ENVIRONMENTAL JUSTICE
IMPLICATIONS OF THE
CLEAN POWER PLAN Co-Sponsored by the
Tishman Environment and Design Center at The New School &
the Building Equity and Alignment for Impact Initiative
Michelle DePass
Director, Tishman Environment and Design Center
Dean, Milano School of International Affairs, Management, and Urban Policy
Tishman Professor of Environmental Policy and Management
Agenda
12:00 pm Michelle DePass, Welcome
12:10 pm José T. Bravo, BEA Initiative
12:15 pm Nicky Sheats, Climate Change Mitigation Policy and Emissions
Reductions for Environmental Justice Communities
12:30 pm Cecilia Martinez, Justice and the Clean Power Plan: New Challenges
In The Greenhouse
12:42 pm Ana Baptista, Garbage, Power, and Environmental Justice: The Clean
Power Plan
12:54 pm Thank you and Questions
José T. Bravo
Co-Chair, BEA Initiative
Building Equity and Alignment for Impact (BEA) has
been working to increase the overall impact of the
environmental and progressive movement and
developing our multi-sector grassroots, green group,
and funder representatives to achieve the initiative’s
goals:
1.  Break down historical barriers between big green,
grassroots and funding sectors, building authentic
partnerships toward greater alignment and solidarity
2.  To support the philanthropic field to elevate a basebuilding, bottom-up collaborative approach
3.  To expand the pool of resources available to the
environment and overlapping progressive issues
4.  To shift that growing pool of available resources to
more equitability service the grassroots organizing
sector
Visit the website: www.bea4impact.org
Contact José at: [email protected]
Nicky Sheats
Director, Center for the Urban Environment at the John S. Watson Institute for
Public Policy at Thomas Edison State University
Member, New Jersey Environmental Justice Alliance
BA, Economics from Princeton University
MA, Public Policy from Harvard University
JD, Harvard Law School
PhD, Earth and Planetary Science from Harvard University
Achieving Emissions Reductions for
Environmental Justice Communities
Through Climate Change Mitigation
Policy
The Premise
Climate change
mitigation policy
should produce
emissions reductions
for EJ communities.
Nicky Sheats, Director, Center for the Urban
Environment at the John S. Watson Institute for
Public Policy at Thomas Edison State University &
Member, New Jersey Environmental Justice Alliance
More Detailed Premise
•  Guaranteed emissions reductions in and near EJ
communities; preferably with GHG co-pollutant
reductions intentionally maximized, but reductions either
way.
•  Co-pollutant of concern: fine particulate matter.
•  Power plants that affect EJ communities should reduce
emissions.
Nicky Sheats, Director, Center for the Urban
Environment at the John S. Watson Institute for
Public Policy at Thomas Edison State University &
Member, New Jersey Environmental Justice Alliance
More On Co-Pollutants
•  Fine particulate matter (PM2.5): linked to premature death
(200,000 estimated in 2005), cardiovascular disease,
pulmonary disease, lung cancer.
•  Nitrogen oxides (NOx) and sulfur dioxide (SO2): some
effects of their own but also precursors to PM (both) and
ozone (Nox).
•  Hazardous air pollutants (HAPs): cancer; neurological
disorders; and respiratory, reproductive and
developmental disorders.
Nicky Sheats, Director, Center for the Urban
Environment at the John S. Watson Institute for
Public Policy at Thomas Edison State University &
Member, New Jersey Environmental Justice Alliance
Goal and Opportunity
•  Drive down concentrations of fine particulate matter and
other GHG co-pollutants as low as possible.
•  Fine particulate matter has no lower threshold for health
benefits.
•  Makes climate change policy immediately relevant to EJ
communities.
Nicky Sheats, Director, Center for the Urban
Environment at the John S. Watson Institute for
Public Policy at Thomas Edison State University &
Member, New Jersey Environmental Justice Alliance
The Need
Investigations have found that EJ communities are
disproportionately exposed to unwanted land uses and
environmental hazards, including air pollution.
See Morello-Frosch et al. 2011;
See California EPA 2010;
Bullard et al. 2007;
Mohai and Saha 2007
Jarrett et al. 2001;
Ash et al. 2009;
Pastor et al. 2005;
Pastor et. 2004;
Houston et al. 2004;
Wernette and Nieves 1992.
Nicky Sheats, Director, Center for the Urban
Environment at the John S. Watson Institute for
Public Policy at Thomas Edison State University &
Member, New Jersey Environmental Justice Alliance
Nicky Sheats, Director, Center for the Urban
Environment at the John S. Watson Institute for
Public Policy at Thomas Edison State University &
Member, New Jersey Environmental Justice Alliance
A Preliminary Screening Method to
Estimate Cumulative Environmental
Impact
Presentation by the New Jersey Department of
Environmental Protection to the Environmental
Justice Advisory Council
December 2, 2009
Nicky Sheats, Director, Center for the Urban
Environment at the John S. Watson Institute for
Public Policy at Thomas Edison State University &
Member, New Jersey Environmental Justice Alliance
Indicators
• 
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• 
• 
• 
• 
• 
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NATA diesel (1999);
NATA cancer risk;
NJDEP benzene estimates;
Traffic (all);
Traffic (trucks);
Density of major regulated sites;
Density of known contaminated sites;
Density of dry cleaners;
Density of junkyards.
Nicky Sheats, Director, Center for the Urban
Environment at the John S. Watson Institute for
Public Policy at Thomas Edison State University &
Member, New Jersey Environmental Justice Alliance
The Problem
•  The CPP Rule allows rate averaging and trading, and so
does not mandate reductions at any specific facility;
•  In these ways it’s similar to carbon trading;
•  Both leave equity to chance and don’t guarantee
reductions in communities with the most pollution.
Note: CPP allows trading under either a rate based system
or mass based system.
Nicky Sheats, Director, Center for the Urban
Environment at the John S. Watson Institute for
Public Policy at Thomas Edison State University &
Member, New Jersey Environmental Justice Alliance
The Problem
Under the CPP and carbon trading three things can happen
to emissions and EJ communities:
•  Emissions can increase;
•  Emissions can stay the same;
•  Emissions can be reduced.
Nicky Sheats, Director, Center for the Urban
Environment at the John S. Watson Institute for
Public Policy at Thomas Edison State University &
Member, New Jersey Environmental Justice Alliance
A Solution
Plants located in and near EJ communities must reduce
emissions.
SO:
•  Identify plants in EJ communities (look at proximity
analyses);
•  Force those plants to reduce.
Nicky Sheats, Director, Center for the Urban
Environment at the John S. Watson Institute for
Public Policy at Thomas Edison State University &
Member, New Jersey Environmental Justice Alliance
Solution Issues
•  But what is an EJ community?
(> 50%; > state average)
•  Reduce by how much?
(sub-category rate; overall state rate; amount of
estimated reductions – 32%; some other fixed
percentage – 10%, 25%, 33%)
•  How can RE and EE threaten emissions reductions?
Nicky Sheats, Director, Center for the Urban
Environment at the John S. Watson Institute for
Public Policy at Thomas Edison State University &
Member, New Jersey Environmental Justice Alliance
Arguments
•  CPP should yield reductions above and beyond those
produced by other sections of the Clean Air Act;
•  Due to high levels of cumulative impacts we need to use
multiple mechanisms to reduce pollution in EJ
communities;
•  Other sections of the Clean Air Act do not protect our
communities enough.
Nicky Sheats, Director, Center for the Urban
Environment at the John S. Watson Institute for
Public Policy at Thomas Edison State University &
Member, New Jersey Environmental Justice Alliance
Another Suggestion
Establish a stakeholder group or an “EJ committee” to
advise NJDEP on definition of EJ community and which
facilities should be forced to reduce.
Nicky Sheats, Director, Center for the Urban
Environment at the John S. Watson Institute for
Public Policy at Thomas Edison State University &
Member, New Jersey Environmental Justice Alliance
Equity
•  Equity should be part of climate change mitigation policy.
•  Equity should not be left to chance or addressed later.
•  The market should not make our equity decisions.
Nicky Sheats, Director, Center for the Urban
Environment at the John S. Watson Institute for
Public Policy at Thomas Edison State University &
Member, New Jersey Environmental Justice Alliance
How important are equity and justice to you?
Challenge: make obtaining emissions reductions for EJ
communities as important as obtaining GHG
reductions.
Nicky Sheats, Director, Center for the Urban
Environment at the John S. Watson Institute for
Public Policy at Thomas Edison State University &
Member, New Jersey Environmental Justice Alliance
Nicky Sheats, Esq., Ph.D.
609-777-4351 ext. 4280
[email protected]
Nicky Sheats, Director, Center for the Urban
Environment at the John S. Watson Institute for
Public Policy at Thomas Edison State University &
Member, New Jersey Environmental Justice Alliance
Cecilia Martinez
Director of Research Programs
Center for Earth, Energy and Democracy
BA from Stanford University
PhD, Urban Planning from University of Delaware
Justice and the Clean Power Plan:
New Challenges In The Greenhouse
Environmental Justice
•  Procedural justice refers
to the fairness of decision
making. Procedural
justice is “based on a
democratic fundament in
which all affected people
have the possibility to be
informed, express their
opinions and influence
decisions.”
•  Distributive justice on the
other hand refers to the
distribution of benefits and
burdens that result from
policy or regulatory
implementation. Ideally, an
equity impact analysis to
assess the costs and
benefits across populations
and communities due to the
implementation of the rule
would be conducted.
Cecilia Martinez, Director of Research Programs
Center for Earth, Energy and Democracy
EJ Issues and Energy Efficiency
EJ Issues
•  EJ Communities and the
Low-Hanging Fruit Bias
•  Program Costs and
Potential Impacts for
Equitable Energy
Efficiency Investment
Carbon Reductionism
•  The “reduction of the
complex problems of
climate change to the
single issue of net CO2
emissions,” and “has led
to a conceptual focus on
abstract carbon that
excludes consideration of
its wider context (Moolna,
2012).
Cecilia Martinez, Director of Research Programs
Center for Earth, Energy and Democracy
Savings-Weighted Average Total Cost of
Saved Electricity by Sector
Sector
Totalcostof
SavedElectricity
(2012$/kWh)*
Program
Administrator
CostofSaved
Electricity
(2012$/kWh)
ParCcipantCostof
SavedElectricity
(2012$/kWh)
AllSectors
$0.046
$0.023
$0.022
Residen6al
$0.033
$0.019
$0.014
Commercial,
Industrialand
Agricultural
$0.055
$0.025
$0.030
$0.142
$0.134
$0.008
LowIncome
Source: Hoffman, et al., 2015
Cecilia Martinez, Director of Research Programs
Center for Earth, Energy and Democracy
EJ Issues and Energy Efficiency
•  Household versus
CommunityOriented Energy
efficiency
•  Low-income
Energy Programs
Dominated by
Rate-Payer
Assistance
•  Race is an EJ
Issue
Cecilia Martinez, Director of Research Programs
Center for Earth, Energy and Democracy
Distribution of Energy Efficiency Program
Budgets by Sector
Cecilia Martinez, Director of Research Programs
Center for Earth, Energy and Democracy
• 
Improve participation and involvement of EJ community members and
organizations in energy planning.
• 
Develop community energy plans.
• 
Address racial concerns and disparities.
• 
Adopt assessments that include benefits such as pollution reduction, health
benefits, equity enhancement (i.e., reduction in energy disparities), etc.
• 
Energy efficiency and weatherization resources should match rate-payer
assistance.
• 
Energy efficiency incentives should be divorced from carbon trading.
• 
EE incentives should match the actual costs of energy efficiency program
implementation in low-income communities.
• 
The CEIP low-income section should not be diluted under the name of state
flexibility to include sector wide benefits, which may not directly improve the
condition of low-income communities.
Cecilia Martinez, Director of Research Programs
Center for Earth, Energy and Democracy
Cecilia Martinez, Ph.D.
[email protected]
Cecilia Martinez, Director of Research Programs
Center for Earth, Energy and Democracy
Ana Baptista
Associate Director, Tishman Environment and Design Center
BA, Ecology and Evolutionary Biology from Dartmouth College
MA, Environmental Studies from Brown University
PhD, Planning from Rutgers University
Garbage, Power, and Environmental
Justice: The Clean Power Plan
Incineration & Environmental
Justice
•  Incinerators
disproportionately
impacts EJ communities
•  Produce toxic ash
•  Emit air pollution that
harms human health
•  Drains resources from
local economy
•  Discourages recycling,
reuse, composting and
zero waste
Ana Baptista, Associate Director,
Tishman Environment and Design Center
Incineration & Climate Change
Contributes to climate
change
Incinerators emit more air
pollution than coal per MWh
Incinerators release 2.5x as
much CO2 than Coal/unit of
energy produced
“Waste to Energy” =
Waste of Energy!
Ana Baptista, Associate Director,
Tishman Environment and Design Center
Incineration & Clean Power Plan
Building Block 3:
Allows states to substitute increased electricity generation from new zero- emitting RE
for reduced generation from existing coal- plants
“Only electric generation at a waste-to-energy facility that is related to the biogenic
fraction of MSW and that is added after 2012 is eligible for use in adjusting a CO2
emission rate.” (CPP)
Building Block 1:
Allowance of co-firing of biomass or biogenic waste based fuels in Electric Generating
Units (EGUs)
"U.S. coal-fired power plants could use biomass for co-firing to meet the objectives of
the Clean Power Plan—and do so while preserving jobs, infrastructure and capital
investment—biomass can provide an affordable way for the U.S. to decarbonize as
well.” (S. Glinther, Ex. Director, U.S. Industrial Pellet Association Biomass Magazine)
Ana Baptista, Associate Director,
Tishman Environment and Design Center
The Trouble with Waste
Biogenic waste is NOT the same as Solar
“Increasing demand for electricity generated from waste-to- energy facilities could
increase competition for and generation of waste stream materials…which could
work against programs promoting waste reduction.”(USEPA)
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Risks De-incentivizing Recycling, Composting, & Zero Waste Options
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BiogenicWasteisNotCarbonNeutral
• 
CarbonNeutralityLeadstoFalseAccoun6ngofCO2
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Emits more CO2/Mwh greater than fossil fuels & Air pollution
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Exacerbates Environmental Injustice
Ana Baptista, Associate Director,
Tishman Environment and Design Center
Key Questions & Caveats
“TheEPAwillrejectasqualifiedbiomassanyproposedwaste-to-energy
componentofstateplansifstatesdonotincludeinforma?onontheir
effortstostrengthenexis?ngorimplementnewwastereduc?onaswell
asreuse,recyclingandcompos?ngprograms,andmeasurestominimize
anypoten?alnega?veimpactsofwaste-to-energyopera?onsonsuch
programs”
•  Method for determining the proportion of total MWh generation
that is “biogenic”?
•  How will compliance with Waste Hierarchy be measured &
verified?
•  Will EJ concerns factor into the determination of “potential
negative impacts of WTE”?
•  How will the heterogeneity of biogenic waste & resultant
emissions, heat content be considered?
Ana Baptista, Associate Director,
Tishman Environment and Design Center
Recommendations
• 
Exclude biomass & biogenic waste
incineration from SIPs
• 
Require States conduct EJ analysis of
emissions resulting from expanded or
new waste derived electricity
generation
• 
Require mandatory waste reduction &
diversion targets
• 
Set maximum limit on biogenic energy
generation allowed for WTE facilities to
no more than 50% of the total waste
stream
• 
Prohibit inclusion of co-firing with
refuse derived fuels and biomass
feedstocks
Photo Source: Ironbound Community Corporation
Ana Baptista, Associate Director,
Tishman Environment and Design Center
Resources
• 
Global Alliance for Incinerator
Alternatives, www.no-burn.org
• 
Partnership for Policy Integrity,
www.pfpi.net
• 
Center for Climate & Energy
Solutions, www.c2es.org
• 
National Renewable Energy
Laboratory
http://maps.nrel.gov/biopoweratlas
Ana Baptista, Associate Director,
Tishman Environment and Design Center
Ana Baptista, Ph.D.
[email protected]
Ana Baptista, Associate Director,
Tishman Environment and Design Center
Thank You
and
Questions
To access the white papers, please visit the
Tishman Environment and Design Center blog at
blogs.newschool.edu/tedc