Rule Petition Was Denied On October 31 And Is Still Not Posted On DEP Website
DEP Does Not Allow Public Comment On Rule Petitions
Legislators Urged To Mandate DEP Allow Public Involvement And Set Firm Timeframes
On October 31, 2023, the Murphy DEP denied my petition for rulemaking to force DEP to regulate over 500 currently unregulated chemicals that DEP’s own science has documented in NJ drinking water. Obviously, this is an important issue and a controversial DEP decision that the public should be aware of and that the press should report on.
Equally obvious is the fact that DEP has strong interests in minimizing public awareness, as this decision belies all the DEP hype and spin about being an aggressive protector of public health and the environment. We know all about that, given the virtually daily barrage of self promoting press releases issued by DEP, most of which are transcribed by NJ’s depleted and lame media (and applauded by co-opted NJ environmental “leaders”).
So, I guess it is no surprise that DEP has done the absolute legal minimum in terms of informing the public about this horrible decision.
Over 2 months after DEP denied the petition, DEP still has not posted it on the webpage.
DEP is only required by law to publish responses to petitions for rulemaking in the NJ Register. But that is all and that is all DEP has done thus far, the legal minimum. They haven’t even complied with their own informal policy to post responses to petitions on the DEP webpage.
Probably one of the least known of and read publications in NJ is probably one of the most important and impactful to people’s health and environment.
I’m referring to the NJ Register, an esoteric and – aside from a handful of well paid corporate lawyers – little known and read legal publication for the regulatory actions of NJ State government.
In stark contrast, while I don’t have the data, I’d guess that hundreds of thousands of people are aware of, have access to, and frequent the selective information provided on the DEP website.
That’s why DEP posts all their self serving press releases on the website (and social media, where DEP has accounts and DEP Commissioner LaTourette is a prolific poster and self promoter on Twitter and Instagram.)
And that’s why DEP has invested significant resources in designing and promoting the web page and trying to make it accessible to the public. This allows DEP to frame controversial issues in their most favorable light, spin the science, and promote the DEP’s programs.
So, it’s no mystery that DEP would rely on the NJ Register as the publication vehicle for favorable news to the corporate lawyers and the bad news for the public.
On top of the foot dragging, the DEP does not allow public comments on rule petitions, which further undermines public awareness and involvement.
To fix these problems, I wrote the below letter to DEP Commissioner LaTourette and Senators Smith and Greenstein:
Dear Commissioner LaTourette –
Over 2 months after the Department denied my petition for rulemaking to require treatment of over 500 currently unregulated chemicals that DEP’s own research has documented in NJ drinking water supplies, the Department STILL has not posted the denial document on the Department’s website (see:
https://dep.nj.gov/rules/notices-of-rule-petitions/
As you know, the Department denied my petition on October 31, 2023. The denial document later was posted on December 4, 2023 in the NJ Register (see: 55 NJR 2430(a)).
As you also know, the Department does not encourage, provide for, allow, accept, and respond to public comments on petitions for rulemaking. This practice undermines democracy and public participation in regulatory policy and contradicts sound regulatory policy development as well as scientific processes, which require transparent and participatory deliberations.
Accordingly, I write today to urge your immediate attention and action to publish that denial. The public is being denied critically important information and the Department is dodging accountability for the policy decision to deny the petition.
I also write today to urge Senators Smith and Greenstein to introduce legislation to amend the NJ Administrative Procedure Act to mandate that the Department provide for, consider, and respond to public comments on petitions for rulemaking and do so within mandatory timeframes.
Bill Wolfe
Citizen