Clean Water Action and our allies at the Massachusetts EJ Table are celebrating the release of new environmental justice regulations that add protections for over-burdened and vulnerable communities that are hot spots for air pollution. Massachusetts joins New Jersey in advancing policy frames that assess cumulative impacts for any newly proposed projects that would add to air pollution burdens. These new regulations give state officials the authority to deny, amend or attach conditions to proposed projects that add air pollution in or near EJ communities. Clean Water teams in Minnesota and Connecticut celebrated legislative victories this past year as cumulative impacts bills passed into law in those states as well. “
The Department of Environmental Protection will require key air permit applicants to assess 33 environmental, health, and socioeconomic indicators
BOSTON, MA – The Healey-Driscoll Administration today moved to address air quality issues in or near environmental justice areas by announcing amendments to state air pollution regulations. The changes require certain facilities seeking air emissions permits in or near communities with environmental justice populations to conduct a cumulative impact analysis, which evaluates existing local environmental and health conditions in a community. The regulations also require enhanced public outreach to, and meaningful involvement of, environmental justice populations in the permitting process. The new regulations are now in force and apply to permit applications filed with the Massachusetts Department of Environmental Protection (MassDEP) on or after July 1, 2024.
“Safeguards for overburdened communities that already experience too much pollution and health damage are sorely needed and are critical to make sure we don’t deepen environmental injustices,” said Cindy Luppi, National Field Director, Clean Water Action. “We’re grateful that the Healey-Driscoll Administration wants to address this on-going pattern of injustice in some of the Commonwealth’s low-income and BIPOC communities. Meaningful regulations offer the promise of a healthier and more just tomorrow and we hope that many more states follow Massachusetts’ lead.”
“Our administration is committed to addressing longstanding environmental injustice,” said Governor Maura Healey. “Massachusetts is proud to make history as the first state in the nation to launch a statewide program to require a detailed, site-specific evaluation of cumulative impacts to consider public health and other factors. We hope to set the standard for others to follow as we seek to right past wrongs and build healthier, more inclusive communities.”
“A cumulative impact analysis will offer a more complete picture of environmental and health conditions in affected communities and equip residents to be involved in the permitting process from the very beginning,” said Lieutenant Governor Kim Driscoll. “This is a significant development as our administration continues to prioritize participation, transparency, and protection of public health in permitting decisions.”
“This approach takes a holistic look at what existing conditions might be worsened by a new or increasing source of air pollution,” said Energy and Environmental Affairs Secretary Rebecca Tepper. “It provides opportunities for residents to meaningfully engage in the permitting process to help identify mitigation strategies and ensure that these facilities are a benefit to – not a further burden on – environmental justice communities.”
People are exposed to pollution through air, water, and land. Over time, these exposures can add up and interact with each other, and combined with existing health and socioeconomic conditions, can cause adverse health impacts. Communities that are home to numerous sources of pollution – such as highways or waste facilities – often have higher rates of asthma and other serious health conditions. This is especially true in communities with environmental justice areas, where residents have higher instances of health issues related to socioeconomic conditions. Current air pollution regulations do not require new facilities to assess potential pollution in light of existing environmental and health conditions or existing pollutant sources in the area. By requiring new and expanding facilities that will emit air pollution to conduct a cumulative impacts analysis prior to applying for an air permit, residents will be empowered with practical information about potential impacts to their health and community.
“The cumulative impact analysis gives our agency and the public a better basis to evaluate project proposals in real-world contexts,” said MassDEP Commissioner Bonnie Heiple. “MassDEP has developed innovative tools and compiled comprehensive datasets that can be used by permit applicants and interested residents to assess local impacts.”
“These new regulations will empower communities with information about the impacts of air pollution on their health,” said Undersecretary for Environmental Justice and Equity María Belén Power. “As new facilities seek to come into neighborhoods, environmental justice communities will have the data and transparency they deserve. This is an important step towards achieving justice for all people in Massachusetts.”
Community Engagement
Early community engagement and advance notification are key requirements of the new rules.
The regulations apply to projects that would emit significant amounts of air pollutants in or near environmental justice communities – for example, certain power plants, large boilers, and manufacturing facilities. At least 60 days before applying for a new or modified air permit, the permit applicant must provide a notification and fact sheet about the proposed project to nearby environmental justice populations, local officials, and MassDEP. The applicant also must provide public involvement opportunities and document and respond to comments and concerns raised by the public.
Comprehensive Analysis
The new rules require permit applicants to assess existing community conditions by evaluating 33 environmental, health, and socio-economic indicators. These indicators help characterize existing pollution sources, health vulnerabilities, and other stressors that could be worsened by increased air emissions from the proposed project. The updated rules require a more comprehensive analysis of the impacts of these projects to local communities, including consideration of:
- Existing air pollution and health conditions.
- Vulnerabilities in affected communities; and
- Socioeconomic and demographic indicators.
MassDEP has developed guidance and tools in support of the new regulations that can be used by permit applicants and environmental justice populations. These include guidance on how to conduct a cumulative impact analysis, including public outreach, assessment of existing community conditions, and analysis of cumulative impacts; a Mapping and Data Application for use in the assessment of existing community conditions; and a Massachusetts Air Toxics Risk Screening Tool (MATRiST) that can be used in the cumulative impact analysis to estimate cumulative air toxics risks from proposed projects. These resources are available online here.
MassDEP plans to review this program within two years of the effective date of the regulations, including by soliciting input and feedback from the public regarding potential updates.
The Healey-Driscoll Administration has made environmental justice central to its climate and environmental agenda. Under Governor Healey, the Massachusetts Executive Office of Energy and Environmental Affairs created the Office of Environmental Justice and Equity, led by Undersecretary María Belén Power and secured $7 million for environmental justice staffing and initiatives across agencies, including MassDEP. The Office of Environmental Justice and Equity also recently announced the state’s first Environmental Justice Strategy, which includes MassDEP’s department-specific strategy to meaningfully engage with environmental justice communities.
“The new Massachusetts air permit regulations take a bold step to protect overburdened and underserved communities in a new way, requiring consideration of cumulative impacts from environment, public health and socioeconomic conditions as part of the permitting process,” said EPA New England Regional Administrator David W. Cash. “The combination of considering cumulative impacts and enhanced community engagement to address community priorities early in the process is foundational to environmental justice. We hope that this will serve as a model for other states across the country and bring new air quality and public health improvements to Massachusetts residents.”
“For environmental justice communities and advocates, the concept of cumulative impact assessment – that some communities bear a greater collective burden than others – is fundamental. We applaud the Healey-Driscoll Administration and, in particular, the Department of Environmental Protection for moving the ball forward and incorporating cumulative impact assessment in the Commonwealth’s air permitting process,” said GreenRoots Executive Director Roseann Bongiovanni. “But we know that cumulative environmental impacts affect more than just the air we breathe; it affects our water and is reflected in the land use decisions we make. We look forward to continuing to work with the Administration to fully implement cumulative impact assessment in all aspects of the Commonwealth’s equitable protection of our environment and the health of its residents.”
“Cumulative Impact Assessments will vastly improve our ability to protect air quality by making fact-based, historically informed decisions about permitting in vulnerable communities. We applaud the Healey-Driscoll Administration and the Department of Environmental Protection for taking this first-in-the nation step to ensure cleaner air for all Massachusetts residents,” said Amy Boyd Rabin, Vice President of Policy for the Environmental League of Massachusetts.
More information on cumulative impact analysis requirements can be found on MassDEP’s website.
MassDEP’s mission is to protect and enhance the Commonwealth’s natural resources – air, water and land – to provide for the health, safety and welfare of all people, and to ensure a clean and safe environment for future generations. In carrying out this mission, MassDEP commits to address and advance environmental justice and equity for all people of the Commonwealth; to provide meaningful, inclusive opportunities for people to participate in agency decisions that affect their lives; and to ensure a diverse workforce that reflects the communities we serve.
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Clean Water Action is a national 501(c)(4) environmental organization with nearly one million members nationwide. Since our founding during the campaign to pass the landmark Clean Water Act in 1972, Clean Water Action has worked to win strong health and environmental protections by bringing issue expertise, solution-oriented thinking and people power to the table.