we won’t have a backstop for the EPA’s extensions and lack of enforcement.”

The Newark Covanta Incinerator has been releasing purple smoke into the air over the past couple of months. This purple/pink smoke signifies that iodine is being released. When this happened last year, a Covanta spokesman said that the discoloration resulted from iodine that had been improperly discarded in other waste.

“The Newark Covanta incinerator has been burning medical waste and emitting purple smoke for months, but with a Grace Period there would be no enforcement action against them. DEP should have stricter standards and more enforcement during this pandemic, especially because a recent Harvard study has linked air pollution to coronavirus risk,” said Jeff Tittel. “DEP is also moving forward with an air permit for a dangerous LNG facility in Gibbstown. This facility will put more harmful air pollution. They are also pushing other harmful projects without extending public comment, like William Transco NESE project and NJNG’s SRL pipeline.”

The EO also extends deadlines for soil and fill recycling services under the Dirty Dirt Law. It extends the July 1, 2020 deadline for the governing body of each municipality to submit its yearly recycling tonnage report to DEP by 60 days.

“DEP is also delaying the implementation of the Dirty Dirt Law. DEP never wanted this law, and they didn’t want to enforce it. Now they are suspending it without enforcement, using the public health emergency as an excuse. This means that dirty dirt brokers will continue to illegally dump contaminated soil because there may not be strict enforcement. Lack of enforcement is a slippery slope that leads to more pollution and more problems. This could have serious environmental and health impacts at a time when we are dealing with the public health crisis,” said Tittel. “As we speak, DEP is also trying to create major loopholes for toxic cleanups standards without extending public comment or holding public hearings.”

The Governor’s EO 136 also delays the implementation of the Dirt Dirt Law. The law was signed by Governor Murphy on January 21, and is aimed at curbing illegal dumping of contaminated materials in New Jersey. Illegal dumping in New Jersey has the potential to impact the environment and also cause public health problems, like in Kearny where New Jersey Sports and Exposition Authority illegally dumped liquid sewage sludge.

“This EO means that bad projects and those that are politically connected can still move forward when the public can’t keep up. People are expecting projects to be delayed, so they aren’t paying as close attention. The public also can’t get information for remote hearings because OPRA is delayed and the information isn’t online. Holding hearings online is discriminatory because around a third of the people in New Jersey don’t have access to computers or the internet, and many others have to share with family members,” said Tittel. “We are glad they are suspending the automatic approval of land-use permits if DEP doesn’t act within 90 days, which is called the ‘Deemer Clause.’ This is a step in the right direction, although DEP could also deny them instead of extending the process.”

Executive Order 136 was signed on May 2, 2020 and took effect immediately. It was signed to ensure greater opportunities for public engagement while enabling the NJ DEP to conduct thorough environmental reviews.

“We know that reducing air pollution and helping the environment helps people deal with this public health emergency. This shows that we need stricter enforcement and more accountability. Many of these projects will have serious environmental and health impacts, which is especially concerning during the coronavirus outbreak. DEP needs to extend the public comment period like New York. The fact that public hearings are still moving forward despite the pandemic is undemocratic and does not allow for adequate public oversight and input,” said Jeff Tittel, Director of the New Jersey Sierra Club. “It is more critical than ever that New Jersey has tight enforcement and holds polluters accountable. We are in the middle of a public health emergency. We need to be reducing pollution, not giving polluters a green light.”