Projects:
Environmental
Justice Models
Client: New Jersey Department of Environmental Protection
Location: State of New Jersey
Period: 2000-2001

Lakes
Environmental
NJEE View displaying large toxic sources
This
research work started in the year 2000 and extended until December
17, 2001, the date the U.S. Court of Appeals ruled in favor of the
State of New Jersey. Further research will be needed and we expect that it will
proceed until the end of 2002.
Lakes
Environmental was hired, on a sole source basis, to develop
unique Environmental Justice solutions.
The American 1964 Civil Rights Act – Title VI mandates that
all federal fund transfers be suspended from States that discriminate
against race or ethnic groups. A lawsuit was brought against the State of New Jersey by a
minority group arguing that environmental permits was causing
disparate impacts.
A
review on previous research in the field indicated that total
Hazardous Air Pollutant (HAP) emissions were compared against
population counts, stratified by race.
It was evident that researchers were ignoring chemical
toxicity from each chemical. This
ineffective approach would result in unrealistic comparisons such as
one gram of the highly toxic dioxin being evaluated against one ton
of the less harmful carbon dioxide.
Lakes
Environmental and the New Jersey joint research goals require a
system, which can accomplish both the site-specific study and
statewide coverage within one framework of analysis.
This is due to the fact that many cases will be analyzed in
the absence of a complaint and they may appear for consideration at
any location in the state at any time.
Therefore, for a timely and consistent response to permitting
applications the Department must make many of the choices which
might, in a complaint driven system, be directed by community
concerns. These choices
include the geographic boundaries of the analytic subunits and the
type and number of stressors to be considered.
To
satisfy these goals Lakes Environmental constructed a model
that evaluates census
data and exposure data from various stressors such as air pollutants,
and hazardous sites, which are summarized at the census tract level.
These data are combined and analyzed so that a statewide race
specific ratio is determined. A
ratio of greater than 1 indicates the race (subpopulation) under
consideration may be receiving more than the average effect from the
stressors and a ratio of less than one indicates less than the
average statewide effect.

Lakes
Environmental
NJEE View displaying population distribution
Risk
assessment was conducted for thousands of sources within 1,937 census
tracts. Reviewers at the New Jersey Department of Environmental
Quality accepted that we interpolate results from smaller study
areas. They understood
the magnitude of the problem we were facing and accepted the small
inaccuracy in the system. Subsequently to conducting risk assessment
in a scale not previously achieved, we had to test the hypothesis
that discrimination was occurring statewide.
Simplifications over the tests resulted in Equation (1), which
describes the mathematical relationship among the variables evaluated
for the environmental equity determination.
(1)
Where:
| PERs |
= |
Population
Emissions Ratio for sub-population s (ethnicity) |
| R |
= |
risk |
| s |
= |
number of people
in sub-population in census tract |
| S |
= |
number of people
in sub-population in state |
| w |
= |
number of people
in census tract |
| W |
= |
number of people
in state |
One
PERs was determined for each of the 6 race or ethnicity census
categories. Each census
category is considered a sub-population.
A PERs can be considered a score whereby 1 means that
the subpopulation has exactly the same exposure as the entire
population for whatever stressor is being considered.
This approach
was so successful that the State of New Jersey has recommended a
regulation that imposes the use of our Environmental Justice
methodologies and tools for environmental permits in the state.
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