Under authority of NJSA 26:3-85 et. seq., the Essex Regional Health Commission was established by joint resolution of 14 municipalities of Essex County. The commission has conducted a local Air Pollution Control Program since 1967, funded in part under Section 105 of the Federal Clean Air Act.
In 1993 the Commission entered into an agreement with the Essex County Department of Health (ECDOH) to provide additional services as required by the County Environmental Health Act (NJSA 26:3A2-21 et. seq.). Under the terms of the agreement, the Commission personnel act as agents of both the ECDOH and the New Jersey Department of Environmental Protection (NJDEP) in conducting programs for the control of air, noise, and water pollution. All programs adhere to strict performance standards promulgated and annually monitored by the NJDEP.