Summary of the Meeting of the
National Environmental Justice
Advisory Council
A Federal Advisory Coinniittee
Omni Inner Harbor Hotel
Baltimore, Maryland
December 10 -12,1996
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• • - CONTENTS
Section • '
PREFACE
EXECUTIVE SUMMARY
CHAPTER ONE: MEETING OF THE NEJAC EXECUTIVE COUNCIL
1.0 INTRODUCTION •. 1-1
2.0 OPENING REMARKS ! 1-1
2.1 Remarks of the Chair : 1-2
2.2 Remarks of the Administrator of EPA 1-2
2.3 - Other Remarks 1-5
3.0 REPORTS OF EPA PROGRAM AND REGIONAL OFFICES ..«. 1-6
3.1 Office of Prevention, Pesticides and Toxic Substances 1-6
3.2 • Office of Water .,.- *. 1-7
3.3 Office of Air and Radiation 1-9
3.4 Office of Pesticides 1-9
3.5. EPA Region I 1-10
3.6 EPA Region II ;,,'..• '. 1-10
3.7 EPA Region III 1-10
3.8 EPA Region IV : .1-11
3.9 EPA Region V 1-11
3.10 EPA Region VI 1-11
3.11 EPA Region VII 1-11
3.12 EPA Region VIII 1-11
3:13 EPA Region IX 1-11
3.14 EPA Region X 1-12
4.0 PRESENTATIONS 1-12
4.1 EPA Reinvention Initiatives '...... : 1-12
4.2 Integrated Data for Enforcement Analysis System 1-13
4.3 Title VI of the Civil Rights Act of 1964 , 1-14
5.0 REPORTS OFTHE SUBCOMMITTEES . . . . 1-14
5.1 Enforcement Subcommittee ,... 1-14
5.2 Health and Research Subcommittee 1-15
5.3 Indigenous Peoples Subcommittee ,. 1-15
5.4 International Subcommittee 1-15
5.5 Public Participation and Accountability Subcommittee 1-15
5.6 Waste and Facility Siting Subcommittee '.- 1-16
6.0 ADMINISTRATIVE ISSUES . ... ...'.. 1-16
6.1 Review of the Bus Tour of Baltimore, Maryland 1-16
6.2 Report on the Enforcement and Compliance Assurance Roundtable 1-17
6.3 Update on the Work Group on Puerto Rico 1-17
6.4 Update on Environmental Education Grants Work Group 1-17
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7.0 SUMMARY OF PUBLIC COMMENT . 1-18
'•' '
7.1 Comments Presented on December 10,1996 1-18
•' 'i' '*;j i '". ' '" ' "
7.1.1 Michael Dorsey, The Johns Hopkins University 1-18
7.1.2 Max Weiritraub, Coalition for Justice and Environmental Education 1-19
7.1.3 Femi Adesanya, Hampton University 1-20
7.1.4 Fort Mojave Indian Tribe •; 1-21
7.1.5 Marcia Moore, Bureau of Land Management 1-21
7.1.6 Victoria Cox, Environmental Justice Working Group 1-22
7.1.7 Abraham Linpoln, Prince George's County Coalition of Civic Associations .1-23
7.1.8 Lucy Harrison, American Indian Health and Family Services 1-23
7.1.9 Conine Tooshkenig, Walpole Island First Nation 1-24
7.1.10 Jane Vass, American Indian Health and Family Services 1-24
7.2 Comments Presented on December 11,1996 1-24
7.2.1 Grace Hewell, Health Policy Group 1-24
7.2.2 Lily Lee, EPA Office of the Administrator 1-25
7.2.3 Linda Safley, Environmental Crisis Center 1-25
7.2.4( Wynella Brown and Lemona Chandler, Concerned Citizens of
*." . John F. Kennedy Senior High School 1-26
7.2.5 Shelley Davis, Farmworkers Justice Fund 1-27
7.2.6 Carl Custalow, Mattaponi Indian Reservation 1-28
7.2.7 Louise Benally and Mervyn Tilden, Sovereign Dineh Nation 1-29
7.2.8 Vemice Miller, Natural Resource Defense Council 1-30
• 7.2.9 Steven Lee, Heritage Arboretum of the Heritage Museum 1-31
7.2.10 Michael Randolph, Northwest Baltimore Corporation 1-31
7.2.11 Kery Wilkie, National Puerto Rico Coalition 1-31
7.2.12 Zulene Mayfield, Chester Residents Concerned for Quality Living 1-32
7.2.13 Julio Rodriguez, COTICAM 1-32
. 7.2,14 Nathan Phillips, National Native Youth Alliance 1-33
7.2.15 Cynthia Jennings, O.N.E./C.H.A-N.E. Incorporated 1-34
7.2.16 Frank Myrick, Spirit Lake Nation 1-34
7.2.17 Madeline Williams, National Association of Black Environmentalists 1-34
7.3 Public Comment Submitted for the Record 1-35
7.3.1 Mark Atlas, Student, Carnegie Mellon University 1-35
7.3.2 Clydia J. Cuykendall 1-35
7.3.3 Paul Jackson, Chugachmiut Environmental Protection Consortium 1-35
8.0 RESOLUTIONS '. 1-36
CHAPTER TWO: .MEETING OF THE ENFORCEMENT SUBCOMMITTEE
1.0 INTRODUCTION . 2-1
2.0 ACTIVITIES OF THE SUBCOMMITTEE • 2-1
2.1 Enforcement and Compliance Assurance Roundtable 2-1
2.2 Update on Work Groups , 2-5
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2.2.1 Worker Protection Work Group , 2-5
2.2.2 Work Group on the Policy on Supplemental Environmental Projects ....... 2-7
2.2.3 Work Group on Open Market Trading of Air Emissions 2-8
2.2.4 Work Group on the Permitting Process 2-9
3.0 ENVIRONMENTAL JUSTICE ISSUES RELATED TO ENFORCEMENT
AND COMPLIANCE ASSURANCE 2-10
3.1 State Voluntary Cleanup Programs 2-11
3.2 Diversity in the Work Force 2-13
3.3 Pollution Prevention Initiatives :....... ; 2-13
4.0 RESOLUTIONS ....... .; 2-15
CHAPTER THREE: MEETING OF THE HEALTH AND RESEARCH SUBCOMMITTEE
1.0 INTRODUCTION ; 3-1
2.0 ACTIVITIES OF THE SUBCOMMITTEE .3-1
2.1 Review of Selected Action.ltems 3-1
2.2 Future Goals of the Subcommittee 3-2
3.0 PRESENTATIONS AND REPORTS , .3-2
3.1 EPA Office of Pollution Prevention And Toxics 3-2
3.2 EPA Office of Policy, Planning, And Evaluation ,. .. 3-3
3.3 Baltimore Environmental Justice Community Partnership Pilot Project 3-4
4.0 SUMMARY OF PUBLIC DIALOGUE . .'., 3-6
4.1 John F. Rosen, Albert Einstein College 3-6
4.2 Janet A. Phoenix, National Lead Information Center , •. 3-6
4.3 Julio Rodriguez, DuPont Corporation 3-7
4.4 La Sonya Hall, National institute of Environmental Health Science 3-7
4.5 Jon Capacasa, Anacostia River Initiative 3-7
5.0 RESOLUTIONS , ..... 3-8
CHAPTER FOUR: MEETING OF THE INDIGENOUS PEOPLES SUBCOMMITTEE
1.0 INTRODUCTION ' 4-1
2.0 REMARKS , . '. ... ....;.. 4-1
3.0 ACTIVITIES OF THE SUBCOMMITTEE ..: 4-2
3.1 Review of Resolutions and Selected Action Items -.' : 4-2
3.2 Requests for Advice from the Subcommittee : 4-8
3.3 Appointment of a Tribal Elder to the Subcommittee 4-9
3.4 Preparation of Letters of Appreciation ; 4-9
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4.0 ENVIRONMENTAL JUSTICE ISSUES RELATED TO INDIGENOUS PEOPLES .... ...... ... 4-9
4 A Oklahoma Tribes and Regulatory Authority Under the Clean Water Act ........... 4-9
4.2 Chugachmiut Environmental Protection Consortium, Alaska ................... 4-10
4.3 Spirit Lake Dakotah Nation, 'North Dakota ................................. 4-10
4.4 Mattaponi Indian Tribe, Virginia ................................. ......... 4-13
4.5 Fort Mojave Indian Tribe, California .......................... : . .......... 4-13
4.6' Traditional Klickitat and Cascade Band of the Yakima Nation, Washington ....... 4-13
4.7 Walpole Island, Ontario, Canada ....... • • • • ........ , ............ ...... , . . . 4-14
5.0 PRESENTATIONS ..................... . ........ -. .......... ..... ...... .......... 4-14
5.1 American Indian Lands Environmental Support Project . ...................... 4-14
,„ , • in ' i' '' • '' ' ' "
6.0 RESOLUTIONS . ..................... ............... ... ........ , ........ . ..... 4-15
CHAPTER FIVE: MEETING OF THE INTERNATIONAL SUBCOMMITTEE
1.0 INTRODUCTION . . ............ ...... ...... . ____ ...... . ____ . . ........ ____ ...... ____ 5-1
2.0 PRESENTATIONS AND REPORTS ... ........................ . .. ...... ____ ........... 5-1
2.1 Overview of the Activities of the EPA Office of International Activities . ............ 5-1
2.1.1 Mexican Programs .............. ' ................................ 5-1
2.1.2 The Bolivian Sustainable Development Summit Meeting . ... .............. 5-3
2.1.3 The South African Program ....................................... 5-3
2.1.4 Discussion ............. ......... ...... ......................... 5-4
- . |M" i "' ' , i ; ' : ' ' 'i1 j ' ' • • ' ' '
!,' ' „ . " if" 'i , n ' i ............ ' '
2.2 Update from the EPA Office of the General Counsel ........................ '. . 5-5
1 ,„, ....... • ... ','' * ,,''/ ' i' ,il. ' ', ' •"" • , v
'si1!:,1 , ' ,' • _ ' ' • ' ' • H '' ' , ' '"','' '
2.2.1 Update on the Habitat II Conference ........ ........................ 5-5
2.2.2 The Environmental Law Program ................................... 5-5
2.2.3 Discussion .......... .......... . ........................ . . . ..... 5-5
2.3 The South African Exchange Program on Environmental Justice ................ 5-6
2.4 Update on EPA International Policy ____ . .................................. 5-7
2.5 Overview of Issues Related to the New River . . . . ........ ........ . ........... 5-9
3.0 ACTIVITIES OF THE INTERNATIONAL SUBCOMMITTEE , ...... ...... . . .......... .... 5^9
3.1 Discussion and Adoption of the Draft Mission Statement .................. ...... 5-9
3,2 Discussion of the Letter to the EPA Administrator Expressing Concern About
the BECC Process in Mexico ............................ '. ....... ,....-... 5-9'
3.3 Discussion of Miscellaneous Issues ............. ...... .............. ..... 5-10
4.0 RESOLUTIONS . . ..... .......... : ....... ', ............................ . ____ .... 5-11
CHAPTER SIX: MEETING OF THE PUBLIC PARTICIPATION AND ACCOUNTABILITY
SUBCOMMITTEE
1.0 INTRODUCTION . . .................. . ..... ............ . . ____ ..;...: ....... ....... 6-1
2.0 REMARKS ........................................ ....................... ..... 6-1
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3.0 ACTIVITIES OF THE SUBCOMMITTEE 6-2
3.1 Review of Selected Action Items .6-2
3.2. Role of the Subcommittee 6-5
3.3 Goals and Objectives for 1997 6-5
4.0 IMPROVING THE PUBLIC PARTICIPATION PROCESS 6-5
4.1 • " Model Plan for Public Participation :..... 6-7
4.2 Interaction with Communities : 6-8
4.3 Integrating Public Participation into Policies and Decision Making at the National,
Regional, and State Levels 6-9
5.0 ISSUES RELATED TO PUBLIC PARTICIPATION AND ACCOUNTABILITY 6-10
5.1 Review of the Enforcement and Compliance Assurance Roundtable Meeting ..... 6-11
5.2 Review of the EPA Grant Process '. 6-12
6.0 PRESENTATIONS 6-13
/
6.1 Environmental Justice Training for EPA's Office of Enforcement and Compliance
Assurance Personnel 6-14
6.2 Environmental Justice Activities in Baltimore ..,...' 6-15
7.0 RESOLUTIONS , 6-16
CHAPTER SEVEN: MEETING OF THE WASTE AND FACILITY SITING SUBCOMMITTEE
• 1.0 INTRODUCTION X 7-1
2.0 OPENING REMARKS .'.,., I 7-1
.3.0 PRESENTATIONS AND REPORTS 7-2
3.1 EPA Policy on Relocation 7-2
3.2 Status of the Draft National Brownfields Action Agenda 7-4
3.3 Status of EPA's Activities and Guidance Related to Siting 7-6
3.4 Report on the Petroglyph National Monument in Albuquerque, New Mexico 7-8
3.5 American Society for Testing and Materials Proposed Task Group on Brownfields . 7-10
4.0 FUTURE GOALS OF THE SUBCOMMITTEE .'-. . . . 7-10
APPENDICES
List of Members of the NEJAC
List of Participants
Public Comment Period Handouts
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PREFACE
The National Environmental Justice Advisory Council (NEJAC) is a federal advisory committee that was
established by charter on September 30,1993, to provide independent advice, consultation, and
recommendations to the Administrator of the U.S. Environmental Protection Agency (EPA) on matters related
to environmental justice. The NEJAC is made up of 25 members, and one DFO, who serve on a parent council
that has six subcommittees. Along with the NEJAC members who fill subcommittee posts, an additional 36
individuals serve on the various subcommittees. To date, NEJAC has held eight meetings in the following
locations:
Washington, D.C., May 20, 1994 ' '
• Albuquerque, New Mexico, August 3 through 5,1994 •
Hemdon, Virginia, October 25 through 27,1994
Atlanta, Georgia, January 17 and 18,1995
Arlington, Virginia, July 25 and 26,1995
• Washington, D.C., December 12 through 14,1995
• Detroit, Michigan, May 29 through 31,1996 -
• Baltimore, Maryland, December 10 through 12,1996
As a federal advisory committee, the NEJAC is bound by all requirements of the Federal Advisory Committee
Act (FACA) of October 6,1972. Those requirements include:
!'• , ,:, , 'iWill . ' •! ••' ' ' ',''"' ',.... ,
t Members must be selected and appointed by EPA
Members must attend and'participate fully in meetings of NEJAC
• Meetings must be open to the public, except as specified by the Administrator
All meetings must be announced in the Federal Register
• Public participation must be allowed at all public meetings
The public must be provided access to materials distributed during the meeting
Meeting minutes must be kept and made available to the public
A designated federal official (DFO) must be present at all meetings of the NEJAC (and its
subcommittees) ,
( M , ,,,,',' ,
NEJAC must provide independent judgment that is not influenced by special interest groups
Each subcommittee, formed to deal with a specific topic and to facilitate the conduct of the business of
NEJAC, has a DFO and is bound by the requirements of FACA. Subcommittees of the NEJAC meet
independently of the full NEJAC and present their findings to the NEJAC for review. Subcommittees cannot
make' recommendation^ independently to EPA. In addition to the six subcommittees, NEJAC has established a
Protocol Committee, the members of which are the chair of NEJAC and the chairs of each subcommittee.
Members of the NEJAC are presented in the table on the following page. A list of the-members of each
of the six subcommittees are presented in the appropriate chapters of the report.
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NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
MEMBERS OF THE EXECUTIVE COUNCIL
(1996-1997) . • '
Designated Federal Official:
Ms. Clarice Gaylord
Director, EPA Office of Environmental Justice
General Members
Ms. Leslie Ann Beckhoff
Ms. Christine Benally
Mr. John Borum
Ms. Dollie Burwell
Mr. Luke Cole
Ms. Mary English
Ms. Deeohn Ferris
Ms. Rosa Franklin
Ms. Jean Gamache
Mr. Arnoldo Garcia
Mr. Graver Hankins
Ms. Dolores Herrera
Chair of NEJAC:
Mr. Richard Moore
Mr. James Hill
Mr. Lawrence Hurst
Ms. Lillian Kawasaki
Mr. Richard Lazarus
Mr. Charles Lee
Mr. Gerald Prout
Ms. Rosa Hilda Ramos
Mr. Arthur Ray
Ms. Peggy Saika
Mr. Haywood Turrentine
Mr. Baldemar Velasquez
Ms. Margaret Williams
EPA's Office of Environmental Justice (OEJ) maintains transcripts, summary reports, and other material
distributed during the meetings. Those documents are available to the public upon request.
Comments or questions can be directed to OEJ through the Internet. OEJ's Internet E-mail address is:
environmental-justice-epa@epamail.epa.gov.
Executive Summaries of the reports of the NEJAC meetings are available on the Internet at the NEJAC's World
Wide Web home page:
http9:/www.prcemi.com/nejac.
11
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National Environmental Justice Advisory Council
Executive Summary
EXECUTIVE SUMMARY
INTRODUCTION
Exhibit ES-1
This executive summary provides highlights of the
eighth meeting of the National Environmental
Justice Advisory Council (NEJAC), held
December 10 through 12, 1996 in Baltimore,
Maryland. The Executive Council of the NEJAC
met |uring portions of December 10,11, and 12,
199§. Each of t he six NEJAC subcommittees
met for a full day on December 10, 1996 and
continued deliberations through the morning of
December 11,1996. Approximately 300 persons
' attended the meetings. The NEJAC hosted public
comment periods on December 10 and 11,1996.
The NEJAC is a federal advisory committee that
was established by charter on September 30,
1993 to provide independent advice, consultation,
and recommendations to the Administrator of the
U.S. Environmental protection Agency (EPA) on
matters related to environmental justice. Mr.
Richard Moore, Southwest Network for
Environmental and Economic Justice, serves as
the chair of the Executive Council. Ms. Clarice
Qaylord, EPA Office of Environmental Justice
(OEJ), serves as the Designated Federal Official .
(DFO) for the council. Exhibit ES-1 lists the
persons who chair the six NEJAC subcommittees
and trie EPA staff appointed to serve as DFOs for
the subcommittees.
f
To date, NEJAC has held eight meetings. OEJ
maintains public transcripts and summary reports
of the proceedings of the meetings. Those
documents are available to the public upon
request. The public also can access the
executive summaries of the reports of previous
meetings through the Internet at
http://www.prcemi. com/nejac.
OVERVIEW
Mr. Moore opened the meeting by asking
members to reflect pn past successes of the
environmental justice movement, but reminded
them that communities still face great struggles
with racism and discrimination. Rather than
arouse feelings of sorrow and sadness, these
realities should strengthen our resolve to be
committed to our responsibilities, he continued.
NEJAC is committed to bringing parties together
NEJAC CHAIRS AND DFOs
"Executive Council
Mr. Richard Moore, Chair
Ms. Clarice Gaylord, DFO
Enforcement Subcommittee
Ms. Deeohn Ferris, Chair
Ms. Sherry Milan, DFO
Health and Research Subcommittee
Ms. Mary English, Chair
Mr. Lawrence Martin, co-DFO
Ms. Carol Christensen, £O-DFO
Indigenous Peoples Subcommittee
Vacant, Chair
Ms. Elizabeth Bell, DFO
International Subcommittee
Mr. Baldemar Velasquez, Chan-
Ms. Dona Canales, DFO
Public Participation and
Accountability Subcommittee
Ms. Peggy Saika, Chair
Mr. Robert Knox, DFO
Waste and Facility Siting Subcommittee
Mr. Charles Lee, Chair
. Mr. Kent Benjamin, DFO
to have open and honest dialogue that at times
may be confrontational, Mr. Moore added. He
urged the participants to think seriously about the
commitment of government agencies to
environmental justice, adding that the federal
government should be accountable for
addressing environmental injustices.
Ms. Carol Browner, EPA Administrator, expressed
the continued commitment of the Clinton
Administration to environmental justice and urged
members of the NEJAC to continue their "bold
approach" in calling issues to the attention of EPA
or informing EPA of a better way to conduct its
business. The letter sent by President Clinton to
the participants is reproduced in Exhibit ES-2.
Baltimore, Maryland, December 10 through 12,1996
ES-1
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Executive Summary
National Environmental Justice Advisory Council
ES-2
THE WHITE HOUSE
WAKHllsCrTON
December 9, 1996
Warm greetings to everyone gatiiexed in Baltimore, Maryland,
for the eighth meeting of the National Environmental Justice
Advisory Council. Since NSJAC's fl-ruL meeting in May of 1594,
you have provided invaluable contributions to our efforts to
promote environmental justice for all our
As you well know, low- income and minority communities have
been asked to bear a disproportionate share of the pollution
burden in America.. My Administration is committed to tsnoucing
that these communities .have adequate environmental protection,
and in the past four years, we have made significant progress.
On February 11, 1994, I issued Executive order Number 12898
to address this vital issue. Among other measures/ the order
created an Interagency Workgroup on Environmental Justice and
requires that all !*7G merrber agencies incorporate environmental
justice in their decision-making, . Through the iwy, these federal
agencies have made a commitment that, when developing and
implementing federal projects and activities/ they will consider
the cultural values of natural resources as seriously as
environmental values. And the IWG's Research and Health Task
Force is now a permanent interagency advisory body that promotes
the environmental health of minority and low-income communities.
I am pleased that the members of NSJAC have met with the. various
agencies, and I hope that your valuable dialogue continues.
These .and other accomplishments are only a beginning. I
remain strongly committed to making progress in environmental
justice in the next four years, and I look forward to working
w-ii-.h you to ensure that all Americans, regardless of race or
income, live in safe and healthy communities.
Best wishes for a productive meeting. -:
ES-2
Baltimore, Maryland, December 10 through 12,1996
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National Environmental Justice Advisory Council
Executive Summary
Ms. Browner then highlighted several specific
accomplishments of EPA related to environmental
justice, including:
• Award of more than 500 environmental
justice grants, totaling $1 million
• Cleanup of more Superfund sites during the
past four years than had been accomplished
during the preceding 12 years, achieved
through maintenance of strong partnerships
With community groups
" • Cleanup of brownfields sites and the
concurrent creation of jobs in brownfields
communities
• Expansion of activities conducted to meet the
provisions of community right-to-know
legislation
Ms. Browner also commented that she is satisfied
with tfie Agency's policy on relocation, as well as
the decision to relocate residents living near two
Superfund sites in Pensacola, Florida.
"1"1"'1'' ' ' " ' '"!'!!'', ' ''•„• ' ' '
The Executive Council of the NEJAC also elected
replacements for the departing chairs of the
Health and Research and the Indigenous Peoples
subcommittees.
The NEJAG hosted public comment periods on
December 10 and 11,1996. More than 40 people
participated in the two public comment periods.
In addition, three individuals and organizations
submitted written comments that were read into
the record. Issues discussed during the two
public comment periods included concerns about
the EPA grant review process, identification of
several environmental justice cases related to
Indigenous peoples and the siting of facilities,
identification of transborder issues related to
indigenous peoples, and concerns about the
status of environmental justice activities related to
sites in Puerto Rico.
The Executive Council also heard presentations
made by representatives of various EPA program
offices, including the Office of Prevention,
Pesticides and Toxic Substances, the Office of
Water, the Office of Air and Radiation, and the
Office of Pesticides. A representative of each
EPA regional office also updated the members of
the NEJAC about the status of activities and
polices related to environmental justice in the
EPA regional offices.
COMMON THEMES
During the meetings of the Executive Council and
the subcommittees, the members of the NEJAC
, discussed a wide range of issues related to
environmental justice. Specific concerns raised
included: .
Improving the . participation of local
communities in the planning of NEJAC
meetings and the site tours that have become
a part of the NEJAC meeting
• Incorporating multicultural perspectives and
environmental justice considerations in the
award of grants by EPA
Enhancing the structure of NEJAC to more
fully integrate efforts to address
environmental justice issues across
subcommittees
• Addressing the lack of guidance on
integrating environmental justice into the
environmentalimpact statement (EIS)
process conducted to meet the provision of
the National Environmental Policy Act (N EPA)
Members of the NEJAC expressed concern that
local communities in .which the NEJAC meets are
not included in planning meetings of the NEJAC,
including the development of the local site tour.
In general, members expressed frustration that
representatives of local citizens and community
organizations do not participate in the public
comment periods, pointing out that the issues of
the local community should help to shape the
focus of the meeting. Members of the NEJAC
pointed to the site tour conducted at the '
Enforcement and Compliance Assurance
Roundtable Meeting in October 1996 in San
Antonio, Texas as a good example of community
involvement and participation in the planning
process.
Members of the NEJAC continued to express
concern about issues related to incorporating
multicultural perspectives and concerns about
environmental justice into EPA's various grant
programs. To address those concerns, the
NEJAC formed the Environmental Education
Grants Work Group at the May 1996 meeting of
the NEJAC. The Work Group, which has been
tasked to conduct an across-the-board review of
EPA grants, will be chaired by Ms. Deeohn Ferris,
Washington Office on Environmental Justice and
Baltimore, Maryland, December 10 through 12, 1996
ES-3
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Executive Summary
Hationai Environmental Justice Advisory Council
chair of the Enforcement Subcommittee of the
NEJAC. The goal of the work group is to develop
a set of criteria that will assist EPA in awarding
grants. , ,
Members suggested that the agenda of the
NEJAC should reflect an integrated approach
toward addressing broad-based issues such as
the children's health initiative, EPA's Brownfields
Initiative, the urban initiative, and proposed rules
on air quality. The members recommended that
to avoid fragmentation of how the Council
approaches environmental justice issues, the
NEJAC should develop a strategy that integrates
the issues brought before it.
Mernbers also stressed the importance for the
Whfte House Council on Environmental Quality to
issue guidelines for incorporating considerations
of environmental justice into the NEPA process.
Members of the NEJAC commented that many
problems that arise when concerns related to
environmental justice are not considered in the
preparation of EiSs could be avoided or mitigated.
Several cases were presented to the NEJAC
which illustrate this concern. The cases include
the proposed pipeline at Spirit Lake affecting the!
Spirit Lake Nation in North Dakota and the
proposed pumping station and reservoir affecting
the Mattaponi Indian Reservation in central
Virginia.
SUMMARIES
OF THE
SUBCOMMITTEE MEETINGS
Summarized below are the deliberations of
members during the meetings of the six
subcommittees of the NEJAC.
Enforcement Subcommittee
The Enforcement Subcommittee discussed the
activities of its work groups and reviewed
activities related to the regional Enforcement and
Compliance Assurance Roundtable Meeting, held
October 17 through 19, 1996 in San Antonio,
Texas. The subcommittee also discussed issues
related to enforcement and compliance
assurance, including state voluntary cleanup
programs, diversity in the workforce, and EPA's
environmental justice targeting initiatives related
to federal facilities.
The status of each work group was reported as
follows: '
• The Worker Protection Work Group has
coordinated its efforts with those of the
International Subcommittee of the NEJAC to
develop recommendations to EPA on issues
related training, enforcement, and the
' encouragement of a transboundary focus in
enforcement of the Worker Protection
Standard.
• The Open Market Trading of Air Emissions
Credits Work Group addressed the broad
issues related to air permits, EPA's air toxics
program, and the trading of air emissions
credits. In addition, the work group agreed to
develop for the consideration of the NEJAC
recommendations related to the proposed
rule PM-10 on emissions of paniculate
matter.
• The Work Group on Permitting issued a
resolution to adopt the memorandum,
Integrating Environmental Justice into EPA's
Permitting Authority, for consideration by the
NEJAC. The memorandum is intended to
encourage EPA to examine ways to address
. environmental justice issues under various
legal statutes.
• The Work Group on the Policy on
Supplemental Environmental Projects (SEP)
is considering making recommendations to
EPA for better using SEPs and involving
communities in making decisions about those
projects.
The subcommittee reviewed the planning process
for, and activities related to, the regional
Enforcement and Compliance Assurance
Roundtable meeting. Members reported that one
lesson learned by the task force responsible for
planning the meeting was that, .if local
communities are to be encouraged to participate
in the meeting, they should be involved early in
the planning process. The subcommittee agreed
to reestablish the task force to review the
summary report of the October 1996 roundtable
meeting, explore recommendations for improving
planning processes, and identify an appropriate
location for the next roundtable meeting.
The subcommittee also forwarded for the
consideration of the NEJAC a resolution that
£5-4
Baltimore, Maryland, December 10 through 12,1996
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National Environmental Justice Advisory Council
Executive Summary
advises EPA to interpret Title VI of the Civil Rights
Act of 1964 in a manner designed to strengthen
the protection of civil and environmental rights by
fulfilling the constitutional mandate of equal
protection under the law.
Health and Research Subcommittee
Much of the discussion of the Health and
Research Subcommittee centered on identifying
target areas for the future activities of the
subcommittee. Members agreed to work with
EPA on risk assessment initiatives in the following
areas:
• Development of standard definitions of terms
used in risk assessments
• *
• Identification of topis needed to conduct risk
assessments in the community
*
• Identification of tools available from EPA
*• , ... ' •
• Working more effectively with communities to
help them use the tools available
In addition, the subcommittee formed three work
groups to investigate specific initiatives. The"
three work groups are:
• Work Group on EPA's Toxics Agenda
• ,
• Work Group on Children at Risk in the
•Environme,nt (Lead and Asthma)
• Work Group on Community-Based Risk Tools
The subcommittee also heard presentations on
EPA's toxics agenda and EPA's project to
address the effects of cumulative exposure on
communities, as well as a briefing on the
Baltimore Environmental Justice Community
Partnership Pilot Project.
The subcommittee also, provided an opportunity
for members of the audience to comment on
issues related to health and research. Issues
presented to the subcommittee include universal
lead screening for ali children; environmental
health problems in Puerto Rico; and
environmental health concerns related to
subsistence-level living near the Anacostia River
In the District of Columbia.
,,!"', ' . " • • ""'
Members of the subcommittee also drafted
several resolutions calling for interagency
partnerships to address the issue of lead
poisoning in children and increased funding to
support the work of the National Institute of
Environmental Health Science (NIEHS) related to
fostering communication among health
researchers, health care providers, and
community residents affected by environmental
health hazards.
Indigenous Peoples Subcommittee
The deliberations of the Indigenous Peoples
Subcommittee focused on a number of
environmental justice cases related to indigenous
peoples. The members of the subcommittee also
reviewed resolutions and selected action items
that had been identified during the December
1995 and the May 1996 meetings of trie
subcommittee.
The environmental justice cases discussed by the
subcommittee included: - ,
• The status of Oklahoma tribes with regard to
regulatory authority under the Clean Water
Act
• The concern of the Chugachmiut
Environmental Protection Consortium about
cumulative effects of wastes discharged into
the Upper Cook Inlet in Alaska
• The opposition of Spirit Lake Nation to the
construction of a pipeline from Spirit Lake to
the Sheyenne River in North Dakota
• The opposition of the Mattaponi Indian Tribe
to the construction of a pumping station and
reservoir in Virginia
• The opposition of the Fort Mojave Indian
Tribe to the construction of a low-level
radioactive waste facility near Ward Valley,
California .
• The concern of the Traditional Klickitat and
Cascade Band of Yakima about discharge of
waste into the Columbia River, Washington
• The opposition of Walpple Island First Nation
of Ontario, Canada to the discharge by a
chemical company of toxic waste into the St.
Clair River
After discussing the cases, the subcommittee
forwarded resolutions to the NEJAC calling for
Baltimore, Maryland, December 10 through 12, 1996
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Executive Summary
National Environmental Justice Advisory Council
EPA to address the specific concerns pertinent to
each case.
Members also expressed concern that the
Indigenous Peoples Subcommittee no longer
counted a tribal elder among its members.
Describing the significant role the tribal elder
plays in the Native American culture, the
subcommittee forwarded to the NEJAC a
resolution requesting the appointment of a tribal
elder to the subcommittee.
International Subcommittee
Much of the meeting of the International
Subcommittee was devoted to presentations and
updates on various international conferences and
EPA programs related to international
environmental justice issues. Discussions
focused on updates on EPA's Mexican programs;
Bolivia Hemispheric Conference on Sustainable
Development held in Santa Cruz, Bolivia; the
Habitat II Conference held in Istanbul, Turkey;
EPA's South African program; the environmental
law program of the United Nations Environmental
Programme; and the South African Exchange
Program on Environmental Justice.
Staff of EPA's Office of International Activities
(OIA) also updated the members of the
subcommittee on EPA's policy on international
activities. Members of the subcommittee voiced
concern that the term "environmental justice" is
not used in'the international forum because of
misunderstandings or misconceptions about the
issue. The subcommittee urged OIA to use the
report, "Environmental Performance Reviews -
United States" to define the term "environmental
justice" to the international community.
The International Subcommittee adopted a
mission statement that outlines the charge of the
subcommittee. The statement pledges the
subcommittee " to examine arid make
recommendations about international issues that
affect human health and the environment in a
global context.'
Other activities of the subcommittee included
discussions about the status of the letter to the
EPA Administrator expressing concern about the
lack of public participation in the Border
Environment Cooperation Commission (BECC)
and the proposal to host a roundtable discussion
of international issues.
Public Participation and Accountability
Subcommittee
The deliberations of the Public Participation and
Accountability Subcommittee focused on
improving public participation by developing
strategies to distribute the NEJAC's model plan
for public participation; promoting the plan's
integration into EPA activities; improving the
NEJAC's interaction with communities; and
integrating public participation in policy
development and decision making at national,
state, and local levels. The subcommittee also
discussed various environmental justice issues
related to public participation, such as those
related to the Enforcement and Compliance
Assurance Roundtable meeting and the review of
the EPA grant process. The subcommittee also
reviewed the successful effort to integrate the
Model Plan for Public Participation developed by
the subcommittee. OEJ has received many
requests for copies of the plan from other federal
agencies and associations.
The activities of the subcommittee included
review of the action items agreed upon at the May
and September 1996 meetings of the
subcommittee and discussion of the role of the
subcommittee within the NEJAC. The
subcommittee forwarded a resolution to_ the
NEJAC calling for the establishment of a joint
meeting with representatives of the other NEJAC
subcommittees to discuss issues related to public
participation. The subcommittee also identified
goals and objectives for 1997 which include,
develop methods for distributing and evaluating
the Model Plan and establishing procedures to
ensure accountability of the NEJAC.
The subcommittee also heard presentations on
training in environmental justice for personnel of
EPA's Office of Enforcement and Compliance
Assurance as well as activities of the Baltimore,
Maryland Environmental Justice Community
Partnership Pilot Project.
Waste and Facility Siting Subcommittee
The Waste and Facility Siting Subcommittee of
the NEJAC heard a number of presentations from
EPA on such policies as relocation, the
Brownfields Action Agenda, and guidance related
to siting issues. The subcommittee believes it
has been instrumental in helping EPA to view
issues related to environmental justice in a new
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National Environmentaijustice Advisory Council
Executive Summary
way through such activities as the community
relocation roundtable meeting held in Pensacola,
Florida in May 1996 and the hosting of public
dialogues on Brownfields in 1995. The report on
the public dialogues on urban revitalization and
farownflelds is available on EPA's brownfields
home page on the Internet.
Members of the subcommittee discussed issues
they believe EPA should investigate, including
• Determining the role of local government
agencies during the relocation process
• Preserving the integrity of communities during
the relocation process
• Considering the desired outcomes and
overall objectives of each relocation effort
• Identifying situations in which residents may
or may not wish to be relocated
Members also reminded EPA to include tribal
issues among efforts conducted under the
Brownfields Initiative. In addition, members
expressed concern about an emphasis on "urban"
areas, because the term "urban" takes on a
different meaning on tribal lands.
Members of the subcommittee discussed the
complexity of issues involved in the siting of
facilities. Siting issues discussed are:
• The existence of social as well as technical
issues that must be addressed during the
decision-making process
• The need for better understanding of the
"bottom-up, community involvement
paradigm" because the community's
perspective on community involvement and
oorjimunrty-based planning differs from that of
a federal agency
• The need to address such issues as
cumulative risk and disproportionate burdens
through a coordinated approach among
agencies, with the recognition that those
issues never have a "purely urban" context
• The need for a process that goes beyond
discussions at NEJAC meetings to address
siting issues
• The need for a series of facility siting
roundtable meetings, similar to the relocation
roundtable meeting, with the subcommittee
encouraging appropriate people to participate
The subcommittee also heard a report on the
Petroglyph National Monument in Albuquerque,
New Mexico, considered by the Pueblo Indians a
sacred religious site. Members of the
subcommittee agreed to track the issues that
affect the case, including plans by the city of
Albuquerque to construct two commuter highways
through the monument. In addition, the
subcommittee heard a presentation on
Brownfields by the American Society for Testing
and Materials Proposed Task Group.
The subcommittee also discussed its future focus
and identified several areas that might warrant
investigation. Those areas include hosting a
series of public hearings on the EPA rule on
revisions to standards for paniculate matter and
ozone levels; reviewing issues associated with
the development of community impact
statements; seeking consistency in the way in
which EPA initiatives are carried out;
recommending that regulations that govern the
permitting process be revised to mandate public
notification; becoming involved in the Superfund
reauthorization process; and developing a check
list of cleanup actions that are needed at the nine
Superfund sites in Puerto Rico.
CONCLUSION
The next meeting of the NEJAC will take place at
in Indian Country in May 1997. Activities will
include a site tour of the local community and two
opportunities for the public to offer comment.
Baltimore, Maryland, December 10 through 12,1996
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MEETING SUMMARY
of the
NEJAC EXECUTIVE COUNCIL
of the
NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
December 10 through 12,1996
Baltimore, Maryland
Meeting Summary Accepted By:
Clarice Gaylord
Designated Federal Official
Richard Moore
Chair
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NEJAC Executive Council
CHAPTER ONE
MEETING OF THE
NEJAC EXECUTIVE COUNCIL
1,0 INTRODUCTION
The eighth meeting of the Executive Council of the
National Environmental Justice Advisory Council
(NEJAC) took place on December 10 through 12,
1996 in Baltimore, Maryland. On December 10
and 11, each member of the Executive Council
participated in the deliberations of one of the six
subcommittees of the NEJAC. Mr. Richard Moore,
Southwest Network for Environmental and
Economic Justice, continues to serve as the chair
of the Executive Council. Ms. Clarice Gaylord,
U.S. Environmental Protection Agency (EPA)
Office of Environmental Justice (OEJ), continues
to serve as the' designated federal official (DFO)
for the Executive Council. Exhibit 1-1 presents a
list of members who were present and identifies
those who were unable to attend the meeting.
Approximately 300 people attended the meetings.
The Executive Council, hereafter referred to as the
NEJAC, hosted public comment periods on
December 10 and 11, 1996. A total of
approximately 40 people participated in the public
comment periods^
This chapter, which presents a detailed discussion
of the deliberations of the NEJAC, contains eight
sections, including this Introduction. Section 2.0,
Opening Remarks, presents summaries of the
remarks offered by various speakers. Section 3.0,
Reports from EPA Program and Regional Offices,
sets forth summaries of the remarks of
representatives of selected EPA program and
regional offices. Section 4.0, Presentations,
provides summaries of presentations made to the
NEJAC on various topics.
In addition, Section 5.0, Reports of the
Subcommittees, summarizes reports submitted
about the activities of each, subcommittee. Section
6.0, Administrative Issues, focuses on several
topics related to administrative issues of the
NEJAC. Section 7.0, Summary of Public
Comment, presents a summary of the comments
submitted during public comment periods on
December 10 and 11, 1996. Section 8,0,
Resolutions, summarizes the resolutions approved
by the NEJAC.
2.0 OPENING REMARKS
This section summarizes the remarks of the chair
Exhibit 1-1
NATIONAL ENVIRONMENTAL JUSTICE
ADVISORY COUNCIL
List of Members
Who Attended the Meeting
December 10 through 12,1996
Mr. Richard Moore, Chair*
Ms. Clarice Gaylord, DFO
Ms. Leslie Beckoff*
Ms. Christine Benally *
Mr. Luke Cole
.Ms. Mary English {
Ms. Deeohn Ferris
Mr. Grover Hankins *
Ms. Dolores Herrera
Mr. James Hill
Mr. Lawrence Hurst
Ms. Lillian Kawasaki**
Mr. Richard Lazarus
Mr. Charles Lee
Mr. Gerald Prout *
Ms. Rosa Hilda Ramos
Mr. Arthur Ray
Ms. Peggy Saika
Mr. Haywood Turrentine
Mr. Baldemar Velasquez *
List of Members
Who Were Unable to Attend
Mr. John Borum
Ms. Dollie Burwell
Ms. Rosa Franklin
Ms. Jean Gamache
Mr. Arnoldo Garcia"
Ms. Margaret Williams
* Attended December 10 and 11, 1996 only
**Attended December 10 only
% Attended December 11 and 12, 1996 only
of the NEJAC, the Administrator of EPA, and a
representative of the Maryland Department of the
Environment (MDE).
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NEJA.C Executive Council
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Preliminary Draft: February 1, 1997
2.1 Remarks of the Chair
Mr. Moore asked the members to reflect
momentarily on past successes, both those of the
organizations represented by members of the
NEJAC and those of the environmental justice
movement. Commenting that such successes
would not have been possible without the people
involved in the environmental justice movement,
Mr. Moore explained that the NEJAC exists
because of the "environment of economic justice
or injustice." The fact that unpleasantries have
labels linking such terms as "racism" to
"environmentalism" and "extortion" to "economics"
does hot mean that the concepts are not alive and
well, he continued, noting that observers have
said, "If only you wouldn't call it environmental
racism, you would have more support." However,
those labels accurately depict the situations under
which people live and work, Mr. Moore said.
Mr. Moore stated that communities are faced with
the rise of old struggles that perpetuate racism and
discrimination. When, we hear of the hardships
endured by the Asian and Pacific Islander
immigrants in sweatshops or the indignities
suffered by the Laotian communities working in the
garment industry, it should be a constant reminder
that our work is not over, he explained. Rather
than arouse feelings of sorrow and sadness, these
realities should strengthen our resolve to be
committed to our responsibilities, he pointed out.
NEJAC is committed to bringing parties together to
have open and honest dialogue that at times may
be confrontational, he added. Our goal is to build
a just society for all people to live in, he said, but
that goal cannot be attained without continued
dialogue that produces solutions to problems. He
urged the participants to think seriously about the
commitment of government agencies to
environmental justice, adding that the federal
government should be accountable for addressing
environmental injustices.
Mr. Moore called the NEJAC one of the hardest
working federal advisory committees. However,
the NEJAC should review its processes because,
while it is good to be busy, it is better to produce
results, he observed in conclusion.
2.2 Remarks of the Administrator of EPA
Ms. Carol Browner, EPA Administrator, stressed
the need for EPA to receive the views of the
members of the NEJAC and the communities they
represent. She acknowledged the challenge
inherent in bringing together diverse groups.
Ms. Browner remarked that, with a second term in
office, the Clinton administration has been given a
rare opportunity to build and permanently secure
a position for programs begun during its first four
years. She then introduced a letter from President
Clinton in which he expressed his personal
commitment to environmental justice. Today's
accomplishments are only the beginning, the letter
continued, concluding with the statement that we
must remain vigilant in our efforts if we are to
continue moving forward. Ms. Browner stated that
such momentum also must include coordinating
activities among federal agencies in an effort to
respond to the concerns of citizens. The letter is
reproduced in Exhibit 1-2.
Seven or eight years ago, no forum like NEJAC
was available through which citizens could offer
advice to EPA, remarked Ms. Browner. Without
the dialogue the NEJAC sustains, she said, many
of the achievements could not have been
accomplished. Ms. Browner stated that she also
understands that it is a responsibility of the NEJAC
to hold the agency accountable for follow-up on its
actions. She urged members to continue their
"bold approach" to calling problems to the attention
of EPA or informing EPA of a better way to
conduct its business.
Ms. Browner then highlighted several specific
accomplishments of EPA, including:
Award of more than 500 environmental justice
grants, totaling $1 million
• Cleanup of more Superfund sites during past
the four years than had been accomplished
during the preceding 12 years, accomplished
through maintenance of strong partnerships
with community groups
• Cleanup of brownfields sites and the
concurrent creation of jobs in brownfields
communities
Expansion of activities conducted to meet the
• provisions of community right-to-know
legislation, such as doubling the number of
chemicals about which the public can obtain
information; requiring homeowners and
landlords to disclose the presence of lead
paint in dwellings being sold or rented;
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Baltimore, Maryland, December 10 through 12, 1996
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National Environmental Justice Advisory Council
AflrJAC Executive Council
Exhibit 1-2
THE WHITS HOUSE
WASHINGTON
December 9, 1996
Warm greetings to everyone gaLiiexed in Baltimore, Maryland,
for the eighth meeting of the National Environmental Justice
Advisory Council. Since NEJAC's fix-at meeting in May of 1994,
you have provided invaluable' contributions to our efforts to
promote environmenral justice for .all our people.
As you well know, low-income and minority communities have
been asked to bear a disproportionate share of the- pollution
burden in America. My Administration is committed to eiiuuring
that these communities have adequate environmental protection,
and in the past four years, we have made significant progress..
On .February 11, 1994, I issued Executive Order Number 12898
to address this vital issue. Among other measures, the order
created an Interagency Workgroup,on Environmental Jusrice-and
retires that all IWG metrber agencies incorporate environmental
justice iii their decision-making. Through the iww, these federal
agencies have made a commitment that, when developing and
implementing federal projects and activities, they will consider
the cultural values of natural resources as seriously as
environmental values. And the IWG's Research anid Health Task
Force is now a permanent interagency advisory body that promotes
the environmental health of minority and low-income communities.
I am pleased that the members of NBJAC have met with the various
agencies, and I hope that your valuable dialogue .continues.
These and other accomplishments are only a beginning. I
remain strongly committed to making progress in environmental
justice in the next four years, and I look forward to working
w-it-.h you to ensure that all Americans, regardless of race or
income, live in safe and healthy communities.
Best wishes for a productive meeting. •
Baltimore, Maryland, December 10 through 12,1996
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NEJAC Executive Council
National Environmental Justice Advisory Council
Preliminary Draft: February 1,1997
• Expansion of activities conducted to meet the
provisions of community right-to-know
legislation, such as doubling the number of
chemicals about which the public can obtain
information; requiring homeowners and
landlords to disclose the presence of lead
paint in dwellings being sold or rented;
requiring providers of drinking water to notify
Consumers of contaminants present in the
source water; and improving the availability of
information about the products, pesticides,
fungicides, or herbicides that may have been
applied to a particular food crop.
Ms. Browner declared that the road ahead is
paved with even greater challenges than the ones
overcame in "the preceding four years. Not the
least of those challenges, she said, is the fight
over the new budget. Another key issue on the
horizon is the proposal to strengthen two national
air quality standards, Ms. Browner added.
In closing, Ms. Browner commented that she is
very satisfied with the agency's policy on
relocation, and particulary with its decision to
relocate the residents living near two Superfund
sites in Pensacqla, Florida. She emphasized the
need to work to continue the development of the
policy. Ms. Browner also recognized the
obligation to honor ongoing commitments on such
topics as the backlog of complaints filed under
Title VI of the Civil Rights Act of 1964. She
acknowledged the agency's poor record of
responding to such claims and stated that a copy
of the agency's plan for improving its response
will be provided to the NEJAC.
Following is a summary of the dialogue between
Ms. Browner and the members of the NEJAC that
took place during the question-and-answer
periodl
Mr. Charles Lee, United Church of Christ
Commission for Racial. Justice, a§ked what the
agency intended to do about the "apparent
disconnect" between EPA and other federal
agencies regarding actions being carried out that
are not those to which the President has
committed such agencies. Ms. Browner
acknowledged that several federal agencies have
failed to meet the requirements of the Executjve
order on environmental justice. She explained
that their failure stemmed more from a lack of
experience in addressing environmental justice
issues than from any shortcoming of the White
House or EPA. Ms. Browner solicited guidance
from the NEJAC on bringing other federal
agencies "up to speed" on environmental justice
issues, as well as advice about integrating
environmental justice into day-to-day operations.
Ms. Dolores Herrera, Albuquerque/San Jose
Community Awareness, commented that the
issue is "more a matter of coherence than
anything else." She explained that there is need
of a means of providing agencies with a
framework that ensures a consistent response
from those agencies. Ms. Browner agreed,
remarking that other agencies often forward
questions about environmental justice to EPA.
That action, she pointed out, is not the
appropriate response. She added that efforts are
underway to encourage agencies to become
more involved in environmental justice issues.
Ms. Browner pointed to the partnership between
EPA and the U.S. Department of Housing and
Urban Development (HUD) under which the
relocation of the Pensacola residents was agreed
upon as an example of successful efforts.
Ms. Herrera suggested that the President take a
firm stance with federal employees when they fail
to implement the Executive order. Ms. Browner
responded that we must all be patient. She
suggested that education might be a better
option.
Ms. Christine Benally, Dine CARE, recommended
that the question of whether to dissolve the
Indigenous1 Peoples Subcommittee be
reconsidered. She also asked that indigenous
peoples be given a greater opportunity to take
responsibility for the protection of their
environment, Many tribes have developed their
own environmental laws, she said. However,
while they have funds to provide training and
education, they lack the ability to enforce the
laws, she explained. Ms. Browner responded that
she was unfamiliar with the proposal to dissolve
the Indigenous Peoples Subcommittee. She
stated that if the NEJAC wishes to retain the
subcommittee she will honor that decision. On
the subject of tribal issues, Ms. Browner pointed
to a partnership between a tribal government and
several Alaskan. villages as an example of a
government working with people to manage the
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National Environmental Justice Advisory Council
NEJAC Executive Council
day-to-day management of their land. She also
stated that EPA has a government-to-govemment
relationship with tribes and takes advantage of
every opportunity that arises^ to delegate
environmental programs to tribes. Much has
been done in this area, but there is still much
more to do, she acknowledged.
Ms. Rosa Hilda Ramos, Community of Catafio,
Puerto Rico expressed concern about how other
federal agencies address issues related to
environmental justice. She asked who is
responsible for monitoring compliance with the
Executive order. Ms. Ramos also commented
that environmental justice focuses not only on
environmental issues, but also on racism,
discrimination, and exclusion. When agencies do
not-understand their role in this process, it could
hinder progress toward achieving environmental
justice, she stated; there must be a way to aid
agencies in understanding the issues, she
observed Ms. Browner responded that the
ultimate responsibility for holding federal agencies
accountable lies with the White House. However,
she said that, because of her personal interest in
environmental justice, she will do everything she
can to see that federal agencies comply with the
Executive order. Ms. Browner also recommended
training to increase awareness of issues. The
NEJAC, she suggested, can assist by:
Working with EPA to develop a workshop for
individuals joining the agency to provide basic
knowledge of the Executive order and
.examine what can be done within the agency.
• Providing EPA with recommendations for
several simple tasks the agency can
undertake. '
Mr. Luke Cole, California Rural Legal Assistance
Foundation, asked why the U.S. Trade
Representative (USTR) is not required to comply
with the provisions of the Executive order. He
stated that such an omission was a "great
travesty" because it presented the illusion that
USTR can act without immunity. He explained
that the USTR negotiates initiatives that effect not
only residents of the United States, but also
impoverished people around the world. Ms.
Browner expressed agreement, adding that the
International Subcommittee is an appropriate
forum for discussion of issues related to South
Africa and its oppressed workers.
Mr. Graver Hankins, Thurgood Marshall School of
Law, Texas Southern University, referring to a
recent ruling that requires the disclosure of the,
active ingredients in common compounds,
chemicals, and pesticides used in homes, asked
how EPA planned to respond to that ruling. Ms.
Browner replied that she was not familiar with the
ruling but that, EPA will comply with judicial
rulings.
Mr. James Hill, Arizona State University, urged
that EPA recognize both tribes and tribal
grassroots organizations on Indian lands as
"viable entities." He explained that the culture of
a tribe is expressed in the way it cares for the
land. He also suggested that tribes need
additional assistance, not more policy, to help
build the capacity to address environmental
issues. Ms. Browner agreed, remarking that the
purpose of EPA's efforts to seek expanded funds
for tribes is to provide that kind of assistance. •
She agreed that, in addition to technical and
financial assistance, tribal environmental
programs would benefit from a streamlined
approach to voicing their concerns, as well as
clarification of the role of tribal grassroots
organizations in thatprocess; She added that the
agency's work with the Tribal Operations
Committee (TOG), another advisory committee to
EPA on which tribal governments are
represented, demonstrates the need for improved
communication between EPA tribal governments,
and tribal grassroots organizations and tribal
community groups. EPA has tried to facilitate that
communication, Ms. Browner continued.
Unfortunately, she explained, that role places
EPA in an awkward position as it attempts to
develop a govemment-to-govemment relationship
with tribal governments while honoring its
commitment to work with all stakeholders.
Ms. Browner then thanked everyone for sharing
their views and asked that they continue,to
provide comments and questions to EPA.
2.3 Other Remarks
Mr. Stanley Laskowski, Deputy Regional
Administrator, EPA Regjon III, welcomed the
members of the NEJAC to Baltimore and
expressed his support for the work of the Council.
Mr. Arthur Ray, Deputy Director, Maryland
Department of the Environment, stated that he
was particularly pleased to have the opportunity
to hold a dialogue that would build on important
issues in the community of Baltimore and
Baltimore, Maryland, December 10 through 12,1996
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environmental justice in the state of Maryland.
Mr. Ray declared that Maryland had made a
commitment to many of the principles outlined for
federal agencies earlier by Ms. Browner.
Maryland believes in common-sense, workable
approaches to solving problems involving issues
related to environmental justice, he continued.
Mr. Ray added that he hoped the diversity of the
workforce within MDE would be effective in
fostering environmental justice, with staff who not
simply because of their race, but rather because
of their sensitivities, will enable MDE to better
understand issues and implement innovative
programs. He remarked that such initiatives
include the application of a government model to
state agencies with the intent of building
understanding of community needs related to
environmental justice.
Over the years, MDE has worked to establish
relationships with community groups and activists,
Mr. Ray continued. Some of the programs MDE
is involved in are the conduct of urban studies,
the provision of environmental justice grants in
urban areas, and the communication of
information to facilitate the matching of services-
with providers, he said. On the horizon , he
added, is a program that will help communities
gain access to information on the Internet. Mr.
Ray stated that the most rewarding
accomplishment of MDE is the partnership
established among government agencies and
communities in the state,
3.0 REPORTS OF EPA PROGRAM AND
REGIONAL OFFICES
This section summarizes presentations made by
representatives of various EPA program and
regional offices. In some of the presentations,
issues raised during previous meetings of the
NEJAC were discussed.
3.1 Office of Prevention, Pesticides and Toxic
Substances
Mr. John Melone, Director, Chemical
Management Division, EPA Office of Prevention,
Pesticides and Toxic Substances (OPPTS),
provided a status report on issues related to the
activities of OPPTS.
Mr. Melone first provided an update on the
agency's lead program. Although significant
progress has been made in eliminating leaded
gas from the market, he said, there remains a
disproportionately high number of children of
color who have elevated levels of lead in their
blood. He stated that OPPTS has broad authority
to mandate disclosure of contamination of
housing with paint containing lead, to set national
standards for identifying dangerous levels of lead,
and to set standards for the safe conduct of lead
abatement activities. The office also has gone to
great lengths to step outside the confines of Title
X of the Clean Water Act, he said. Mr. Melone
explained that approach inspired the creation of
environmental justice community grants. With the
U.S. Department of Health and Human Services
(HHS), EPA had developed a national pilot
program aimed at simultaneously addressing the
need for lead abatement and bringing jobs into
the community, he said.
Mr. Melone commented that progress also had
been made in two regulatory areas: development
of a rule that requires disclosure of lead
contamination in housing or rental units and the
formulation of national safety standards for lead
abatement workers. The two rules laid the
groundwork for the establishment of state
programs that ensure adherence to safety
standards, he explained. The effort to keep the
public informed includes maintenance of a hotline
and a clearinghouse to distribute information from
other federal agencies that might be relevant to
the issues of lead contamination* he concluded.
Mr. Melone also discussed issues raised at earlier
meetings of the NEJAC or its subcommittees.
Exhibit 1-2 summarizes his comments.
Mr. Melone expressed his appreciation to the
NEJAC for its members' concern about issues
related to lead contamination and requested their
views on:
• Locating a national network of community
groups to assist in lead education programs
Continuing the development of educational
. materials and information for diverse cultures
Mr. Melone also stated that he would look forward
to receiving the NEJAC's comments on future
programs as they are developed. Mr. Cole
suggested that EPA contact the Alliance to End
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Child Lead Poisoning, which he said already has
training programs similar to those Mr. Melone had
mentioned. He added that other networks could
be tapped easily. Mr. Lee suggested that the
organization, United Parents Against Lead, also
might be able to assist in the dissemination of
information.
Ms. Mary English, Energy Environmental
Resource Center, University of Tennessee,
expressed interest in establishing a joint effort
between the Health and Research Subcommittee
and OPPTS. She also expressed concern about
the level of coordination between OPPTS and the
Centers for Disease Control and Prevention
(CDCP). Mr. Melone assured Ms. English that the
two agencies work very closely together.
Mr." Haywood Turrentine, Laborers International
Union of North America, asked Mr. Melone for
more information about the small grants available
through the OPPTS program. Mr Melone,
responded the that grants are awarded jointly with
• HHS. The objective of the grant program is to
remove lead dangers and train members of the
community to do the work, he explained. Not only
are residents removing the problem, but money
also will remain in the community, he said, adding
that workers will retain a marketable skill when
the project has been completed. Historically, he
continued, the organizations that have received
funding for the abatement programs have tended
to be consortiums. Mr. Melone agreed to submit
a written description of the program to the
NEJAC.
Ms. Benally cautioned OPPTS not to ignore
indigenous communities, which she described as
"often cities within themselves."
3.2 Office of Water . . '
Mr. James Hanlon, Deputy Director, EPA, Office
of Science and Technology, Office of Water
(OW), presented an update on projects targeted
on environmental justice. He announced that OW
is focusing on three programs: development of
a national fish advisory program, revision of the
national human health aquatic water criteria and
the methodology for issuing advisories, and
development of a national beach health protection
program.
Mr. Hanlon stated that the National Fish Advisory
Program had been established five years earlier
to ensure that consumer information generated is
Exhibit 1-3
OPPTS RESPONSES TO
CONCERNS OF THE NEJAC
NEJAC Concerns
OPPTS Status
Recognizing the risks from Taking a two-fojd
lead exposure during
renovation, remodeling,
and maintenance work
approach:
Preparation of a
companion rule to the state
certification and training
rule that governs the
practices of renovators and
remodelers.
Development, in
conjunction with HUD, of
an operations and
maintenance training
course
Seeking funding for
worker training
Experiencing difficulty in
securing funding for 1997
Clarifying the definition of Considering the issue
"lead-based paint hazards" while developing the
proposed rule
Extending the lead Concluding extension to
abatement assessment six years or longer, with
. studies beyond the two-to- HUD agreeing to take over
three-year maximum time the latter years of the
frame study.
based on sound scientific findings. The activities
of OW under the program include issuing a four
volume set of guidance documents covering a
variety of topics: protocols for fish sampling,
protocols'for risk assessment and analysis, and
guidance for risk .management, and risk
communication, he explained. The last of the
volumes was issued in Fiscal Year (FY) 1996, he
added. Under the program, each state was
surveyed to identify the type of technical guidance
that would be most supportive of the program's
constituents, he continued.
OW also had made a commitment to conduct a
follow up conference in mid-1997 to address tribal
concerns, Mr. Hanlon stated, explaining that OW
is concerned that residents of tribal lands do not
receive enough information on fish consumption
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and its inherent risks. The effort to expand
outreach related to subsistence consumption is
being coordinated with the American Fishery
Society and the National Native American
Environmental Council, he said. The fish
consumption advisory database is updated
annually and is available on the Internet, as well
as on diskette from the agency, he added. •
Mr. Hanlon reported that the targeted audience of
fish consumption advisories has shifted to include
a more diverse population. Sampling activity has
increased and more attention is being paid to
consumption patterns and issuance of advisories
appropriate to the affected population, he said.
EPA has been using such standards as the
revised methodology for establishing criteria for
human health water quality to formulate target
levels of contamination, he continued. A
significant update of those criteria is planned for
spring or summer 1997, Mr. Hanlon said, adding
that the update will include updated guidelines
related to cancer and bioaccumulation factors.
Mr. Hanlon explained that OW plans to create a
database that ultimately will allow the public
access to the data through the Internet so that
individuals can identify the type of sampling
planned for particular beaches.
Mr. Cole congratulated Mr. Hanlon and his office
for the significant increase in the numbers of
states that issue fish advisories. Mr. Cole
commented that, whatever protocol ultimately is
developed, consumption levels are extremely
disproportionate among various populations. He
stressed the importance of the link between water
quality and contamination levels, urging that,
when regulations are developed, the two factors
be considered intertwined.
Mr. Ray asked whether the beach protection
program was to be extended to include Puerto
Rico. Mr. Hanlon stated that was the case,
adding that the area also is covered in part by the
Clean Water Act.
Mr. Leg requested that the NEJAC request more
Information on the sustainable community
partnership grant and become more active in that
program.
Mr. Hill suggested that EPA contact the
Indigenous Environmental Network to obtain that
organization's assistance in selecting a meeting
location at which consumption habits of
indigenous peoples can be discussed. He
inquired whether there were specific regulations
governing bodies of water in communities in
which fish consumption levels are high. Mr.
Hanlon responded that a formula is used to
assess contamination. He added that states
identify communities that have high consumption
levels as part of their activities under the Clean
Water Act.
Ms. Benally asked whether funding is available for
grassroots organizations if they suspect a
problem related to water depletion or water
diminution. Mr. Hanlon was unable to respond to
Ms Benally's question; however, he agreed to
follow up on the issue by contacting EPA's Office
of Groundwater and Drinking Water.
Ms. Deeohn Ferris, Washington Office on
Environmental Justice, commented that the "heart
of sound science" lies in the exposures people
deal with, rather than the potential risk. She then
asked on what basis permits are issued, noting
that factor actually determines the amount and
type of bioaccumulation. Mr. Hanlon responded
that there is no blanket means of controlling
discharges across the board; however, he said,
there is a system in place to handle biocumulative
chemicals. For example, the Great Lakes Water
Quality Initiative set forth regulations that cover
the entire Great Lakes Basin through a
partnership between regional offices in New York,
Philadelphia, and Chicago, he said. He added
that the sources of contamination vary and that,
therefore, no answer is as simple as establishing
high standards governing effluents. Mr. Hanlon
stated that locations that do not have the benefit
of a large flow of water should write permit
standards that meet the criteria. He explained
that EPA, on a national level, is moving toward
total maximum daily loads, as the defining criteria
for issuance of discharge permits. With potential
polluters of a particular body of water agreeing to
a specific limit on a particular pollutant, point and
nonpoint sources are considered. The end result
is a higher quality of water for the area, he said.
Ms. Ferris inquired whether OW had been
successful in issuing anti-degradation
designations in a timely manner. Mr. Hanlon
replied that draft comments were being
incorporated into anti-degradation regulations,
which the agency planned to open for public
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comment in January 1997. Mr. Hanlon suggested
that the NEJAC, at a future meeting, address the
recently reauthorized Safe Drinking Water Act.
3.3 Office of Air and Radiation
Mr. Jeff Clark, Office of Air and Radiation (OAR),
discussed the proposed revisions of two national
ajr quality standards —.those governing ozone
pollution controls and the emission of paniculate
matter. He explained that revisions had been
proposed because new data demonstrate health
risks associated with exposure at levels that meet
current standards. He stated that citizens can
submit comments on the proposed revisions by
calling the hotline at 1-888-TELL-EPA or through
the Internet at http://www.epa.gov/airlinks.
Mr. Cole expressed concern about what he said
appeared to be a double standard. On one hand,
he explained, EPA is moving toward a more
health-conscious standard while, on the other
hand, it is considering adoption of California Rule
r1610, which would allow the trading of air
emissions credits. Trading of air emissions
credits essentially would create a less healthy
environment for a large number of communities of
color, he said. Mr. Hanlon commented that the
agency is reviewing Rule 1610 in its efforts to
fund a cost-effective method of dealing with air
pollution. In addition, the rule contains provisions
for monitoring its effectiveness, he said. Mr. Clark
added that, while it is true that some communities
may be exposed to more pollution than others,
EPA has reached no definite decision on the rule.
Mr. Cole explained that the members of the
NEJAC are very concerned about the
environmental justice effects of Rule 1610, which
he described as similar to EPA's acid rain credit
trading program. Mr. Clark responded that the
acid rain credit trading program had been used as
an example of a workable option to decrease
pollution because it forced an overall cap on
pollutants. Therefore, he stated, exposure would
decrease for everyone.
Mr. Ray expressed .concern that the issue is so
complex that the communities most heavily
affected by the rule had not been informed
adequately of the ramifications to their
communities should Rule PM-10, which regulates
emissions of particulate matter, and similar rules
be approved. When Mr. Ray requested more
information from OAR about the issues, Mr. Clark
agreed to provide such information. Mr. Lee
added that, while briefings are a good idea, they
also are ineffective in shaping the final decision.
He suggested that an interactive partnership
between the NEJAC and OAR be developed. Mr.
Clark responded that several stakeholders groups
had been involved in the decision-making
process, including representatives of 37 states.
He also stated that the U.S. Office of
Management and Budget (OMB) was to conduct
public hearings on Rule PM-10. Mr. Clark added
that the need for informing the public had been a
point well made.
3.4 Office of Pesticides
Mr. Kevin Keaney, Office of Pesticides, OPPTS,
reported that his office is responsible for
implementing worker- protection regulations,
training, and certification of pesticide applicators.
He discussed the results of recent public
hearings held in the following states: Florida,
Mississippi, Texas, Washington, California,
Missouri, Indiana and Pennsylvania. More that
1,000 participants had been involved in the
National Dialogues on Worker Protection and
Regulation, he said, created to address health
and safety and enforcement concerns. He added
that the meetings also featured site visits to
operations of growers.
Mr. Keaney reported that the meetings revealed
common misconceptions among farm workers
about the regulations. Many workers do not
understand what the regulations do and do not
cover, he said. Mr. Keaney explained that EPA's
response had been to concentrate on training
efforts, particularly grant funding, because the
office has control over those monies. He also
announced a partnership project with the National
Council of Agriculture Employers and the U.S.
Department of Justice that focuses on increasing
the awareness of growers about their
responsibilities under the regulations. The
National Council of Agricultural Employers had
worked with the Office of Pesticides to develop a
survey questionnaire for growers on the worker
protection regulation and immigration law, Mr.,
Keaney reported. The results of the survey are
being used as a tool to focus training courses on
the areas that are most in need of strengthening.
The U.S. Department of Agriculture also had
contributed funds for training of handlers and
applicators, Mr. Keany said. His office plans to
issue a report on the results of the national
dialogues and outlining strategies to address the
weaknesses identified, he stated.
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Preliminary Draft: February 1, 1997
Mr. Baldemar Velasquez, Farm Labor Organizing
Committee, stated that meetings with workers that
did not empower workers are ineffective. He
stated that EPA must not overlook the
independent contractor who "often falls through
the cracks when it comes to worker protection."
Mr. Velasquez also commented that the programs
might have international applicability, particularly
in cooperative efforts with Mexico.
Mr. Cole expressed concern about enforcement
of the worker protection rules, particularly 'those
related to pesticides and reentry intervals (period
of time between treatment of an area and the time
at which workers can reenter the area.) Ms.
Benaily commented on the need to protect
families of farmworkers living in the area by
promoting integrated pest management training.
Ms. Ferris echoed Ms. Benally's concerns and
asked whether training includes a component that
addresses ancillary exposures. Mr. Keaney
responded that a component in the training does
address that issue. He stated that studies of
children's health is currently being conducted
under the program could be expanded to consider
the issue.
3.5 EPA Region I
Ms. Lois Adams, EPA Regional Coordinator for
the Urban Environmental Initiative, EPA Region I,
provided an update about the environmental
justice program in her region. Reporting in the
absence of the regional environmental justice
coordinator, Ms. Adams informed the NEJAC that
much of the effort under the regional program had
focused on securing the active participation of
local communities. She explained that part of the
strategy to encourage the commitment of
rpembejs of the community was to provide
financial compensation for their time. The strong
emphasis on the active and continuing .
involvement of local communities has resulted in
the development of partnerships through which
several cleanup and redevelopment strategies
have been implemented, she said. EPA Region
I also has augmented the national EPA initiatives
on subsistence fishing and PCB problems to
expedite assistance to communities, she pointed
out. Her office is firmly committed to using
roundtable meetings as a means of exchanging
infprmatipn, she added.
Mr. Lee complimented the regional office on its
use of what he called a holistic approach to
program development. Ms. Adams responded
that their efforts would not have been possible
without the recent reorganization of the regional
office.
3.6 EPA Region II
Ms. Melva Hayden, Regional Environmental
Justice Coordinator for EPA Region II, stated that
she believes one of the strengths of her program
lies in its position in the organizational structure of
the Office of the Regional Administrator. She
remarked that, under the program, the regional
office conducts an annual review of its
environmental justice program; the report for
1996 should be available in February 1997, she
reported. Ms. Hayden also said that EPA Region
II has developed a draft Standard Operations
guide and considers training of EPA staff and
community to be a high priority for her office. In
addition, her office has made a concerted effort to
work with Puerto Rico and the U.S. Virgin Islands,
responsibility for which is assigned to EPA Region
II. Ms. Hayden added that she is the full time
environmental justice coordinator.
3.7 EPA Region III
Mr. Reginald Harris, Regional Environmental
Justice Coordinator, EPA Region III, stated that
he reports directly to the Deputy Regional
Administrator. Mr. Harris explained that although
he is assigned responsibility for issues related to
environmental justice, an environmental career
organization provides additional support to the
program, as does the division environmental
justice coordinators with whom he meets
quarterly. Mr. Harris stated that EPA Region III
had played a very active role in training activities
during the preceding two years. Mr. Harris stated
that, to better serve the needs of communities in
the region, his office had entered into
partnerships with EPA Headquarters program
offices. He pointed to the partnership between
EPA Region III and OPPTS under which that
office and the regional office are assisting the
South Baltimore Environmental Justice
Community Involvement Project.
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3.8 EPA Region IV
Ms. Connie Raines, Regional , Environmental
Justice Coordinator, and Josephine Brown,
Regional Grants Coordinator, represented EPA
Region IV. Ms. Raines reported .that, because
she only recently had been appointed to the
position, she could give only a preliminary
assessment of the program in EPA Region IV.
She stated that the environmental justice program
in her office appears to have little structure. In
addition, she explained, the program suffers from
limited staff and even more limited funding.
However, Ms. Raines added, there is a legacy of
strong ties with the community, which she
described as helpful. She announced that the
regional office currently is drafting a protocol for
addressing environmental justice issues. ,
Mr. Lee suggested that EPA Region IV build on
the wealth of resources it has available, namely
strong community networks, access to several
historically black colleges and universities; and
proximity to several key federal agencies, such as
CDCP and National Institute of Health Sciences
(NIHS). Ms. Hayden also suggested that the
region adopt some of the initiatives developed by
other regional environmental justice programs.
3.9 EPA Region V
Ms. Karla Johnson, Regional Environmental
Justice Coordinator, EPA Region V, reported that
she is one part of a management team that
coordinates environmental justice issues within
Region V. She explained that Region V has a
well-organized team that participates in several
cooperative efforts with other staff of the regional
Office. In addition, Ms.' Johnson reported, the
team has embarked on several unique initiatives,
such as the development of grant-writing software
designed to help train community members to
write grant proposals. Ms. Margaret Millard,
Regional Grants Coordinator, EPA Region V and
a member of the regional environmental justice
team, showed a videotape that documented one
success story. The videotape told the story of a
Chicago public high school that had developed a
lead education program that was instrumental in
both securing much-needed removal of lead from
the school and raising community awareness of
problems related to lead contamination.
3.10 EPA Region V!
Ms. Shirley Augerson, Regional Environmental
Justice Coordinator, EPA Region VI, reported that
the environmental justice program in her region is
hindered severely by lack of staff and funding.
Ms. Augerson also provided an update on the
Enforcement and Compliance Assurance
Roundtable meeting held in San Antonio, Texas
in October 1996. She explained that, although
,EPA Region VI co-sponsored the meeting, the
meeting was funded by the state and industry. It
is difficult to implement initiatives without
adequate support, she remarked.
3.11 EPA Region VII
Ms. Althea Moses, Regional Environmental
Justice Coordinator, EPA Region VII, reported
that, like Ms. Raines in EPA Region IV, she has
served as the regional coordinator for only two
months. Ms. Moses stated that she is
reevaluating the program and developing
structural guidelines.
3.12 EPA Region VIII
Ms, Elisabeth Evans, Regional Environmental
Justice Coordinator, EPA Region VIII, reported
that the environmental justice program in 'EPA
Region VIII is conducted by a management team.
The regional office has assigned 6.5 full-time
equivalent employees to assist in the effort, she
added. Ms. Evans remarked that strong
community relationships in Colorado have been
helpful in getting information out. The region
faces a unique challenge with its largely rural poor
population living throughout the intermountain
region, Ms. Evans added, noting that
environmental justice is a priority for the regional
administrator.
3.13 EPA Region IX
Mr. Willard Chin, Regional Environmental Justice
Coordinator, EPA Region IX, explained that
Region IX had just undergone reorganization.
Like his counterparts in other regional offices, he
is struggling to make environmental justice a
meaningful component in all programs, he said.
However, efforts are underway to train senior staff
and managers on issues related to environmental
justice, Mr. Chin added. Although EPA Region IX
has only one part-time person assigned to
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address environmental justice issues, the
program's strength lies in the fact that it is a team
effort.
3.14 EPA Region X
Ms. Jpyce Kelly, Regional Environmental Justice
Coordinator, EPA Region X, reviewed goals for
1997, which include serving as a focal point for
comrnunities and providing training , on
environmental justice for other federal agencies.
Ms. Kelly stated that her office conducts two
environmental workshops per year. In addition,
an environmental justice audit check list had been
developed and had proven to be a great tool in
helping other federal agencies in the region
integrate considerations of environmental justice
into their programs, she said. Ms. Kelly stated
that the main impediment to the environmental
justice program is the Jack of understanding by
other offices of the role it can play. She explained
that funding support generally comes from
discretionary funds.
4.0 PRESENTATIONS
This section summarizes presentations made to
the NEJAC about the EPA reinvention initiatives
and EPA Office of Enforcement and Compliance
Assurance's (OECA) Integrated Data for
Enforcement Analysis (IDEA) Database program.
4.1 EPA Reinvention Initiatives
Mr. Jay Benforado, Director, EPA Reinvention
Team, Office of the Administrator, discussed
EPA's reinvention initiatives and how they are
related to environmental justice. He briefly
reviewed the history of the reinvention program.
He explained that EPA had developed a strategy
for responding to the President's initiative on
reinventing government. A report describing
EPA's strategy, published in March 1995,
Identified 25 projects that would take the agency
in a new direction, he continued, explaining that
the strategy involves incremental changes in
existing programs and new and innovative
approaches to future programs. Environmental
justice is one of 10 principles guiding reinvention
activities, Mr. Benforado remarked. He added
that the strategy states that "no citizen should be
subjected to unjust or disproportionate
environmental impacts under our reinvention
activities." ,
Mr. Benforado highlighted several programs
related to environmental justice that EPA has
undertaken.
• Community-based environmental
protection efforts — EPA regional offices
have been instructed to move 20 percent of
their resources to community-based
protection efforts. Many of the plans are
directed at issues related to environmental
justice.
• Sustainable development challenge grants
— Communities have been given seed money
to develop initiatives that blend environmental
and health protection and economic
development. The-program was pilot-tested
in 1996, and 11 grants were awarded. At
least 4 of those 11 projects address issues of
concern to minority communities. In 1997,
approximately $5 million is allocated for this
project.
• Risk-based enforcement project — Under
the project, companies are making more
information available to communities so the
communities themselves can determine how
well or how poorly the facilities in their
community compare with those in other
communities.
• Project XL — This project is one of a series of
partnership projects, the fundamental
premise of which is that superior
environmental performance can result when
companies and communities work together to
develop proposals.
One-Stop Reporting — This initiative
involves electronic reporting of information
, about pollution sources, waste or chemical
accidents, and other information of
importance to environmental programs.
Currently, several states are being
considered for pilot demonstrations of the
program.
Mr. Hill expressed interest in the concept of one-
stop reporting and asked how the process would
work. Mr. Benforado explained that requests for
information would be handled electronically,
rather than in paper records. The storage of
records in a central location allows information to
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be labeled with a unique identifier, he said. The
identification number would link all data on a
given company.
Mr. Hill inquired whether'that action would open
the door to legal action by citizens. Mr. Benforado
explained that federal law does not make
provision for such actions, adding that, because
EPA is not changing any federal laws, the
question becomes moot.
Mr. Lee commerited that the reinvention initiative
includes several good ideas, but, he added,
- government initiatives tend to become
fragmented on environmental issues. Pointing to
the 25 projects referred to earlier, he said they
demonstrate lack of a common theme. Mri Lee
added that more resources are needed to make
community-based environmental protection a
workable initiative. He also expressed his
disappointment at the limited interaction between
the NEJAC and EPA about such issues. He
stated that building for the future meant a solid
commitment of resources, as well as the
involvement of OEJ in programs such as the
reinvention initiatives.
Mr. Ray expressed concern that one-stop
reporting without a system through which
communities can inquire about the status of
various permits would prove a stumbling block to
effective public participation. He also asked
about what type of information is requested on
enforcement and compliance activities.
Mr. Turrentine commented that reinvention of the
process, is pointless unless the community is
considered a stakeholder and involved early in
the process. He urged Mr. Benforado to take the
challenge presented by the members of the.
NEJAC and to truly integrate all stakeholders. Mr.
Lee concluded the discussion by stating his
concern that the reinvention initiative would be
nothing more than a collection of incoherent
projects.
4.2 Integrated Data for Enforcement Analysis
System
Ms. Lisa, Perry, Office of Compliance (OC),
OECA, EPA discussed the Integrated Data for
Enforcement Analysis (IDEA) system. She
explained that the system had been created to
provide staff of OECA with quick and easy access
to data from the databases of major EPA program
offices. Ms. Perry described the three primary
uses of the IDEA system as information sharing,
performing targeted searches for specific data,
and analyzing data by industry sector. Currently,
data in 17 federal and other proprietary database
systems are available through IDEA, she said.
Requests for additional data often can be
coordinated through OC. Data from the IDEA
database commonly are used to respond to
requests under the Freedom of Information Act,
she added. Exhibit 1-3 presents a summary of
the IDEA program.
Exhibit 1-4
INTEGRATED DATA FOR
ENFORCEMENT ANALYSIS (IDEA)
SYSTEM
EPA's Office of Compliance developed the
Integrated Data for Enforcement Analysis (IDEA)
system to link various environmental databases for
a variety of media programs. IDEA provides a
comprehensive record for each facility, with both
general and media-specific information. In
addition, Standard Industrial Classification (SIC)
codes are listed.
Ms. Perry reported that OC plans to provide
general public access to the several large data
systems that office maintains. She announced
that the development of IDEAWin, a Windows
interface for the IDEA system, is moving OC one
step closer to its goal. She stated that there are
several ways to access the IDEA database:
through agency computer networks, by direct dial
through the National Technical Information
Service (NTIA), or through the Internet. Members
of the public can obtain the mainframe user I'D
and password required for access by calling the
hotline at 1-888-EPA-IDEA. The hotline also has
fax-on-demand capability — if they leave a
recorded message, callers can arrange to have
documents sent directly to them by facsimile.
Ms. English asked whether the data in the system
are federal and state recorded data. Ms. Perry
responded the data are generated in response to
federal requirements; inclusion of data from state
agencies is not under consideration at the
moment.
Mr. Ray asked whether an index by industry
sector would be added to the database. Ms.
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Perry indicated that OECA and QC are cross
referencing the sector data in hope of adding
whatever information is not already in IDEA.
4.3 Title VI of the Civil Rights Act of 1964
Ms. Gaylord provided an overview of the agency's
activities related to enforcement of Title VI of the
Civil Rights Act of 1964. She reported that EPA
had received more than 30 complaints. To
facilitate their review, EPA formed a work group to
implement considerations of Title VI violations in
the issuance of environmental permits, she said,
adding that the work group then had briefed EPA
.Deputy Administrator Fred Hansen, as well as the
Assistant .Administrator, about policy options. In
response'to a question about how the options
would apply when implemented "in the real
world," Ms. Gaylord replied that Mr. Hansen had
issued memorandum in which he expressed
concern about the agency's poor response to
complaints filed under Title VI. She reported that
EPA was forming a task force of lawyers to
expedite the cases.
Mr. Cole expressed his gratitude for Mr. Hansen's
actions. He also stated, however, the response
had been inadequate to deal with the issue at
hand* The Enforcement Subcommittee will
continue to closely monitor efforts associated with
implementation of Title VI, he said. Mr. Lee
stated hi§ concern that, unless communities
participate, the process will continue to be mired
in bureaucracy.
5.0 REPORTS OF THE
,|;:( !' :'; SUBCOMMITTEES, . .'. " . '
5.1 Enforcement Subcommittee
:l'' . ',"".' ,' . . . •>
Ms. Ferris, chair of the Enforcement
Subcommittee, provided updates on the activities
of the work groups of that subcommittee. She
stated that the Farm Worker Protection Work
Group has coordinated its efforts with those of the
International Subcommittee to develop
recommendations for EPA- The Work Group on
the Trading of Air Emissinos Credits had
formulated its scope of work, having decided to
address the broad issue of ajr permits, EPA's air
toxics program, and the trading of air emissions
credits, she reported. Ms. Ferris stated that the
Vvprk group also will focus on developing for
consideration by the NEJAC recommendations
related to the proposed rule PM-10 that
addresses emissions of particulate matter. Ms.
Ferris also reported that the Work Group on
Supplemental Environmental Projects is
considering recommendations to EPA for better
using supplemental environmental projects and
involving communities making decisions about
those projects. Ms. Ferris requested that Ms.
Ramos join the work group and assist in
developing the recommendations. The Permitting
Work Group was to distribute by mail ballot a
resolution that suggests ways in which EPA can
integrate environmental justice into the permitting
process, she said. -
Ms. Ferris also reviewed several action items that
grew out of the Enforcement Subcommittee's
, discussion of the enforcement and compliance
assurance roundtable meeting:
• Develop a follow-up schedule of events to
build on lessons learned
Develop recommendations to EPA for
locations for the next roundtable meeting
Develop a task chart and a draft set of
recommendations
Ms. Ferris reported that the subcommittee also
had acknowledged the importance of the
presence of the Assistant Administrator for OECA
Steven Herman at the roundtable meeting. Ms.
Ferris agreed to send Mr. Herman a letter from
the NEJAC, expressing gratitude for his role in the
roundtable meeting.
Ms. Ferris reported that, during a presentation by
the EPA Office of Sjte Remdiation Enforcement
(OSRE) about voluntary cleanup programs (VCP),
the discussion covered the criteria EPA requires
to ensure community participation in a state VCP
throughout the clean,up process. Other questions
related to cleanup that arose during that
discussion of VCPs include:
• . What program areas should state VCPs
address?
• Which sites should be included?
• What cleanup standards should be applied?
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• Should state cleanup standards be applied in
addition to federal standards?
• What level of oversight should EPA retain to
ensure that the state remains in compliance
with requirements for community
participation?
Discussions about encouraging diversity in EPA's
workforce had focused on encouraging OECA to
hire, retain, and promote people of color, Ms.
Ferris continued. She also urged that the
President consider choosing persons of color to
appointed political positions.
Ms. Ferris informed the NEJAC that the
subcommittee had invited Ms. Darlene Boerlage
and Mr. James Edward, representatives of EPA's
Federal Facilities Enforcement Office, to present
to the NEJAC information about EPA's targeting
initiative for environmental justice activities at
federal facilities. Mr. Lee commented that the
Waste and Facility Siting Subcommittee also
would address issues related to permitting and
siting of facilities. He agreed to provide to the
Enforcement Subcommittee a copy of the
comments of his subcommittee on improving the
permit team process throughout the agency.
In concluding her report, Ms. Ferris expressed an
interest in obtaining a copy of the June 1996
report prepared by the U.S. Commission on Civil
Rights, in which the commission criticized all
federal agencies for lack of proper enforcement of
Title VI of the Civil Rights Act of 1964. Ms.
Gaylord agreed to provide a copy of the
document.
5.2 Health and Research Subcommittee
Ms. English, chair of the Health and Research
Subcommittee, provided a brief report about the
activities of that subcommittee. She remarked,
that during its deliberations, the subcommittee
had decided to form three work groups to address
community-based issues concerning health and
research, EPA's Toxics Agenda, and issues
related to children's health and the environment,
with a particular emphasis on prevention of lead
poisoning and children's asthma.
5.3 Indigenous Peoples Subcommittee
Remarking that Ms. Jean Gamache, Tlignit and
Haida Indian Tribes of Alaska and the newly
elected chair of the Indigenous Peoples
Subcommittee, had been unable to attend the
meeting, Mr. Hill provided an update on the
activities of the Indigenous Peoples
Subcommittee. He remarked that the members
of the subcommittee had applauded the
development by the International Subcommittee
of a mission statement, adding, that his
subcommittee intends also to develop a mission
statement. Mr. Hill then informed the NEJAC of
the challenges facing the subcommittee:
• This was the second meeting of three in
which a quorum of members was present
• Addressing-environmental justice issues on
Indian lands is a delicate issue because, in
many cases, environmental programs do not
exist.
5.4 International Subcommittee
Reporting on behalf of Mr. Velasquez, chair of the
International Subcommittee, Ms. Marva King,
OEJ, provided an overview of the activities of the
subcommittee. She stated that the subcommittee
had requested a summary of all international
convention treaties and related organizations. In
addition, she continued, the subcommittee had
drafted a mission statement and submitted a
proposal to convene a roundtable meeting on
international issues.
Mr. Lee commented that NEJAC had previously
recommended that EPA examine its policies
related to territorial governments. He suggested
that the International Subcommittee examine
issues related to those policies as questions
arise.
5.5 Public Participation and Accountability
Subcommittee
Ms. Peggy Saika, Asian Environmental Network
and chair of the Public Participation and
Accountability Subcommittee, provided a report
on the activities of the subcommittee. She
reported that the subcommittee had focused"
much of its deliberations on identifying ways to
maximize public participation. As part of that
effort to improve coordination of the public
participation activities of the NEJAC, the
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subcommittee was requesting that each
subcommittee appoint a member to serve as
liaison with the Public Participation and
Accountability Subcommittee, she said. She
added that the members also were requesting
that the NEJAC provide approximately two hours
on the agenda of the next meeting of the NEJAC
for a meeting with the liaisons of other
subcommittees. She explained that the
establishment of formal links among the
subcommittees would ensure that the NEJAC
Model Plan for "Public Participation was being
.integrated throughout the process.
Ms. Saika also reported that the subcommittee is
requesting that, 30 days before a meeting, the
NEJAC provide the subcommittee with a status
update on the actions taken on issues discussed
during previous meetings, as well as those raised
by the public during the in the public comment
period. She offered the assistance of the
subcommittee in planning public .comment
periods.
5.6 Waste and Facility Siting Subcommittee
Mr. Lee, chair of the Waste and Facility Siting
Subcqmmittee, presented a summary of the
issues discussed by that subcommittee, including
development of a national policy on relocation.
He remarked that copies of the proceedings of the
Relocation Roundtable meeting in Pensacola,-
Florida were available, as well as two videotapes
of the sessions. Other issues of concern to the
subcommittee, he said, include ensuring that
communities undergoing relocation are always
involved in the process. It is crucial that technical
experts be available to address the complex
Issues associated with relocation.
, jll!!',, ' ' ,'' 'I'1 " ' ''. " ' '^ . '''
Mr. Lee added that the subcommittee also had
discussed the establishment of a federal
Interagency work group on brownfields. The
subcommittee agreed to follow up on the
recommendations included in the report on the
public dialogues approved by the NEJAC in its
previous meeting. Another major area of
discussion, he said, was the subcommittee's
resolve to begin developing a set of
environmental justice principles on siting. The
subcommittee is exploring the possibility of a
community roundtable meeting focused on siting,
he added in conclusion.
6.0 ADMINISTRATIVE ISSUES
This section of the chapter presents a summary of
the discussions by the NEJAC related to
administrative issues of the NEJAC.
6.1 Review of the Bus Tour of Baltimore,
Maryland
Ms. Saika opened the discussion by expressing
her concern about the lack of participation by
members of the Baltimore community in the bus
tour that had been held on December 10, 1996
'and in the public comment periods. Mr. Ray and
Mr. Turrentirie expressed agreement with Ms.
Saika. Mr. Turrentine stated further that he hoped
that EPA staff had not been in some way an
impediment to the public participation process.
He stated that he had noticed, during the meeting
of the Public Participation and Accountability
Subcommittee on September 9, 1996 in
Washington, D.C., that members of the
community who attended the meeting to
participate in planning process of the present
meeting had been "pushed aside" by EPA staff
members. Mr. Turrentine stated his hope that the
community was hot boycotting the NEJAC
meeting because of the treatment received in
September.
Mr. Cole stated his belief that the bus tour during
the Enforcement and Compliance Assurance
Roundtable meeting in October 1996 in San
Antonio, Texas had been a good example of
community participation. He stated that members
of the community had been present at each of the
stops the bus tour made, and had given
presentations. He added that tour would be a
good model for future NEJAC meetings. Mr. Cole
also observed that the Omni Inner Harbor Hotel,
where the present meeting of the NEJAC was
taking place, was being picketed by the hotel and
restaurant workers local union. He stated that the
participants in the bus tour had to cross the picket
line to enter the hotel. He requested information
about to the picket line, as did Ms, Ferris.
Ms. Gaylord responded to the concerns
expressed by the members of the NEJAC about
the bus tour and the lack of participation by
members of the Baltimore community. She
explained that the community had been involved
in the planning process; unfortunately, she said,
local politics became involved. Ms. Gayiord
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stated that she suspects that a formal.boycott of
the NEJAC had occurred. Mr. Moore then urged
the members of the NEJAC to move on and begin
to offer solutions to the reoccurring problem.
Ms. Saika agreed and recommended that the
NEJAC develop a process and a time line of
responsibilities for planning the next NEJAC,
meeting. Acknowledging the concerns of the
members of the NEJAC, Ms. Gaylord stated that,
EP^must improve in some areas but the lack of
participation by the Baltimore community in the
meeting was not the fault of EPA. She stated that
EPA had invited the community to participate in
the initial planning of the meeting. EPA attempted
to be as inclusive as possible in ensuring that all
communities were represented; however, some
members of the community believed other
communities were receiving more attention. Mr.
Moore stated that the planning process was not at
issue; the issue, he pointed out, was to identify
the weaknesses in the process and learn from
mistakes made.
6.2 Report on the Enforcement and
Compliance Assurance Rouhdtable
.Ms. Michelle Whitehead, OEJ, :provided an
overview of the Enforcement and Compliance
Assurance Roundtable meeting held October 18
through 20, 1996 in San Antonio, Texas. She
reported that EPA had provided support in terms
of funding and staff for what the NEJAC hopes is
only the first in a series of roundtable meetings.
Ms. Whitehead stated that the roundtable meeting
accomplished two goals — it provided community
members with training on compliance and
enforcement issues, and it served as a pilot test
of the NEJAC Model Plan for Public Participation.
Approximately 185 people had attended the two-
day event, she continued. Although there was
limited participation from states, several states in
EPA Region VI had contributed funding, she
added. Ms. Whitehead stated that the members
of the Enforcement Subcommittee had identified
follow-up tasks, including review of issues specific
to various states and developing a course of
action for states in Region VI.
Ms. Gaylord added that a training tape had been
developed to debrief EPA staff on events at the
roundtable meeting. Mr. Herman also had
advocated his strong endorsement of the activity.
Since his visits to EPA Regions I, VIII, and V,
those regional offices had begun to consider
hosting enforcement roundtables, Ms. Gaylord
announced.
Ms. Gaylord stated that the model plan had been
successful. Ms. Saika commented that the model
is meant to be a roadmap to be critiqued and
refined with time and experience. Ms. Gaylord
asked that the public participation subcommittee
to prepare a report on its findings, outlining
lessons learned. She asked Ms. Saika also to
include an analysis of the public participation
activities of including the satellite downlinks from
Atlanta, Georgia in January 1995 of the public
meeting of the IWG and to Puerto Rico in
December 1995 of the meeting of the NEJAC.
Ms. Saika agreed, noting that the analysis must
be funded.
6.3 Update on the Work Group on Puerto Rico
Ms. Gaylord reported on the status of an existing
resolution of the NEJAC in which the NEJAC
requested that EPA allow a small work group of
members of the NEJAC to travel to Puerto Rico to
meet with citizens and address environmental
justice issues. She reported that, in response, the
Administrator had requested representation of
Puerto Rican citizens on the NEJAC, with the
result that Mr. Richard Soto-Lopez now represent
a Puerto Rican constituency on the Waste and
Facility Siting Subcommittee. The regional
environmental justice coordinator for EPA Region
II also increased the number of meetings she
holds with community groups and NGOs, Ms.
Gaylord added.
In addition, representatives of EPA Region II have
.been invited to participate in an environmental
work group proposed by the Puerto Rico
Department of Natural Resources to facilitate
direct interaction with recommendations in Puerto
Rico. EPA Region II also is exploring the
possibility of establishing a regional federal
advisory committee as a subcommittee for
NEJAC.
6.4 Update on Environmental Education
Grants Work Group
Ms. Ferris, chair of the Environmental Education
Grants Work Group, explained that what began
as an examination of EPA's environmental
education grants had expanded into a review of
EPA grants across the board. The intention of the
work group is to develop for NEJAC a set of grant
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criteria, she said. Ms. Ferris explained that the
scope of the work group's review was broadened
to take it beyond to the sphere of environmental
justice grants. Ms. Ferris addressed comments
on the preliminary findings to Mr. Robert Knox,
OEJ, the representative of EPA who is
coordinating activities with the work group. Ms.
Ferris said that several questions had been posed
to the environmental education division for which
there were no clear answers. Those questions,
she reported suggest direct interaction.
• Racial and ethnic composition of award
recipients
...... L „ ,. " . »
• Racial and ethnic composition of
organizations applying for grants
• Tracking of information about populations
' "
• Racial and ethnic composition of the review
teams
• Racial and ethnic composition of the
membership of National Environmental
Education Advisory Council
The wprk group also had inquired about the
function of the National Environmental Education
and "Training Foundation, which has grant-making
capability, only to find that, although millions and
millions of dollars are allocated to the agency,
only $600,000 is allocated to the "public" for
environmental education, Ms. Ferris reported.
7-0 SUMMARY OF PUBLiC COMMENT
This section summarizes the, comments offered
during the public comment periods held on
December 10 and 11, in Baltimore, Maryland, as
well as" the written comments submitted for the
record. The full transcript of the proceedings of
the meeting of the NEJAC includes a verbatim
record of public comments.
7.1 Comments Presented on December 10,
Mr. Moore opened the session with a welcome to
all participants. Characterizing the session as
very important to the NEJAC, Mr. Moore
reminded the members of the NEJAC and the
audience that most of the people who participate
in public comment periods have traveled a
considerable distance at their own expense. It is
the role of the NEJAC, he continued, to identify
ways to address the concerns expressed by the
participants in the public comment period. Mr.
Mpore stated that the NEJAC may not always
have all the answers to the issues brought before
it's however, he offered his guarantee that all
participants and their testimony will be respected
by the members of the NEJAC.
Ms. Gaylord announced that the public comment
period was being videotaped by EPA's
Communications Office for an internal EPA
documentary on the NEJAC and by the
International City/County Management
Association (I.CMA) under the sponsorship of
EPA's Office of Solid Waste and Emergency
Response (OSWER). She explained that ICMA
was to videotape a series of programs on
community issues and organizations to be used in
film for educating local and state governments
about issues related to environmental justice.
Comments that followed the remarks of Mr.
Moore and Ms. Gaylord are summarized below, in
the order in which they were made.
7.1.1 Michael Dorsey, The Johns Hopkins
University
Mr. Michael Dorsey, doctoral student at The John
Hopkins University and a member of the Coalition
for Justice and Environmental Education, updated
the members of the NEJAC on the latest
developments related to his public comment
offered during the May 1996 meeting of the
NEJAC on EPA's Environmental Education and
Training Partnership (EETAP) program. Mr.
Dorsey reminded the members of the NEJAC that
EPA"S Environmental Education Division (EED)
had awarded a second cooperative agreement to
the North American Association for Environmental
Education (NAAEE), whose partners, he said, had
no experience working with low-income
communities or communities of color. (Exhibit 1-4
presents a description of EETAP).
Mr, Dorsey stated that, on September 30, 1996,
the EPA Office of the Inspector General (OIG)
released an audit report on the activities of EED.
The report, titled, "Environmental Education:
Mixed Results At EPA," confirms the concerns
related to environmental justice that the Coalition
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National Environmental Justice Advisory Council
NEJAC Executive Council
Exhibit 1-5
ENVIRONMENTAL EDUCATION AND
TRAINING PARTNERSHIP (EETAP)
PROGRAM
The Environmental Education and Training
Partnership (EETAP) program was created by
EPA in September 1995 in accordance with the
National Environmental Education Act of 1990.
The act authorizes EPA to establish a training
program for educating professionals through a
cooperative agreement with a college, university,
nonprofit organization, or a consortium of these
institutions. EETAP is a three-year endeavor that
involves a consortium of 18 partners.
for Justice and Environmental Education had
raised, he continued. He then highlighted what
he believed to be the four most significant
concerns identified by OIG in its report.
The report first identified the concern of whether
EPA "has fully met the National Environmental
Education Acfs (NEEA) staffing criteria," Mr.
Dorsey said, quoting the report. In addition, he
remarked that OIG had discovered that, for more
than tvvro years, the EED been led by an acting
director whose background focused on budgeting
issues rather than environmental education. In
addition, most of_ the EED staff gained" their
environmental education experience on the job.
Mr. Dorsey then said that the second concern
ex-pressed in the OIG report involves the
composition of EED's advisory council, the
National Environmental Education Advisory
Council (NEEAC), which is responsible for
overseeing the activities of the EED. He
explained that because NAEEC has failed to
properly oversee the activities of EED because of
the homogeneity of its members; consequently,
EED has been in a poor position to evaluate its
own programs, he said. A third concern identified
in the report noted that "EPA oversight of the
EED awards is minimal," Mr. Dorsey, said, again
quoting the report. The fourth significant concern
. was that the OIG had found that, EED's process
for awarding the $7.2 million EETAP grant to the
NAAEE resulted because of bias and favoritism,
he continued." '
Mr. Dorsey requested that the NEJAC continue
the small working group formed to address issues
related to the grants process; that OIG conduct
further reviews of other EPA offices that award
grants; and that NEJAC work with the OIG to
educate that office on the definitions of racial and
other discriminatory bias.
Mr. Moore asked the members of the Executive
Council to delay their questions and comments
about Mr. Dorsey's statement" until after Mr. Max
Weiritraub, who also commented on the EED and
the environmental education grants process.
7.1.2 Max Weintraub, Coalition for Justice
and Environmental Education
Mr. Max Weintraub, National Lead Information
Center and a member of the Coalition for Justice
and Environmental Education, presented a brief
history of the concerns related to the award of the
EETAP grant to NAAEE and then provided an
update on issues related to implementation of
EETAP. Mr. Weintraub stated that the NAAEE
had created a small working group to address the
concerns of the. coalition. The NAAEE working
group, he stated, met in October 1996 and
developed a draft technical assistance solicitation
and a schedule for addressing the concerns
expressed by the coalition,
Mr. Weintraub stated that, while the coalition is
pleased with many of the ideas expressed in the
solicitation, the coalition remains concerned about
the funding and schedule under which technical
assistance providers will operate and the activities
they will undertake. He explained that by
February 1997, NAAEE plans to hire a consultant
to provide technical assistance on:
• Identifying new partners for the advisory
council to EETAP
« Proposing ways to integrate environmental
justice and multi cultural concepts into
EETAP
Developing measurable objectives for the
EETAP process
Creating guidelines and strategies to assist
teachers of environmental education in
instructing multicultural groups different from
their own
• Identifying model programs that successfully
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incorporate the concepts of environmental
justice and multicultural environmental
education
Mr. Cole requested clarification of those activities,
asking whether they were current or proposed
activities of the NAAEE, Mr. Weintraub replied
that the activities had been suggested by the
coalition to address the concerns raised and that
the $25,000 NAAEE had allocated to the activities
is insufficient. However, Mr. Weintraub stated,
NAAEE does not intend to evaluate its current
partners on the issues raised until the third year of
the partnership, when the grant expires. The
coalition, he said, requests that the NAAEE begin
to evaluate its partners immediately and that
NAAE-E provide sufficient funds for the activities
identified.
Mr. Weintraub then expressed his concern that
EED and NAAEE had indicated a desire to
abolish the small working group that had
developed the technical solicitation. The
coalition, he said, wishes to see the small working
group continue its successful efforts, he
commented.
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witnesses; however, he said, the Center can
provide technical support to communities.
7.1.4 Fort Mojave Indian Tribe
The Fort Mojave Indian Tribe, which comprises
five federally-recognized Indian tribes living along
the Lower Colorado River, submitted written
testimony requesting the NEJAC's assistance in
setting up a meeting with President Clinton and
Secretary of the Interior, Bruce Babbitt, to discuss
the tribe's opposition to the transfer of federal
land to the State of California for the construction
of a low-level radioactive waste facility in Ward
Valley, California. The letter explains that the
tribes depend on the river for their livelihood,
using it to irrigate crops and provide tourist
activities, in addition, Ward Valley is a sacred
area where the tribe's ancestors hunted and
gathered medicinal plants, as well as home to a
healthy population of the threatened desert
tortoise, the letter continued.
Mr. Moore reminded the NEJAC this issue
previously had been referred for review by the
Indigenous Peoples Subcommittee and that
subcommittee's recommendations were to be
forwarded to the NEJAC. Mr. Thomas Goldtooth,
Indigenous Environmental Network and member
of the Waste and Facility Siting Subcommittee;
also explained that since the date the letter had
been drafted, a new concern had arisen. The
Fort Mojave Indian Tribe, Mr. Goldtooth stated, is
concerned about the National Emissions
Standards for Hazardous Air Pollutants
(NESHAP) because EPA, in pursuing its
responsibilities under the NESHAP, has been
involved in making decisions about the nuclear
dump proposed for Ward Valley; therefore, EPA
also is playing a role in the siting of the facility, he
said. ;
7.1.5 Marcia Moore, Bureau of Land
Management
Ms. Marcia Moore, Bureau of Land Management
(BLM), DOI, explained that, for public land
management agencies, the most significant
issues related to environmental justice are related
to implementation of the requirements of the
National Environmental Policy Act (NEPA). Ms.
Moore voiced her concern that, with the closure of
its Office of Environmental Justice, there no one
person assigned full time to issues related to
environmental justice within DOI; consequently,
efforts become disjointed and communication
problems arise among personnel, she observed.
Ms. Moore then stated that, if, DOI does issue
guidance on environmental justice, that guidance
should be prepared in coordination with EPA.
She stated further that DOI lacks sociologists and
economists on its staff to work on issues related
to environmental justice. She concluded her
comments with the observation that better
coordination is needed among all agencies and
organizations to accomplish the overall
environmental justice goals and objectives.
Mr. Ramos noted that, at the May 1996 meeting
of the NEJAC, Ms. Sylvia Lowrance, Principal
Deputy Assistance Administrator, OECA, had
made a commitment to investigate the closing of
the Office of Environmental Justice at DOI. Mr.
Moore commented that he had made a few
telephone calls to determine what action was
being taken at DOI in the environmental justice
area. He said that when, he asked for the Office
of Environmental Justice, the person who had
answered the phone replied that "the last time I
had seen it, there were some boxes being packed
up and that the office didn't exist any .more." Mr.
Moore continued by stating that the NEJAC has
expressed concern about the issue to the
Administrator of EPA and that the NEJAC should
bring up the issue again during its discussions
about the Interagency Work Group on
Environmental Justice (IWG). Mr. Moore also
stated that he believes that if the IWG had been
willing to interact with the NEJAC a few years
earlier, the environmental justice movement
would be "farther along than it is."
Mr. Lazarus stated his delight that someone at
DOI is working on issues related to environmental
justice. He expressed concern that DOI was
focusing on NEPA as the only tool for promoting
environmental justice. Mr. Lazarus stated that, if
DOI is to make a difference in the, area of
environmental justice, the; department must
identify other applicable statutes. He cited the
Federal Land Policy and Management Act, the
Surface Mining and Control Reclamation Act, and
other reclamation laws, as examples of legislation
under which environmental justice could be
pursued. Mr. Lazarus further explained that the
requirements of NEPA enables the identification,
but does not solve problems.
Ms. Lillian Kawasaki, Los Angeles Department of
the Environment, also expressed her agreement
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with Mr. Lazarus; however, she stated she also is
concerned that DOI is not issuing guidance on to
the implementation of NEPA. Ms. Moore stated
that, although DOI isdeveloping guidance on
NEPA; the process is delayed because the
department wishes its guidance to agree with the
draft guidance on NEPA being prepared by the
White House Council on Environmental Quality
(CEQ). She stated further that DOI no longer can
wait for CEQ's final guidance and will issue its
own document Ms. Gaylord stated that the CEQ
document still was not final. Ms. Kawasaki asked
whether the NEJAC could obtain an update on
the status of the guidance. Ms. Gaylord stated
that the last report her office had received from
CEQ was that CEQ received more than 200
comments from the public on the draft guidance
and that CEQ now is responding to the
comnrjgnts. She recommended that a resolution
from the NEJAC might help to move the process
along. Mr. Moore asked Ms. Gaylord to note that
recommendation and that the NEJAC would
discuss this issue at length at some point during
the current meeting.
Mr. Hankins asked Ms. Moore whether DOI was
involved in the proposed Redskins Park in
Landqyser, Maryland. Ms. Gaylord replied that the
U.S. Department of Transportation (DOT) is
conducting the EIS.
*tri " '• ;" , '. i .;<(! , ,'.'•'" ; '•
Ms. Benaily asked whether there had been any
progress, especially in DOI's Bureau of Indian
Affairs (BIA),, to appoint environmental justice
coordinators in BIA's 12 regions to provide to
Native American communities outreach related to
environmental justice. Ms. Moore stated that,
while she could not speak specifically for Ms.
Faith Russell, Deputy Assistant Secretary, BIA,
she believes that adequate staffing is an issue.
{Vis. Moore stated that it is crucial to persuade
Ifianagirs at DOI to understand that someone
must t>e, devoted full time to issues related to
environmental justice. Ms. Moore also stated that
she would ensure that the issue would be placed
on the agenda for the next meeting of the IWG,
scheduled for January 1997.
7.1.6 Victoria Cox, Environmental Justice
Working Group
'
Ms. Virginia Cox, Environmental Justice Working
Group in the District of Columbia, works with the
Prince George's County, Maryland Coalition of
Civic Associations, to protect the health, welfare,
and environment of more than 35 communities
located near Interstate 495 in the Washington,
D.C. metropolitan area, she explained. Ms. Cox
stated that she came to inform the NEJAC about
an environmental justice issue related to the
proposed construction of a new stadium for the
Washington Redskins football "team. She stated
her beliefs that Governor Parris Glendening of
Maryland and Mr. Wayne Curry, member of the
Prince George's County Council, have ignored
the needs of their constituents who have spoken
against the siting of the stadium in a community of
people of color.
Ms. Cox also stated that the siting of the stadium
required a permit from the U.S. Army Corps of
Engineers (USAGE) and approval of a point of
access by DOTs Federal Highway Administration
(FHWA). The preparation of the EIS by FHWA,
Ms. Cox stated, ignored concerns expressed by
EPA Region III and DOI's. Fish and Wildlife
Service about issues related to conformity with air
standards and wetlands. She added that neither
FHWA nor USAGE had addressed cumulative
effects to human health on the communities that
would be affected by the building of the stadium
because it is the role of the state to address such
concerns. Ms. Cox stated further that the data the
FHWA had used irj ifs ajr conformity mitigation
plan had been supplied by a contractor that had
a conflict of interest in dealing with the issue.
Ms. Cox asked that the NEJAC request that EPA
respond to her working group and the coalition on
its discussions with FHWA and USAGE about
recinding their approval of the construction until
the EIS addresses the concerns expressed by
members of the community. Mr. Hankins asked
whether Ms. Cox had cited Title VI of the Civil
Rights Act of 1964 in her complaint and what
results she had obtained. Ms. Cox replied that
the coalition is pursuing all administrative
avenues before taking the issue into the court
system; however, the coalition does have a suit
pending and, at the state level, had challenged
the zoning of the stadium. On November 18,
1996, the working group and the coalition had met
with the CEQ, DOT, USAGE, and the Maryland
State Highway Administration to address the
weaknesses in the EIS, she reported. At the
meeting, the FHWA had agreed to investigate the
EIS follow-up by the CEQ, she said. Since then,
Ms. Cox stated, FHWA had announced that the
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EIS was sufficient and that it was not obligated to
perform additional assessments.
Ms. Ferris asked Ms. Cox whether, at any time
during her discussions with the various federal
agencies involved in the EIS, 'had any mention
been made of the draft NEPA guidelines issued
by CEQ. Ms. Cox answered that her organization
had called the document to the attention of FHWA
and USAGE, but that her organization cannot
seek relief from CEQ because CEQ has declined
to become involved because the highway
administration is the lead agency.
Ms. Gaylord commented that EPA is addressing
issues related to NEPA and environmental justice
throughout the agency. There has been a
struggle to get Federal agencies to be mindful of
adverse social and cultural effects, she
acknowledged. Ms. Gaylord also stated that DOT
has been working with EPA to address the issues
related to NEPA; however, she added that, for
several NEPA EIS cases, DOI had investigated
socioeconpmic effects on communities. Ms.
Ferris then requested that the NEJAC
recommend that the Enforcement Subcommittee
issue a resolution that the CEQ issue its guidance
on NEPA as soon as possible.
7.1.7 Abraham Lincoln, Prince George's
County Coalition of Civic Associations
Mr. Abraham Lincoln, Prince George's County
Coalition of Civi'c Associations, stated that he
represents community organizations near the
Wilson Farm, the proposed site of the new
Washington Redskins stadium in Maryland. Mr.
Lincoln explained that the farm, approximately
, 300 acres in area, originally was set aside as a
regional park for hiking and bicycling trails. Mr.
Lincoln also stated that the site is home to Bright •
Seat Fossil Field, one of the oldest fossil fields in
the country,. Mr. Lincoln stated his belief that the
issue boils down to money and politics" and that
the people of Maryland are not receiving a fair
deal. Mr. Turrentine then stated that the
contractors for the stadium are the source of
pressure on the issue and that he would supply
Mr. Lincoln with the names of those contractors.
(Section 7.1.6 of this chapter presents additional
discussions of the siting of the Washington
Redskins stadium.)
7.1.8 Lucy Harrison, American Indian Health
and Family Services
Ms. Lucy Harrison, American Indian Health and
Family Services, stated that she was present to
express the concerns of the Walpole Island First
Nation Indian tribe of Ontario, Canada about the
dumping of radioactive wastes into the St. Clair
River by Imperial Chemical Industries (ICJ), a
British-based corporation. First Nation, she
stated, had brought legal action against ICI to
prevent the dumping of 750 billion gallons of toxic
waste from wastewater collection ponds located
at the closed ICI plant in Sombra, Ontario.
(Sections 6.1.9 and 6.1.10 of this chapter also
present comments about the issues at Walpole
Island, Ontario Canada.)
Ms. Harrison explained that over the past 10
years, First Nation had witnessed a rise in the
number of incidences of cancer which they
believe are related to the pollution in the river.
Her main concern, she stated, is the amount of
lead in the waters surrounding Walpole Island.
She also is concerned, she said, that the
Michigan DEQ supports the decision of the
Ontario, Canada, Prevention Water Assessment
Board to allow the proposed dumping. The
people of Walpole Island no longer can swim in or
drink the water, she stated; in addition, many still
depend on the water and land for subsistence.
Ms. Harrison also noted that she is trying to
establish a dialogue with the Center for Disease '
Control and Prevention (CDCP) in Atlanta,.
Georgia.
Ms. Ramos stated that several members of the
NEJAC represent industry and that they might be
able to offer advice to Ms. Harrison. Mr.
Lawrence Hurst, Motorola Inc., replied that while
he cannot speak for ICI, he would suggest that
Ms. Harrison contact ICI to identify its strategy for
working with communities. He noted that many
large companies, especially those that operate
internationally, are dealing with this issue from the
standpoint.working of with the community and
determining technical feasibility: Mr. Hurst further
explained that in some cases it is not just a matter
of cost but whether the options are technically
feasible. He stated that he believes that most
responsible companies are identifying better
methods of working with members of
communities. Mr. Hurst suggested that the
NEJAC can contact ICI through the Business
Network for Environmental Justice to open a
dialogue between First Nation and ICI. Ms.
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Gay lord thanked Ms. Lee for her many
contributions to environmental justice. She also
announced that Ms. Lee was to be replaced by
Ms. Angela Chung, EPA OEJ.. - ' • ;
Comments offered during the public comment
period held on December 11, 1996 are
summarized below, in the order in, which they
were made.
7.2.1 Grace Hewell, Health Policy Group
Ms. Grace Hewell, Health Policy Group, began
her comments with a tribute to the hard work of all
current and former members of the NEJAC and
stated that, in 30 years of service to the federal
government, she had never encountered an issue
as complex as environmental justice. She
informed the members of the NEJAC that she had
been able to host one of the many follow-up
conferences to the United Nations Fourth World
Conference on Women, held in Beijing, China in
1995, in Chattanooga, Tennessee, despite any
budget and resources. Ms. Hewell explained that
the she had developed partnerships with
"everyone under the sun" to make the conference
a success. The theme of the conference, Work
and the Family, she stated, had been chosen
from an issue of "Business Week". Ms. Hewell
explained that by focusing on those two themes,
she had been able to obtain corporate
sponsorship from such companies as Coca-Cola
and the DuPont Corporation.
, Ms. Hewell also remarked that she had attended
to the NEJAC meeting to learn President Clinton's
position on environmental justice, since the issue
had not been mentioned in the presidential
campaign. She concluded with a statement of her
belief, that "there is something wrong when an
interagency working group such as the IWG is not
able to assist groups such as NEJAC at the top."
Ms. Ferris thanked Ms. Hewell for her
presentation and acknowledged her dedication to
social issues over the years. Mr. Lee agreed with
Ms. Hewell statement about the IWG by saying
that agency strategies should be developed to
better link the role of the White House and the
IWG in addressing environmental justice issues.
7.2.2 Lily Lee, EPA Off ice of the
Administrator
Ms. Lily Lee, Special Assistant for Environmental
Justice, EPA Office of the Administrator, stated
. that without such leaders in environmental justice
as the members of the NEJAC, EPA would not
have an Office of Environmental Justice, an
executive order on environmental justice, a
federal advisory committee on environmental
justice, or an interagency working group to
address environmental justice. She told the
members that she has enjoyed working with the
environmental justice movement for the past five
years. She then expressed her confidence in Ms.
Chung's ability and strong commitment to
environmental justice. Ms. Lee then presented to
Ms. Chung a poster that had been given to Ms.
Lee when she began her work in environmental
justice. The poster, she explained, says,
"Amandla Ngawethg," which in the Sutu language
means, "Strength is ours." Ms. Lee said she as
passing the poster on to Ms. Chung to remind her,
when she becomes frustrated with the
bureaucracy, that the people ultimately will
prevail.
Ms. Lee then presented a Native American dream
catcher to Mr. Alex Varela, OEJ, in recognition of
his vision that she said had shaped the
development of environmental justice within the
agency. To Ms. Gaylord, she presented a bow
and arrow made by the Terena tribe of Southern
Brazil. She explained that she wishes to honor
Ms. Gaylord, as a fighter for the work she has
done for environmental justice. Ms. Lee
.presented her final gift, an owl mask made by the
Aymara people in the Alti Piano, Bolivia, to Mr.
Moore to recognize his wisdom and strength.
Mr. Lee recommended that the NEJAC pass a
resolution commending Ms. Lee for her dedication
to and work in the environmental justice
movement. Mr. Lee also commented on different
styles of leadership, noting in particular that
Asian-Americans often do not employ the same of
leadership style that is found in the Caucasian
culture. He stated that Ms. Lee is an example of
an individual who draws on her cultural
background to exercise effective leadership. For
that, he declared she should be commended.
7.2.3 Linda Safley, Environmental Crisis
Center
Ms. Linda Safley, Environmental Crisis Center,
offered several recommendations to enhance
efforts under the environmental justice
movement:
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• Communities must come together with grass
roots efforts and speak out at public hearings.
• Use of mapping software, such as LandView
II, to generate public awareness about
dealing with urban environmental justice
issues
: Use of educational tools to learn about
glowing things in greenhouses in the urban
areas ' ,
• Better management of new technologies to
overcome urban problems, although using
technology as a quick fix to problems is not
necessarily beneficial to the environment
With our efforts of wording together with people
and nature, we will be able to create a sustainable
society, Ms. Safley continued, that is not so
dependent upon energy consumption and which
conserves resources, saves the water supply, and
produces cleaner, healthier air. Until we
accomplish some these things, we can say then
we have acquired environmental justice, Ms.
Safley said. Science steers us in many directions,
she state, and if we focus our energy toward living
in a way in which living sustainable has become
a way of life, the future holds many surprises, she
concluded.
7.2.4 Wynella Brown and Lemona Chandler,
Concerned Citizens of John F.
Kennedy Senior High School
Ms, Wynella Brown, Concerned Citizens of John
F. Kennedy (JFK) Senior High School, New
Orleans, Louisiana reported that on November
18, 1996, EPA had informed the faculty and
students of JFK, that the school had been built on
a toxic waste dump 29 years earlier. She
expressed concern about the types of toxins to
which the faculty and students are expose and
the efff cts of such exposure. Ms. Brown stated
that six members of the school's faculty have
been diagnosed with cancer.
i " ,:' '"|! , ' ' / , ' • .''"" ' ' ' '
Ms. Lemona Chandler, a member of the same
organization, continued by stating that the
community is developing educational awareness
programs to address the concerns outlined by Ms.
Brown; however, she said, fundraising and
applying for grants is necessary to support such
programs. The community, she explained, has
developed partnerships with local colleges and
universities, including with Mr. Entwine Renee,
Loyola University and the Deep South Center for
Environmental Justice; Xavier University, led by
Ms. Beverly Wright, former member of the
NEJAC. In addition, Ms. Chandler stated that the
community has developed a partnership with the
Louisiana Office of Public Health.
Ms. Chandler explained that the community also
will initiate field studies to be conducted by the
students in the JFK High School Science Club,
with the assistance of Mr. Howard Milke, Xavier
University. The students will learn to collect and
test water and soil samples, she said. The next
phase, Ms. Chandler stated, will involve working
with EPA to develop an environmental science
curriculum and programs for the high school.
Ms. Ramos asked how old the school is and how
long EPA had known that the school had been
built on a dump. Ms. Brown replied that the
school is 29 years old but that she did not know
how long EPA had the information about the
dump site. Ms. Brown also stated that the
community is not aware'of the technical aspects
of the issue — the type of dump or how the dump
was covered. EPA, she explained, had issued a
fact sheet to the community; however, the
members of the community wish to educate
themselves about what is happening to them, she
emphasized. Ms. Brown requested NEJAC's
assistance iri helping the community learn how to
better participate in the decision-making process.
Ms. Ramos asked whether EPA had established
a working group with the community. Ms. Brown
replied that EPA had established the School
Validation Site Committee to serve in that
capacity.
Mr. Cole asked whether the issue should be
referred to the Health and Research
Subcommittee and stated that the NEJAC should
question EPA about when it discovered that the
school had been built on a dump. Mr. Lee stated
that the comments of Ms. Brown and Ms.
Chandler presents two questions: one involves
the issue of environmental education and the
other requires the consideration of the
environment of those we are trying to educate.
Continuing, he stated that the condition of schools
"is an entire agenda in itself that has not been
addressed seriously.
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Ms. English stated that the issues in the case
extend beyond health and research to facility
siting and enforcement, as well. She stated that
the Health and Research Subcommittee would
look into the issue but that she believes others
should do so, as well. Ms. Ramos asked whether
the NEJAC could assist the community in
applying for a grant to continue its educational
planning. Ms. Gaylord stated that OEJ would
send the school or the community an application
for a small grant to help it develop educational
programs. Mr. Moore requested that the issues
related to the school be referred to the Health and
Research Subcommittee for further review. Ms.
Gaylord added that the case also would be
referred to the appropriate EPA regional office.
Mr. Moore commented that at the next NEJAC
meeting, the NEJAC should discuss issues
related to environmental education.
7.2.5 Shelley Davis, Farmworkers Justice
Fund
Ms. Shelley Davis, Farmworkers Justice Fund,
stated that the Fund, located in Washington, D.C.,
is. a nonprofit organization that provides
assistance to migrant and seasonal farmworkers
throughout the United States. She stated that
EPA estimates that tens of thousands of
farmworkers are poisoned each year because of
occupational exposure to pesticides. According
to the Bureau of Labor Statistics, she noted,
farmworkers suffer the highest rate of chemical-
related illness of any occupational group. Ms.
Davis explained that farmworkers face two
problems: unsafe pesticide handling practices on
farms and the dangerous nature of pesticide
products. Ms. Davis stated that EPA must
address those concerns because most
farmworkers are not able to voice the issues
directly to their employers because they face"
retaliation and intimidation. •
Ms. Davis then stated that she believes that the
Federal Insecticide, Fungicide, and Rodenticide
Act (FIFRA) of 1972, which regulates pesticides,
has three flaws. The first flaw, she stated, is that
in 1972 the U.S. Congress required health testing
of pesticides; 25 years later, the majority remain
untested, she said. Therefore, she. said, no one
knows the full extent to which those substances
can cause chronic harm to people. Ms. Davis
stated that the second flaw lies, in the process of
removing a product from the market. To do so,
EPA is required to perform a cost-benefit
analysis, demonstrating that the harms caused by
the product outweigh the benefits it produces.
The final problem, Ms. Davis explained, is that
under FIFRA pesticides are evaluated on a
chemical by chemical basis, rather than on how
they work together.
Ms. Davis then announced that the U.S. Congress
recently had passed the Food Quality Protection
Act, which regulates pesticides on food crops and
the food tolerances that result. She stated that
the law will provide EPA with a new tool in
considering aggregate exposures to pesticides
and pesticides that have common mechanisms of
toxicity or harm. Ms. Davis added that the law will
allow EPA to focus on the special susceptibility of
children. ,
Ms. Davis stated that EPA should address its
research efforts specifically to the effects of
pesticides on children of farmworkers because
children are more vulnerable to pesticide
poisoning than adults. The children of
farmworkers often live and play hear the fields
where pesticides are applied, she said. Ms. Davis
requested that the NEJAC adopt the issue as a
resolution to ensure that the children of the
farmworkers are protected against further
exposure to pesticide. Ms. Davis also
commented that another way EPA can help
protect farmworkers is through the worker
protection standard; however, the standard itself
is systematically weak, and it has not been
implemented or enforced, she stated.
Ms. Ferris requested that the issue be referred to
the Enforcement Subcommittee for review by the
subcommittee's work group on worker protection.
She also stated that the work group had begun to
address several of the issues raised by Ms.
Davis. Mr. Hill added that FIFRA sets forth the
lowest penalty provisions among Federal
environmental statutes; this might be another
area for the Enforcement Subcommittee to
examine, he suggested.
Ms. English stated that the Health and Research
Subcommittee was to forward a resolution to the
NEJAC requesting that the NEJAC assist in the
planning and implementation of the Children's
Environmental Health Conference and that this
issue should be placed on the agenda for that
meeting. ,
Mr. Velasquez expressed thanks to Ms. Davis for
her work and that done by the Farmworkers"
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Justice Fund over the years. He then
recommended that in their discussions about the
Food Quality Protection Act, the Health and
Research Subcommittee make children of
farmworkers a "sentinel" population. Related to
the worker protection standard, he explained that
the work group on worker protection is a joint
effort by the Enforcement and International
subcommittees which is working with farmworkers
organizations to develop recommendations for
the worker protection standards. Mr. Velasquez
explained that the work group is awaiting receipt
of the final report on EPA's recent hearings on the
,* standard.
•i. • ;!,,:,!' ' • '' . . iijijji ;'!: „;, ,. , ' • • i ; !
Mr. Prout, International Brotherhood of
Teamsters, stated his desire to "go on record" as
an employee for a manufacturing company that
produces pesticides. He asked to participate in
the work group. He stated that some of the
information presented to the work group was not
accurate and 6y working together the members
could strengthen the presentation. Mr. Velasquez
• responded that he would welcome Mr. Prout's
participation.
7.2.6 Carl Custalow, Mattaponi Indian
I;;'1: Reservation i ,,,, , : , ,.^
Mr. Carl Custalow,, Mattaponi Indian Reservation,
stated that city of Newport News, Virginia has
entered into an agreement with King William
Courjty, Virginia to construct a pumping station
and reservoir one mile from the Mattaponi Indian
Reservation,The agreement would allow the city
of Newport to pump 75 million gallons per day of
water from the Mattaponi River into a reservoir
from which it would sell water to nearby
communities, he said. In addition, the city,
intencjs to flood 2,200 acres, including 524 acres
of wetlands, he explained. Mr. Custalow stated
that approximately 112 Native American sites
have been found in the area and the flooding also
will affect bald eagles that nest in this area.
Mr, Custalow also expressed concern about the
effect the pumping of water will have on the
salinity of the River, because the reservation
operates a shad fish hatchery that replenishes the
stock of the river. He stated that the Mattaponi
have fished the river for hundreds of years and
depend on the fish for subsistence. Mr. Custalow
requested that the NEJAC advise the EPA
Administrator that issues related to the
environmental, cultural, and spiritual effects on
the Indian reservation have not been taken into
consideration in the development of the EIS for
the proposed projects.
Mr. Hill stated that the Indigenous Peoples
Subcommittee also had considered the issue,
which he characterized as an environmental
justice issue involving the U.S. Corps of
Engineers (USAGE) and any other agency that
"blessed" the EIS that had been conducted for the
proposed projects. He also stated that the
proposed projects not only have a great
environmental effect, but also will interfere with
the cultural way of. life of the Mattaponi people
and possibly destroy thousands of years of history
related to the Native American sites. Mr. Hill then
announced that the Indigenous Peoples
Subcommittee would be forwarding to the NEJAC
a resolution addressing the issues and requesting
that EPA Region III review the EIS to ensure that
cultural considerations have been addressed.
Ms. Benally added that when an EIS is conducted
EPA often considers the cultural effects only from
an archaeological perspective; it does not
consider the cultural implications of the project,
she said.
Ms. Kawasaki reemphasized that the CEQ must
issue the NEPA guidelines related to
environmental justice. She said she believes the
lack of guidance is a "good excuse" for federal
agencies to overlook issues related to
environmental justice when fulfilling the
requirements of NEPA. Mr. Turrentine strongly
expressed his frustration that the lateness of the
CEQ guidelines continues to be an issue, referred
to by almost every person offering comments. He
also commented that the NEJAC will continue to
hear comments such as that of the Mattaponi as
long as there remain people responsible for public
policy who do not believe that the culture and
history of communities are important factors in the
decision-making process. He declared that
members of communities must become active at
the local level to ensure that planning
commissions reflect the views of the communities
they represent.
Ms. Ferris stated that the issue the Mattaponi are
facing is similar to that faced by communities
living along the Columbia River when water was
diverted to irrigate fields in southern California.
She observed that regulatory agencies are "not
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learning their lessons." Ms. Ferris also
commented on the delay by CEQ in the issuance
of the NEPA guidance, recommending that Mr.
Moore and several other members of the NEJAC
meet with Ms. Kathleen McGinty, CEQ, to discuss
the delay.
7,2.7 Louise Benally and Mervyn Tilden,
Sovereign Dineh Nation
Ms. Louise Benally, Sovereign Dineh Nation,
stated that her community, located in Black Mesa,
Arizona, faces forced relocation by March 31,
1997. She stated that her community's ways of
life and religion have existed longer than any
corporation or the federal government Declaring
that environmental justice must be implemented
for a community, not just discussed, Ms. Benally
called to the attention of the NEJAC a declaration
developed on behalf of other indigenous peoples
facing similar situations.
Ms. Benally then explained that her people are
"victims of the federal agencies who allow the
destruction of the earth to continue." She
expressed her fear that the future of her people is
uncertain, pointing out that they have witnessed
the destruction of other indigenous peoples. Ms.
Benally explained that the Navajo Nation tribal
government does not represent her community
because, she said, today the beliefs and
principles of the Navajo tribal government are
based on "white man's laws." She then reminded
the members of the NEJAC that Leonard Peletier,
"was imprisoned because he attempted to defend
his community's natural resources." She
requested that the NEJAC recommend that he be
set free. .
Mr. -Mervyn Tilden of the same organization,
called to the attention of the NEJAC a number of
issues related to environmental justice. He began
by presenting four proposals to strengthen
Executive Order 12898 on environmental justice
which were developed at an environmental justice
summit held in Albuquerque, New Mexico:
• A call to end violence against indigenous
peoples and others who tend to the earth
• A call for preventive and remedial health
services in affected communities and for the
fulfillment of the trust responsibility and treaty
obligations owed to Native Americans by the
U.S. Government
• A call for a moratorium on new permits, the
siting of new facilities, and environmental
discharge permit, applications, as well as
expansion of existing facilities and landfills in
disproportionately affected communities
• A call for the official recognition of traditional
indigenous culture and councils of tribal
elders, as "keepers of the first instructions,"
who are experts qualified experts to assist in
institutionalizing environmental justice.
Mr. Tilden called the attention of the NEJAC to the
proposed highway project in Albuquerque, New
Mexico that would destroy the Petroglyphs
National Monument, a sacred Native American
site. He stated that the issue had been brought
before the Waste and Facility Siting
Subcommittee. Mr. Tilden also invited the
members of the NEJAC to .host its next meeting at
Red Rock State Park near Gallup, New Mexico,
five miles north of a potential uranium mining site.
He stated that the final EIS for this project was to
be released in January 1997. Mr. Tilden stated
that his community and other groups had
petitioned the Nuclear Regulatory Commission
(NRC) to respond to their concerns about the
project. . •
Mr. Tilden also informed the NEJAC that, on
October 17, 1996, at a site six miles south of
Black Mesa, New Mexico, the Ballistic Missile
Defense Organization had begun a theater
missile defense initiative that launches missiles
from Fort Wingage Army Depot to White Sands
Missile Range. He explained that the
organization is performing tests on the missiles,
which are the same as those used in the Persian
GulfWar.
Mr. Tilden concluded his remarks with a request
that President Clinton be invited to the next
NEJAC meeting so that he can demonstrate by
his attendance his commitment to environmental
justice.
Mr, Moore stated his understanding that many of
the issues presented by Ms. Benally and Mr.
Tilden also had been presented to the Indigenous
Peoples Subcommittee. He recommended-that
the declaration that Mr. Tilden presented be
shared with the International Subcommittee. He
then asked whether the Indigenous Peoples
Subcommittee had discussed the situation
surrounding Mr. Peletier. Mr. Hill replied that the
subject had not been discussed by the Indigenous
Baltimore, Maryland, December 10 through 12,1S96
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Peoples Subcommittee. Mr. Velasquez stated his
strong belief that this issue could be deferred no
longer He made a motion that the NEJAC go on
record today "calling for the freedom of Leonard
Peletier.'' He added that "it is time and long
overdue to release this; man who was framed and
who did not receive due process of the law." Mr.
Cole seconded the motion.
Mr. Moore stated that the course of action would
be to send a letter to the Administrator of EPA
requesting that she recommend the release of Mr.
Peletien however, he asked that the issue be
opened for discussion by the NEJAC. Mr. Prout
stated that, being unfamiliar with the case; he
would not feel comfortable voting on the issue.
Mr. Velasquez then suggested that, if there were
enough members familiar with the case to vote,
those who were not 'gguld abstain, Mr- Prout
replied that the suggestion was acceptable. Ms.
Saika stated that she also believes strongly that
the NEJAC must go on the record because the
imprisonment of Mr. Peletier is unjust.
Ms. Gaylord then stated that Mr. Varela, who is
the legal advisor to OEJ, wished to address the
NEJAC about the motion. Mr. Varela starting that
he is familiar with the case, Mr Varela expressed
his concern about the NEJAC's involvement such
a clearly political question without examining
through the Indigenous Peoples Subcommittee,
its the feleyance to environmental justice. Taking
action with this examination might hurt the
'Credibility of the resolution. Mr. Moore agreed,
starting that those who draft the letter must be
careful to establish very clearly the relevance of
Mr. Pejetler's case to environmental justice. Mr.
Moore then called for a vote on forwarding a letter
to the EPA Administrator about the case of Mr.
Peletier. The members approved the motion.
Mr. Moore then asked for volunteers to draft the
letter, noting that the concerns Mr, Varela
identified should be considered. Ms. Ferris
recomperided that Ms, penally and Mr. filden
also b§ involved in the drafting of the letter. Mr.
Cole, Ms. Christine Benally, and Ms. Herrera
volunteered to draft the letter.
Ms. Kawasaki requested that the Indigenous
Peoples Subcommittee work with the Waste and
Facility Siting Subcommittee on the issue related
to Petroglyphs National Monument.
7.2.8 Vernice Miller, Natural Resource
Defense Council
Ms. Vernice Miller, Environmental Justice
Initiative, Natural Resource Defense Council,
stated that the environmental justice community
must provide significant comments on changes in
the particulate matter standard proposed by EPA
and in upcoming Superfund reauthorization. She
said that she believes that the NEJAC, particularly
the Enforcement Subcommittee and the Waste
and Facility Siting Subcommittee, should provide
guidance. She stated that the public hearings on
the changes in the particulate matter standard
were to take place over the next six weeks; most
communities, she noted, are not aware that the
process is taking place, nor do they understand
the significance of the proposed changes. Ms.
Miller explained that industry is building a well-
funded campaign to prevent EPA from changing
the standard.
Ms. Ferris stated that her organization, the
Washington Office on Environmental Justice, was
to focus on issues related to Superfund
reauthorization; however, she said she believes it
would be difficult for the NEJAC to take a position
on reauthorization. She also agreed with Ms.
Miller that very few people are aware of the
proposed changes in the particulate matter
standard; however, she added, environmentalists
have been in contact with Administrator Browner.
Ms. Ferris stated that the Enforcement
Subcommittee had established a working group
to address air issues and which was examining
the proposed changes in the standard, as well as
EPA's trading program for air emissions credits,
Title Vl implementation; and regulations
governing air toxins.
Mr. Lee also stated that both issues had been
raised during the meeting of the Waste and
Facility Siting Subcommittee and both issues had
been placed on the agenda. Mr. Lee agreed with
Ms. Ferris that it would be difficult for NEJAC to
take a definite position on' Superfund
reauthorization; however, that does not prevent
the NEJAC from addressing issues related to
environmental justice and community participation
relevant to Superfund, he pointed out. Ms. Miller
stated that she believes that the public dialogues
conducted on brownfields redevelopment and the
relocation foundtable meeting are examples of
processes that have helped shape EPA's thinking
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by bringing EPA into direct contact with members
of the public. Without similar dialogues for the
proposed changes on the particulate matter
standard and Superfund reauthorization, she
continued, communities will not have a true
opportunity to voice their concerns.
Mr. Ray requested that OAR brief the NEJAC on
the status of issues related to air quality, such as
the particulate matter standard. He also
suggested that the Health and Research
Subcommittee examine the issue. Ms. Gaylord
stated that she would forward the request to OAR
and asked Ms. English to suggest that the Health
and Research Subcommittee consider the issue,
particularly the health concerns related to the
proposed changes in the particulate matter
standard.
Ms. Kawasaki asked what opportunities other
than its meetings might the NEJAC have to
participate in public comment. Ms. Gaylord
responded that the subcommittees can meet
through telephone conferences, or through the
mail. She cautioned Ms. Kawasaki, however, that
members do not have a good record of returning
{mail votes. Mr. Lee noted that the NEJAC too
often is caught in that situation. He suggested
that a strategy be developed to allow the NEJAC
to avoid delays. Ms. Gaylord asked Mr. Lee if he
was proposing a motion. When Mr. Lee stated
that this issue of how the NEJAC operates should
be discussed, Ms. Gaylord suggested that the
issue be placed on the agenda of the next
meeting of the Protocol Committee.
Mr. Ray requested that the NEJAC recommend
that EPA extend the public comment period
related to the proposed changes in the particulate
matter standard.
7.2.9 Steven Lee, Heritage Arboretum of the
Heritage Museum
Mr. 'Steven Lee, Heritage Arboretum of the
Heritage Museum, Baltimore, Maryland stated
that the Heritage Museum is a organization of
people of color that comprises indigenous
peoples of Africa and the Americas. He
explained that, in developing its conservation
program for indigenous wildlife of the area and
Gwyns Falls, the museum has encountered
difficulty in finding support for such environmental
initiatives. He complained that the dominant
environmental organizations continue to receive
funding for programs involving people of color
communities but that the "real" community
organizations continually are turned down for
funding to perform the programs ourselves. Mr.
. Lee acknowledged that environmental justice
grants have helped, but then asked why funding
sources for people of color organizations are
limited to environmental justice grants. He urged
the NEJAC to investigate the inequity in the EPA
grants process. If there was greater equity within
the award process, he concluded, fewer cases
would be presented.
Mr. Moore stated that NEJAC had formed a work
group to address issues such as those raised fay
Mr. Lee. Ms. Ferris added that the work group
has two charges. The first, she explained, is to
conduct an analysis of EPA's environmental
education program, assess the environmental
education grants program and develop
recommendations to EPA based on that analysis,
a recommendation that environmental justice
criteria be considered in the grants process. Mi.
Ferris then stated that the second charge of the
work group is to assess the process that EPA
applies in awarding all grants.
7.2.10 Michael Randolph, Northwest
Baltimore Corporation
Mr. Michael Randolph, Northwest Baltimore
Corporation, Baltimore, Washington, addressed
the issue of preventive care to avoid future health
problems. He cited two examples that involve
low-income communities. He stated that The
Johns Hopkins Hospital had prepared a recent
report on the transmittal of diseases from rats to
humans, especially children. Mr. Randoph
explained that, in low-income communities,
children's playgrounds also are playgrounds for
rats, with which the children come in contact. He
'stated that the problem is a serious concern in his
community. Second, he said that in an effort to
fight the drug problem, parks and community
gardens are created; however, those areas are
not tested for such substances as lead. Members
of the community garden there and eat food
'produced, which contains lead from the soil, he
explained. Mr. Randolph stated in conclusion
that, if preventive measures were put in place,
future health problems could be avoided.
7.2.11 Kery Wilkie, National Puerto Rico
Coalition
Ms. Kery Wilkie, National Puerto Rico Coalition,
stated that there has been no significant
Baltimore, Maryland, December 10 through 12,1996
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mdvement to clean up the nine Superfund sites
located in Puerto Rico that are listed on the
National Priorities List (NPL) of sites most in need
of cleanup. The coalition, she said, recommends
that EPA develop a list that communities near the
sites can use to monitor activities related to the
sites and that a plan to develop the tracking list be
issued within six months. Ms. Wilkie also
requested that EPA ensure that Puerto Rican
community organizations have significant
participation in the redevelopment of brownfields
and that the process focus on the economic
benefits of redevelopment, as well as the cleaning
" up the sites. " '^ " \
Ms. Wilkie also stressed her support for federal
agencies, such as EPA, HUD, and the U.S.
Department of Labor, ail of whose programs have
significant effects on communities in Puerto Rico.
Mr, Lee noted that issufs, set forth by Ms. Wilkie
were discussed by the Waste and Facility Siting
Subcommittee and that the NEJAC should
address the issues in the context of th§
jurisdiction of territorial governments. He also
restated his earlier comment that the NEJAC
must integrate the issues presented to it "to avoid
fragmentation."
t::' ," "i" ." • '.i''*! i" '-' • • '• * '•' ':" '. ' "
7.2.12 Zulene Mayfield, Chester Residents
Concerned for Quality Living
Ms. Zulene Mayfield, Chester Residents
Concerned for Quality Living, Chester,
Pennsylvania, stated that she had provided
comment at the December 1995 meeting of the
NEJAC about the many hazardous facilities
located in Chester, Pennsylvania, including:
• An incinerator operated by Westinghouse that
bums 2,700 tons of garbage a day
'• An enclave of infectious medical waste
disposed of by ThermalPure
• A sewage treatment facility operated by the
Delaware County Regional Authority
(DELCORA) that incinerates sludge
Ms, Mayfield also stated that 90 percent of all the
toxins and recognized air pollutants released in
Delaware County, Pennsylvania originate from
sources in the Chester area and that all municipal
solid waste in Delaware County is burned at the
Westinghouse incinerator. Ms. Mayfield
announced, however, that today she had "a few
victories" to share with the NEJAC. She
explained that her organization had filed a citizen
complaint against DELCORA because the facility
was emitting high levels of arsenic. The
organization currently was engaged in
.negotiations with the facility, EPA, and the DOJ to
come to closure, she reported.
Ms. Mayfield stated further that a local firm had
received a permit to bring 960 tons of
contaminated soil into Chester to burn off the
petroleum contaminants in the soil, despite a local
ordnance prohibiting such companies from
operating in Chester unless they could prove that
there would be no net increase in pollution. The
local ordnance, Ms. Mayfield stated, prevented
the company from building the proposed facility
because the state permit expired before the
company could "have the ordnance removed".
Ms. Mayfield also announced that her
organization had hosted an environmental justice
conference in the city of Chester in February
1996. The schools that had attended formed the
Campus Coalition Concerning Contamination (C-
4), she said. C-4, comprising approximately 10
colleges and universities, focuses its activities
solely on resolving the issues faced by the
Chester community, she added, Ms. Mayfield
also stated that one of the students had filmed a
documentary about Chester, "The Chester
Neighborhood Fights for its Future." Ms. Gaylord
then stated that, if Ms. Mayfield should wish, she
can have copies of the tape made for the
members of the NEJAC. Ms. Mayfield responded
positively to the suggestion.
Mr. Moore congratulated the Chester community
for its hard work and dedication to cleaning up
their city. He also reminded thie members of the
NEJAC and the participants in the meeting that
the public comment period is meant to be a
means of communicating victories and success
stories, as well as presenting serious issues to be
addressed by the NEJAC.
7.2.13 Julio Rodriguez, COTICAM
Mr. Julio Rodriguez, COTICAM, stated that
COTICAM is a nonprofit organization that
promotes the preservation and conservation.of
the environment and natural resources. He then
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described several environmental success stories
in which COTICAM played a role. Mr. Rodriguez
then presented three recommendations to the
NEJAC. First, that EPA should evaluate the
possibility of holding a meeting of the ,NEJAC in
Puerto Rico to witness the effective
communication between EPA Region II, Puerto
Rico, and other Caribbean areas, and to
communicate its message to be transmitted
beyond the continental borders of the United
States.
Second, the concept of environmental justice
should take into account the lack of wisdom in the
traditional concept of applying uniform rules to
situations that are not similar, Mr. Rodriguez
remarked, before offering a third recommendation
in which the NEJAC request that EPA fund
epidemiologic studies to identify causal
relationships, as well as influence state regulatory
agencies to pursue such of studies.
Ms. Ramos then stated her strong belief that then
EPA must understand that the people of Puerto
Rico are not a homogeneous group and that the
island has many complex environmental
problems. She stated that the invitation to host a
meeting of the NEJAG in Puerto Rico had been
issued by people who drink water from polluted
wells and are overwhelmed by the emissions of
several industries. Ms. .Ramos also expressed
her frustration with the EPA policy that considers
Puerto Rico an "exotic place.". She asked where
in the regulations Puerto Rico is classified as an
"exotic place." She asked that, if such a
, classification exists, the NEJAC recommend that
the regulations be modified.
Mr. Moore stated that the NEJAC has discussed
this , issue at length about forwarding a
, recommendation to Administrator Browner about
conducting a meeting of the NEJAC in Puerto
Rico. He continued by stating that the Federal
government cannot continue to come to meetings
with, "If s not possible." Mr. Moore then requested
that the recommendation to conduct a meeting of
the NEJAC in Puerto Rico be placed back on the
floor and that NEJAC should draft a letter to
support the recommendations presented by Mr.
Rodriguez and other recommendations made by
others related to the environmental issues of
Puerto Rico. Mr. Moore stated that he
understands that Administrator Browner did not
create the policy on traveling to Puerto Rico;
however, it is an insult to "our people," meaning
all human beings.
Mr. Moore made a formal motion to support the
recommendation of Mr. Rodriguez that the
NEJAC send a letter to Administrator Browner
requesting that the NEJAC hold a meeting in
Puerto Rico. The motion was passed by the
NEJAC. Mr. Moore announced that he would
draft the letter with the assistance of Ms. Ferris.
7.2.14 Nathan Phillips, National Native Youth
Alliance
Mr. Phillips, National Native Youth Alliance, stated
that he would wishes to thank EPA on behalf of
the Omaha Indian Tribe for the agency's
assistance in the tribe's struggle with the state of
Nebraska. He urged EPA not to delegate to the
states any further power to conduct environmental
programs because, he said, the states are not
responsible or willing to work with communities.
In addition, Mr. Phillips announced that this
organization was to host a series of
environmental conferences for Native American
youths over the next four years. He extended an
invitation to all participants in the NEJAC to attend
"Spring Fling," would attract which would attract
young people from numerous places. Mr. Phillips,
then expressed his gratitude to Mr. Varela for his
help in planning the conference.
Mr. Phillips also requested that the NEJAC
recommend that the bones of Pocohontas be
returned to the Mattaponi from London, England.
He explained that "she is a part of their history
and belongs with them." Mr. Phillips concluded
his remarks by volunteering to help draft the letter
related to Mr. Peletier.
Mr. Moore thanked Mr. Phillips and suggested
that he contact Mr. Cole about the letter related to
Mr. Peletier. Ms. Benally expressed thanks to Mr.
Phillips for his statement, as well as her
appreciation for EPA's assistance with the Native
American youth conference. She also
recommended that, in the letter requesting Mr.
Peletier's freedom, the NEJAC also request
return of the bones of Pocohantas from Britain.
Mr. Hill commented on the importance of
involving Native American youths in activities that
teach about culture and the importance about
caring for the future. Mr. Hill then made a motion
to draft a letter to Administrator Browner
requesting her continued support for programs
and activities that support Native American youth.
The motion was seconded by Ms. Ferris and
passed by the members of the NEJAC. Mr. Hill
Baltimore, Maryland, December 10 through 12,1996
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and Ms. Serially volunteered to draft the letter.
Mr. Moore also requested that the letter address
EPA's, responsiveness to all 'young people in
general.
7.2.15 Cynthia Jennings, O.N.E./C.H.A.N.E.
Incorporated
Ms. Cynthia Jennings, O.N.E./C.H.A.N.E.
Incorporated, stated that, for the previous three
years, her organization had been opposing the
expansion of the North Meadows Landfill in
Hartford, Connecticut, which members of the
community believe is responsible for a number
health and safety problems. Ms. Jennings
informed the members of the NEJAC that her
organization had filed a complaint under Title VI
and requested any support the NEJAC could
provide related to Title VI. She also urged the
NEJAC to continue to advocate that EPA staff
and management reflect the diversity found in all
communities that fight for environmental justice.
Ms. Jennings stated that O.N.E./C.H.A.N.E.
supports an increase in the standards for
particulates and other pollutants regulated under
the Clfan Air Act. She then requested that the
fjlEJAQ expand the public participation
component of its meetings by televising or
videotaping the public comment periods to
Increase community awareness of the issues
presented. In addition, Ms. Jennings
recommended that the NEJAC videotape its'bus
tours to illustrate that environmental justice issues
are of national and international significance.
'In!1:,! ', , i'!, .' ' 'i'1 : '' ' '''III! ' ': „„ ''" " ' 1f, L,
Mr. dole informed Ms. Jennings that the
Enforcement Subcommittee had addressed the
Issue of EPA's response to complaints under Title
VI and that the subcommittee would forward a
resolution that requests that EPA's OCR move
forward effectively to address Title VI complaints
to the NEJAC in a timely manner.
7.2.16 Frank Myrick, Spirit Lake Nation
Mr, Frgnk Myrick, Spirit Lake Nation, South
Dakota^ expressed his cohce/n that, USAGE has
determined that it does not have comply with the
provisions of NEPA because it has determined
that the project constitutes an emergency which
are excluded from the requirements for an EIA.
He stated that there are other alternatives that
can prevent flooding of the lake. Mr. Myrick
explained that the city of Devil's Lake can afford
to build dikes; however, the Spirit Lake Nation
cannot, he said.
,Mr. Myrick then read into the record a tribal
prospectus that the elders of his tribe had
developed. The prospectus explains that
indigenous peoples rely on their tribal elders for
wisdom and knowledge to lead the people. Mr.
Myrick also explained that the Spirit Lake Nation's
constitution and bylaws are based on the
democratic principles of the United States, and
that it is the Nation's assertion that the role of the
elders and spiritual advisors of Spirit Lake must
be included in the decision making process that
affects the cultural, social, and spiritual well-being
of its people. He stated that the Spirit Lake
Nation has remained autonomous and self-
regulated since the Treaty of 1867. However, he
added, the nation functions without specific tribal
regulations that would protect its sovereign
interest in natural resources, desecration of
sacred burial sites and holy places, environmental
effects, flooding, economic development, and
pollution.
The Spirit Lake Nation faces a serious ecological
disaster, Mr. Myrick added, because the flooding
of the lake will affect the social and cultural
balance of its,people and the rising waters will
redefine the boundaries of the Spirit Lake Nation.
He stated that the Spirit Lake Nation requests that
the NEJAC pass a resolution that will both honor
and value the essential component of the
indigenous society of Spirit Lake Nation to
prevent the further degradation of tribal land. Mr.
Moore stated his understanding that the
Indigenous Peoples Subcommittee would forward
to the NEJAC a resolution on the Spirit Lake
Nation issue.
7.2.17 Madeline Williams, National
Association of Black
Environmentalists
Ms. Madeline Williams, National Association of
Black Environmentalists, began her comments by
thanking Ms. Gaylord, for inspiring her inspiration
to be the founder of the National Association of
Black Environmentalists which assists young
people of color in identifying careers in the
environmental field. Ms. Williams then described
the activities the association conducts to ensure
that students leave the program with strong verbal
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National Environmental Justice Advisory Council
NEJAC Executive Council
skills and a clear understanding of basic
environmental knowledge.
Ms. Williams then discussed at. length
recommendations that she wished the NEJAC to
address. Those recommendations were:
Develop an aggressive "enlightenment"
program, in the form of a greater NEJAC,
initiated in affected communities of people of
color and low-income communities of the
presence.
Inform communities that the NEJAC is a
resource for achieving environmental justice
Identify and promote the formation of such
organizations as the National Association of
Black Environmentalists to distribute
information about the environmental status of
communities
Offer daily assistance to help sustain
organizations and efforts to produce and
distribute newsletters
Integrate the NEJAC into communities as part
of the community family to make members of
communities feel welcome to participate in
the activities of the NEJAC >
• Participate in environmental justice activities
being held in Colorado
Ms. Ferris commented unfortunately that the
recommendation to "export" the NEJAC into
communities is not feasible because the
members of the NEJAC are volunteers who have
jobs and families outside of their work on the
NEJAC. Ms. Ferris also recommended that Ms:
Williams contact the Southwest. Network for
Environmental and Economic Justice to become
"networked" with organizations to increase access
to information. Ms. English also noted that the
NEJAC maintains a home page on the World
Wide Web to assist in the exchange of
information.
7.3 Public Comment Submitted for the Record
Comments submitted for the record are
summarized below.
7.3.1 Mark Atlas, Student, Carnegie Mellon
University
In a letter from Mr. Mark Atlas, a student in the H.
John Heinz III School of Public Policy and
Management, Carnegie Mellon University, he
submitted a.copy of his study, "The Contaminated
Grassy Knoll: Searching for Environmental
Justice Conspiracies in Environmental
Enforcement." His letter stated that the study
makes clear that the articles published by the
National Law Journal in 1992 about the
implications on environmental justice of various
EPA actions, are "an unfortunate example of how
ignorance about even the elementary aspects of
EPA's enforcement efforts and of data analysis
can led to completely incorrect conclusions.?
r
In his letter, Mr. Atlas stated that the study
demonstrates that there is; no evidence that
facilities which violate environmental laws in
predominately minority or low income tend to be
penalized less than facilities in other areas. He
commented that on the basis of the analysis in
the study, any variations in the civil penalties
imposed by EPA are due to the facts of the case,
rather than to environmental discrimination. The
letter concluded that the study conducted by the
National Law Journal has tainted EPA's reputation
and prompted a variety of actions to solve a'
problem that did not exist. Mr. Atlas asked that
the NEJAC .and EPA "assign the articles the
weight they merit-none."
7.3.2 Clydia J. Cuykendall
Ms. Clydia J. Cuykendall submitted a synopsis of
a law review article she had published with Ms.
Kelli E. Reddic in the Thurgood Marshall Law
Review in 1995. The article, "Environmental
Discrimination Based on Race or Poverty"
summarized existing case laws under which
equal protection challenges were raised in
various decisions about siting facilities. The
article also identified the elements of a claim for
equal protection or enforcement of Title VI of the
Civil Rights Act of 1964, summarized the issues
associated with evidentiary challenges, defenses,
and damages. The article concluded with a
proposal that advocated that claims of
environmental discrimination based on race or
poverty should be evaluated under a modified
version of the five-part test that was developed for
the Village of Arlington Heights.
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7.3.3 Paul Jackson, Chugachmiut
Environmental Protection Consortium
Mr. Paul Jackson, Environmental Specialist,
Chugachmiut Environmental Protection
Consortium (CEPC), described his organization
as a coalition of sev,§n Alaska Native Tribes
locatecl ip soutfi-sentraj Alpska. The CEPC was
formed shortly after the Exxon Valdez oil spill, he
stated. The purpose of the organization is to
develop and implement a regional tribal
environmental enhancement and protection
strategy.
In a letter to the NEJAC, Mr. Jackson discussed
issues, related to the renewal of an NPDES" permit
for the oil and gas industry operating drilling
platforms in the Upper Cook Inlet. The letter
explained that the Alaskan Native residents of
Port Graham and Nanwalek, Alaska have grave
concerns about the amount and type of pollutants
that arje being dumped into the Upper Cook Inlet.
The residents are concerned about cumulative
impacts of these chemicals in the area's marine
ecosystem.
The letter concluded with a request that NEJAC
Utilize its "authority and influence" to ensure that
EPA c|efines the government-to-govemment
relatforjship and ensures that the residents of the
affected area, have an opportunity to provide
meaningful imput into the decision-making
• process." '" .''' - . .,,•.•.
3.0 RESOLUTIONS
This section of the chapter presents the text of
resolutions forwarded by the subcommittees to
the NEJAC for their consideration.
:••, ,;,;,' ...... ••;• .!.;,:-; ..... ... '.'•"• ••
Enforcement Resolution No 1:
WHEREAS one of the fundamental principles of
environmental justice is the right of self-
determination and collective bargaining by
workers; and
WHEREAS the Omni Inner Harbor Hotel is
currently the subject of a labor action by the Hotel
and Restaurant Workers Union, Local ; and
WHEREAS members of the NEJAC had to cross
a picket line to take part in the NEJAC
deliberations;
THEREFORE, the NEJAC requests that EPA, to
the extent practical, refrain from doing business
with contractors engaged in labor disputes.
Enforcement Resolution No. 2:
WHEREAS, the United States Environmental
Protection Agency (EPA), a federal agency
created in 1970, is responsible for administering
and enforcing federal environmental protection
laws; and
WHEREAS, low income communities and
communities of color throughout the nation are
exposed to unsafe and disproportionately high
levels of hazardous pollutants; and
WHEREAS, both the unsafe levels of hazardous
pollutants and the disproportionately high levels of
those pollutants now existing in low income
communities of color must be eliminated; and
WHEREAS, a major cause of these unsafe and
disproportionately high levels of hazardous
pollutants is the aggregation of environmental
risks from multiple sources and environmental
pathways; and
WHEREAS, a major cause of these unsafe and
disproportionately high levels of hazardous
pollutants is the failure by government officials,
both federal and state, to develop environmental
protection standards that account for the
possibility of risk aggregation; and
WHEREAS, a major cause of these unsafe and
disproportionately high levels of hazardous
pollutants is that noncompliance with applicable
pollution control laws is higher in low income
communities and communities of color; and
WHEREAS, a major reason for the higher
noncompliance rate in environmental justice
communities has been the historical absence of a
commitment of government (federal, state, and
local) environmental enforcement resources
commensuratewiththe environmental problems
faced by these communities; and
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WHEREAS, a major reason for the .higher
noncompliance rate in environmental justice
communities has been that the community
organizations in a position to oversee
environmental compliance within their own
communities have lacked the financial, technical,
and legal resources to engage in the necessary
oversight activities; and
WHEREAS, EPA, state, and local government
officials have failed to provide community
organizations with the financial, technical, and
legal resources necessary to allow those
communities to develop their own enforcement
capacity to ensure against noncompliance within
their communities; and
WHEREAS/EPA possesses substantial authority
under existing environmental protection statutes
that administers to have the environmental
standards promulgated by the agency better
reflect the very real problem of risk aggregation
faced by environmental justice communities; and
WHEREAS, EPA possesses substantial authority
under existing environmental statutes to commit
a level of enforcement resources commensurate
with the existing unsafe and disproportionately
high levels of hazardous pollution in
environmental justice communities; and
WHEREAS, EPA possesses substantial authority
under existing environmental and civil rights
statutes to ensure that state and local
governments commit a level of enforcement
resources commensurate with the existing unsafe
and disproportionately high levels of hazardous
pollution in environmental justice communities;
and .
WHEREAS, EPA possesses substantial authority
under existing environmental laws to build
community enforcement capacity by increasing
community group access and input to
environmental standard-making fora, government
permitting decisions, and to enforcement
priorities; and
WHEREAS, EPA possesses substantial authority
under existing environmental laws to build
community enforcement capacity by providing
resources to those communities both directly and
indirectly; and
WHEREAS, EPA has authority to promote
environmental justice in these varied ways may
often be -most effectively achieved through the
exercise of EPA (and state) permitting authority;
and •
'WHEREAS, EPA has historically failed to
exercise this substantial existing statutory
authorities; and
WHEREAS, EPA has focused excessively on
what the existing statutes require the agency to
do, rather than on the broader, powerful inquiry
regarding what existing laws authorize the agency
to do; and
WHEREAS, EPA's statutory authorities
necessarily extend far beyond its statutory
obligations; and • .
WHEREAS, when EPA determines the meaning
pi environmental protection laws in the context of
deciding what it is required to do, the natural
government instinct to read statutory obligations
narrowly will prompt the agency to adopt statutory
constructions that likewise construe their statutory
authorities necessary.
Now therefore be it resolved, that NEJAC urges
and advises EPA to:
• Undertake a. comprehensive survey of its
existing statutory and regulatory authority to
promote environmental justice under each of •
the specific environmental pollution control
laws; and
a. Consider in this comprehensive survey
any language in existing statutes and
regulations that would allow the agency
to consider the possibility of risk
aggregation in developing pollution
control standards, including risk other
then those that are the primary subject of
regulation in the applicable provision; and
b. Consider in this comprehensive survey
any language in existing statutes and
regulations that would allow the agency
to deny a permit based on the possibility
of risk aggregation, including risks posed
both by other geographically proximate
pollution sources and pollutants other
than those that are the primary subject of
regulations under the applicable
permitting provisions; and
Bait/more, Maryland, December 10 through 12,1996
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NEJAC Executive Council
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c, Consider in this comprehensive survey
any language in existing statutes and
regulations that would allow the agency
to provide environmental justice
community organizations with more
meaningful access to, and input in
government permitting decisions; and
cf. Consider in this comprehensive survey
any language in existing statutes and
regulations that would allow the
permitting authority (federal, tribal, state)
to condition the issuance of a permit
based on the permittee taking actions
that enhance the ability of community
Organizations to develop the community
self enforcement capacity (e.g., making
. monitoring reports more readily available,
' providing community access to inspect
facilities, funding by the regulated entity
of community oversight operations)
necessary to ensure that permittee's
compliance with applicable
environmental protection laws; and
e. Consider in this comprehensive survey
any language in existing statutes and
regulations that would ailow government
enforcement officials and citizen
enforcers to obtain higher penalties
against those individuals and facilities
that violate environmental protection laws
in those communities, like environmental
justice communities where historically
enforcement has been low,
noncompliance high, and the need for
heightened deterrence therefore
'especially great, and
f. Consider in the survey the various
statutory authorities preliminary
discussed in a draft memorandum
prepared by the NEJAC Enforcement
Subcommittee, dated July 18, 1996; and
Report the results of that comprehensive
survey to NEJAC and its Enforcement
Subcommittee by July 15,1997; and
Report the results of that comprehensive
survey to all relevant, federal, tribal, and state
permitting entities; and
Report the results of that comprehensive
survey to environmental justice community
organizations; and
• Exercise agency discretion to require federal,
tribal, and state permitting entities to exercise
these available authorities to the maximum
extent practicable and feasible in their
individual permitting decisions; and
• Actively monitor the efforts of federal, tribal,
state permitting authorities to take advantage
of these substantial authorities to promote
environmental justice by, inter alia, requiring
biannual reports to the agency of occasions
within which this authority, was exercised.
Enforcement Resolution No. 5:
WHEREAS, The United States Environmental
Protection. Agency (EPA), a federal agency
created in 1970, with the direct purpose and
responsibility to develop and implement strategies
that protect public health and the environment;
and ' , , ,, ,
WHEREAS, Title VI of the Civil Rights Act of 1964
prescribes that each Federal agency shall ensure
that all programs or activities receiving Federal
financial assistance do not directly, or through
contractual or other arrangements, use criteria,
methods, or practices that discriminate on the
basis of race, color, or national origin; and
WHEREAS, Title VI of the Civil Rights Act of 1964"
provides authority to remedy past discrimination
and prevent discriminatory conduct based on
race, color, or national origin to achieve
Constitutional premise of equal protection under
.the law; and
WHEREAS, Presidential Executive Order 12898,
entitled "Federal Actions to Address
Environmental Justice in Minority Populations and
Low-Income Populations," directs Federal
agencies to focus and develop strategies which
'address adverse health and environmental effects
in minority populations and low-income
populations; and
WHEREAS, EPA has recognized and confirmed
data which shows that environmental abuses
have occurred in areas of minority populations
and low-income populations and has failed to act
in a responsible and timely manner; and
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Baltimore, Maryland, December 10 through 12,1996
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National Environmental Justic? Advisory Council
NEJAC Executive Council
WHEREAS, EPA's pace in processing Title VI
complaints involving environmental discrimination
may have violated Section 7, Volume 40 of the
Code of Federal Regulations, ,by failing to meet
mandated deadlines related to cases articulated
and framed by community organizations on behalf
of citizens of minority populations and low-income
populations; and
WHEREAS, EPA's approach under Title VI has
been to adopt aerogram of.voluntary compliance,
which has continuously failed and will continue to
-fail, thus allowing a, continuing" pattern of
environmental violations to occur that
disproportionately and adversely affects minority
populations and low-income populations; and
WHEREAS, EPA needs to demonstrate effective
leadership in implementing and enforcing
environmental laws and regulations and Title VI of
the Civil Rights Act of 1964; and
WHEREAS, EPA staffing is currently limited to
four attorney positions and there are only three
attorneys to process the increasing caseload of
Title VI complaints; and
WHEREAS, EPA headquarters and regional civil
rights staffing and accountability would facilitate a
comprehensive national Title VI compliance and
enforcement program; and
WHEREAS, EPA is required to educate states
and the regulated community regarding Title VI
mandates and responsibilities; and
WHEREAS, the National Environmental Justice
Advisory Council (NEJAC), was established on
April 11, 1994, comprised .of representatives of
academia, business, industry, federal, state,
tribal, local government, environmental
organizations, community groups and non-
governmental organizations, with the goal of
providing advice to the EPA on matters related to
environmental justice for minority population and
low-income populations; and
WHEREAS, NEJAC advises EPA to develop,
create and coordinate staffing, training programs,
provide resources and effective-time lines for
addressing both past and current Title VI
complaints of environmental abuse.
Now therefore be it resolved, that NEJAC urges
and advises EPA to: ,
Interpret Title VI in a manner designed to
strengthen civil and environmental rights
protections consistent with the Constitutional
mandate of equal protection under law; and
Comply with Section 7, Volume 40 of the
Code of Federal Regulations mandated
deadlines in addressing Title VI complaints
filed by minority populations; and
1. Accelerate the pace of case consideration
and resolution, by providing guidance and
technical assistance to and oversight of EPA
regions regarding filing and tracking Title VI
complaints, ensuring compliance with Title VI
and enforcement of Title VI; and
• Provide uniformity and consistency to Title VI
compliance and enforcement programs, while
also creating time lines in addressing and
resolving current complaints; and
• Consolidate all Title VI functions into one
office (including headquarters and regional
staff), and providing direction, career
professional support and budgetary support
adequate to fulfill the responsibilities of this
office; and
Review, analyze and jointly refer Title VI
cases to EPA's Office of Enforcement and
Compliance Assurance for immediate action
and policy development on: (a)
environmental violations that may cause or
contribute to multiple exposures, cumulative,
impacts and synergistic effects; and (b)
environmental noncompliance that may give
rise to Title VI complaints; and
• Provide guidance and technical assistance to
the states and other EPA-funded programs
regarding the obligation to ensure fulfillment
of. the Constitutional principle of equal
protection under law, and oversight of states
to guarantee it; and
• Expedite EPA's follow-up on Title VI cases by
providing a process and opportunities for Title
VI complainants and states to comment on
the Agency's draft policies, guidance and
technical assistance directives; and
Convene a national conference to address
Title VI enforcement in partnership with the
NEJAC Enforcement Subcommittee and with
, the advice of a cross-section of organizations
Baltimore, Maryland, December 10 through 12,1996
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NEJAC Executive Council
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interested in the health and civil rights
protection of residents of minority
populations, and low-income populations; and
• Create a joint working partnership with
HEJAPand, specifically, with the NEJAC
Enforcement Subcommittee, to address,
consult on and coordinate development of a
process and policy to address these and
future complaints, this resolution, and to
develop and implement the national
conference on Title VI enforcement.
Enforcement Resolution No. 6:
NEJAC urges and advises EPA to:
• Give due consideration of the effects of its air
emissions Jrading program on communities of
cojor and low-income oprnmunities
I Analyze and proposed pollution trading
programs and mles in terms of its potential
: impact on communities of color and |ow-
in§pme communities
•: , iEi,;„,;:' •"• i i .'-:'" I'';! .J:.'" •'. :r' :'V.l' ••'. ''.'fi - ''' ; ' •'
• Implement specific public participation
activities related to environmental justice in
the implementation of the rules
Health Resolution No 2:
Whereas, the Centers for Disease Control and
Prevention (CDCP) is considering retreating from
universal screening of blood levels in children and
revising standards concerning lead abatement.
WHEREAS, the NEJAC does not understand why
there WPUld be a retreat when the prevalence of
lead has hot declined significantly in at risk
populations, such as children of color and children
In low-income families.
WHEREAS, the EPA was primarily responsible
for phasing out lead in gasoline, resulting in public
and environmental health advances.
JvJOW THEREFORE, belt resolved that if these
actions are taken by the CDCP, it would impair
the nation's ability to monitor, as well as, diminish
the adverse effects of lead. It, furthermore, could
Impede the ability of the EPA to prevent exposure
of children to lead. We request that the EPA
Administrator communicate the concern of the
' "
NEJAC to the U.S. Department of Health and
Human Services, the U.S. Department of Housing
and Urban Development, and CDCP.
Health Resolution No. 3:
WHEREAS, the NEJAC has been charged by
Administrator Browner to draft language about the
environment and impacts on children, and
WHEREAS, there is growing concern among the
community including parents that indoor and
ambient air quality may be adversely affecting
children and health, and
WHEREAS, the approach to children's health and
the environment has focused on single toxic or
classes of toxins.
WHEREAS,, there has been little involvement of
the environmental justice community in shaping
the agenda and drafting strategies with regard to
the environmental health of children;
WHEREAS, there is dismay at the virtual lack of
any substantive environmental justice presence in
the planning process of the upcoming national
conference on children's' health and the
environment.
WHEREAS, what is needed is both a
comprehensive approach to the environment of
the child and the involvement of groups and
individuals who are most affected by these
problems.
Be it resolved that; the NEJAC be integrated into
the planning and execution of the Children's
Environmental Health Conference which will likely
serve as a launching pad for national EPA
initiative on these issues. The NEJAC and EPA
should agree to begin a process to set a
community based environmental justice agenda
for children's' health. Call for the Office of
Research and Development to report to.the
NEJAC committee on how the Office of Pollution
Prevention and other EPA agencies have been
working on and supporting issues related to
environmental justice and children's' health.
Finally, receive copies of EPA report on
environmental health initiatives dated, September
1996.
indigenous Resolution No. 12:
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Baltimore, Maryland, December 10 through 12, 1996
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National Environmental Justice Advisory Council
NEJAC Executive Council
Request that EPA immediately withdraw EPA
Region 3 Regional Administrator William
McCabe's November 12, 1996 letter to the U.S.
Army Corps of Engineers (USAGE) on the draft
environmental impact statement of the King
William County, Virginia Reservoir Water Project.
Indigenous Resolutions No. 13,14, and 16:
Improving Indigenous citizen participation in
planning, implementing, and monitoring
programs, policies, and projects (Twin Lakes
Outlet). The goal of EPA to Nations relationship
is improving the quality of public participation
instead of merely its quantity.
Indigenous Resolution No. 17: ,
Request that NEJAC recommend to the
Administrator of EPA that Ward Valley, California
should be declared a low-level radioactive facility
siting as an environmental justice issue and that
a meeting be scheduled immediately between
senior level federal officials from affected
agencies (ie, DOI, EPA, CEQ) and tribal
representatives.
Indigenous Peoples Resolution No. 18:
WHEREAS, EPA should seek to ensure that its
domestic and international actions do not result in
violations of indigenous peoples' rights or
otherwise result in occurrences of environmental
injustice; and
• WHEREAS, EPA should immediately utilize its
resources and available contacts and resources,
including the Transboundary Environmental
Commission, the Commission for Environmental
Cooperation (CEC), the U.S.. Coast Guard, the
International Joint Commission and the Canadian
environmental authorities to ensure that
Environmental Justice concerns are being met;
and
WHEREAS,.NEJAC supports the Walpole Island
First Nation in their seeking information and
regulatory coordination between the U.S., Canada
and ICI to ensure that the environmental concerns
of the Walpole Island people are met; and
WHEREAS EPA should also require the use of an
environmental justice impact analysis within the
Trarisboundary Environmental Impact
assessment that with Canada pursuant to Article
10.7 of the 1991 North America Agreement on
Environmental Cooperation; and conforms to the
Great Lakes Water Quality agreement.
Be it RESOLVED that NEJAC recommends and
requests to EPA that where significant differences
exist in the Canadian and U.S. Water discharge
standards, then the strictest standards should be
applied in order to assure maximum protection for
the St. Claire river way, and all populations, in
particular subsistence cultures boarding the
watershed such- as the Walpole Island First
Nation; further that EPA:
1. Investigate the transboundary relationship
that exists with the State of Michigan, Ontario
provincial government, and the Walpole First
Nation
2. Collect and review data from the International
Joint Commission and the Ontario water
assessment board
3. Apply the provisions of Executive Order
12898 to the Transboundary Environmental
Impact Assessment
4. Provide to the Walpole First Nation tribe,
technical assistance
5. Explore, with ICI, split water sampling, with
the opportunity for independent third-party
testing
6. Consider impacts to marsh lands and should
consider protective measures to sites along
the St. Claire
Further Native Americans should be kept updated
and involved in all decisions affecting the Walpole
First Nation.
Public Participation Resolution No 3:
Recommend that NEJAC urge the formal
adoption of the model plan for public participation
by the Administrator of the EPA for
implementation throughout EPA and the
Interagency Working Group on Environmental
Justice (IWG)
Public Participation Resolution No 4:
Recommend that NEJAC requests that:
the chairs of the other subcommittees of the
NEJAC officially designate a member to
Baltimore, Maryland, December 10 through 12,1996
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II Ill
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serve as a liaison to the Public Participation
and Accountability Subcommittee
the liaisons will meet with the subcommittee
at the next meeting of the NEJAC to discuss
issues related to public participation.
,f. -!!-"-;::: '.';,- nil.
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Baltimore, Maryland, December 10 through 12, 1996
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MEETING SUMMARY
of the
ENFORCEMENT SUBCOMMITTEE
of the
NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
December 10 and 11,1996
Baltimore, Maryland
Meeting Summary Accepted By:
Sherry Milan
Designated Federal Official
-------
•*il
itiii, ..... f.$*^;..!'i? , ..... L'iidiJ
' . ..... ' . ..... • :;iii3ii
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National Environmental Justice Advisory Council
Enforcement Subcommittee
CHAPTER TWO
MEETING OF THE
ENFORCEMENT SUBCOMMITTEE
1.0 INTRODUCTION
The Enforcement Subcommittee of the National
Environmental Justice Advisory Council (NEJAC)
conducted a two-day meeting on Tuesday and
Wednesday, December 10 and 11,1996, during
a three-day meeting of the NEJAC in Baltimore,
Maryland. Ms. Deeohn Ferris, Washington Office
for Environmental Justice, continues to serve as
chair of the subcommittee. Ms. Sherry Milan,
U.S. Environmental Protection Agency (EPA)
Office of Enforcement and Compliance
Assurance (OECA), continues to serve as the
designated federal official for the subcommittee.
Exhibit 2-1 presents a list of members who
attended the meeting and identifies those
members who were unable to attend.
This chapter, which presents a detailed
discussion of the deliberations of the Enforcement
Subcommittee, is organized in four sections,
including this Introduction. Section 2.0, Activities
of the Subcommittee, presents discussions of the
debriefing of, and follow-up to, the regional
Enforcement and Compliance Assurance
Roundtable meeting held in San Antonio, Texas.
In addition, the section summarizes reports on the
activities of the work groups. Section 3.0, Issues
Related to Enforcement and Compliance
Assurance summarizes issues related to
enforcement and compliance assurance that the
subcommittee reviewed. Section 4.0,
Resolutions, provides a summary of the
resolutions forwarded to the Executive Council of
the NEJAC.
2.0 ACTIVITIES OF
THE SUBCOMMITTEE
The members of the NEJAC Enforcement
Subcommittee discussed the activities of the
subcommittee, including a report on the regional
Enforcement and Compliance Assurance
Roundtable meeting held in San Antonio, Texas
and an update on the activities of the four work
groups of the subcommittee.
Exhibit 2-1
ENFORCEMENT SUBCOMMITTEE
List of Members Who Attended
the Meeting
December 10 and 11,1996
Mis. Deeohn Ferris, Chair
Ms. Sherry Milan, DFO
Ms. Leslie Beckoff *
Ms. Christine Serially
Mr. Lamont Byrd *
Mr. Luke Cole*
Mr. Richard Drury *
Mr. Grover G. Hankins
Mr. Richard Lazarus
Ms. Pamela Tau Lee
Mr. Richard Moore
Mr. Arthur Ray
List of Members
Who Were Unable to Attend
Ms. Peggy Shepard,
*New subcommittee members
2.1 Enforcement and Compliance Assurance
Roundtable .
•••.
Ms. Ferris provided an overview of the regional
Enforcement and Compliance Assurance
Roundtable meeting, held October 17-19,1996 in
San Antonio, Texas. Ms. Ferris mentioned that
several weeks after the meeting, the Texas
Natural Resources and Conservation
Commission CTNRCC) rejected the application of
Browning-Ferris Industries (BFI) to expand its
landfill located outside San Antonio in the
community of Martinez, Texas. She said that the
community group "Save our Martinez
Environmenf had been fighting for about a
decade against the expansion of the landfill.
Baltimore, Maryland, December 10 and 11,1996
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Enforcement Subcommittee
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Mr. Luke Cole, California Rural Legal Assistance
Foundation, commented that, during the bus tour
to the BFI landfill, there had been no visible signs
of trash, buzzards, or trash trucks. He indicated
his belief that BF| haid made extensive efforts to
ensure that the facility "looked good" for the tour.
; He explained that, when he returned to the
comffiunfty several weeks later, debris was
littered in the streets, trash trucks were traveling
through the community, and buzzards were flying
in the sky. He noted that the presence of
buzzards was one of the many complaints made
by the community. Ms. Ferris, Mr. Cole, and other
members of the subcommittee who attended the
roundtable meeting had indicated to the agencies
that were represented on the tour that
responsibility must be taken for the problems that
are gccurring at the landfill! The subcommittee
members commented that the BFI landfill case
demonstrates how federal, state, and local
agencies refuse to be accountable to a
community for environmental problems
associated with an industrial facility.
Ms. Shristine Benailytbine CARE, reported that
seve||l representatives of EPA Region VI
;'|: " jJfCQntagte'cJ "hereafter jfoe roundtable meeting and
that she had taken those individuals to visit
several sites in the Four Corners area of the
UnfteJ Steles that are, of cpncern to indigenous
peoples. She reported that representatives of
Native American groups from Oklahoma and New
Mexlqo had participated in the roundtable meeting
. and had presented information about several
muftijurisdictional issues. Ms. Benally noted that
Ms. yaxjne Pis,co|i, a representative of an
indigenous tribe and a tribal elder, had attended
the roundtable meeting. Ms. Piscoli had gained,
Ms. Bennally reported, an understanding of
issues presented by participants representing
community-level interests.
Ms. Ferris said that the roundtable meeting was
the first public meeting of this magnitude
sponsored by EPA. She reported that one lesson
learngd by the task force responsible for planning
the roundtable meeting was that the planning
process should start earlier than it had. She
added that more advance work is needed to
secure the participation of communities and to
overcome ftie many logistical challenges that
arose.such as problems with airline tickets, travel
authorizations, and other details related to travel
aran|erhents. the subcommittee theri viewed a
portion of the videotape of the meeting.
Ms. Ferris stated that the goal of the roundtable
meeting was to solicit the views of communities
about enforcement and compliance assurance. A
summary of the recommendations of the
community representatives was developed, she
said; however, the roundtable meeting revealed
confusion among community members about the
roles played by different regulatory agencies in
EPA Regipn VI in accomplishing enforcement and
compliance assurance activities, she reported.
Ms. Ferris reviewed the structure of the
roundtable meeting, saying that it consisted of
four distinct elements:
• Tour of environmental justice sites in San
Antonio at which environmental justice is of
concern
• Training related to enforcement and
compliance assurance issues
• General discussions designed to solicit the
views of business; federal, state, tribal, and
local governments; and community members
in analyzing and assessing problems and
developing solutions to those problems
• Breakout sessions that focused on federal
and state roles in enforcement and
compliance
Ms. Clarice Gaylord, Director, EPA Office of
Environmental Justice, said that BFI's lawyers
had contacted EPA to express their concerns
about the visit of the participants in the roundtable
meeting to the BFI landfill in Martinez. She added
that "Inside EPA," a biweekly newsletter published
by Inside Washington Publications, had published
an article about the demonstration that residents
had at the landfill.
Ms. Leslie Beckoff, Conoco IncVDuPont, said that
the one-to-one meetings between EPA and
community members that were held during the
roundtable meeting were well received. Ms.
Pamela Tau Lee, University of California Center
for Occupational and Environmental Health,
asked what next steps were planned for follow-up
on the recommendations developed during the
meeting. She commented that the summary
report of the roundtable meeting stated that
participants had identified a need for more
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National Environmental Justice Advisory Council
Enforcement Subcommittee
extensive representation of state agencies. Ms.
Ferris agreed, adding that, for the next roundtable
meeting, efforts to foster the participation of state
agencies would be more effective.
Ms. Ferris reminded the members that, in its 1995
report to EPA on compliance, enforcement, and
environmental justice, the subcommittee
recommended that a roundtable meeting be held
in each EPA region. She indicated that at least
one more roundtable meeting would be useful
from which to compare similar or recurring issues.
Mr. Graver Hankins, Thurgood Marshall Sphool of
Law, said that there are several agencies, which
he did not identify, that were "conspicuous by their
absence" from the roundtable meeting. Ms. Ferris
responded that it was difficult to ensure that the
individuals who could work to resolve issues
attended the meeting. Ms. Benaliy encouraged
the subcommittee to applaud the work that went
into planning the roundtable meeting.
Members of the subcommittee discussed follow-
up actions to the roundtable meeting. Ms.
Beckoff said that Ms. Gaylord had mentioned that
EPA Regions I, V, and VIII had expressed interest
in hosting the next roundtable meeting.
Subcommittee members recommended that EPA
Regions IV and IX also be considered as possible
hosts for the next meeting. The group agreed
that further review of the summary report was
required and that the task force should develop
recommendations and identify an appropriate
location for the next roundtable meeting. The
subcommittee also agreed to reestablish the
roundtable task force to review the. summary
report and explore recommendations. The
members of the task force are Ms. Ferris; Ms.
.Lee; Mr. Hankins; Mr. Richard Lazarus,
Georgetown University Law Center; Mr. Arthur
Ray, Maryland Department of the Environment;
and Ms. Benaliy.
Recommendations for additional follow-on
activities include:
• Conduct a formal debriefing session between
the roundtable task force and OEJ to discuss
lessons learned
• Follow up on recommendations that more
representatives of state agencies be included
in the planning of the next roundtable meeting
and that their participation in the meeting be
encouraged
• Address the recommendations about
i interjurisdictional issues with states, including
a meeting with TNRCC
The subcommittee discussed several issues
related to oversight of TRCC by EPA Region VI
which had been brought up during the roundtable
meeting. Mr. Ray and Mr. Hankins expressed
concern about the region's responsibility for
overseeing TNRCC's activities. Mr. Hankins
explained that problems exist because states do
not act upon many of the regulatory
responsibilities that are delegated by EPA. Mr.
Moore added that participants in the roundtable
meeting alleged that the Texas' environmental
justice program is used to stifle the work of local
grassroots organizations. He urged the NEJAC to
become involved in helping to resolve the issue
without becoming the spokespersons for the local
groups.
Mr. Hankins added that, several years earlier, he
had attended a meeting at which a representative
of TNRCC had indicated that the official policy of
the state government is that Title VI of the Civil
Rights Act of 1964 "does not exist." Mr. Moore
asked the members for their views on how
TNRCC, EPA Headquarters, and EPA Region VI
can be brought together to resolve such issues.
One member announced that a petition for
recision of the delegation of authority to TNRCC
has been filed and asked how OEJ plans to follow
up on issues that were raised at the roundtable
meeting. Ms. Gaylord responded that participants
in the roundtable meeting who had raised issues
related to a specific site had spoken with
representatives of federal, state, and regional
agencies who also attended the meeting. She
noted that three ad hoc sessions were conducted
during the roundtable meeting at which the
representatives had promised to follow up on
several specific issues. In addition, Ms. Gaylord
stated, a report on issues related to enforcement
of environmental regulations at specific sites had
been prepared for Mr. Steven Herman, Assistant
Administrator, OECA; she added that the report is
reviewed periodically to track progress. She
commented that, for the first time, Mr. Herman
had heard from the public that regulatory
agencies are not fulfilling their responsibilities —
states are too lenient and allow companies with
poor compliance records to obtain permits, she
said.
Baltimore, Maryland, December 10 and 11,1996
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Ms.Jaaylprd also reported that Mr. Herman has
reqflesied that each EPA regional offices hold
enforcement roundtable meetings in conjunction
with the NEJAC. He has urged the EPA regional
offiqes to use the NEJAC Model Plan for Public
Participation in developing and conducting the
meetings, explaining that the meetings will not be
successful unless the tenets of the model are
honored, she cpntinuedi". At this time, EPA
Regions I, V, and VIII have made commitments to
host roundtable meetings, she said.
Mr. Hankins emphasized that it is important for
EPA to pay attention to the approvals of permits,
such as BFI's application to expand its landfill in
' Martinez, Texas. Ms. Gaylord added that the
subcommittee can obtain reports from EPA on
such issues.
Referring to comments made by participants in
the roundtable meeting, Mr. Moore said that the
residents of the state of Texas do not trust
TNRCC, He explained that residents view the
environmental justice office at TNRCC as an
impediment to solving real issues and that
community groups do not trust EPA because of
the agency's past performance related to
enforcement issues. However, during meetings
between Ms. Jane Saginaw, Regional
Administrator, EPA Region VI, and several
environmental justice organizations, Ms. Saginaw
had made a conimitment to resolving
environmental justice issues in the region, he
•:;;;: npteC^M^*Moore stressed the importance of
building a relationship with community groups and
the states, but added that simply holding
errforcemenVroundtabie meetings is not sufficient
to accomplish that goal. He concluded by stating
his belief that the problem is caused in part by
entrenched racism and that the issue should be
monitored.
Mr. Ray stated there is a mechanism for
monitoring a state's enforcement activities and
that if^A's Office of Inspector General (OIG) is
examining state programs to determine how
ehvirOjirriental regulations are being enforced.
Ms. Gaylord added that the O|G is accumulating
data about state performance. Mr. Ray asked
that EPA expedite the OIG's reports on Texas,
explaining that the testimony given by participants
at the roundtable meeting was "so searing" that
NEJAC should examine enforcement issues in
that state; the subcommittee can use the results
of the reports to develop recommendations to
EPA, he continued.
Mr. Moore stated that the typical response of EPA
Region VI is that it is unable to meet with
community groups to discuss issues related to
environmental justice because it does not have
funds available for doing so. He indicated that
other EPA regional offices at least will discuss the
issues in an attempt to resolve them. He added
that, because EPA Region VI would not pay for
the travel eosts of community activists to attend
environmental justice meetings, the meetings had
been discontinued. Mr. Hankins suggested that
Mr. Ray and Mr. Moore meet with Ms. Saginaw,
after which the three should meet with TNRCC to
discuss the issues. Mr. Ray suggested that the
delegation forward a recommendation from
NEJAC to TNRCC encouraging the state to meet
with community representatives to follow up on
issues raised during the roundtable meeting.
In response to Ms. Ferris' request for ideas about
providing assistance to states and improving the
monitoring of the activities of states, Ms. Bennally
suggested that states should provide funds to
tribes to enable tribal governments to enforce
environmental laws on their lands. She explained
that tribes, unlike state governments, do not have
the funds to carry out that effort.
Ms. Ferris summarized several issues to be
discussed by the subcommittee:
• Discuss plans for recommending follow-up
actions on enforcement activities at the state
level
• Forward a resolution to the Executive Council
- of the NEJAC about the OIG report on states
in EPA Region VI that are experiencing
problems in enforcement
• Organize a meeting with the Regional
Administrator of EPA Region VI to follow up
with TNRCC
• Develop recommendations identifying
possible locations for the next roundtable
meeting
• Follow up on the recommendations
developed during the roundtable meeting
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Ms. Ferris reminded the subcommittee that OEJ
is tracking recommendations from the roundtable
meeting and that Ms. Gaylord had invited the
.subcommittee to provide updates on the issues
raised during that meeting.
2.2 Update on Work Groups
This section discusses the activities of the work
groups of the Enforcement Subcommittee.
Exhibit 2-2 presents a list of the work groups and
the names of the subcommittee members
participating in each group.
2.2.1 Worker Protection Work Group
Ms. Lee and Mr. Baldemar Velasquez, Farm
Labor Organizing Committee and Chair of the
International Subcommittee, reported on progress
made by the Worker Protection Work Group. Ms.
Lee reported that the work group currently is
reviewing issues raised by farmworker
organizations in New Jersey, Texas, Washington,
and Ohio. She said that the work group has
discussed several recommendations it would like
the subcommittee to consider in the areas of
training, enforcement, and the encouragement of
a transboundary focus for the enforcement of the
Worker Protection Standard. She reported that
the work group was scheduled tci meet again on
January 13,1997.
Ms. Lee explained that the work group had
concluded that training for the protection of
farmworkers is not conducted well, primarily,
because such training is conducted by growers.
She reported that the work group recommends
the following actions:
• Include in the Worker Protection Standard the
criteria that trainers have an understanding of
and commitment to farm worker issues
Ensure that worker training is monitored by
an independent third party
Hire inspectors who have experience as farm
workers to monitor the conduct of training
programs
• Conduct training in a manner that is
appropriate to the employment patterns of
migrant workers
Exhibit 2-2
WORK GROUPS OF THE
ENFORCEMENT SUBCOMMITTEE
Worker Protection Work Group
Pamela Tau Lee, chair
Baldemar Velasquez
Open Market Trading of Air Emissions
Credits Work Group
Richard Drury, chair
Christine Benally
Arthur Ray
Peggy Shepard
Grover HanMns
Work Group on the Permitting Process
(disestablished in December 1996)
Richard Lazarus, chair
• Arthur Ray
Charles McDennott
Eileen Gauna, EPA
Mary O'Lone, EPA Office of the General
Counsel
Work Group on the Policy on Supplemental
Environmental Projects
Luke Cole, chair
Richard Lazarus
Enforcement Roundtable Task Force
Grover Hankins, chair
Arthur Ray
. Richard Lazarus
Christine Benally
Deeohn Ferris
Ensure that training is specific to a site or
crop so that chemicals and the exposure to
which people are subjected are addressed
appropriately
Develop training that is interactive and which
includes a mechanism for assessing the
success of participants to acquire knowledge
Conduct training in the language(s) of
participants
Include in the Worker Protection Standard,
provisions that require that farm workers be
informed of their rights to take action on
violations
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• Conduct training at locations near the homes
of the workers
Mr. Velasquez asserted that the EPA Farm
Worker Protection Program has been successful
as a damage control program for the pesticide
industry, stating further that, in general, the
national program has not protected farm workers'
successfully. As an example, he explained that
growers currently conduct worker protection
training, pointing out that EPA relied on outreach
workers and AmeriCorps volunteers to conduct
training. EPA must establish a method to license
trainers, he stated. He also commented that
social service agencies want access to the
workers and the camps in which they live so that
they can offer other social services. Mr.
Velasquez stressed the importance of
empowering workers to decide how to protect
themselves at work sites.
Referjing to programs created under the
Immigration Reform and Control Act to recruit
agricultural workers from other countries, Mr.
Velasquez expressed concern about the safety of
such workers, who currently are not protected by
the standards. Mr. Velasquez explained that
curreril iraining programs are not designed to
accommodate the mix of cultures that require that
training be provided in many languages. Mr.
Hankins agreed, citing as an example chemical
refining operations in which worker safety is a
major concern because those operations employ
contract employees from Mexico who are not
trained in the safe performance of the job. Mr.
Hank|ns added that, in Houston, Texas, where
i^^y*wo^e^'_^omit^>i\coi are eager to work,
such workers routinely are used to perform such
hazaraloys tasks as removing asbestos from
contaminated buildings. Mr. Velasquez
commented that, because of the current trend
among employers to use temporary workers and
contractors, worker protection standards are not
strong enough! Ms. Lee and Mr. Velasquez
requested that Ms. Cathy Kronopolus, EPA Office
of Pesticide Programs (OPP), provide a report on
the status of the worker protection standard.
Mr. Velasquez also stated that because most of
the crops harvested by farm workers are
harvested in a six-to-eight week period, there is
fiot enough time to respond to complaints. That
short time frame also creates a special challenge
in determining how to empower workers, he said.
Ms. Ferris asked whether EPA had pilot-tested
any training projects in which farm workers had
been involved in the development. Mr. Cole
stated that his organization, the California Rural
Legal Assistance Foundation, had received a
$19,000 grant to conduct training about
pesticides. Mr. Velasquez said that the work
group has asked EPA for a list of organizations
that conduct training to farm workers on worker
protection standards.
Mr. Velasquez said that, during a hearing on the
worker protection standard, a field trip to the
operations of several growers in Florida had been
conducted. He requested a summary report on
the hearings. Ms. Delta Figuero, OEJ, who has
been assigned temporarily to OPP, said that the
report was to be released in January 1997.
Ms. Lee reported that the work group also
discussed companies in the United States that
avoid United States laws on protection of farm
workers by moving the production of crops to
Mexico. Mr. Velasquez commented that the
United States should become concerned about
what those companies are doing in Mexico,
explaining that the issue had not been considered
when such trade agreements as the Border XXI
Initiative were negotiated. Ms. Ferris added that
the Federal Insecticide, Fungicide, and
Rodenticide Act of 1972 does hot prevent United
States companies from exporting to other
countries pesticides that have been banned in the
United States,
Ms. Ferris asked the subcommittee to develop
recommendations to EPA about issues related to
worker protection. The members recommended
that EPA:
• Develop forms, such as a complaint form, in
languages spoken by workers
• Inform truck drivers that, under the Surface
Transportation Act, they have the right to
refuse to transport dangerous cargo
• Perform spot checks of training programs to
identify those that train workers insufficiently;
give inspectors the authority to impose fines
Establish a corps of training program
inspectors
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2.2.2 Work Group on the Policy on
Supplemental Environmental Projects
The subcommittee discussed the progress of the
Work Group on the Policy on Supplemental
Environmental Projects (SEP) of which Mr.
Lazarus serves as chair. Mr. Lazarus reminded
the subcommittee that, at the December 1995
meeting of the NEJAC, Mr. David Hindin,
Multimedia Enforcement Division, OECA,
presented an overview of EPA's interim final
guidance on SEPs. Mr. Lazarus summarized the
concept underlying SEPs as "returning money
from companies to the community so it can be
used within the community for a project to
address the violation."
Ms. Ferris acknowledged the importance of the
participation 'of Mr. Herman during the
enforcement roundtable meeting when SEPs
.were discussed, explaining that no other EPA
Assistant Administrator had ever attended such a
meeting. The subcommittee agreed to extended
a special thanks to Mr. Herman.
In response to a comment about revision of the
EPA policy on SEPs to include provisions to
, involve the community, Mr. Lazarus said that, in
general, the work group was pleased with the
proposed guidance, but that it did have some
concerns. Specifically, he pointed out the
guidance does not include environmental justice
as a separate factor to be considered in the
creation of SEPs. He also indicated that the work
group believes that the effectiveness of a SEP
could be compromised by the practice of
distributing funds directly to the violator to
undertake compliance assurance actions
designed to minimize future violations. Mr,
Lazarus urged that, instead, SEP funds be
provided directly to the community, so that the
community can monitor the compliance and
subsequent actions of the violator.
Citing criticism about SEPs from Representative
John D. Dingell, (D-Mich.), Mr. Lazarus also noted
that the U.S. General Accounting Office (GAO)
issued a report in which GAO had stated that
SEPs violate the rule establishing the separation
of power, as well as the Miscellaneous Receipts
Act, which requires that all monies received by
the federal government can be expended only by
federal agencies for government activities. SEPs
involve funds collected from violators in lieu of
fines that, in turn, are returned to those
companies to fund projects to enhance
environmental quality within a community, he
explained. Stating that the work group had been
formed to challenge the criticisms of the SEP
program, Mr._ Lazarus urged the EPA to take a
more aggressive approach to SEPs. Mr. Lazarus
also noted that the EPA OGC had issued a
memorandum in which EPA challenged the
criticisms levied by Representative Dingell and in
the GAO report.
Mr. Cole said that Ms. Rosa Hilda Ramos,
Community of Catano Against Pollution and a
member of the Executive Council of NEJAC, had
experience in projects initiated under the SEP
program. He stated that Ms. Ramos had
suggested that environmental justice groups
recommend specific projects to the EPA regional
offices. Mr. Lazarus commented that there must
be a distinct relationship between the violation
and the project. He added that he believes EPA
has taken a conservative approach*to SEPs,
given the potential that SEPs have to provide
relief to environmental justice communities. He
indicated that Ms, Beth Nolan, EPA Office of
General Counsel, who has been assigned
responsibility for SEPs, now may issue a more
favorable opinion of such projects. Ms. Ferris
stated that an additional concern about the
effectiveness of the SEP program is related to
resistance within the regulated community against
participating in SEPs; many companies do not
see the advantages of participating in such
projects, she noted.
Mr. Richard Drury, Citizens for a Better
Environment, expressed concern about the effect
of the issuance by EPA's OGC of a new opinion
about SEPs, explaining that the opinion could
impose more restrictive limits on the types of
SEPs that EPA Region IX traditionally has
allowed companies to undertake. Ms. Ferris said
that the training that originally had been designed
for participants at the roundtable meeting included
some tools designed to help participants develop
SEPs. As an example of a good SEP project, Ms.
Ferris cited a consent decree signed in Alaska
under which the ,SEP established a monitoring
group made up of citizens, facilitated partnerships
among local community organizations, and
provided funds to the community organizations for
monitoring the violator's compliance with the
consent decree.
Ms. Benally commented that the organization she
represents, Dine CARE, had asked that
information be included in a SEP, but that EPA
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denied the request because the
recSnifnehdations featured actions that the
company should have been taking to maintain
compliance with the regulations. Mr. Lazarus
responded that policy governing SEPs requires
that a SEP involve activities that a company
legally is not required to perform; companies
should not be excused from complying with
existing laws, he stated. SEPs instead should
focus on activities that go beyond what the law
requires, he explained, citing the monitoring of
public health as an activity specifically identified
as an approved SEP. Mr. Lazarus said that
"' activities that typically are not approved are
projects under which money would be given to
community organizations to engage in public
awareness activities. Unlike medical monitoring,
sucjj actiyitif s would rjp| correlate th§ penalty to
the "violation"^fpr '.which .the Company is being
penalized, he explained. Mr. Lazarus said that
EPA is hesitant to approve a SEP that appears to
be a general public awareness project, such as
an educational program on the hazards of lead.
Mr. Cole asked whether there is a conceptual
difference between a SEP that is developed in
response to an EPA enforcement action and a
SEP tfiatjs developed as a result of lawsuits filed
Vby"citizens. Mr. Lazarus responded that, during
the late 1970s, the U."S." Department of Justice
(DOJ) was skeptical about the legal standing of
SEPS resulting from lawsuits by citizen's.
However, DOJ currently is more flexible in its
assessment of such projects, he added.
Mr. Lazarus said he currently was writing an
article in which he analyzes the opinions
formulated by GAO and OGC. Mr. Cole asked
the subcommittee whether it should develop a
resolution asking for a stronger policy on SEPs
that can put"money back into the communities.
Mr. Lazarusresponded that the subcommittee
first should examine the latest draft of the policy.
He said that related issues to be addressed
include a cornplaint directed at EPA that EPA
regional offices often develop SEPs without
cohsulfing the affected community about its
;' tcohcerhsT the" community should be involved in
the process of developing a SEP, he said. He
added that, frequently, EPA claims that pending
enforcement actions make it difficult to include the
cpmr|jj|nity in decision making. Mr. Hankins
commented that the subcommittee should make
every effort to convince DOJ that DOJ should
adopt an approach that includes all affected
stakeholders. Mr. Lazarus added that a SEP
need not be approved by DOJ if it is included in
an EPA administrative action. EPA regional
.offices have greater autonomy in approving a
SEP when the SEP is included in an
administrative action than when it is an element of
a judicial action, he added.
Ms. Ferris requested that a member of the
subcommittee take the lead in developing a
resolution that summarizes the subcommittee's
discussion of SEPs. She suggested that
members of the subcommittee also meet with Mr.
Joel Gross, head of enforcement at DOJ's Natural
Resources Division, to discuss SEPs. She
indicated that Mr. Gross is attempting to create a
culture within DOJ that is more receptive to SEPs.
Ms. Ferris agreed to arrange a meeting with DOJ
and to attempt to obtain travel funds for members
of the work group to attend the meeting. Mr. Cole
agreed to host a conference call on SEPs and
was selected to chair the work group. The
conference call was scheduled for January 23,
1997.
Ms. Ferris also noted that one of the
responsibilities of the subcommittee is to identify
additional statutory and legal authorities under
which EPA can address concerns related to
environmental justice.
2.2.3 Work Group on Open Market Trading
of Air Emissions Credits
Ms. Ferris commented that the work group had
made little progress, because the rule regarding
the trading of air emissions credits is undergoing
the approval process. Ms. Ferris said that the
work group had questioned whether an analysis
of issues related to environmental justice within
the trading program had been conducted and had
asked for research on the effects of air emissions
trading on environmental justice communities.
Ms. Ferris suggested that the work group hold a
conference call to discuss the issue and to begin
developing recommendations to EPA. Ms.
Benally and Mr. Hankins volunteered to assist Mr.
Drury, who agreed to serve as chair. Ms. Peggy
Shepard, who was not present, also is a member
of the work group.
Noting that communities often are not informed
about decisions being made about ozone
controls, Mr. Ray requested that EPA give a
briefing to the subcommittee on air toxics,
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National Environmental Justice Advisory Council
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participates, and ozone controls. He added that
such information should be communicated to
communities so that they can understand better
how policies, such as that regulating ozone
controls, will affect them, particularly in light of
some studies which indicate that some controls
may concentrate ozone in urban areas, he said.
In addition, Mr. Ray said that the issuance of air
permits under Title V of the Clean Air Act is
another issue that should be examined by the
work group. Ms. Ferris asked the work group to
determine whether a work group addressing Title
V was necessary. Mr. Ray suggested that some
of the issues related to Title V might be
appropriate for discussion by another
'subcommittee, such as the Health and Research
Subcommittee.
Mr. Drury discussed the resolution that he had
developed on the trading of air emissions credits
in California. He reported that EPA currently is
reviewing Rule 1610, proposed by the California
South Coast Air Quality Management District,
which would allow companies to trade air
pollution credits for compliance with pollution
prevention activities. Mr. Drury said that his
organization, Communities for a Better
Environment (CBE), has expressed several
concerns about the potential effects of Rule 1610
on people of color and low-income communities.
He explained that in 1991, at the urging of CBE,
local labor unions; and other groups, the South
Coast Air Quality Management District had
adopted a rule that requires oil refinery marine
terminals to install vapor recovery equipment that
reduces emissions of volatile organic compounds
(VOC). Each time an oil tanker loads or unloads
fuel, it releases approximately six tons of VOCs,
thus exposing the workers and residents living
near the terminals to high levels of benzene and
other toxic chemicals, he continued. He stated
further that similar rules have been implemented
in New Jersey, Louisiana, and San Francisco.
Mr. Drury explained that in Los Angeles, several
oil refineries are trying to avoid compliance with
the rule, by trading air pollution credits earned by
scrapping old automobiles for pollution "debits"
generated by activities at marine terminals, he
said. Mr. Drury commented that this case
illustrates why trading of pollution credits does not
work, because pollution caused by automobiles is
spread across the region, while pollution from
activities at a marine terminals is concentrated in
the vicinity of the terminal. He stated Rule 1610
raises issues related to civil rights because the
burden of the pollution is shifted from the entire
air district to a single community. .. Many
communities within the immediate vicinity of the
terminals, he pointed out, are made up
predominantly of low-income populations or
people of color. Mr. Drury proposed that the
subcommittee forward a resolution to the
Executive Council of NEJAC requesting that
NEJAC ask EPA not to approve Rule 1610. He
added that EPA should require oil refineries
located in Los Angeles, California to install the
vapor recovery equipment that has been installed
at refineries located in other states. Ms. Benally
cited .a similar case in which a coal-buming power
plant in New Mexico sends electrical power to
residents in California while residents in New
Mexico absorb the pollution from the power plant.
Mr. Ray, who Ms. Ferris noted has worked with
EPA on the subject of the trading of air emissions
credits, stated that EPA is incorporating trading
programs in several program areas. He indicated
that several issues affect all trading programs,
including, for example, the participation of the
public in decision making under the trading
programs. Ms. Ferris thanked Mr. Drury for his
report. Explaining that the mission of the NEJAC
and its subcommittees is to provide broad
recommendations to EPA about policy, she stated
that a resolution concerning the trading of air
emissions. credits should focus on the
development by EPA of guidelines on the
applicability of programs allowed under rules such
as Rule 1610. Mr. Lazarus added that the NEJAC
will not consider a resolution drafted to resolve a
dispute related to a specific site; rather, the
resolution should discuss lessons learned from
particular cases, but must address national
issues, he said. Ms. Ferris added that, when
considering the effects of the trading of credits,
the subcommittee should examine the questions
of who benefits from and who bears the burdens
of trading. She agreed to report to the Executive
Council of the NEJAC on the next steps the
subcommittee will pursue, as well as to develop a
resolution, for which she was to request a mail
ballot so that the members of the NEJAC would
have adequate time to review the resolution.
2.2.4 Work Group on the Permitting Process
Mr. Lazarus, chair of the Work Group on the
Permitting Process, summarized the status of
activities undertaken by the work group. He
stated that a copy of the NEJAC's memorandum.
Integrating Environmental Justice into EPA's
Baltimore, Maryland, December10 and 11,1996
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Permitting Authority, dated July 1996, had been
distributed to the subcommittee members. Mr.
Lazarus noted that the issue of EPA's permit
authority arose during discussion of several cases
that Ipqk place during conference calls of the
subcommittee. He explained that the cases
involve situations in which EPA held that it lacks
the authority to issue or review permits for
facilities at which concerns related to
environmental justice have been raised. The
work group also decided to examine several
relevant statutes to determine ways in which the
agency could use existing statutory authorities to
respond to environmental justice concerns, he
continued.
Commenting that the natural tendency of
agencies examining issues in response to
litigation is to take a narrow view of statutory
authorization, he stated that fie believes that
EPA's statufbry authorities well may be broader
than what the Agency believes. Ms. Linda
Boornazian, EPA Office of Site Remediation and
Enforcement (OSRE), indicated that although
many state voluntary cleanup programs (VCP)
had been created initially to address the cleanup
Of ipyfcrjsk sites, they now realize that the cleanup
of sites at which risk levels were relatively low
sometimes is more complex than what first may
appear to be the case. She indicated that sites
that had the potential to be listed on the National
priorities List (NPL) now may be cleaned up
under a VCP, instead of under the provisions of
Superfund. Mr. Lazarus reported that the work
group 'examined environmental statutes to identify
any open-ended language that could be used
during the issuance and review of permits to
address such environmental issues as
aggregation of risk, disproportionate distribution
of environmental burdens, and building of
enforcement capacity within communities to
oversee compliance in the community.
The purpose of the July 1996 memorandum is to
encourage EPA to examine ways to address
environmental justice issues under different
statutes, stated Mr. Lazarus. He reported that the
memorandum had been distributed in May 1996
to various program offices of EPA; OGC had
responded by sharing the results of a survey it
had prepared about statutory authority, he added.
Mr. Lazarus noted that a discussion of the survey
had bej§n Integrated into the memorandum. Ms.
Benally asked that tribes be included among the
entttiesjo whprri EPA has delegated authority to
issue permits. Mr. Lazarus stated that he had not
included a reference to tribal governments in the
memorandum because such governments
currently do not have permitting authority under
. most environmental statutes.
Mr. Lazarus then presented a resolution urging
EPA to:
• Take a more proactive approach in exercising
its authority under applicable statutes
• Conduct a comprehensive survey of its
existing statutory and regulatory authority to
promote environmental justice under each of
the specific environmental pollution control
laws and report the results of the survey to
NEJAC and the Enforcement Subcommittee
by July 18,1997
• Report the results of the survey to all relevant
federal, tribal, and state permitting entities
and environmental justice community
organizations
•t
Mr. Hankins asked whether Mr. Lazarus thought
that the memorandum would encourage the
"Republican Congress" to revise the laws to
eliminate any open-ended language. Mr. Lazarus
responded that he did not think the issue would
draw attention from that level. The subcommittee
agreed to forward the resolution to the Executive
Council of the NEJAC for consideration.
3.0 ENVIRONMENTAL JUSTICE ISSUES
RELATED TO ENFORCEMENT AND
COMPLIANCE ASSURANCE
This section summarizes the subcommittee's
discussion of issues related to enforcement and
compliance assurance. Presented below are
summaries of their discussions of state VCPs,
diversity in the workforce, and EPA's federal
facility environmental justice targeting initiative. In
addition, an EPA staff member in the audience
reported that an EPA work group on Risk-Based
Targeting is drafting a paper about targeting
enforcement actions for environmental justice.
That individual agreed to provide to the
subcommittee a copy of the paper when it is
completed in January or early February 1997.
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National Environmental Justice Advisory Council
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3.1 State Voluntary Cleanup Programs
Ms. Boornazian, provided an overview of state
VCPs. She also introduced Ms. Leslie Kaschak
and Ms. Rose Harvell, OSRE, and Diane
McDonough, OSWER, who were to be available
to respond to questions.
" Ms. Boornazian first stated that EPA is very
interested in working with states to develop VCPs
that encourage initiatives, such as the Brownfields
Initiative, that are intended to accomplish
cleanups because EPA does not have the
resources to address all the existing hazardous
waste sites. She reported that, to date,
approximately 30 states have VCPs. The
programs vary in nature; she continued; some are
fee-based while others require the potentially
responsible party (PRP) to self-certify. Ms.
Boornazian added that some programs require
the state to conduct physical oversight of cleanup
activities. The overall goal of many state VCPs is
to provide a more streamlined and less
confrontational approach to cleanup than
traditional cleanup programs, she said. Under a
VCP, the party cleaning up the site is a classified
as a "volunteering party" not a "responsible party,"
she continued.
Ms. Boornazian indicated that although many
state VCPs had been created initially to address
the cleanup of low-risk sites, state now realize
that the cleanup of sites at which risk levels were
relatively low sometimes may be more complex
than what first may appear to be the case. She
indicated that sites that had the potential to be
listed on.the National Priorities List (NPL) now
may be cleaned up under a VCP instead of under
the provisions of Superfund.
Ms. Boornazian reported that states have
indicated that they would- like EPA to approve
their VCPs because such approval would
encourage PRPs to participate in such programs.
Recently, she continued, legislation has been
proposed that establishes criteria for self-
certification of state VCPs. Ms. Boornazian
added that the subcommittee could assist EPA in
the effort by providing advice to EPA about how
, states should develop VCPs, as well as how EPA
should recognize or support such programs. Ms.
Boornazian added that EPA Administrator
Browner always has held that the agency should
"fix the entire. Superfund program, not just
portions of it." She reported that legislation that
addresses the liability of lenders for cleanup had
been passed in September 1996 to alleviate the
concerns of lenders about their liability when they
manage elements of site cleanups.
Ms. Boornazian reported that, on November 14,
1996, EPA had issued a memorandum that
provides interim guidance to EPA regional offices
on approaches that can be used in negotiating
memoranda of agreements (MOA) with states.
She said that EPA also is developing
mechanisms, such as the publication of notices in
the Federal Register and conduct of meetings, to
obtain comment on the effectiveness of VCPs.
She explained that the guidance document
identifies six elements EPA deems desirable in
VCPs and instructs the EPA regional .offices to
assess the capabilities of states to address sites
traditionally managed under programs
established under the Resource Conservation
and Recovery Act (RCRA), the Comprehensive
Environmental Response, Compensation, and
Liability Act (CERCLA), and other regulations.
Ms. Boornazian indicated that states would like to
conduct their programs autonomously; however,
EPA would like to retain the ability to investigate
cases in which companies or states fail, to fulfil
their obligations or in which communities have
concerns about environmental compliance, she
said. She added that the draft guidance includes
provisions under which EPA can review, perhaps
annually, compliance issues in case in which
communities have expressed concerns. The
language included in the model MOA preserves
EPA's authority to step in. Ms. Boornazian
reported that eight MOAs for state VCPs have
been signed to date.
In response to Ms. Boomazian's request that the
.subcommittee provide comment about the
feasibility of managing relatively high-risk sites in
a less stringent regulatory environment in which
EPA provides only oversight, Ms. Ferris said that
communities continue to resist the delegation of
"too much authority" to the states, particularly
when a state does not have a proven track record
in achieving equal protection under law. She said
that,, at previous NEJAC meetings, the
subcommittee had deemed it important that EPA
retain its authority, as well as take responsibility to
ensure*that the state fulfills its commitments. Ms.
Ferris added that the subcommittee would oppose
the unilateral delegation of authority to a state
before the state's program had met the criteria
established by EPA.
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Enforcement Subcommittee
National Environmental Justice Advisory Council
Ms. Ferris asked how long EPA approval of a
state VCP would be valid. Ms. Bqornazian
explained that EPA expects to discuss with states
the status of their VCPs each year. Ms. Ferris
asked whether EPA would consider a sunset
provision of three-to-five years. Ms. Ferris asked
Ms. Boornazian to explain the due process
requirements of the process by which sites are
approved for consideration under state VCPs.
Ms. Boornazian responded that the due process
aspects of the guidance had not yet been defined.
Ms. Ferris also expressed concern that, under a
less stringent approval process, Brownfieids sites
might be transferred to developers without first
involving the community. Ms. Boornazian
responded that the concept of VCPs predates the
Browjifieids tnitialjve - Brownfjelds could be used
as a tool for rnariaging cleanup of sites not yet in
the regulatory process^ she added. One of the six
criteria includes meaningful community
involvement Ms. Ferri§ asked that the guidance
include specific requirements about notifying
commuriitiers about potential cleanups. Ms.
McDpnough added that EPA expects that each
program will include provisions for community
involvement
In response to Ms. McDonough's comments that
there is no check list or prescribed method for
achieving public involvement, Ms. Ferris stated
that NEJAC issued the Model Plan for Public
'Participation that suggests ways in which .public
involvement be achieved. Noting that several
states have established policies requiring
cqmr|pnity notification, Ms. McDonough
explained that EPA would like to remain flexible,
yet maintain a baseline of expectations for states
to meet Ms. Boornazian added that VCP
guidance would require community involvement,
as well as make site-by-site assessments of the
needs for additional community involvement.
Ms. Ferris reiterated her concern that the VCPs
might be approved, in perpetuity and that the
develppers of Brownfieids sites might not be
Involving the community in decisions about
cleanup and reuse. She added that the Texas
State Legislature recently had passed several
pieces of legislation that could curtail the
involvement of communities. Mr. Hankins
explained that one of the statutes allows TNRCC
to determine whether a public hearing will be
conducted on a modification or enhancement of
a permit In additioh, if hearings are held, TNRCC
selects places that are not accessible to sorne
communities, he stated. Ms. Boornazian told the
subcommittee that EPA Region VI had signed an
MOA with the state of Texas.
Mr. Cole also expressed a number of concerns
about the effort to create state VCPs. He said
that, although he accepts the reason behind the
creation of such programs,. he believes that
enforcement programs managed by states
generally are "bad." He recommended that EPA
analyze a state's enforcement record and
delegate authority on the basis of the state's past
performance in enforcing regulatory
requirements. There should be quantitative and
qualitative guidelines for evaluating the
enforcement record of a state, he added.
Mr. Cole also asserted that the community must
have a role in the development of an MOA - the
public should have the opportunity to express its
views about-whether EPA should delegate to a
state regulatory authority for a VCP. He added
that the minimum requirement should specify
community involvement to ensure public health.
He explained that Texas has established criteria
that individuals must meet to participate in a
hearing; those standards should be the functional
equivalent of EPA's requirements for public
participation, he stated. Mr. Cole said that for
sites posing relatively high risk, a requirement for
a community involvement process similar to that
required by EPA would make the management of
such sites under state VCPs more acceptable.
He said that, for example, under Superfund
procedures, technical assistance grants (TAG)
enable communities to be involved in decisions to
clean up high-risk sites, but the added that there
are no such provisions in state VCP programs.
Mr. Cole commented that the development of
VCPs is a dangerous precedent if there is no
oversight by EPA.
Mr. Hankins commented that a state should
conduct a health assessment before signing an
MOA. Mr. Ray added that there is a need for
appropriate controls; EPA must state explicitly the
circumstances under which it reserves the right to
take action, he stated. Expressing agreement
with Mr, Ray's suggestion, Mr. Hankins stressed
the importance of explaining those circumstances
in an appropriate manner and in language that the
people can understand. Mr. Ray asked the
possible reasons EPA would modify or cancel an
MOA. Ms. Boornazian responded that the
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National'Environmental'Justice AdvisoryCouncil
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proposed guidance will specify that EPA review
the agreements annually to determine whether
state capacity, authority, or performance has
significantly changed. She indicated the need to
provide companies some degree of certainty that
they will be able to finish the cleanup activities
they initiate. Ms. Ferris remarked that the
certainty almost always seems to fall on the side
of.the company and asked when the communities
that are living near the sites will receive "some
certainty in terms of their health." Ms. Ferris then
added that there must be "some finite aspect to
these programs."
Ms. Boornazian requested that the subcommittee
provide comment for including provisions for
public involvement in the guidance on state
VCPs. She asked the members whether EPA
should use the Model Plan for Public Participation
developed by the NEJAC Public Participation and
Accountability Subcommittee.
Mr. Lament Byrd, International Brotherhood of
Teamsters, suggested that a mechanism by
which to trigger supplemental relief be included in
VCPs. Expressing concern about the guidance's
lack of clarity in identifying EPA's role, Mr. Ray
said that states and industry must know the
specific rules governing EPA's oversight of state
programs. Ms. Boornazian responded that the
draft guidance states that, if a site might pose
"imminent and substantial endangermenf to
human health and the environment, EPA may
choose to oversee state activities at that site.
Ms. Serially asked about tribal involvement in the
approval of MOAs. Ms. Boornazian said that
tribal governments also are eligible for approval of
a VCP. She added that the guidance
memorandum discusses the provision of funds to
tribal governments to achieve the minimum
criteria established for state VCPs.
3.2 Diversity in the Work Force
Ms. Laurie Ford, Administrative and Resource
Management Staff, OECA discussed efforts by
OECA to increase the diversity of its work force.
She reported that, after its 1994 reorganization,
OECA gained several positions, a number of
> which were filled by people of color. She reported
that 10 percent of OECA's managers and
supervisors in grades GS 13 and above are
people of color. Ms. Ford also reported that an
internal OECA work group is working with staff
from EPA's Office of Administration and Resource
Management and EPA's Office of Civil Rights to
develop an affirmative employment plan for
; OECA. OECA continues annually to investigate
and identify those groups that are
underrepresented in OECA's work force, she
concluded. Ms. Ford indicated that OECA
continues to provide training options for its
employees by allowing support staff employees to
be assigned to positions related to administrative
budget and human resources work. Many of
those employees are people of color, thus
expanding the diversity of the work force in those
positions, Ms. Ford said. She also reported that,
in the office of the Assistant Administrator, OECA
has promoted seven clerical and support staff
employees, all people of color, to professional-
level positions. Exhibit 2-3 illustrates the
increases in the number of Special Agents in
EPA's Office of Criminal Enforcement, Forensics,
and Training, who are people of color or women.
In response to a question about how OECA can
assist EPA in increasing the percentage of people
of color among staff throughput the agency, Ms.
Ford said that OECA had identified specific
groups through which to pursue efforts to
increase the number of people of color it hires.
She explained that EPA is seeking ways to
accomplish that goal throughout the agency.
Stressing the need for diversity in upper
management positions in which decisions are
made, Mr..Ray said that OECA must make a
commitment to do so. Ms. Ford commented that
EPA can hire employees from outside the agency
to increase the diversity of its work force.
3.3 Pollution Prevention Initiatives
Mr. James Edward and Ms. Darlene Boerlage,
EPA Federal Facilities Enforcement Office
(FFEO), presented information about an initiative
related to federal facilities that links pollution
prevention initiatives and environmental justice.
Mr. Edward explained that the purpose of the
initiative is to enhance existing policy and
inspection practices and to respond to
recommendations for better targeting. In addition,
FFEO had received similar recommendations
from the Enforcement Subcommittee of the
NEJAC and the Federal Facilities Environmental
Restoration Dialogue Committee, he said. Mr.
Edward also stated that several EPA regional
offices had not yet fully integrated environmental
justice into their federal facility enforcement
activities and had requested additional
information to assist them in doing ,so. FFEO
Baltimore^ Maryland, December 10 and 11,1996
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Enforcement Subcommittee
National Environmental Justice Advisory Council
'3 i<
would welcome suggestions for improving the
inrtia|iye, he said in conclusion.,
Mr. Edward stated that, for the past several years,
FFEO had attempted to integrate considerations
ofenvironmental justice into policies and guidance
governing federal facilities, in particular linking
voluntary pollution prevention activities with
environmental justice.
Exhibit 2-3
WORKFORCE DIVERSITY
Percent of Special Agents
% People of Color
% Women
i 1992 Q 1996
on
In response to Executive Order 12898
enyirpnnriental justice and Executive Order 12856
- on" pollution 'preveritionT FFEp had developed
guidance and tools to assist federal agencies in
developing a g e n c y w i d e
strategies for addressing pollution prevention, he
explained. The guidance discusses the
integration of considerations of environmental
justice into the strategies. Mr. Edward noted that
approximately 2,500 federal facilities must comply
with the Executive order on pollution prevention,
which also includes a goal to reduce by 50
percent the releases of chemicals listed in the
Toxic Release Inventory (TRI).
Explaining that the 50 percent reduction applies to
the total of the releases by federal facilities, Mr.
Edward stated that the FFEO guidance
encourages federal agencies to target facilities
about which there are concerns related to
environmental justice for a greater percentage of
the reductions than currently accounted for. He
reported that agencies were to have submitted
strategies in 1995, adding that the strategies are
available in a printed version from FFEO, as well
as on FFEO's Internet home page. Federal
agencies also were required to develop plans
detailing how each federal facility will help the
agency achieve the goal of a 50 percent
reduction, he said, stating that those plans had
been due in December 1995 and must be made
available to the public. Mr. Edward encouraged
the public to become involved in ensuring that the
pollution prevention plans for specific facilities are
implemented. He indicated that FFEO also
produced an environmental outreach guide to
assist federal agencies in implementing those
plans.
Mr. Edward stated that FFEO also had integrated
environmental justice into other areas of the
federal facility enforcement program.
Environmental justice is one of the criteria that
EPA regional offices use to target federal facilities
for multimedia inspections, he explained. Mr.
Edward said that a list is available to the public of
facilities that have been inspected under the
multimedia inspection program. He added that
one of the criteria used to target facilities is
whether the facility is included among those
identified by communities to be affected by
environmental justice concerns. A list of such
facilities is available from OEJ, he said.
Mr. Edward also described in detail several
methods through which FFEO has integrated
environmental justice into its programs. He stated
that FFEO had drafted an addendum to the EPA
interim policy on SEPs which "pushes the
environmental justice component further." In
addition, FFEO has prepared profiles for 25
federal facilities, using a geographic information
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Baltimore, Maryland, December 10 and 11,1996
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National Environmental Justice Advisory Council
Enforcement Subcommittee
system to identify federal facilities that might be
affected by claims related to environmental
justice. The profiles were provided to the federal
agencies to assist them in complying with the
Executive order on pollution prevention, said Mr.
Edward.
Ms. Darlene Boerlage, Environmental Justice
Coordinator, FFEO, provided an overview of the
facilities monitored under the initiative. She
explained that FFEO had conducted a
demographic analysis of 30 facilities that had
failed at least three compliance indicators.
Thecompliance indicators included the number of
recent violations, a history of " significant
noncorripliance, listing on the NPL, and lack of
inspection activity. A separate indicator was used
to track self-reporting by local communities. If a
site had been reported to be of concern and was
in the TRI, a GIS evaluation was automatically
conducted for the facility. The focus of the
demographic analysis, she said; was to identify
the percentages of low-income population and
people of color living near each facility. Ms.
Boerlage presented maps of four facilities and
discussed the findings of the demographic
analyses. Exhibit 2-4 provides a breakdown by
federal agency of facilities that reported data for
the 1994 TRI.. -
At the conclusion of the presentation, Mr. Lazarus
commented that the subcommittee had been
frustrated by the lack of targeting and thanked
FFEO for taking the lead on this issue. A member
of the audience suggested that EPA develop a
standard set of definitions to be used by all
individuals involved in targeting projects.
4.0 RESOLUTIONS
This section of the chapter summarizes the
resolutions made by the Enforcement
Subcommittee forwarded to the Executive Council
of the NEJAC that the subcommittee discussed
throughout the two-day meeting.
The members discussed a resolution in which
•they recommended thatth,e NEJAC inquire about
the status of labor disputes at facilities where
NEJAC meetings are held and that the NEJAC
should not do business with contractors engaged
in labor disputes. This resolution was forwarded
to the Executive Council of the NEJAC for
consideration.
Exhibit 2-4
FEDERAL FACILITIES REPORTING DATA
in the 1994 Toxics Release Inventory
Total Facilities
Federal facilities owned / operated by DoD
Federal facilities owned / operated by OOE
Federal facilities owned / operated by civilian agenci
Top 100 High-Risk Facilities
The members discussed a resolution in which
they recommended that the NEJAC advise EPA
to undertake a comprehensive survey, of its
existing statutory and regulatory authority to
promote environmental justice under each of the
specific environmental pollution control laws.
This resolution was forwarded to the Executive
Council of the NEJAC for consideration.
Baltimore, Maryland, December 10 and 11,1996
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Enforcement Subcommittee
National Environmental Justice Advisory Council
The members discussed a resolution in which
they recommended that the NEJAC advise EPA
to continue to coordinate development of a
guidance on targeting enforcement activities in a
tjmgly manner, including incorporation of
information related to environmental justice,
development of an official policy on targeting, use
of environmental justice targeting information to
establish priorities among activities, and taking
actions that will reduce effects on low-income
communities and people of color. In addition, the
members recommendedthatE^shguld conduct.'
workshops with representatives from
environmental justice communities to discuss
environmental justice targeting efforts, tools, and
access and use of this information by the public.
This resolution was forwarded to the Executive
Council of the NEJAC for consideration.
1 ill!- „:";»''' , ''' ' :; i' ... ''' • •"'"', ''Will. •' »•"' L ,i, •' ,,i,v ,„; '','' ' »' ",
The members discussed a resolution in which
they recommended that the NEJAC urge the
OEgA program offices to coordinate with one
another to developi'a process for integrating the
IDEA program with qtijer applicable enforcement
and cqrnpliance databases, as well as to
investigate the utility of other EPA and other
federal agency databases. The effort should
evaluate both the independent analyses of
enforcement and compliance data and
mechanisms to allow communities to make use of
.either the capability or the data from a fully
integrated system, the members agreed. This
resolution was;forwarded to tiie Executive Council
of the NEJAC for consideration.
The rjrie.rnbers discussed a resolution in which
they recommended that NEJAC advise EPA to
interpret Title VI of the Civil Rights Act of 1964 in
a manner designed to strengthen the protection of
civil and environmental rights by fulfilling the
Constitutional mandate of equal protection under
law. In addition to requesting that the NEJAC
meqf with the EPA Effgibti 6 Administrator and
TNRCC to discuss environmental justice issues,
: • „' 'pii'iki'!1 "M.1 „. 'I,;',i,.iif' '' .I1"!1 I ii . il!:>"H!li|| I T •.'1,1,,,'"•.:•'i.!.i' 4 •
specific provisions of the resolution called for the
development of a resolution on the trading of air
efnissjqns credits and a request that the NEJAC
Health and Research Subcommittee to examine
issuis" concerning the trading of "air emissions
creditsand the proposed rule"P'MlO. The
resolution also requested that EPA establish a
process for examining funding for tribal
enforcement activities, report on the per capita
dollar amount spent on enforcement activities,
provide a status update on compliance arid
enforcement trailing activities, provide a list of
organizations who are conducting worker training
to the Enforcement Subcommittee's YYqrKer
Protection Work Group. The resolution was
forwarded to the Executive Council of the NEJAC
for consideration.
".I, 'v' ..'•;'( "Sir1
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Baltimore, Maryland, December 10 and 11,1996
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National Environmental Justice Advisory Council
Health and Research Subcommittee
CHAPTER THREE
MEETING OF THE
HEALTH AND RESEARCH SUBCOMMITTEE
1.0 INTRODUCTION
The Health and Research Subcommittee of the
National Environmental Justice Advisory Council
(NEJAC) conducted a two-day meeting on
Tuesday and Wednesday, December 10 and 11,
1996, during a three-day meeting of the NEJAC in
Baltimore, Maryland. Ms. Mary English, Research
Leader, University of Tennessee Energy,
-Environment, and Resources Center, was elected
by the NEJAC to serve as the new chair of the
subcommittee. Mr. Lawrence Martin, U.S.
Environmental Protection Agency (EPA) Office of
Research and Development (ORD), serves as the
co-Designated Federal Official (DFO) for the
subcommittee, along with Ms. Carol Christensen,
EPA Office of Prevention, Pesticides and Toxic
Substances (OPPTS), the newly appointed co-
DFO for the subcommittee.
Because Ms. English was not present to open the
subcommittee meeting, Mr. Martin, the co-DFO,
did so by welcoming the members present.
Exhibit 3-1 lists the members who attended the
meeting and those who were unable to attend.
This chapter, which provides a detailed summary
of the deliberations of the Health and Research
Subcommittee, is organized in five sections,
including this Introduction. Section 2.0, Activities
of the Subcommittee, summarizes the discussions
about the activities of the subcommittee, including
a review of action items and a discussion of the
-future goals of the subcommittee. Section 3.0,
Presentations and Reports, summarizes the
discussions and presentations about issues
related to health and research activities. Section
4.0, Summary of Public Dialogue, summarizes
presentations and discussions offered during the
public dialogue period. Section 5.0, Resolutions,
presents the resolutions approved by the
subcommittee and forwarded to the Executive
Council of the NEJAC.
2.0 ACTIVITIES OF
THE SUBCOMMITTEE
The members of the Health and Research
Subcommittee discussed the activities of the
subcommittee, which included a review of action
items and a discussion about the future goals of
the subcommittee.
Exhibit 3-1
HEALTH AND RESEARCH
SUBCOMMITTEE
List of Members
Who Attended the Meeting
December 10 and 11,1996
Ms. Mary English*, Chair
Mr. Lawrence Martin, co-DFO
Ms. Carol Christensen, co-DFO
Ms. Sherry Salway-Black
Mr. Douglas Brugge
Ms. Paula Gomez
Mr. Penn Loh
Mr. Andrew McBride
Ms. Marinelle Payton
List of Members
Who Were Unable to Attend
Mr. Kekuni Blaisdell
Ms. Rosa Franklin
*Attendedon December 11, 1996'only
2.1 Review of Selected Action Items
Mr. Martin led a discussion about the status of
action items formulated by the subcommittee at
its meeting in May 1996. The discussions about,
and updates of the most significant action items
are summarized below:
Health and Research Resolution No. 1: NEJAC
requests that EPA, in accordance with Title X of
the Toxic Substances Control Act (TSCA),
formulate several critical regulations regarding
childhood lead poisoning.
Ms. Christensen distributed a letter which was
presented to Mr. Richard Moore, Southwest
Network for Environmental and Economic Justice
and Chair of the NEJAC, from Ms. Lynn Goldman,
Assistant Administrator, EPA OPPTS. Ms.
Christensen explained that the letter was in
response to a letter forwarded by the NEJAC to
the Administrator of EPA concerning lead and
Baltimore, Maryland, December 10 and 11,1996
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Health and Research Subcommittee
National Environmental Justice Advisory Council
mercury. She said that the Administrator
requested that Ms. Goldman respond to the
NEJAC's inquiry because OPPTS is involved in
developing regulations and is the lead for EPA's
Lead Program. In response to the letter, Mr".
Andrew McBride, City of Stamford, Connecticut
Health Department, stated that, the letter from Ms.
^Goldman had not addressed all of the concerns
"outlined in the resolution.
• Follow, up on the status of the draft OPPE report
entitled "Cumulative Exposure and Environmental
Justice."
Mr. Martin reported that he had received a copy of
the report. However, no date had been set to
distribute the report to the subcommittee, he
added.
MI iip '
2.2 Future Goals of the Subcommittee
•
The discussions of the subcommittee centered on
identifying target areas for the future activities of
the subcommittee. During their discussions,
membgrs of the^ujaconiffiittee dgbafed |he goals
and objectives of the subcommittee and
presented a list of possible themes and topic
areas to focus upon when determining the future
direction of the subcommittee.
Mr. Martin asked the members to what extent they
Were willing to work with EPA on risk assessment
initiatives. He suggested the following areas for
action by the subcommittee.
Exhibit 3-2 lists the work groups and the members
of each.
Exhibit 3-2
• Standardize definitions of terms used in risk
assessments
• Identify the tools needed to conduct risk
assessments in the community
' | |f ' "I'll! I I " •• .•• •• - -
• Identify the tools EPA has available
• Work more effectively with the community to
help it use the tools available
The members agreed with Mr. Martin's
suggestions. Ms. English, who had joined the
subcommittee when this discussion took place,
ajso suggested that members interested in
investigating a specific initiative form a work
group to investigate the topic and present the
information to the entire subcommittee. The
members agreed and formed three work groups
through which it would address specific topics.
WORK GROUPS OF THE HEALTH
AND RESEARCH SUBCOMMITTEE
Work Group on EPA's Toxics Agenda
Ms. Mary English, workgroup leader
Ms. Carol Christensen, workgroup leader
Ms. Paula Gomez
Mr. Andrew McBride
Work Group on" Children at Risk in the
Environment (Lead and Asthma)
Mr. Andrew McBride, workgroup leader
Mr. Douglas Brugge
Ms. Mary English
Ms. Paula Gomez
Ms. Marinelle Payton
Work Group on
Community-Based Risk Tools
Mr. Douglas Brugge, workgroup leader
Ms. Paula Gomez
Mr. Penn Loh
Mr. Andrew McBride
Ms. Marinelle Payton
Ms. Mary English
Mr. lyicBrjde recommended that members of the
subcommittee meet before the next NEJAC
meeting. Ms. English concluded by suggesting
that members use electronic mail and telephone
conferences to maintain communication.
3.0 PRESENTATIONS AND REPORTS
This section of the report summarizes the
presentations that were made to the Health and
Research Subcommittee about issues related to
health and research.
3.1 EPA Office of Pollution Prevention And
Toxics
Mr. William Sanders, Director, EPA Office of
Pollution Prevention and Toxics (OPPT),
presented an overview of the office's programs.
Mr. Sanders first distributed copies of a report
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National Environmental Justice Advisory Council
Health and Research Subcommittee
entitled "Annual Report for the Office of Pollution
Prevention and Toxics, Fiscal Year 95." The
report, he explained, addresses two areas of
interest to the subcommittee: EPA's toxics
agenda and cumulative risk. Mr. Sanders
explained that EPA's toxics agenda sets forth the
actions OPPT take on the issue of chemicals in
the environment and the procedures OPPT
follows in making decisions about risk
management. Mr. Sanders told the subcommittee
that extensive studies are conducted to determine
the effects of chemicals on humans and the
environment.
Mr. McBride asked whether the standard for lead
will change from 0.5 to 0.06 micrograms per
deciliter (mg/dL). EPA currently is implementing
Rule 403, which will establish what constitutes a
lead hazard, Mr. Sanders replied. Mr Sanders
added that the guidelines are very complicated.
He explained that guidelines for lead currently are
available; however, no rule has been established,
he noted. Mr. Sanders continued by stating that
safe levels for lead in existing paint will be
determined under the proposed rule.
In response to a request from Mr. McBride, Mr.
Sanders explained that Rule 403 will be a health- •
based standard that is protective of children. He
suggested that the subcommittee members serve
as consultants to the Centers for Disease Control
and Prevention (CDCP) in its efforts to develop
Exhibit 3-3
CUMULATIVE EXPOSURE PROJECT
At the May 1996 meeting of the NEJAC, EPA's
Office of Policy, Planning, and Evaluation
(OPPE) presented a briefing on th'e Cumulative
Exposure Project. The project is designed to be a
tool for community-based evaluations of multiple
pathways of exposure to contamination. OPPE is
attempting to develop a "topography" map of
cumulative exposures in communities.
The project is a follow-up to the environmental
equity report issued by EPA in 1992. The
Cumulative Exposure Project responds to the
issues raised in the report by focusing on
assessment exposure that involves a combined
analysis of numerous emitters, pollutants, and
pathways and a national analysis of exposure in
populations, communities, and geographic areas.
the rule. Mr. Sanders stressed that, although the
levels to which a person can be exposed without
experiencing adverse health effects are
established at the policy level, EPA must make
sure the information makes sense to the
community. Mr. Brugge agreed that he would like
to see-more involvement on the part of the
community.
Mr. Sanders concluded his remarks by identifying
two concerns of OPPT: where chemicals "end up"
and how people are exposed to the chemicals.
OPPT's concern is that information is not
available for all chemicals, he said, which EPA
needs to make risk management decisions about
the chemicals in use. He urged the members of
the subcommittee to provide advice on how risk
management decisions- are made, solving
program issues and helping develop a strategy for
addressing the concerns of about chemicals in
the environment. Mr. Brugge commented that
talking to people about their daily activities is the
only way to learn how they are exposed, to
chemicals.
3.2 EPA Office of Policy, Planning, And
Evaluation
Ms. Tracey Woodruff, EPA Office of Policy,
Planning, and Evaluation (OPPE), presented
information about the work EPA is doing in the
area of cumulative risk. Ms. Woodruff reported
that the findings and recommendations provided
in the EPA 1992 Environmental Equity Report
focus on several areas of risk, including risks
posed by multiple industrial facilities in one area;
cumulative and synergistic effects; multiple and
different pathways of exposure; risk levels by
income and race; and risk levels across
populations, communities, and geographic areas.
In response to the recommendations set forth in
the report, Ms. Woodruff said that EPA has
decided to focus on cumulative exposure
because it is a useful indicator of cumulative risk.
The indicators, she explained, help to focus
environmental policies on those communities and
populations having the greatest cumulative
exposures, help to target resources on the most
important sources and pollutants, and provide
tools for community-level assessments.
Ms. Woodruff announced that EPA has
implemented a project to address the effects of
cumulative exposures. (Exhibit 3-3 presents a
description of the project.) She explained that the
Baltimore, Maryland, December 10 and 11,1996
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Health and Research Subcommittee
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IliSji1 i ' iBli W, - , I i1,. :f S'S .-. Mliill ' i /. '". • -!"!'. .:."')i!1',"'.'.:.'" • '•'
project will be conducted in two phases. Phase 1,
she said, will consist of a national-level analysis of
air, food, and drinking water, as well as a
community-level analysis. Phase 2 will consist of
additional analyses.
Ms. Woodruff then provided an update on the
progress of the cumulative exposure project. She
reported that ERA'S Science Advisory Board had
reviewed the methodologies proposed for Phase
I. The board, s,he continued, had concluded that
the overall conceptual framework for the project
. is scientifically sound and provides a strong basis
" for a mdre integrated approach for assessing
exposures to toxic' pollutants than in past
assessments. She added that the database of
national estirriates of exposure levels for air, food,
and drinking water probably can be completed by
mid-1997 and released to communities. In
concluding her presentation, Ms. Woodruff stated
that if resources are available in late 1997, Phase
2 analyses will be selected.
"if ' " I !?l, ... •. ..• J :,' »''',': ' " .1- ' .' ' "'• ' ' 'i:
After the presentation, the following questions and
.comments were, made,
Mr. Bgjgge asked whether radioactive materials
are included in the contaminants being surveyed
pnder the project. Ms. Woodruff responded that
radon in water and radioactive material in air are
jTionitgre,d. tjls. Marinelle Payton, Harvard
Medical School, then asked whether the methods
Used to conduct studies of radon and radioactive
materja| 8^^^8X816^.1^09110^ the United
States, Ms,. V^qpdruif responded that the answer
depends on the data source; estimates depend
on how much the sample results vary, she
explained! EPA uses science", she added, but it
tries to develop practices that are useful in
making decisions.
Ms. Payton^ asked whether the sample results of
the assessments performed under the project had
been communicated to members of the
community. Ms. Woodruff responded that they
had not, ' ,
Mr. Brugge then asked whether clusters of
^iseas,|| w^rg Meotified in the; communities, if so,
what steps should be taken next. Ms. Woodruff
explained that the questions become how can
toxicoiogical information be used, and how can
we combine the results? Guidance documents
Ire ay|ilable from EPA ftiat discuss why the
»':.( ', ,* iSIl •!,',':' ,; "'
,tf »•»•>: lid Kyi:1 ill!!!
hazards must be aggregated to provide useful
information, she stated.
Ms. Payton asked whether full scale monitoring of
individuals has been considered.. Ms. Woodruff
said some air toxics monitoring has been
conducted and the resulting data are being used
to make comparisons. However, she added
because of money issues, there are no plans to
conduct monitoring for individuals. Mr. Brugge
suggested that individuals be monitored to see
what types of exposures they have experienced.
3.3 Baltimore Environmental Justice
Community Partnership Pilot Project
Mr. Hank Topper, EPA OPPTS; Mr. Dave Mahler,
CONDEA-Vista Company; Mr. Wallace Baker,
Maryland Department of the Environment; and
Mr. Reginald Harris, Environmental Justice
Coordinator for EPA Region III, served as co-
presenters. They provided an overview of the
Baltimore Environmental Justice Community
Partnership Pilot Project currently in place in
Baltimore, Maryland that addresses
environmental justice concerns through
community-based partnerships. (Exhibit 6-6 in
Chapter Six of this report presents a description of
the pilot project.)
Mr. Topper reported that South Baltimore is the
neighborhood in which the partnership is taking
place. In an effort to identify an effective way to
address the environmental issues of concern to
the community, he explained, EPA ,is
implementing partnerships and comprehensive
approaches to environmental protection. After a
meeting on May 3, 1995 with the Mayor of
Baltimore a community environmental partnership
was formed among residents of the community;
local businesses; and federal, state, and local ,
government agencies, stated Mr. Topper. He
then explained that, during a meeting on July 31,
1996, the community environmental partnership
.established the following five committees to
collect information needed to understand the
environment related to each of the five specific
issues:
Air Quality Committee
Cleanup of Trash, Illegal Dumping, and
Housing Committee
Economic Development Committee
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Baltimore, Maryland, December 10 and 11,1996
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National Environmental Justice Advisory Council
Health and Research Sutocommfttee
Surface Water Quality, Improving Parks, and
Natural Resources Committee
Human Health Effects Committee ,
Mr. Tdpper stressed that the partnership is
working to implement recommendations on the
five issues. The community environmental
partnership has opened an office in the
community, training programs have been
established for the residents, and the residents
are being made aware of the grants available, he
continued. The community environmental
partnership project will empower community
residents to unite to bring about action on local
environmental and economic concerns, he
concluded.
Mr. Mahler commented that, with local businesses
working with the community as a trade group,
attention is being focused on health concerns,
dumping of waste, truck traffic, and the
appearance of the area. Local businesses are
attempting to enlist an objective third party to
review the issues and suggest ways to solve the
problems, he added.
Mr. Baker said that when, his office received
complaints from residents, members of his staff
went into the community to learn which issues
were of greatest importance to the community.
Mr. Baker added that his office worked with the
city and state governments to form a partnership
that works to engage communities. His office
faced limits on what it could do, he explained, so
it appointed an environmental justice coordinator
who in turn appointed representatives to the
committees identified above.
Mr. Reginald Harris, Environmental Justice
Coordinator, EPA Region III, commented that
EPA had identified areas in Baltimore in which
risk levels are disproportionate. He said that
steering committees had been established within
the partnership to evaluate, the quality of the air
and the risk posed by lead. He explained that
EPA Region III employed a community-based
environmental protection approach, involving the
community in the evaluation" process. EPA
Region III participates in the Baltimore community
environmental partnership pilot, he added. The
relationships EPA has formed with business and
industry has helped move the process forward, he
concluded. ,
Mr. Brugge, noting that no residents of the
community were present at the meeting they
currently were participating in, stated that the
subcommittee must communicate with the
community because the community outlook is
different from that of other stakeholders. The
community voice plays a vital role in determining
•if the program is successful, he commented. Mr.
Brugge suggested that community sessions could
be held in the evening or on the weekends. The
members of the subcommittee agreed and
decided to discuss the possibility of sponsoring
community sessions at the next meeting of the
subcommittee.
Mr. McBride raised several questions about the
partnership, inquiring about the types of health
hazards are present in the communities. Mr.
Mahler responded that the community will be put
in contact with other organizations to address
health concerns. How will we determine how to
evaluate the community's health concerns and
how will we determine which of the health effects
are the results of adverse environmental health
issues, Mr. MrBride asked. Mr. Mahler responded
that the state has established health-based
guidelines that can be applied to monitor how
much contamination is being released into the
environment. Mr. McBride agreed that there are
standards, but asked if they are enforced. Mr.
Mahler explained that a common-sense approach
must be taken in enforcing standards and that
priorities must be established among target areas
if solutions are to be found. How much money
has the business community put into the
community, Mr. McBride asked, and has a fund
been set up to rectify the conditions causing the
health problems? Mr. Mahler responded that
businesses will take responsibility for problems
they have caused and analyses will be performed
to determine the extent of the risks. We must
provide incentives for businesses to improve
conditions, he, said, adding that the city must
make investments that will be meaningful to the
businesses.
Mr. Brugge pointed out that evaluations should be
conducted from people who both work in local
industries in which risk is a concern and live in
communities in which risk levels are similarly
high. He concluded that occupational health and
safety should be included in the evaluation
process.
Ms. English and Mr. Douglas Brugge, Tufts
University School of Medicine, suggested that
Baltimore, Maryland, December 10 and 11, 1996
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Health and Research Subcommittee
National Environmental Justice Advisory Council
« members of the community be invited to speak at
the next NEJAC meeting in Washington, D.C. to
measure the effectiveness of the, NEJAC in
listening to the concerns of community members.
4fO SUMMARY QE PUBLIC DIALOGUE
in 11 » nil i • '
The Health^ and Research Subcommittee
provided an opportunity for members of the
audience to comment on issues related to health
and research.
4.1 John F. Rosen, Albert Einstein College
Mr. John F. Rosen, Professor of Pediatrics at
Albert Einstein College, discussed multifaceted
lead programs and universal screening for all
children.
Ill I •'• '' ' • !•»» V >'•• "'"" - '' ! '••"•"< " "' ! •" "' '
Mr. Rosen explained that the CDCP Lead
Advisory Committee, of which he is a member,
publishes guidelines for lead every seven years.
The committee's mission statement, he said,
encourages universal screening for lead and
primary prevention to eliminate childhood lead
poisoning over the next 20 years. Pediatricians
who treat .middle-class children oppose lead
screening because only five percent of the'
children they see are affected by lead poisoning,
he conjjnyed. However, he noted, 26 percent of
poor children are affected by lead poisoning. Mr.
Rosen explained that the current standard for
lead, 9,7 mg/dL to 10 mg/dL, was set because it
was considered protective of underprivileged
•.., .: childrep, _ .He^stressed^gat.jhe focus miistbe on
the primary and secondary causes of lead
poisoning. Mr. Rosen also commented, that.,
Sxposure to multiple, toxics, including heavy
metals" as wejj as particulates in the air, causes
' asthma.
Following Mr. Rosen's comments, subcommittee
peitib§rs asked questions and offered
comments.
Ms. English asked whether an approach other
than universal screening could be recommended.
Mr, Rosen said that he would recommend
screening all people of color and low-income
Qjhildren, as well as parents who request
screening for their children. Ms. English then
asked J&fftetfjej; tbgre w,§§ agreement about the
age at which a .child should be screened. Mr.
Rosen replied that any child exposed to lead
should be screened immediately.
Ms. English commented that EPA and the CDCP
should form a partnership through which EPA can
participate in the review process and assist in
developing a legislative strategy.
4.2 Janet A. Phoenix, National Lead
Information Center
Ms. Janet Phoenix, Manager of Public Health
Programs for the National Lead Information
Center, a member of the CDCP Lead Advisory
Committee, and a member of the International
Subcommittee, shared her concerns about the
CDCP's draft statement about proposed revisions
to the national lead standards.
Ms. Phoenix stated that lead levels in the blood of
Caucasian children have fallen while such levels
in the blood of African-American children remain
high. She asserted that the CDCP is retreating
from universal screening 'of children and that
economics is being placed above children of
color. Many of the subcommittee members also
are concerned about this retreat from universal
standards, she stressed. She agreed that all
children whose parents have been exposed at
some point in their lives should be treated.
Mr. Brugge inquired about the cost of tests for
screening for lead. Ms. Phoenix replied that the
cost is $10 for tests performed by a public
laboratory, $60 to $70 when performed by a
private laboratory, and $8 when performed
through a health maintenance organization, to
screen every one- and two-year old child, every
year. Mr. McBride was curious about how
effective the screening process is for identifying a
child at risk. It seems more effective to draw
blood rather than complete a questionnaire, he
noted. Ms. Phoenix agreed that performing the
assessment by questionnaire poorly correlates
with real risk.
Mr. Penn Lo|i, Alternatives for Community and
Environment, asked who will carry out the
universal screening and how CDCP defines
universal screening. Ms. Phoenix explained that
the Academy of Pediatrics and local health
departments rely on the CDCP for guidance. Mr.
McBride added that, if screening requirements are
to become law, the CDCP must recommend the
approach at the state level.
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National Environmental Justice Advisory Council
Health and Research Subcommittee
4.3 Julio Rodriguez, DuPont Corporation
Mr. Julio Rodriguez, Finance Director for DuPont
Corporation and a member of the Comite Timon
Calidad Ambiental De Manati (COTICAMj, shared
his organization's concerns about environmental
health problems in Puerto Rico.
Mr. Rodriguez read a statement from COTICAM
in which the committee stated that understanding
of environmental health problems is limited.
Affected areas are discussed without knowing the .
relationship between cause and effect, he
explained. He stated that COTICAM urges EPA
to procure funds to conduct epidemiologic studies
in areas in which statistics show that health
problems are more prevalent than expected. He
stated further that COTICAM also urges EPA to
exert its influence to motivate state agencies that
have, jurisdiction over such environmental
conditions to request arid issue grants and
conduct epidemiologic studies that will identify
causal relationships between contamination and
health problems. He concluded that, once those
goals have been established, EPA and state
agencies can plan to correct the problems
identified.
After Mr. Rodriguez had read COTICAM's
statement, subcommittee members asked
questipns and offered comments.
Mr. McBride inquired about Mr. Rodriguez's
environmental concerns. Mr. Rodriguez replied
that, specifically, Puerto Rico lags in terms of the
participation of and follow-up by the "people who
can make things happen." Groundwater is
contaminated with chloroform and
trichloroethylene, he added. Mr. McBride asked
if there were any cases of sickness. Mr:
Rodriguez responded that residents living along -
the north coast of the island have a high
incidence of cancer and lung problems. Ms.
Paula Gomez, Brownsville, Texas Community
Health Center, asked, what Mr. Rodriguez
considers an acceptable solution. Mr. Rodriguez
suggested that studies be conducted to identify
solutions. Mr. Brugge closed the discussion with
the comment that, although studies can be
conducted, it will be difficult to establish the
cause-and-effect relationship.
4.4 La Sonya Hall, National Institute of
Environmental Health Science
Ms. La Sonya Hall, Special Assistant to the
Director, Office of International Programs and
Public Health, National Institute of Environmental
Health Science (NIEHS), explained that NIEHS's
efforts to address environmental justice include
awarding environmental justice .grants to projects
that foster communication among health
researchers, health care providers, and affected
community residents. Ms. Hall concluded that
NIEHS maintains a strong commitment to
communities and would like to strengthen the
ability of communities to address environmental
issues. She added, however, that increased
funding is needed. Mr. McBride asked whether
NIEHS and EPA participate in a partnership. Ms.
Hall responded that NIEHS and EPA work
together on several grant programs, but not on
grant programs that consider environmental
justice.
4.5 Jon Capacasa, Anacostia River Initiative
Mr. Jon Capacasa, Manager, Anacostia River
Initiative, presented information about the
Anacostia River Initiative, which incorporates a
community-based approach to environmental
protection. Mr. Capacasa explained that the
Anacostia River area lies between Maryland and
the east side of the District of Columbia. Of
prominent importance to the area is Anacostia
Park, where local residents participate in a variety
of recreational activities. In addition, residents
fish the Anacostia River as a resource for
subsistence-level living. Mr. Capacasa stated
that the Anacostia River is being studied in light of
a Variety of environmental concerns, including the
presence of polychlorinated biphenyls (PCB) in,,
river sediments, lesions on fish, and high levels of
coliform bacteria in the surface water. Mr.
Capacasa reported that some of the activities that
are being initiated through various partnerships
include the issuance of fish advisories,
improvement of science education in schools,
conduct of outreach meetings, development of a
toxics action plan, and performance of multimedia
compliance inspections. He stressed that the
Anacostia River is improving as an ecosystem
and, with the continuation of the partnership, the
community-based environmental protection
approach will continue to be successful. He
added that, although the project is proving to be
a success, participants are concerned about their
ability to overcome institutional failures and
Baltimore, Maryland, December 10 and 11,1996
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Health and Research Subcommittee
National Environmental Justice Advisory Council
maintain community involvement in setting goals.
They also are concerned, he said, about the
ability of EPA to sustain the project.
, ' ;jl ",l* i'..l.'. ,' ' | Ji1 "I.JIS: I- > ;' .
When Mr. Capacasa had completed his remarks,
his assistant showed a sjide presentatipn, and
subcommittee members asked questions and
offered comments.
Mr. Loh stated that he supports community-based
projects and a bottom-up strategy; however, he
added, residents must be part of planning and
enforcement efforts. It is imperative that the
are participating in the project, he continued.
Prob!|ms that are meaningful to the community
must be defined, he added. There must be a
forum through which residents can define the
own elvironrnerit, he concluded.
Ms. English asked whether the goals of the
Anacostia project are related to the original goals
of the Chesapeake Bay revitalization program.
Mr. Capacasa responded that there is an overlap
• between the two. initiatives, but that program does
not attempt to "force fit" all goals. He said, rather
that the agenda is tailored to the needs of the
community.
Mr. McBride asked, whether, if the government
was responsible for the pollution in the Anacostia
River, the government will clean up the River. Mr.
Capacasa responded that the federal government
will encourage federal agencies to enforce
environmental regulations at federal facilities.
,i inn
v 5.0 RESOLUTIONS
This section of the chapter summarizes the
resolutions forwarded by the Health and
Research Subcommitteei to> the Executive Council
of the NEJAC that the subcommittee discussed
throughout the two-day meeting.
The members discussed a resolution in which
they recommended that the NEJAC request
Administrator Browner communicate, to the U.S.
Department of Health and Human Services
(HHS), the U.S. Department of Housing and
Urban Development (HUD), and CDCP, the
concerns of the NEJAC related to the issue of
lead poisoning in children. This resolution was
forwarded to the Executive Council of the NEJAC
for consideration.
The members discussed a resolution in which
they recommended that the NEJAC request EPA
include the NEJAC in the planning and execution
of. the Children's Environmental Health
Conference; set a community-based
environ mental justice agenda for children's
health; and that ORD, OPPT, and other EPA
program offices report on their progress on issues
related to environmental justice and children's
health. This resolution was forwarded to the
Executive Council of the NEJAC for
consideration.
The members discussed a resolution in which
they recommended that the NEJAC request that
EPA*provide an inventory of studies addressing
human health and ecological effects resulting
from environmental stressors in communities on
the islands of Puerto Rico, Vieques, and Culebra.
In addition, the NEJAC requests that EPA report
on initiatives to address community concerns prior
to the next scheduled meeting of the NEJAC.
This resolution was forwarded to the Executive
Council of the NEJAC for consideration.
The members discussed a resolution in which
they recommended that the NEJAC request that
EPA and NJEHS cpprdinatg efforts to increase
funding to support NIEHS wo|"k and urge EPA to
provide programmatic support to those initiatives.
iisi
5-8
Baltimore, Maryland, December 10 and 11,1996
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MEETING SUMMARY
of the
INDIGENOUS PEOPLES SUBCOMMITTEE
of the
NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
December 10 and 11,1996
Baltimore, Maryland
Meeting Summary Accepted By:
Bell
Designated Federal Official
-------
iiiilfe;
I i
-------
National Environments/Justice Advisory Council
Indigenous Peoples Subcommittee
CHAPTER FOUR
MEETING OF THE
INDIGENOUS PEOPLES SUBCOMMITTEE
1.0 INTRODUCTION
The Indigenous Peoples Subcommittee of the
National Environmental Justice Advisory Council
(NEJAC) conducted a two-day meeting on
Tuesday and Wednesday, December 10 and 11,
1996, during a three-day meeting of the NEJAC in
Baltimore, Maryland. Because Ms. Jean
Gamache, Tlingit and Haida Indian Tribes of
Alaska and newly • elected chair of the
subcommittee, was not present at the
subcommittee meeting, the members of the
subcommittee selected Ms. Janice Stevens, Sac
and Fox Nation, to serve as acting chair. Ms.
Elizabeth Bell, American Indian Environmental
Office (AIEO), U.S. Environmental, Protection
Agency (EPA), continues to serve as the
designated federal official (DFO) for the
subcommittee. Exhibit 4-1 presents a list of the
members who attended the meeting and identifies
the member who was unable to attend.
This chapter, which provides a detailed summary
of the deliberations of the Indigenous Peoples
Subcommittee, is organized in six sections,
including this Introduction. Section 2.0, Remarks,
summarizes the opening remarks of the director
of EPA's Office of Environmental Justice (OEJ)
and the DFO. Section 3.0, Activities of the
Subcommittee, summarizes the discussions of the
activities of the subcommittee, including a review
of action items a'nd resolutions. Section 4.0,
Environmental Justice Issues Related to
Indigenous Peoples, summarizes the discussions
about issues reiated'to the environmental justice
concerns of indigenous peoples. Presentations
made to the subcommittee are summarized in
Section 5.0, .Presentations. Section 6.0,
Resolutions, presents the resolutions forwarded
to the Executive Council of the NEJAC:
2.0 REMARKS
Ms. Clarice Gaylord, Director, OEJ, opened the
subcommittee meeting by welcoming the
members of the Indigenous Peoples
Subcommittee and announcing that Mr. Walter
Bresette, Lake Superior Chippewa, had resigned
as chair of the subcommittee and as a member of
the Executive Council of the NEJAC. She
explained that Mr. Bresette had tendered his
resignation because he believed that the NEJAC
Exhibit 4-1
INDIGENOUS PEOPLES
SUBCOMMITTEE
List of Members
Who Attended the Meeting
December 10 and 11,1996
Ms. Janice Stevens, Acting Chair
Ms. Elizabeth Bell, DFO
Mr. Dwayne Beavers**
Ms. Astel Cavanaugh
Mr. James Hill**
Mr. Richard Monette
Mr. Charles Stringer**
List of Members
Who Were Unable to Attend
Ms. Jean Gamache, Chair*
** New members of the subcommittee
had been unable to persuade EPA to suspend
approval of a permit for an underground injection
control process for the proposed Copper Range
solution mining operation. •
The members of the subcommittee reviewed and
discussed the agenda. Ms. Stevens and Mr.
Charles Stringer, White Mountain Apache Indian
Tribe, requested that the subcommittee review
the purpose, of the Indigenous Peoples
Subcommittee. Mr. James Hill, Arizona State
University, asked if the members should draft a
charter for the Indigenous Peoples Subcommittee
or whether the subcommittee should adopt the
broad charter statement of the NEJAC as its
guiding principles. Ms. Bell replied that the
subcommittee should develop a charter that
specifically identifies the vision, goals, and
objectives of the subcommittee. Developing a
mission statement would benefit the
subcommittee by providing direction, she stated.
Ms. Stevens also presented a letter from the
Indigenous Environmental Network informing the
members of the subcommittee of additional
Baltimore, Maryland, December 10 and 11,1996
4-1
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•'•:i!>:»; •• IT!-!, PT SMS /i'1, ' /,"
.'; jVilfflis'tf.TK1':'i1! JIPHI!'1? \'Wt, ',£"»v '•>''":(!'"I;S •,'.' .'T1 h' "
Indigenous Peoples Subcommittee
National Environmental Justice Advisory Council
environmental justice cases involving indigenous
peoples. (Section 4.0 of this chapter presents a
discussion of those cases). The members then
approved the agenda and the meeting
proceeded.
3.0 ACTIVITIES OFTHE SUBCOMMITTEE
This section of the chapter discusses the activities
of the subcommittee, which included a review of
past resolutions and action items; requests for
advice received by trie subcommittee; the
appointment of a tribal elder to the subcommittee;
and |he preparation of letters of appreciation.
'', 3.1 Review ,. of_ ^ Resolutions and Selected
Action Items " "'"'
Ms. Bell led a discussion of resolutions and
selecfed action items developed during the
December 1995 and May 1996 meetings of the
Indigenous Peoples Subcommittee. The
members of the subcommittee reviewed the
resolutions and the selected action items at
length. The deliberations are summarized below.
Indigenous Peoples Resolution No. 1:
i'lli i M'lli'l i
EPA Region IX should directly contact Dine
CARE about the uranium mines located on the
lands of the Navajo Nation and conduct a site visit
of the area to investigate human health and
environmental effects from the mining and milling
operations (for example, contamination of the soil
,and groundwater) and to conduct radon studies of
potentially contaminated homes.
- NEJAC should draft a letter to EPA Region IX
, about uranium mining located on Navajo
(\taiion lands
EPA Region IX should submit a written report
to NEJAC and the Subcommittee on past
agency actions regarding uranium mining and
radon on Navajo lands, findings from these
requested investigations, and proposed
action(s).
uranium mining operations on the lands of the
Navajo Nation in Arizona. Ms. Bell stated that,
during fiscal year (FY) 1996, EPA had placed 195
radon canisters at 10 sites on the Navajo Nation
underjhe Navajo Radon Pilot Project. Six of the
canisters, which were located near schools,
detected levels of radon higher than the annual
average level allowed by regulations, she
reported. Ms. Bell stated that EPA is considering
further action on those sites.
Ms. Bell also stated that EPA, in partnership with
the Navajo Nation's Superfund program, is
conducting an integrated assessment of sites jn
Shiprbck, Arizona to determine the extent of
residual radioactivity in the soil and water in areas
where surface mining had been conducted. One
of the goals of the project is to develop protocols
for similar studies at other mining sites on the
Navajo Nation.
Indigenous Peoples Resolution No. 2:
EPA Regional offices should appoint Native
American staff to serve in Agency tribal
operations programs and use intergovernmental
personnel agreements (IPA) to increase
participation by Native Americans in EPA
programs.
Ms. Bell informed the members of the
subcommittee that EPA had established the
American Indian Advisory Council (AIAC) to assist
in developing diversity in the agency's workforce
and to "champion" the interests of Native
American employees in the agency's workforce.
In addition, she explained that EPA employees
have established the Ethnic Community Forum
(ECF), which is an employee organization that
works with the EPA Deputy Chief of Staff to
promote diversity in the workforce, (vis. Bell
stated that the EFC has been a strong advocate
for the recruitment, hiring, and retention of Native
American employees at EPA and that the AIAC,
the AIEO, and the Indian programs in the EPA
regions support the use of IPAs to accomplish
that goal.
Ms. Bell reported to the members of the
subcommittee that M^.l'^rjs^nn'.'^qgijd, EPA
Region IX, had contacted Ms. Christine Benally of
Dine CARE, who is a member of the Enforcement
Subcommittee of the NEJAC, to discuss specific
concerns about the health and environmental
problems the Navajo people face because of
Ms. Bell reported that, in FY1996, the EPA Office
of Civil Rights "(OCR) hgddetermined that 74 of
the agency's 16,706 full-time equivalent (FTE)
positions were filled by Native Americans. She
stated that the figures were based on employees'
identification of themselves as; Native Americans.
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Baltimore, Maryland, December 10 and 11,1996
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National Environmental Justice Advisory Council
Indigenous Peoples Subcommittee
Indigenous Peoples Resolution No. 3:
EPA Region IX should work with the tribal
community on the Cahuilla reservation to conduct
a study of potential contamination from a waste
disposal site on the reservation.
EPA Region IX should submit a written report
to NEJAC and the subcommittee on past
agencies actions regarding the site, findings
from this requested study, and proposed
. actions.
. Ms. Bell stated that EPA Region IX is working with
the tribal community on the Cahuilla Reservation
to conduct a comprehensive needs assessment
of the reservation. She explained that EPA had
received numerous complaints from citizens
about potential contamination from the waste
disposal site on the reservation; however, she
added, the information currently available to EPA
did not support those claims. Therefore, EPA and
the tribal chair have agreed to focus,their
investigations on the needs assessment, instead
rather than on the specific complaints'received,
she said. Ms. Bell stated that EPA intends to
conduct a multimedia assessment within the year
and subsequent annual follow-ups. She pointed
out that EPA does not intend to ignore the issues
related to the waste disposal; instead, EPA is
working with ,the tribe to identify all potential
environmental issues, she concluded.
Indigenous Peoples Resolution No. 4:
The American Indian Environmental Office, the
Office ofEnvironmentalJustice, the Office of Solid
Waste and Emergency Response, Region X, and
Region VIII should draft a paper on how EPA can
assume permitting authority and issue site-
specific regulations in Indian country under RCRA
Subtitle D lor solid waste management facilities.
Specifically, EPA Region VIII should propose
site-specific regulations for a federal solid
waste permitting process under the Agency's
gap-filing authority for the Lake Andes
Landfill on the Yankton Sioux Reservation.
Ms. Bell reminded the members of the
subcommittee that development of the Resolution
No. 4 had been based on discussions with Mr.-
James Stone, Yankton Sioux Reservation, at the
May 1996 meeting of the subcommittee. She
stated that, on October 29,1996, the U.S. Court
of Appeals for the Circuit Court for the District of
Columbia handed down an opinion about EPA's
approval of the solid waste management program
of the Campo Band of Mission Indians. EPA, she
explained, has issued general regulations under
Subtitle D of the Resource Conservation and
Recovery Act (RCRA) for the development of
tribal programs. The regulations have been
challenged by Backcountry Against Dumps, a
non-Indian community organization with members
located near the Campo Band Indian Reservation
in southern California. She stated that the Campo
Band Indians, who are constructing a landfill for
the disposal of waste generated by the
reservation, had requested approval for a solid
waste management program under Subtitle D of
RCRA. Backcountry Against Dumps challenged
EPA's authorization of states and tribes to operate
solid waste programs under Subtitle D of RCRA,
she said.
Ms. Bell then stated that the court's decision in
favor of Backcountry Against Dumps will affect
tribal primacy under federal laws. She stated that
the court believed EPA exceeded its statutory
authority in treating tribes as states for the
purpose of operating solid waste management
programs because the congressional intent was
to treat tribes as municipalities under RCRA. Ms.
Bell stated that she believes neither party won in
the decision because the landfill will be
constructed and the tribe will be able to operate
the landfill under its own authority, but without the
flexibility it would enjoy rf it had the status of a
"state" under RCRA. The decision she continued,
"throws into disarray" EPA's plan to treat tribes as
states under RCRA. The only alternative, she
explained, would be to issue individualized
regulations for each case. Ms. Stevens
requested that a copy of the decision,
Backcountry Against Dumps v. EPA, be
distributed to the members of the subcommittee.
Mr. Stringer asked whether EPA will request that
Congress modify RCRA to state specifically that
tribes have primacy under RCRA. Ms. Bell stated
that EPA would prefer a "legislative fix"; however,
no one in Congress has been willing to address
RCRA since 1988, she observed. Mr. Hill asked
whether the EPA Tribal Operations Committee
(TOC) had addressed this issue. Ms. Bell replied
that the TOC is aware of the issue but had not
addressed it because its current focus was on the
development of a budget for next year.
Indigenous Peoples Resolution No, 5:
EPA Region 8'should submit a written review of
Baltimore, Maryland, December 10 and 11,1996
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Indigenous Peoples Subcommittee
National Environmental Justice Advisory Council
Agency actions to date on the Lake Andes Landfill
on the Yankton Sioux Reservation.
f, ion :•• MI.,, ,r ,: ,?"" I"" a!1;,,," I!, ,aof ,: ;•!• J ',1, ; '•?'/ ,, "„>:„' 'u.'••'["! n '/!' ; •''', •
Ms. Bell updated the members .of the
subcommittee on the environmental justice issue
related to the Lake Andes Landfill on the Yankton
Sioux Reservation, about which Mr. Stone had
made a presentation at the May 1996 meeting of
the subcommittee. (Exhibit 4-2 provides
background information on the Lake Andes
Landfill case.) Ms. Bell then reviewed the events
related to the landfill. She stated that, on October
8, 1993, EPA had _ exempted i .Indian country,
1 inducting "the' exTsting""6r former Yankton Sioux
Reservation from its final determination about the
adequacy of South Dakota's permit program for
solid waste management. On April 7,1994, EPA
published a notice in the Federal Register of its
tentative determination that "the State of South
Dakota has sufficiently demonstrated that the
Yankton Sioux Reservation was disestablished."
However, she continued, after receiving public
commerrts, EPA reversed its deterrnination. In a
letter dated November 10, 1994 to the South
Dakota Department of Environment and Natural
Resources, Mr. William Yellowtail, former
administrator of EPA Region VIII, stated that
EPA's position was that EPA regulations were
•-,'ap'plirabie to'thejsite "proposed by the Southern
Missouri Recycling and Waste Management
District because the facility lies within .the
Doundariespfthere^ervatipn.Under RCRA, EPA
therefore could not deny a permit for the facility,
the letter concluded. On September 19, 1995,
representatives of the waste management district
•• » and three U.S. Senators met with ^ EPA
Administrator Carol Browner to request a waiver
from the requirement for a synthetic liner
because, they maintained, the South Dakota rules
for governing landfills were no longer applicable.
The delegation told Administrator Browner they
wished to seek a waiver, Ms. Bell stated.
Administrator Brgwner offered to explore
administrative options that would allow EPA to
consider a waiver request, Ms. Bell continued,
and, on October 6,1995, EPA decided that it had
sufficient authority to make a finding on the
petition for a waiver.
Continuing, Ms. Bell stated that EPA initiated a
detailed technical review of alternative designs for
the landfill liner and published its findings on
technical conclusions related to the waiver of the
requirement for a synthetic liner. EPA concluded
that ^ compacted clay liner would protect public
Exhibit 4-2
BACKGROUND INFORMATION ON THE
LAKE ANDES LANDFILL ON THE
YANKTON SIOUX RESERVATION
For approximately five years the Yankton Sioux
Tribe has been involved in a conflict over the
siting of the Lake Andes Landfill on the
reservation. The landfill is being constructed by
the Southern Missouri Recycling and Waste
Management District on a site that the tribe says is
located immediately adjacent to a sacred site. In
addition, the tribe disagrees with the site selection
process that the district employed in making the
final selection.'
The district initially chose five sites for
construction; all five were located within the
boundaries of the reservations. The state of South
Dakota maintained that it had jurisdiction over the
selection of the site because the tribe allegedly had
been disestablished by a treaty signed in 1892 that
opened the reservation to settlement by non-
Indians. Because of thejurisdictional issue, EPA
did not become involved, even though the tribe is
a "federally recognized tribe." Construction of the
landfill began while the tribe pursued legal action
to reestablish the reservation.
On June 14,1995, the U.S. District Court, South
Dakota declared that the Yankton Sioux Indian
Tribe's reservation was intact, but, absent any
delegation of authority to the tribe, EPA retained
jurisdiction over the site. However, the court
concluded, because EPA does not have a
permitting program for solid waste, it has no
authority to stop the construction of the landfill.
health adequately, she said. On January 24,
1996, EPA held public hearings in Wagner, South
Dakota and Fort Randall, South Dakota. After
hearing more than 200 public comments, EPA
issued a draft status report, in which the agency
stated that, it was satisfied that with certain
safeguards, the alternative liner design would
protect public health, she said. However, Ms. Bell
added, EPA had found in its draft status report
that "there has been little appreciable cooperation
between the district and the tribe in planning and
preparing for the safe disposal of solid waste. It
is highly desirable for the protection of public
health that a regional landfill conforming to the
4-4
Baltimore, Maryland, December 10 and 11,1996
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National Environmental Justice Advisory Council
Indigenous Peoples Subcommittee
EPA specifications be constructed that will serve
the tribal and non-tribal populace."
Ms. Bell stated that EPA then asked
representatives of the Yankton Sioux Tribe and
the district whether they would be willing to
explore a negotiated settlement. Both parties
agreed, and EPA brought in a professional
mediator to begin the negotiations, she continued.
Ms. Bell stated that, through the negotiations,
EPA 1) determined that the state did not have
jurisdiction over solid waste issues related to
properties on actions within the boundaries of the
reservation; 2) informed the tribe that, if certain
conditions were met, proceedings would continue
with the goal of delegation of regulatory authority
for splid waste matters to the tribe; and 3) granted
the waiver for the alternative liner design.
Ms..Bell stated that on July 17,1996, the General
Council of the Yankton Sioux Tribe voted to reject
joint ownership of the landfill. The tribe continues
to oppose the landfill, she added. Further, the
tribe had initiated a lawsuit against EPA for its
decision to grant the waiver of the 'liner
requirement, she said. The state of South
Dakota, Ms. Bell explained, also had threatened
to sue EPA over its decision that the state does
not have authority over the reservation.
Indigenous Peoples Resolution No. 6:
In light of the Agency's government-to-
government relationship with tribes and treaty and
trust obligations, EPA should review its policies
on mediation and negotiation.
As a trustee, EPA should develop mediation
guidelines that would require the Agency to
advocate to the fullest extent possible the
tribal position when that tribe is in conflict with
other entities so as to ensure the protection of
treaty-reserved rights and trust assets.
Ms. Bell stated that EPA Region VIII had used
mediation to attempt to bringing the Yankton
Sioux Tribe and the waste management district to
consensus. She announced that the SPA •
regional office is preparing a report on the lessons
learned during that process. Ms. Bell stated that
the report will be used to encourage
understanding of, and perhaps support issuance
of policies on, the use of mediation between tribes
and non-tribal entities. Mr. Dwayne Beavers,
Cherokee Nation, asked 'what ro|e EPA had
played in the mediation process. Ms. Bell replied
that EPA had been a "bystander" during the
mediation process. Mr. Stringer also stated that
much of Mr. Stone's frustration with EPA occurred
in part because EPA had not acted as an
advocate for the tribe during the process.
Indigenous Peoples Resolution No. 7:
NEJAC should recommend that EPA strongly
reach out to other federal agencies (such as
DOE) to educate those agencies about Executive
Order 12898 and also to educate them about and
advocate for the fulfillment of the federal
governments trust responsibilities under the
Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA).
Ms. Bell first stated that the resolution had been
developed because Ms. Velma Veloria,
Washington State Legislature, a former member
of the subcommittee, had expressed concern that
the U.S. Department of Energy (DOE) was not
abiding by the Executive order on environmental
justice in its activities at the Hartford Superfund
site in Washington. Ms. Bell stated that the
resolution had been forwarded to the Interagency
Working Group on Environmental Justice (IWG).
She explained that, although the IWG is the
primary mechanism by which EPA consults with
other federal agencies about issues related to
environmental justice, the IWG had not met
regularly during 1996. She explained further that
the infrequent meetings of the group prevented
the "potential enhancement" of the environmental
justice programs within the other federal
agencies. She stated that OEJ had made efforts
to revitalize the working group and continues to
hope that the IWG will serve as a forum for
building a solid environmental justice program
throughout the federal government.
Ms. Bell also explained to the subcommittee that
the Native American Task Force of the IWG had
been abolished more than a year earlier;
however, the issues on which the task force had
not reached closure had been transferred to the
newly created Subcommittee on the Environment
and Natural Resources of the President's
Domestic Policy Council on American Indians and
Alaska Natives. The Subcommittee on the
Environment and Natural Resources is the forum
for coordinating activities of the entire federal
government that address tribes environmental
and natural resource issues, including
environmental justice issues related to indigenous
peoples. EPA's Office of Emergency and
Remedial Response (OERR), Ms. Bell concluded,
had made a commitment to creating a dialogue
Baltimore, Maryland, December 10 and 11,1996
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Indigenous Peoples Subcommittee
National Environmental Justice Advisory Council
with other federal agencies about the federal trust
responsibility under the Comprehensive,
Environmental Response, Compensation, and
Liability Act (CERCLA).
Indigenous Peoples Resolution No. 8:
*
NEJACif should, strongly recommend that tribal
""governments"Be involved, when appropriate, in
the ss/egti/ng,fgfstorage, transportation, disposal,
and treatment options; the siting of new and
renovated facilities; and the scheduling of
treatment and long-term monitoring in sites
Involving tribal rights and Indian Country.
"Ms. Bell stated that the resolution had grown out
of the discussions about the Lake Andes Landfill.
She informed the subcommittee that the NEJAC
had forwarcjed tfte je.solutipD tq Administrator
Browner, as well as the environmental justice and
Indian coordinators in gpX's Office of Solid
Waste and Emergency Response (OSWER).
She also suggested that the resolution be
forwarded to the Waste and Facility Siting
Subcommittee for the consideration of that body.
Ms. Bell also noted that, EPA currently did not
possess the legal or regulatory tools to affect
decisions related to the siting of landfills under
RCRA. Mr, Biay.e.rs,, a^kgd^w,foether there is a
process by which tribes can be notified about the
siting of facilities near Indian lands. Ms. Bell
stated in response that, although the Yankton
Siouxca.se "§hpukj have never happened," the
issue was qpmplicated by the fact the Yankton
Sioux ...Indian. Reseryatipn is a "checkerboard"
reservation. Mr. Beavers commented that, under
the Clean Air Act (CAA), Clean Water Act (CWA),
and CERCLA, tribes are treated as states;
therefore, he asked, why are tribes not so treated
under RCRA. Ms, Bejl replied that, before the
Backcpuntry Against Dumps decision, the agency
believed it had significant discretion in
Implementing RCRA and believed that Congress
intended that tribes have the.status of states
under RCRA. Mr. Stringer suggested that the
''subcommittee^consider developing a resolution
'Ih'at'addresses; tribal authority under Subtitle D of
.".RCRA. ^ ,. ' , ,, ...
Indigenous Peoples Resolution No. 9:
EPA should suspend a pending decision on an
Underground Injection Control (UlC) permit for the
proposed Copper Range solution mining
operation until a full Environmental Impact
Statement (EIS) has been prepared. The EIS
must include an analysis of the environmental
justice implications and impacts to treaty-reserved
rights and resources. All EPA actions regarding
this site must comply with the Agency's treaty and
trust obligations, the Executive Order on
Environmental Justice and the EPA
EnvironmentalJustice Strategy.
Ms. Bell provided an update of the proposed
project. (Exhibit 4-3 presents background
information about the Copper Range Company.)
She stated that, on October 14,1996, the Copper
Range Company (CRC) issued a press release
stating that CRC had suspended its pilot project
on solution mining because the company "cannot
afford to continue to make such expenditures in
light of the uncertainty posed by the new EPA
regulatory process." Ms. Bell explained that the
"process" CRC referred to was EPA's decision on
August 16, 1996 to require an environmental
analysis; the agency had made a commitment to
determine by July 1997 what regulatory
requirements would govern the full-scale project.
Ms. Bell stated that EPA will continue to work with
CRC to 'determine the scope and effect of the
suspension of the pilot project.
Ms. Bell also reported that EPA held a series of
meetings in November 1996 to discuss potential
issues with staff of the Michigan Department of
Environmental Quality, tribes, and representatives
other federal agencies. Participants at the
meetings, she said, identified six issues to be
addressed:
• Transportation issues
• Tribal and culture issues
• Socio-economic effects of the mine on the
Michigan's Upper Peninsula
• Effects of a release from the mine on Lake
Superior and other surface waters and
groundwaters
• Geology land hydrology of the area and
containment of waste
Effectiveness of the financial agreement with
CRC
4-6
Baltimore, Maryland, December 10 and 11,1996
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National Environmental Justice Advisory Council
Indigenous Peoples Subcommittee
Exhibit 4-3
BACKGROUND INFORMATION
ON THE
PROPOSED SOLUTION MINING
PROJECT,
WHITE PINE, MICHIGAN
The Copper Range Company (CRC) first
proposed the solution mining project to the
Michigan Department of Environmental Quality
(MDEQ) in early 1993. The EPA Region V
Underground Injection Control (UIC) Branch, was
contacted about the project in late 1993. Although
EPA Region V had not yet made the determination
that it has jurisdiction over the proposed project,
the mining operation did require a state
groundwater discharge permit. However, the state
permit was not issued because EPA retains direct
implementation authority over the UIC program in
the state of Michigan. EPA Region V continued
to review the project informally, working with the
MDEQ on the technical aspects of the state's
groundwater discharge permif. Unfortunately, the
shutdown of the federal government in FT 1996
hampered the Region's efforts to continue to
review both the solution mining project and the
agency's own regulatory authority.
After a review and discussions with staff of other
EPA regional offices, state UIC programs, and
various regulatory programs at EPA Headquarters,
EPA Region V decided that the CRC solution
mining project fell under the UIC regulations and
that CRC's proposed pilot project could be treated
as a Class 5 well. MDEQ and CRC were notified
of the agency's decision on July 1,1996.
Ms. Bell stated that, on November 22,1996, CRC
had agreed to submit a permit application for the
proposed solution mining project and that EPA
expects to receive the application soon. She also
explained that an environmental analysis will
address the first four issues she had listed, while
the permit review process will focus on the others.
Ms. Bell stated that EPA Region V will prepare the
environmental analysis. Ms. Bell agreed to
provide a copy of the draft analysis, when it
becomes available. Mr. Beavers asked whether
CRC was required to notify other federal'
agencies,, such as the Bureau of Mines, U.S.
Department of the Interior (DOI). Ms. Bell
responded that, because CRC had been mining
in the area for 35 years, a series of underground
shafts already exist and no other permits are
needed.
Indigenous Peoples Resolution No. 10:
EPA's budget to build the capacity of Indian
'tribes, including, but not limited to, resources for
General Assistance Program funds, and funds for
specific programs, be increased and sustained
until all tribes have available to them sufficient
resources and expertise to ensure protection of
human health and the environment on Indian
lands.
Ms. Bell stated that, for more than three years,
EPA had been working closely with the members
of the TOC to develop recommendations for
increasing resources for tribal environmental
programs. She explained that those efforts had
brought about a threefold increase in the agency's
funding for Indian programs. For example, Ms.
Bell reported, in FY 1994, EPA's budget for the
Indian Program was $35 million; for FY 1997,
EPA had requested $99 million. She stated that
the General Assistance Program (GAP) had
grown almost fivefold in the same period. If the
President approves the budget for FY 1998, she
added, EPA will be able to provide each federally
recognized tribe approximately $75,000. While
the budget increases are a significant step
forward in assisting tribes in developing
environmental capacity, Ms. Bell continued, EPA
recognizes that it must do more to build
sustainable tribal environmental programs. EPA's
goal is to continue to work with the tribes to
develop budget requests that support the
establishment of comprehensive tribal
environmental programs throughout Indian
Country, she said. Ms. Bell also stated that the
resolution had been forwarded to the TOC for
consideration in the development of its
recommendations for the FY 1997 budget.
Mr. Thomas Goldtooth, Indigenous Environmental
Network, who is a member of the Waste and
Facility Siting Subcommittee, requested that EPA
provide to the subcommittee copies of the
agency's Indian Program budget for FY 1997.
Ms. Bell agreed to da so. Mr. Goldtooth also
asked whether the GAP provides assistance to
tribal environmental grassroots organizations, in
addition to funds provided for environmental
programs of tribal governments. Ms. Bell replied
that the GAP provides assistance directly to tribal
governments only.
Baltimore, Maryland, December 10 and 11,1996
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Indigenous Peoples Subcommittee
National Environmental Justice Advisory Council
The members then discussed selected action
items.
-* Request that EPA submit a written report to
the subcommittee on EPA activity to address
issues that were previously brought before
gnjiaJndlarjBasketweayers
7, Big Mountain, FortBelknap, St.
k, and Torres Martinez.
Members of the subcommittee focused their
discussion on action EPA had taken to address
environmental justice issues related to the mining
operations at Big Mountain, Arizona. Ms. Bell
reported that EPA Region IX had completed a
comprehensive _~ sampling event'' and site
Investigation (SI) and that the Navajo Nation tribal
program plans to schedule a public meeting to
discuss the findings of the SI. In addition, Ms.
Bell stated that the environmental justice grant
work, which, included an: enyjronrnerifa^ health,
asses1smehflsurve^'l''6rre"sldents "living" hear" the
Black Mesa and Kayenta Mines sites, also had
been completed. '
Ms. Louise Benally, Dine CARE, who was a
member of thg audience, added that, on March
31, 1997 her community, Big Mountain, will be
relocated by the Navajo Nation tribal government
because the Peabody Coal Mine Company
wishes to expand its operations in the area.
Although the community opposes the relocation,
the Ngvajp Nation tribal government supports it
because it will receive $45 million a year, she
said. Ms. Benally also expressed her
disappointment with the Navajo Nation tribal chief
because he is allowing companies to pollute and
destroy tribal lands; as a result, members of the
tribal community are being forced to leave their
homes and their children are, being bom with
serious birth defects, she stated.
Ms. Marcia Moore, Bureau of Land Management
(BLM), DO'l asked which specific state or federal
regulatory agencies are involved in the issue. Ms.
Benally responded that EPA Region IX, DOI's
Bureau of Indian Affairs (BIA), BLM, and DOI's
Office of Surface.Mining (OSM) are involved. Mr.
Stringer asked EPA's position on addressing
concerns of tribal grassroots organizations, while
maintaining its government-to-government
relationship with the tribal governments. Ms. Bell
answered that the situation is difficult because
EPA has a responsibility to address concerns
about public entities, as well as a responsibility to
maintain a government-to-government
relationship with those public entities. As a
general approach, she explained, EPA tries to
include all affected parties in the decision-making
process. Ms. Laura Yoshii, EPA Region IX Cross-
Media Division, also agreed that EPA must
maintain a delicate balance.
Ms. Stevens asked who had conducted the
studies at Big Mountain. Ms. Yoshii stated that
EPA did oversee the conduct of the studies; she
agreed to provide the subcommittee a copy of the
SI that was performed at Big Mountain.
— Request that NEJAC approve the
coordination of a meeting between the
Indigenous Peoples Subcommittee and EPA's
Tribal Operations Committee so they can
work together to avoid duplication of efforts
and strengthen coordination.
Ms. Stevens asked about the status of the TOC.
Ms. Bell stated that the TOC meets three to four
times a year and that for the next few months, its
focus would be on the budget. Ms. Stevens
asked whether the subcommittee could meet with
the TOC. Ms. Bell stated that the TOC does have
an interest in meeting with the subcommittee;
however, coordinating the schedules of the two
groups had been difficult, she commented.
3.2 Requests for
Subcommittee
Advice from the
Ms. Bell informed the members of the
subcommittees that two organizations, the
International City/County Management
Association (ICMA) and the Lower Columbia
River Estuary Program, had sought the advice of
the Indigenous Peoples Subcommittee of the
NEJAC. Ms. Bell s|ated that ICMA is planning to
sponsor an ^environmental justice citizen town
forum" which through local government
representatives, community grassroots and
environmental leaders, and citizens may discuss
the public health risks associated with Superfund
and brownfields sites. She added that ICMA will
use the forum to solicit public comment. ICMA
also is videotaping the meeting for use in a
training video that will educate local governments
and citizens about health risks and the
environmental justice concerns of local
communities. Ms. Bell stated that ICMA expects
to host the forum in February or March 1997. Ms.
Bell suggested that the subcommittee could assist
4-8
Baltimore, Maryland, December 10 and 11, 1996
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National Environmental Justice Advisory Council
Indigenous Peoples Subcommittee
by providing a list of organizations or individuals
that should be invited, as well as by offering
advice on the process ICMA should follow in
planning the forum. Ms. Stevens recommended
that ICMA invite local indigenous groups and
focus the forum on a single topic. She also
recommended that ICMA include indigenous
groups that are involved in Superfund projects.
Mr. Stringer asked whether ICMA ever had
addressed issues related to rural areas. Ms. Bell
stated that she did not know whether ICMA had
done so. The subcommittee agreed to draft a
letter to ICMA stating that when the location of the
forum has been chosen, the subcommittee will
provide a list of local indigenous groups to be
invited.
Ms. Bell then explained that the Lower Columbia
River Estuary Program, Washington, had
requested financial assistance from the NEJAC to
help defray the travel expenses of tribal
representatives who participate in its program.
Ms. Bell stated that providing financial assistance
to groups is outside the scppe of the NEJAC;
however, the subcommittee could provide a list of
organizations that might be able to provide
financial assistance. The members of the
subcommittee agreed to draft a letter providing a
list of appropriate contacts in the northwest area
of the United States, as well as contact
information for the EPA environmental justice
coordinator for EPA Region X.
3.3 Appointment of a Tribal Elder to the
Subcommittee
Ms. Astel Cavanaugh,' Spirit Lake Nation,
expressed concern that the Indigenous Peoples
Subcommittee no longer had a tribal elder among
its members. She reminded the members of the
significant role a tribal elder plays in Native
American culture. (Section 4.3 of this chapter
presents a discussion of the issue.) Mr. Stringer
asked whether there had ever been a tribal elder
on the subcommittee. Ms. Cavanaugh stated that
Mr. Bresette had served as tribal elder and that
she personally misses the presence of an elder at
the table. The members of the subcommittee
agreed to forward a resolution to the NEJAC
requesting the appointment of a tribal elder to the
subcommittee. (Section 6.0 of this chapter
presents a summary of the resolution.)
3.4 Preparation of Letters of Appreciation
Ms. Bell suggested that the Indigenous Peoples
Subcommittee draft letters of appreciation to the
outgoing members of the subcommittee, including
Mr. Bresette. Mr. Hill suggested that the letters be
signed by the new chair of the subcommittee.
The members of the subcommittee agreed.
4.0 ENVIRONMENTAL JUSTICE ISSUES
RELATED TO INDIGENOUS PEOPLES
This section of the report summarizes the
discussions of the subcommittee about site-
specific environmental justice cases.
4.1 Oklahoma Tribes and Regulatory Authority
Under the Clean Water Act
Ms. Stevens led a discussion of tribes residing in
Oklahoma and regulatory authority under the
CWA. She explained that Section 518 of the
1987 amendments to the CWA granted EPA the
authority to approve treatment of a tribal
government as a state for specific purposes, such
as establishing water quality standards for waters
within the reservation and applying to EPA for
approval of such standards. Ms. Stevens stated
that the language provided in the CWA states that
only tribal lands are eligible for such treatment;
however, in Oklahoma, the majority of Indian
lands are allotted to individual members of tribes.
Ms. Stevens requested that EPA perform an in-
depth review of the issue of applicability of the
provisions of the CWA to tribes located on allotted
lands who wish to establish water quality
programs. She added that other tribes in the
United States face this issue. Mr. Stringer
agreed, stating that the resolution should not be
limited to tribes in Oklahoma. Ms. Bell also
agreed, explaining that a review of the issue
might lead EPA to develop a comprehensive
policy on tribal authority over water quality
programs.
The members of the Indigenous Peoples
Subcommittee agreed to forward a resolution to
the Executive Council of the NEJAC to request
that EPA develop an in-depth review of and a
legal opinion on the relationship between tribes
residing in Oklahoma and regulatory authority
under environmental statutes and review
alternatives for the approval of tribal water quality
programs so that members of tribes who live on
allotted lands are eligible to receive funding.
Baltimore, Maryland, December 10 and 11,1996
4-9
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Indigenous Peoples Subcommittee
National Environmental Justice Advisory Council
4.2 Chugachmiut Environmental Protection
Consortium, Alaska
Ms. Bell stated that Mr. Paul Jackson,
Chugachmiut Environmental Protection
Consortium (CEPC), had submitted a letter
requesting the assistance of the Indigenous
Peoples Subcommittee. She reported that, in his
letter, Mr. Jackson explained that EPA Region X
is to renew a National Pollution Discharge
Elimination System (NPDES) permit for the oil
and gas industry to conduct operations in Upper
Cook ln|et, Alaska. The current permit Mr.
Jackson's; letter indicated, allows the discharge of
five billion gallons per year of produced waters,
drilling muds, oil, sewage, and grease into the
inlet Mr. Jackson also explained that the
discharge contains heavy metals and such
substances as benzene, naphthalene, toluene,
aromatic hydrocarbons, and fecal coliform
bacteria. The villages of Port Graham and
Nanwalek, Alaska have expressed concern about
the amount and typp of pollutants that are being
dumped into the Upper Cook Inlet, his letter
continued. The residents of the inlet are worried
over the cumulative effects of the wastes on the
marine ecosystem, he wrote. Mr. Jackson stated
in this letter that the communities rely on the inlet
for a significant portion of their food; in addition,
the subsistence lifestyle is essential to the
physical, mental, and spiritual well-being of these
•'• people^ \ '__ ' , .
:j; :•;, C :' ',,(;•:' 1 &: - •:: M J'>-/".';•,! "|!|: b,' '"<•• ''•''.! <
In his letter, Mr. Jackson stated that EPA Region
X had begun to review the application for renewal
of the NPDES permit; however, the two villages
had been unaware that the process was
underway until the public comment period had
almost ended. He expressed his disappointment
at EPA's failure to maintain its government-to-
government relationship with the two tribes. In his
letter, Mr. Jackson stated that the information that
had been distributed was very difficult for the
public to understand.
Ms. 8,6,11 steted that Mr. Jackson, on behalf of
CEPC, had requested that the NEJAC
recommend that EPA:
• Define the exact nature of a 9ovemment-tq-
government relationship, as well as ensure
that the communities o| Pgrt Graham and
Nanwalek have meaningful influence on the
process and on the standards for protecting
their resources and environment
• Reassess the coastal guidelines that exclude
Cook Inlet from zero discharge requirements
and include representatives of the two tribes
in the conduct of the reassessment
• Request that EPA coordinate with the Port
Graham and Nanwalek communities, as well
as other Alaskan tribes, to develop an
outreach process that is sensitive to cultural
concerns
Mr. Hill stated that the subcommittee first should
identify the steps EPA had taken to address the
concerns expressed by Mr. Jackson. He added
that he would not feel comfortable asking EPA to
do additional work without knowing what had
been done. Mr. Hill suggested that the
Indigenous Peoples Subcommittee recommend
that the NEJAC request that EPA Region X
review its position on issues related to Upper
Cook Inlet. (Section 6.0 of this chapter presents
a summary of the resolution.) -
4.3 Spirit Lake Dakotah Nation, North Dakota
Ms. Cavanaugh discussed the creation of a
channel and water pipeline that would run from
Spirit Lake to the Sheyenne River in the Crowhill
District of the Spirit Lake Dakotah Nation. She
explained that the project is sponsored by the
North Dakota Water Commission, as well as
several federal agencies, including the U.S. Army
Corps of Engineers (USAGE). She stated that the
effects of the project on the health and culture of
the residents of the Crowhill District had not been
evaluated because the federal government had
identified the flooding of the lake as an
emergency, and, as such, exempt from the
requirements under the National Environmental
Policy Act (NEPA) for the conduct of an
environmental impact statement (EIS). Ms.
Cavanaugh urged tribal nations to make federal
agencies "live up to" their responsibility to
maintain a government-to-government
relationship with tribal nations. Agencies such as
USAGE, she stated, must understand that they
cannot bypass tribes in making decisions that
have the potential to alter a nation's culture and
spiritual way of life. In addition, she continued,
tribal elders and spiritual advisors also must be
allowed to participate in decisions because it is
through their wisdom and knowledge that tribes
are guided. "
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Baltimore, Maryland, December 10 and 11,1996
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National Environments) Justice Advisory Council
Indigenous Peoples Subcommittee
Ms. Cavanaugh then introduced Mr. Frank Myrick,
Spirit Lake Nation, who discussed the importance
of including the advice of tribal elders and .spiritual
advisors in decision-making processes. (Exhibit
4-4 provides the full text of Mr. Myrick's
comments.)
After Mr. Myrick discussed the significant role
tribal elders play as spiritual, cultural, and political
advisors for a nation, Ms. Bell returned to a
discussion of the Spirit Lake project, also known
as the Twin Lakes project. She explained that
Twin Lakes is a basin lake that has no natural
outlets from which excess water can, flow thereby
preventing the lake from flooding. Ms. Elizabeth
• Evans, EPA Region VIII, explained further that
USAGE, the Federal Emergency Management
Agency (FEMA), and other federal agencies have
proposed to construct a temporary water
diversion project for Spirit Lake and will ask the
White House Council on Environmental Quality
(CEQ) for an exemption from the NEPA
requirement for the conduct of an EIS. Ms. Evans
stated that EPA had expressed concern about the
project because the decision to build the outlet
should involve the public and had not. In addition,
she continued, USAGE had not identified
alternatives that would prevent the flooding of
Spirit Lake. Ms. Evans explained further that
tribal resources would be affected by the project
because the "emergency outlet" for the lake was
to be built across tribal lands. Ms. Susan Huke,
Forest Service, U.S. Department of Agriculture,
added that the CEQ has the authority to grant
exemptions to the provisions of NEPA in
circumstances that are deemed to be
emergencies. Ms. Evans stated that USAGE
considers the flooding as an emergency because
the wetlands in the are cannot absorb the natural
overflow of the lake.
Ms. Stevens stated that the overriding issue is the
exclusion of tribal representatives from
participation in the decision to build the outlet.
She asked Mr. Myrick what assistance he was
seeking from the NEJAC. Mr. Myrick responded
that the Spirit Lake Nation does not want the
outlet to run across the reservation; there are two
other alternatives, he pointed out.
Mr. Stringer also noted that another significant
issue focused on the need to integrate the voices
of tribal elders and spiritual advisors into decision-
making processes, both within the tribe and in the
tribe's relationship with the federal government.
He announced that his tribe, the White Mountain
Apache Tribe, is developing a policy and legal
document that address the issue. Mr. Stringer
asked that EPA participate in the development of
the policy document, which he characterized as
progressive. The right of tribal self-determination,
he continued, must be acknowledged if the
federal policy on respecting the government-to-
government relationship between the federal
government and tribal nations is to have
credence. The federal government must assist
tribes in building their environment infrastructure,
he said.
Mr. Goldtooth added that, because of its cultural
and spiritual traditions, the Spirit Lake Nation has
a unique relationship with water. Noting that
USAGE historically has devastated Indian lands,
he urged that the federal government review the
role of USAGE in such projects, particularly since
many of the authorities granted to USAGE also
can be delegated to tribes. Mr. Stringer also
expressed concern about USAGE, noting that
USAGE does not have a written policy addressing '
Indian nations or environmental justice, nor does
it treat tribes as it does other U.S. citizens. He
stated that USAGE must be educated to
recognize and consider tribal and environmental
justice issues related to these types of projects.
He suggested that the subcommittee develop a
resolution requesting that Administrator Browner
raise the issue in the IWG.
Mr. Beavers asked what is the time frame of the
outlet .project. Mr. Myrick responded that a
decision is pending, but that construction of the-
proposed outlet will take approximately two years.
Mr. Beavers recommended that the Spirit Lake
Nation apply for an environmental justice grant to
educate the tribe on the issues it will face. Ms.
Huke also suggested that the NEJAC send a
letter to the CEQ requesting that exemption from
the NEPA process not be granted for the project.
Ms. Bell stated that concerns about the project
had been presented to the subcommittee
introduced for Informational purposes; Ms.
Cavanaugh does not want the NEJAC to take any
immediate action, she explained. Mr. Beavers
then recommended that the subcommittee
compile a list of options that the members of the
Spirit Lake Nation can review. Ms. Cavanaugh
then decided to submit several resolutions related
to the issues of Spirit Lake for the subcommittee
to consider. The members of the subcommittee
adopted the resolutions. (Section 6.0 of this
chapter presents a summary of the resolutions.)
Baltimore, Maryland, December 10 and 11,1996
4-11
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Indigenous Peoples Subcommittee
National Environmental Justice Advisory Council
Exhibit 4-4
THE SIGNIFICANCE OF TRIBAL ELDERS
"Before the boat people (Europeans) invaded and colonized Indigenous Nations in the Northern
hemisphere, we lived in harmony and balance with our traditional forms of governmental systems. We relied on
the advice of tribal elders and spiritual .advisors to guide us in our decision-making roles as leaders of a Nation.
Tribal elders and spiritual advisors were held in reverence, honored for their wisdom and knowledge, respected,
and assigned authoritative roles to heal the Nation and its people. They were interwoven in the fabric of tribal
society and government that relied on them for the survival of a Nation. When the Europeans Began exerting their
tactics and pressures of colonization among Indian Nations, the intuitive wisdom of an elder and spiritual advisor
was vital for the Nation to plan and react. Without the visionary thinking of tribal elders and spiritual advisors,
the cultural survival of Indigenous homelands, governments, language, and society stands to lose much more than
its identity.
The interpretation of sovereignty is embedded in every Indigenous Nation's treaty as well as the inherent
right to co-exist with all relatives on Mother Earth. To define it in relative terms can only be understood and felt
by an Indigenous member. To afford tribal elders and spiritual advisors a long-overdue opportunity to assert their
natural rights and voice on key decisions must be supported by Indigenous governments today. Spirit Lake's
constitution and by-laws are premised on [the] democratic principles of the United States constitution and colonial
government domination. It is our assertion that the role of elders and spiritual advisors on Spirit Lake Dakotah
Nation is diminished and must be included within the realm of political decision-making that impacts the cultural,
social, and spiritual well-being of its people. We need to give them opportunities of engaging in discussions on
subject matters of social, cultural, and environmental significance. Secondly, it fails to assign them roles as
political advocates on sensitive subjects related to the desecration of sacred burial sites and holy places by
development contractors and tribal governments].
Indigenous people have always strived to work toward protecting our Mother Earth, fighting for the
sustainability of its inhabitants (eagle, buffalo, medicine plants), and protecting the religious rights of a community.
At the national level, Indigenous Nations have sought to implement and adopt stringent regulations that protect
sacred burial sites, holy places, and the spiritual practices of Indigenous Nations. Spirit Lake Dakotah Nation has
remained autonomous and self-regulating since the treaty of 1867, but, we are functioning without specific tribal
regulations that would protect its sovereign interest over natural resources, desecration of sacred burial sites and
holy placed, environmental impacts (flooding, economic development, pollution).
Why has it taken us 130 years to figure out what needs protection from the onslaught of the U.S. colonization of
Indigenous homelands? The answer to Spirit Lake's dilemma becomes apparent when we open our minds and
hearts to the traditional forms of Indigenous governments (elders and spiritual advisors) and leadership that
provided the balance. We are faced with a serious ecological disaster (flooding) to Spirit Lake Dakotah Nation
that has impacted the social and cultural balance of our people. Our Indigenous homelands will never [be] the
same, as the rising waters redefine the boundaries of Spirit Lake Nation. Spirit Lake elders and spiritual advisors
have warned us of impending dangers yet to come and that our Mother Earth is cleaning and rejuvenating itself in
spite of the human sufferage. We are also told of the disconnection to our Mother Earth when decisions are
rendered that fail to consider the cultural, social, and environmental impacts to human lives."
—Frank Myrick
Tribal Elder of the
Spirit Lake Dakotah Nation
4-72
Baltimore, Maryland, December 10 and11,1996
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National Environmental Justice Advisory Council
Indigenous Peoples Subcommittee
4.4 Mattaponi Indian Tribe, Virginia
Mr. Carl Custalow, assistant chief of the
Mattaponi Indian Tribe, and Ms. Marie Keshick,
Mattaponi Indian Tribe, presented information
about a construction project proposed by the city
of Newport News, Virginia and King William
County, Virginia. Mr, Custalow stated that
Newport News has entered into an agreement
with King William County to construct, within one
mile of the Mattoponi reservation, a pumping
station and reservoir. The agreement would allow
the city to pump 75 million gallons per day of
water from the Mattaponi River into to the
reservoir so that the water can be sold to nearby
communities, he said. In addition, he explained,
the city intends to flood 2,200 acres, including 524
acres of wetlands. Mr. Custalow stated that
approximately 112 Native American sites have
been found in this area. Theflooding also would
affect the bald eagles who nest in this area, he
continued. Ms. Keshick added that, if the
proposed project is approved, the Mattaponi
Indian Tribe would lose the opportunity to analyze
the archaeological sites and re-create the history
of the tribe.
Mr. Custalow also expressed concern about the
effect the purhping of water from the river will
have on the salinity of the river. He explained that
the reservation operates a shad hatchery that
replenishes the stock of the river. He stated that
the Mattaponi have fished the river for "hundreds
of years" and depend on the fish for subsistence.
In addition, he stated that many members of the
tribe that have moved away later express a desire
to "return home"; the proposedTeservoir, he said,
essentially would land-lock the reservation, thus
preventing further expansion to accommodate the
returning members. He concluded his remarks
with the statement that EPA Region III had not
addressed any of those cultural or historical
concerns, which had been identified by the
USAGE during the EIS.
Mr. Stringer asked whether the Mattaponi Indian
Tribe is a federally recognized tribe. Mr. Custalow
replied that the tribe currently is applying for
federal recognition.
Mr. Custalow requested that the NEJAC
recommend to the Administrator of EPA that
issues related to the environmental, cultural, and
spiritual effects on the Mattaponi Indian
Reservation had not been considered in the
development of the EIS for the proposed project.
The members of the subcommittee adopted the
resolution submitted by the representatives of the
Mattaponi Indian Tribe and agreed to forward the
resolution to the Executive Council of the NEJAC
for consideration. (Section 6.0 of this chapter
presents a summary of the resolution.)
4.5 Fort Mojave Indian Tribe, California
Mr. Goldtooth presented ajetter on behalf of the
Fort MojaVe Indian Tribe residing near Needles,
California. In the letter, the tribe expressed
concern about the role played by EPA during the
review of the permit for the proposed Ward Valley
low-level radioactive waste facility. The letter
explained that representatives of EPA Region IX
stated that they concur with the finding of the Fish
and Wildlife Service, DOI, which concluded that
potential releases of radionuclides at the site
would harm the desert tortoise, which is listed on
the Endangered Species List. The environmental
evaluations conducted at the site did not consider
that the desert tortoise plays a sacred role in the
tribe's culture, the letter continued. In addition,
members of the tribe use the Ward Valley area for
religious purposes and gather herbs there that are
used to make traditional medicines, the letter
continued.
Mr. Goldtooth stated that the Fort Mojave Indian
Tribe previously had requested the NEJAC's
assistance in stopping the construction of the
1 waste facility and continues to wait for a response
from the Administrator of EPA. The members of
the subcommittee agreed to adopt a resolution to
recommend that a meeting be scheduled
between senior-level officials of the federal
agencies involved to address the issue. (Section
6.0 of this chapter presents a summary of the
resolution.)
4.6 Traditional Klickitat and Cascade Band of
the Yakirna Nation, Washington
Mr. Goldtooth submitted a letter on behalf of the
traditional Klickitat and Cascade Band of the
Yakima Nation in Washington who, he said, bear
a disproportionate share of the pollution from
aluminum plants, paper and pulp mills, dams,
runoff of the agricultural industry, and discharges
of radioactive contamination into the Columbia
River from the Hanford Nuclear Site. The letter
explained that the tribes depend on the river for
survival. Mr. Goldtooth added that the tribes
continue to maintain their indigenous culture and
conduct spiritual ceremonies rooted in their
relationship with the river.
Baltimore, Maryland, December 10 and 11,1996
4-13
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Indigenous Peoples Subcommittee
National Environmental Justice Advisory Council
The letter explained that studies, such as the
Columbia, River Inter-Tribal Fish Commission
Consumption Survey, have been conducted;
however, these studies have included no effective
outreach or spljcjtatign of participation by the
tribal cprnrrjunity members who are affected
directly by contamination of the river, the letter
continued. The tribes request that, for future
studies, they be involved in the selection of test
sites, development of surveys, and any other
assessments of fjs|i tissue, water borne
pollutants, and river sediment sampling for toxics
and heavy metals.
I
The members of tijeIndigenous Peoples
Subcommittee agreed to forward a resolution to
the E^ecutive^Cgyncll pf the N. EJAC, Jo request
that EPA declare the environmental and human
health risks of concern to the tribes an
environmental justice issue.
4.7 Walpole Island, Ontario, Canada
Ms, Lucy Harrison, American Indian Health
Services, discussed the environmental issues
facing the WaJpole First Nation in Ontario,
Canada. She stated that, in 1967, International
Chemical Industries (ICI), a British chemical
company; opened"a' phosphate fertilizer plant in
Sompra, Ontario, 10 kilometers upriver from
Walpole Island in Algpnac, Michigan and directly
[I'lacroll' fie'JSf '^Ja'r'^ly'er'. from Marine City,
Michigan^ i'ri^1976, the plant closed, leaving
behind a by-product of the operation, gypsum,
that cpilgete,d in waste water ponds the size of
lakes, she stated. The ponds continue to grow
because of excess rainfall, she continued. She
stated that the Ontario Ministry of Environment
and Energy had granted ICI permission to release
overihe next four years 750 billion gallons of that
toxic wastewater into the SL Clair River; however,
the Walpole First Nation secured an injunction
against the release. .
Ms. Harrison stated that the rates of cancer and
birth defects are rising, and that members of the
tribe believe that the people of Walpole .Island
and other nearby communities have suffered
"long enough." She stated that the WaJpole First
."IJPH^PO^J^^J^iJAp' $?• I§P.uestthat EPA
1l|becorr^|nyoty(Bd]nthe issue and secure for, the,
j;|W,a|ppIe '"_First'"_Nation a fair and impartial
subcommittee forwarded a resolution to the
Executive Council of the NEJAC related to the
environemenatl justice issues facing the Walpole
First Nation.
5.0 PRESENTATIONS
This section of the chapter summarizes the
presentation that was made to the Indigenous
Peoples Subcommittee.
5.1 American Indian Lands Environmental
Support Project
Ms. Catherine Fox, Office of Enforcement and
Compliance Assurance (OECA), EPA, provided
the subcommittee a briefing on the American
Indian Lands Environmental Support Project.
Exhibit 4-5 provides a description of the project.
Ms. Fp* stated that federal, " industrial,
commercial, and municipal facilities located on or
rjear |rj|)a| Ja,pd§ h§d been identified through
EPA*s Facility Indexing Systems (pijsjrjsj and that
other information about to those facilities, such as
information about recent enforcement and
compliance activities, multimedia releases of
contaminants, and potential environmental and
human health risks from discharges from the
facilities, also were compiled and evaluated. She
explained that, the analysis indicated that
throughout the United States, 838 facilities are
located on Indian lands and 1,599 facilities are
located within five kilometers of Indian lands.
Exhibit 4-5
ICI pay for the assessment. The members of the
'ill!! ,:,;,," ill n I III I'i ill 'I 'IF ' ('
AMERICAN INDIAN LANDS
ENVIRONMENTAL SUPPORT PROJECT
The American Indian Lands Environmental
Support project is a project designed to integrate
and assess current multimedia releases of
contaminants, potential environmental and human
health risks from those releases, and recent
compliance and enforcement histories, for
facilities located on and near Indian lands. Seven
EPA regions and three tribes currently are
involved in the staff-initiated project. Phase One
Of the project involves the compilation and
distribution of the project database. In Phase
Two, the database, along with other data, will be
used to develop and implement strategies for
reducing the effects of toxic chemicals on and
near tribal lands.
4-14
Baltimore, Maryland, December 10 and 11,1996
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National Environmental Justice Advisory Council
Indigenous Peoples Subcommittee
Ms. Fox reported further that the information and
other environmental data, such as stream
reaches for which fish consumption advisories are
in effect and pesticide use by county, had been
integrated into a geographic information system
(GIS) to create a tool that EPA regions and tribes
will use to gain a better understanding of the
sources and effects of toxic chemicals on and
near Indian lands. She stated that the
information, along with other data, such as those
identifying unpermitted discharges, locations of
underground storage tanks, and mining activities,
can be used to develop strategies to reduce
' potential effects of- toxic chemicals on
communities and ecological resources on Indian
lands. The data set and user's guide for the
, project are being distributed to selected EPA
regions and tribes for review and comment, she
said. Once changes in response to those
comments have been incorporated, Ms. Fox said,
the data will be available on the Internet on
AlEO's home page, as well as through BIA's
Geographic Data Service Center. Mr. Neil
Patterson, Hardenosaunee Environmental Task
Force, added that the data set will contain
information about urban Native American
populations.
Mr. Goldtooth reminded Ms. Fox that the one
guiding principle of the NEJAC is to include
community participation in all phases of a project.
He cautioned Ms. Fox to "keep watch" for
resistance from tribal governments related to this
project.
6.0 RESOLUTIONS
This section of the chapter summarizes the
recommendations made by the Indigenous
Peoples Subcommittee to EPA and the
resolutions to the NEJAC that the subcommittee
discussed throughout the two day meeting.
The members discussed a resolution in which it
recommended that the NEJAC request EPA to
develop an in-depth review and legal opinion on
the relationship between Oklahoma; tribes and
regulatory authority under federal environmental
statutes as well as review alternatives to full
program approval of water quality programs. This
resolution was forwarded to the Executive Council
of the NEJAC for consideration.
The members discussed a resolution in which it
recommended that the EPA Region III issue a
revised environmental impact statement that
considers the cultural, historical, and spiritual
concerns of the Mattaponi Indian Tribe as
identified by the USAGE. This resolution was
forwarded to the Executive Council of the NEJAC
for consideration.
The members discussed a resolution in which it
recommended that the NEJAC urge EPA to
improve indigenous citizen participation in
planning, implementing, and monitoring
programs, policies, and projects such as the
proposed Twin Lakes Outlet. This resolution was
forwarded to the Executive Council of the NEJAC
for consideration.
The members discussed a resolution in which it
recommended that the NEJAC request EPA to
collaborate with federal agencies involved on
Spirit Lake Nation's flooding disaster to ensure
that the NEPA is process is discussed in a public
setting. This resolution was forwarded to the
Executive Council of the NEJAC for
consideration.
The members discussed a resolution in which it
recommended that the NEJAC request EPA'to
appoint an elder to serve on the Indigenous
Peoples Subcommittee of the NEJAC. This
resolution was forwarded to the Executive Council
of the NEJAC for consideration.
The members discussed a resolution in which it
recommended that the NEJAC advise EPA that
under no conditions should projects affecting
Indian lands or resources be exempt form the
process required by NEPA. This resolution was
forwarded to the Executive Council/of the NEJAC
for consideration.
The members discussed a resolution in which it
recommended that the NEJAC urge EPA to
declare the proposed Ward Valley low-level
radioactive facility siting an environmental justice
issue. In addition, the members recommended
that EPA schedule a meeting between senior
level federal officials from the agencies involved
in the siting and representatives from the Fort
Mojave Tribe. This resolution was forwarded to
the Executive Council of the NEJAC for
consideration.
The members discussed a resolution in which it
recommended that the NEJAC request EPA to
investigate the transboundary relationship that
exists with the state of Michigan, Ontario
provincial government, and the Walpole First
Nation. This resolution was forwarded to the
Baltimore, Maryland, December 10 and 11,1996
4-15
-------
1 i nil!! j •: n, ,, •• | "i, [• is i1 • , m i«l; Jiiiili riSt'3«Jwiift";iSi''ww»^rv! r
Indigenous Peoples Subcommittee
National Environmental Justice Advisory Council
Executive Council of the NEJAC for
consideration.
The members discussed a resolution in which it
recommended that the NEJAC request EPA
Region X review actions to date related to Cook
Inlet, Alaska and make recommendations for
improving outreach efforts to tribes in the area.
This resolution was forwarded to the Executive
Council of the NEJAC for consideration.
The members discussed a resolution irj which it
recojfMen3ed.'that the NEJAC request EPA
Region to review and submit a written report on
the issues affecting the traditional Klickitat and
Cascade Band of the Yak|ma Nation in the state
• of Washington. This resolution was forwarded to
the Executive Council of the NEJAC for
consideration.
,'" ! ,, ii;|;iii|iFii if1-!;, i!,;"»' ., ' .iiv'f- I1 : I,!"*!!!1 > '„ *" :'l I1'1.. >,'' - ' i"*'1'' ;'- i"11'1" ;i "
The members discussed a resolution in which it
recommended that the NEJAC support the
" uraniyrn radjatjpn victims committee, Dine
Citizens Against Mining Our Environment, and the
Norther Arizona University partnership to conduct
an epidemiological study on the potential health
impacts of the uranium mill,workers and their
families. This resolution was forwarded to the
Executive Council of the .NEJAC for
consideration.
i;
,'i'fl
t
4-76
Baltimore, Maryland, December 10 and 11,1996
Till
-------
MEETING SUMMARY
of the
INTERNATIONAL SUBCOMMITTEE
of the
NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
December 10 and 11,1996
Baltimore, Maryland
Meeting Summary Accepted By:
Dona Canales
Designated Federal Official
laTdemar Velasquez
Chair
-------
11
-------
National Environmental Justice Advisory Council
International Subcommittee
CHAPTER FIVE
MEETING OF THE
INTERNATIONAL SUBCOMMITTEE
1.0 INTRODUCTION
The International Subcommittee of the National
Environmental Justice Advisory Council (NEJAC)
conducted a two-day meeting on Tuesday and
Wednesday, December 10 and 11,1996 during a
three-day meeting of the NEJAC in Baltimore,
Maryland. Mr. Baldemar Velasquez, Farm Labor
Organizing Committee, continues to serve as
chair of the subcommittee. Ms. Dona Canales,
Office of International Activities (O|A), U.S.
Environmental Protection Agency (EPA), replaced
Ms. Lorraine Frigerio, EPA OIA, as the
Designated Federal Official (DFO) for the
subcommittee. Exhibit 5-1 presents a list of the
members who attended the meeting and identifies
those members who were unable to attend.
»
Exhibit 5-1
INTERNATIONAL SUBCOMMITTEE
List of Members
Who Attended the Meeting
December 10 and 11,1996
Mr. Baldemar Velasquez, Chair
Ms. Dona Canales, DFO
Mr. Jose Bravo
Mr. Richard Drury*
Ms. Denise Ferguson-Southard
Ms. Mildred McClain
Ms. Janet Phoenix
Mr. Bill Simmons
List of Members
Who Were Unable to Attend
Mr. John Borum
Mr. Amoldo Garcia
* Transferred to Enforcement Subcommittee
This chapter, which provides a detailed summary
of the deliberations of the International
Subcommittee, has five sections, including this
Introduction. Section 2.0, Presentations, provides
an overview of each presentation, as well as a
summary of relevant questions and comments
from the members of the subcommittee. Section
3.0, Activities of the Subcommittee, summarizes
the discussions about issues of concern to the
subcommittee, including the approval of the
subcommittee's mission statement. Section 4.0,
Resolutions, summarizes the resolutions
forwarded to the Executive Council of the NEJAC.
2.0 PRESENTATIONS AND REPORTS
This section provides summaries of the
presentations and reports provided during the
meeting.
2.1 Overview of the Activities of the EPA
Office of International Activities
Ms. Pat Koshel, EPA OIA, and Mr. John
Armstead, EPA Region III, presented an overview
of the initiatives undertaken by Ms. Koshel's
office. She talked about three specific initiatives:
Mexico, the Bolivian Sustainable Development
Summit, and South Africa. Section 2.1.4
summarizes the questions and comments of
members of the subcommittee. Exhibit 5-2
summarizes the activities of OIA.
2.1.1 Mexican Programs
Ms. Koshel announced that OIA is preparing,to
release a new border plan for the U.S./Mexico
Border XXI Program. Distribution of the
document has been coordinated through EPA
regional offices and border offices in El Paso,
Texas, and San Diego, California, she said. She
said that EPA believes that the new border plan
represents a milestone for cooperation between
the U.S. and Mexico because:
• The plan was developed jointly by the United
States and Mexico; consensus was reached
"on each and every word in the documenf
• The plan is realistic in that it recognizes the
budget constraints both governments face
Ms. Koshel explained that the Border XXI
Program is designed to achieve a clean
environment, protect public health and natural
resources, and encourage sustainable
development along the border of the U.S. and
Baltimore, Maryland, December 1O and 11,1936
5-1
-------
International Subcommittee
National Environmental Justice Advisory Council
Exhibit 5-2'
OVERVIEW OF THE EPA OFFICE
OF INTERNATIONAL ACTIVITIES
EPA established its Office of International
Activities (OIA) to manage and coordinate EPA's
can work with foreign countries to protect human
health and the environment in the United States, as
well as attempt to engage the international
community in a dialogue to advance science and
knowledge and seek action to reduce threats to the
global environment. OIA has three specific
objectives:
• Protect the citizens of the United States frorn
air, water, and land pollution along U.S.
borders by working with the governments of
border countries and regions
• Reduce global environmental threats, such as
pollution from the atmosphere and oceans
• Enable the U.S. to benefit from the scientific,
technological, and environmental
management advances in other countries
The activities of OIA also encompass foreign
policy, economic, and national security interests of
the United States. Because many of OIA's
activities focus on global environmental issues,
the office is involved in negotiating and
implementing international treaties that address
such issues as climate change, stratospheric ozone
depletion, marine and coastal pollution, and loss >
of biodiversity.
Mexico. Ms. Koshel stated that, because of the
diversity of the border region, five "distinct"
binationalgeographic regions were identified:
Caltfqrnia-Baja California;Arizqna-Spnora; New
Mexico-Texas-Chihuahua; Texas-Cpahui|a-
fcluevqLeon;and fexas-Tamauiipas.
r : jit!;,"i; ;,'..'lii/;.!1: I,,:-,; i'.juf\fw& if.,vnir.., , - •
i ; mi«i' f,lei;ii-•!* :'• i 'Str..av iiii-1'»«':«l!l|i!'Sa'fill'5*5'"('i'" i1 f & !'•" *-;Jl"i:*'' '
Ms. Koshel added that EPA views the Border XXI
Program as an Innovative andflexible program
that tnerefare" will continue to evolve as it
addresses the unique environmental problems of
the border area. The program also has attempted
tp integrate work being carried out by such newly
created institutions as the Border Environment
Cooperation Commission (BECC), the North
Amerigari [Development Bank (NADBank); and
the North American Free Trade Agreement
(NAFTA) Commission for Environmental
Cooperation (CEC), she continued.
Ms. Koshel commented that the Border XXI
Framework Document defines five-year
objectives and describes mechanisms for fulfilling
those objectives. She stressed that consideration
of the viewpoints of the public will continue to be
an integral part of the evolving process as the
program is implemented. Ms. Koshel then
identified a number of key objectives for the next
five years:
• Improve the capacity of state, tribal, and local
health and environmental agencies
• Improve the quality of and ensure the supply
of safe drinking water
• Expand efforts to protect endangered species*
and habitats
Improve efforts to monitor hazardous and
toxic substances
• Promote recycling
• Reduce air pollution
• Reduce barriers to the free movement of
resources across borders for emergency
response
• Intensify enforcement of environmental laws
and increase compliance with them
• Improve the accessibility and availability to
the public of environmental information
Ms. Koshel then noted that recent developments
under the U.S./Mexico border program include the
negotiation of a joint Air Basin Management
District for El Paso, Texas and Juarez, Mexico. In
addition, she a.nnqunged, OIA is sponsoring an
I open competition for grants for iocal communities
and nongovernment organizations to address
border issues. EPA also is working with BECC to
develop a technical assistance program for small
and economically disadvantaged communities,
she continued. EPA also is collaborating with
Native American tribal governments located along
the U.S. side of the border, said Ms. Koshel. She
explained that, in 1996, EPA provided $10 million
for the construction of drinking- and wastewater
S-2
Baltimore, Maryland; December 10 and 11, 1996
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National Environmental Justice Advisory Council
International Subcommittee
treatment facilities on Indian reservations and
other tribal lands. EPA also is providing grant
assistance to make NADBank financing more
affordable to disadvantaged communities along
the border, Ms. Koshel added. She said that,
during 1997, EPA will devote considerable
attention to persuading industry to endorse the
goals of the Border XXI Program, as well as
encourage industry to make voluntary
commitments to reducing pollution through
pollution prevention. .
2.1.2 The Bolivian Sustainable Development
Summit Meeting
Ms. Koshel then reported on the Bolivian summit
meeting held December 7 and 8, 1996 in Santa
Cruz, Bolivia. She commented that EPA found
the summit meeting a somewhat frustrating
exercise because limited progress has been
made on the commitments outlined at the 1994
hemispheric summit meeting in Miami; Florida.
Nevertheless, Ms. Koshel stated, government
leaders at the summit signed a two-part document
that features:
• A declaration of principles
• Ah action plan with five themes: health and
education, sustainable agriculture and
forests, sustainable cities and communities,
water resources and coastal issues, and
energy and minerals
Ms. Koshel added that participants in the summit
meeting considered issues related to
environmental justice, including participation by
citizens in the decision-making processes. She
added that special consideration of such
"vulnerable groups" as "women and children" is
evident throughout both the declaration of
principles and the action plan. She explained that
the action plan opens with a statement
recognizing the role that governments" play in
promoting public participation, equity, and social
justice. Specific themes addressed by
participants in the summit meeting, she added,
included drinking-water issues, economically
disadvantaged and vulnerable groups, access to
and efficient use of energy, and the promotion of
public participation in decision making for
sustainable development.
Ms. Koshel stated that EPA's participation in the
summit meeting primarily focused on issues
related to water and, to a lesser extent, issues
related to sustainable cities.
2.1.3 The South African Program
Ms. Koshel reported that EPA's involvement in
South Africa began two years ago with the
creation of the Gore-Mbeki Commission that
opened the door for improvements in EPA's
involvement in the region. She stated, however,
that a lack of financial resources has limited
significantly EPA's ability to engage in
environmental initiatives on the African continent.
There have been some cooperative efforts with
such organizations as the Peace Corps, the U.S.
Agency for International Development (U.S. AID),
and the World Health Organization, she
commented. Ms. Koshel explained that under the
U.S. AID program, which has funding available,
the focus has been on "green" environmental
initiatives, rather than "brown" environmental
issues, which are within the purview of EPA.
Ms. Koshel then discussed developments in
South Africa since the last meeting of the Gore-
Mbeki Commission in July 1996. She reported
that Mr. William Nitze, EPA Deputy Assistant
Administrator for OIA, recently traveled to South
Africa to meet with South African officials from the
Department of Environment and Tourism, and the
Ministry of Water. Their conversation led to an
agreement to move forward on several issues:
• Provide additional training to environmental
officials in South Africa. Training in the short-
term will focus on management for solid
waste as a train-the-trainer program.
Training on environmental compliance and
enforcement also is under consideration.
• Develop a work plan for activities to be
conducted by the National Association of
State Development Agencies (NASDA) and
the U.S. Environmental Training Institute
(USETI), through their cooperative
agreements with EPA. NASDA focuses on
ways to improve the quality of life for
individuals in South Africa by matching and
adapting U.S. environmental expertise and
technologies to critical needs in South Africa.
USETI focuses on the implementation of a
training program designed to support
infrastructure and environmental capacity-
building.
Baltimore, Maryland, December 10 and 11,1996,
5-3
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International Subcommittee
National Environmental Justice Advisory Council
((ill11 II I I I ll(llll I , ll 'I
"" I
Ms. Koshel also reported that a senior scientist
from EPA Region III, at the invitation and expense
of the South African government, traveled to
South Africa to advise South African officials on
Issues related to mining. She> added that other
activities include the establishment of a small
grants program targeted to small, local
communities, and.NGOs; however, she noted,
some confusion has arisen and barriers have
beerj ; encountgre, 4 lilted to the management of
the grant program.
Ms. Koshel commented about joint activities of
South Africa and Mexico, through which the South
African government solicited assistance from the
Mexican government in developing a version of
the same time, the South African government
asked the Mexican government to assist in the
df vgjopment of an integrated pollution control
system, she said, in concluding her report.
2.1.4 Discussion
During and after Ms. Koshel's presentation, the
members of the subcommittee asked a number of
questions and offered comments. Ms. Mildred
McCIain, Citizens for Environmental Justice,
stated that, with j.egarcj ^ the actions to be
performed under the Gpre-Mbeki Commission,
the lack of specific time lines is an area of
concern. Further, she questioned the
involvement of such nonprofit organizations as
^ NASDA and ySETI and asked specifically why
the private nonprofit entities are assigned to
perform training, rather than using a community-
based approach to training. Ms. Koshel
•'"responded'"that tiie involvement of NASDA and
, >jirU,§ET^exJends, JE-PA'fj rKeach.; EPA also turns to ,
the organizations "to tap their expertise in solving
specific problems, she added. Ms. McCIain
commented that she is very concerned about the
potential that those organizations actually will
shape policy. Ms. Denise Ferguson-Southard,
Office of the Attorney General, State of Maryland,
from a ; state perspective, the
• iijto "skevv results lowfrjj cenr|a.jn perspectives."
Mr. Richard Dairy, Communities for a Better
Environment, inquired who will perform the
training for South African officials, noting his
satisfaction about the "notion" that EPA may be
funding activities of private sector organizations in
that country. Mr. Armstead responded that the
m i i" "
development and conduct of training involved
individuals representing many entities, including
EPA staff, as well as staff of other organizations.
He explained that the primary intention is to work
with many groups and individuals, because
different groups have different expertise to offer.
Ms. Janet Phoenix, National Lead Information
Center, expressed concern about maintenance of
continuity when such organizations are involved.
In response, Ms. Koshel emphasized the
importance of joint strategic planning between the
United States and South Africa, which, she said,
should remedy the potential for discontinuity.
Mr. Armstead added that the training activities in
South Africa also will emphasize capacity-building
which, ideally, should have a trickle down effect
on economic growth, eventually producing more
jobs and opportunities.
Mr. Velasquez, noting that social injustice can be
a direct result of economic development,
reiterated his concern that the United States
Trade Representatives (USTR) is not subject to
the provisions of the Executive order on
environmental justice.
Discussing the Border XXI Program, Mr. Jose
Bravo, Southwest Network for Environmental and
Economic Justice, indicated that there are
significant flaws in the process of the program.
He questioned whether "sustainability" can be
achieved within five years, adding that the choice
of sites for the BECC pilot projects has remained
controversial. One such project aimed at
improving water supply for a local community
resulted in an increase in water rates for that
cponrnunjty, he explained, as an example of his
concern.
Ms. McCIain inquired about the processes
available to the community to monitor the
progress of the Border XXI Program. Ms. Koshel
assured Ms. McCIain that local communities will
be involved in the process. Ms. Ferguson-
Southard added - that EPA also should
aggressively pursue opportunities to work with
such organizations as the American Bar
Association, which can broaden the perspective
of the program. Ms. Koshel agreed, but
cautioned that such cooperative efforts as the
subcommittee had discussed can be
controversial. EPA, she said, will continue to look
for ways to improve the process.
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Baltimore, Maryland, December 10 and 11,1996
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National Environmental Justice Advisory Council
International Subcommittee
2.2 Update from the EPA Office of the General
Counsel
Mr. Dan Magraw, EPA Office of the General
Counsel (OGC), provided an update on recent
activities by OGC to include a discussion of
environmental justice in the agenda's of the
Habitat II Conference and the Environmental Law
Program established by the United Nations
Environmental Programme (UNEP).
2.2.1 Update on the Habitat II Conference
Mr. Magraw stated that the United States had
been successful in its efforts to include in the
Habitat Agenda - the primary document
negotiated at the Habitat II Conference held June
1996 in Istanbul, Turkey — specific language
recognizing the need for environmental justice.
He noted that the European Union strongly
resisted the proposed language because of
preconceptions on the subject of environmental
justice. Those preconceptions were compounded
by the fact that 77 countries participating in the
Conference have very different understandings of
environmental justice, especially in terms of fair
access and equity, he added. Mr. Magraw
commented that, because of that resistence, the
United States succeeded only in establishing
environmental justice as a "recognized problem in
the world community," but failed to convince its
counterparts to make a full commitment to the
issue. The challenge now, he added, is to
determine how to best use the progress achieved
and move forward.
2.2.2 The Environmental Law Program
t ' .
Mr. Magraw also presented a brief overview of the
efforts undertaken by the United States under the
Environmental .Law Program established by
UNEP. He stated that EPA had been successful
in including discussion of environmental justice
and public participation in that dialogue; however,
he said, those efforts fell short of convincing
UNEP to include specific language on
environmental justice. European and Canadian
representatives also resisted the United States
position on environmental priority setting, he
added. Mr. Magraw suggested that, to improve
recognition of environmental justice, the United
States might achieve greater success by working
with the Environmental Law Program on ways to
address components of environmental justice,
such as public participation. He ended his
comments by noting that there appeared to be
consensus on the adoption of strong language on
issues related to lead and other heavy metals.
2.2.3 Discussion
Ms. Ferguson-Southard raised the question
whether the subcommittee should try to
encourage EPA's interest in the international
arena. Mr. Magraw cautioned that, although EPA
might wish to expand its participation in that area,
current laws severely limit such participation.
Further, he noted, while EPA is willing to offer
additional resources, those resources are
somewhat limited because of the lack of
commitment from the U.S. Department of State.
In discussing the issue of breaking down
environmental justice into its components, Ms.
McClain asked if those components, when
considered collectively, still would be referred to
as environmental justice. Mr. Magraw
acknowledged her concern, but emphasized the
importance of taking a "back door" approach,
expanding recognition of environmental justice by
breaking it down into its components. Ms.
Canales commented that a potential problem
exists with different definitions of environmental
justice and what it means. Ms. McClain
•suggested that the problem arises from
misunderstanding of the concept.
Mr. Velasquez commented that other countries
sometimes view efforts by the United States to
push for international recognition of
environmental justice as an attempt to interfere
with their sovereignty.
Mr. Bravo noted that pollutants can migrate
across any number of boundaries. Ms. Ferguson-
Southard added that, , because of the
transboundry migration of pollutants, there is a
need to examine multinational corporations more
closely. Mr. Magraw cautioned that one
constraint could be the limited extraterritorial
reach of U.S. laws. , He added that other
measures could help influence the activities of
other nations. For example, he said, the United
States, while weighing the sensitivity of a
particular issue, may consider restricting aid to
certain nations to exert pressure for cooperation
on such issues as "environmental justice.
Mr. Velasquez reiterated that it is important that
environmental justice and labor protection be
considered when the United States conducts
negotiations with industrialized countries. Mr.
Baltimore, Maryland, December 10 and 11,1996
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International Subcommittee
National Environmental Justice Advisory Council
.Magraw stated.that such Issues are,,considered
and cited provisions of NAFTA that address
environmental protection and public participation.
Although some may perceive that the provisions
place a disproportionate burden on the United
States to ensure proper environmental protection,
Mr. Magraw said, such a conclusion is debatable.
Mr. Velasquez also noted that bad policy-making
frequently is the result of short-sightedness, which
can lead"to disastrpusresujts. He also cautioned
that Ttfii" use of statistics sqmetime can be
deceiving because, he said, they often do not
mirrorreality!
Mr. Magraw also noted that rt is important for EPA
to justify its international activities to Congress
and to explain how'those activities are related to
the,mjssjpn^of .EPA,, In .closing, Mr. Magraw
' ^stat]E^^it^§P^]s'fru^ti^§ci! .over .its, inability to
convene the memjjer countries of the
International Organization of Economic
Development to consider ways to allow citizens to
speak up when their government is unable to
enforce the laws. He added that he would
welcome the input of the subcommittee on the
Issue.
2.3 The South African Exchange Program on
Environmental Justice
Mr. Heetan Kalan, South African Exchange
Program on Environmental Justice, participated in
the meeting through a telephone conference call.
He expressed deep concern over the conduct of
the program by the United States. He stated his
concern about the status of EPA'scommunity
grants program with South Africa. Mr. Kalan
reported tjiat fie had written to the EPA Deputy
Assistant Administrator for OIA to inquire about
the status of the program. He explained that his
concern stemmed from the fact that issues in
South Africa historically have been neglected.
Current information indicated that the grant
process had been stalled because of a change in
leadership in South Africa, he stated. Mr. Kalan
stated that he also is working with other public
interest groups in New England to determine the
status of the grants program.
Mr. Kalan noted that, when the program began,
EPA made two commitments:
• The money budgeted for the grants program
would be released in six months
• An advisory council would be formed to
oversee the grants program
Mr. Kalan expressed concern about the selection
of two nonprofit organizations to manage the
grant process. He stated that the selection had
been made without any consultation with the
South African delegation and therefore is
perceived by many as a "back room deal." He
further indicated that there had been previous
agreement on the formation of a screening
committee, which was to consist of participants in
a previous South African study tour to the United
States. Mr. Kalan stated that the views expressed
by the South African contingent were not taken
seriously.
Mr. Kalan explained that, although $200,000 in
grants would be released, South African
communities will receive about $153,000 of the
total available funds, with the remainder
scheduled to cover overhead and administrative
costs. Mr. Drury questioned the unusually high
percentage calculated for administrative costs.
Ms. Koshel responded that a portion of the
administrative cost will fund efforts by the South
Africa Department of Environment and Tourism
(DEAT) to work with South African communities
and to monitor,..the, grants. She added that the
Deputy Assistant Administrator was very eager to
move forward. Mr. Larry Charles, Organized
North Easterners and Clay Hill and North End,
Inc. (ONE/CHANE), one of two organizations
being considered to manage the program, added
that his organization can supply the necessary
resources.
The desire of the South African contingent, Mr.
Kalan noted, is to see heavy community
participation in the process and in playing a key
role in the formulation of training modules.
However, since the next meeting of the
participants in the exchange program is
scheduled for February 1997, he expressed
skepticism that there will be sufficient public
participation in and influence on the process.
Ms. McCJain asked when Mj, Kalan last met with
the Deputy Assistant Administrator. Mr. Kalan
replied that earlier calls to Mr. Nitze had been
answf red.by his assistants; Mr. Nitze has yet to
return his phone calls, he stated. Ms. McClain
asked whether NEJAC had been consulted,
commenting that certain decisions had been
made outside the "collective" process and that the
5*6
Baltimore, Maryland, December lOand 11,1996
i i rii'iii
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National Environmental Justice Advisory Council
International Subcommittee
International subcommittee
consulted as a resource.
had not been
Mr. Drury inquired about the background of
ONE/CHANE. When no members of the
subcommittee indicated familiarity with the
organization, Ms. McClain expressed shock that
ONE/CHANE had been selected to manage the
grants program, especially considering that the
subcommittee includes many experts who have
significant experience in environmental justice,
Mr. Drury also questioned whether the
organization has a strong network of contacts with
the South African - environmental justice
community. Mr. Kalan stated that it does not and
added that he is not aware of the involvement of
ONE/CHANE in any work related to the anti-
apartheid movement.
Mr. Richard Moore, Southwest Network for
Environmental and Economic Justice and Chair of
the Executive Council of the NEJAC, noted that
he realized that such issues can engender
distrust. He cautioned the members of the
subcommittee to recognize potential rapid
changes of circumstance. The most important
factor to consider, he said, is that communities be
consulted about issues important to them, adding
that there must be assurances that money will be
granted to appropriate parties and groups. Mr.
Moore also stated that ignoring the desire of the
South African contingent to form an advisory
committee demonstrated significant arrogance
and insensitivity. He commented that such
actions are consistent with the environment that
he sensed when he participated in earlier
conferences on the project.
Mr. Drury asked Mr. Kalan what, if anything, the
subcommittee could do to help rectify the
situation. In response, Mr. Kalan requested the
subcommittee's assistance in questioning the
process for awarding grants. He also suggested
that EPA's Office of Environmental .Justice (OEJ)
consider managing the South Africa project, as
well as examining issues related to its
implementation and monitoring progress. Mr.
Armstead cautioned that any such move could
disrupt OlA's ties to the State Department, as well
as other federal agencies. In addition, he said,
some community groups may prefer dealing with
a variety of agencies, not OEJ or O1A alone. Mr.
Kalan then stated that it is important to continue
consultation with all parties involved and to
improve cooperation so that the grants process
can be made more efficient, without causing any
further delays.
Ms. Ferguson-Southard supported the formation
of an advisory committee and a search for
additional opportunities to open up the process.
Ms. McClain stressed the importance of adhering
to the six-month time frame originally agreed
upon by EPA and the South African group. She
expressed skepticism that a remedy could be
found within the time frame. Ms. McClain added
that any significant "big picture issues" also
should be considered. Ms. Koshel suggested that
the subcommittee provide advice and
recommendations directly to Mr. Nitze. She also
noted that the funds budgeted are to support
other environmental work, besides environmental
justice efforts. Mr. Kalan stated his belief that the
funds were intended solely for work related to
environmental justice.
2.4 Update on EPA International Policy
Mr. Paul Cough, OIA, presented to the
subcommittee an update on efforts by OIA to
formulate international policy. He announced that
the document "Environmental Performance
Reviews - United States" recently had been
released under the authority of the Secretary
General of the Organization on Economic
Cooperation and Development (OECD) (Exhibit
5-3 provides a description of the OECD). While
the report focuses on different aspects of
. environmental performance of the United States,
he noted, the issue of environmental justice is
mentioned throughout the report. Mr. Cough
stated, that although the report makes no major
recommendation related to environmental justice,
it is significant that environmental justice is
discussed specifically. The -next review of the
United States will take place in seven years, he
stated. «
Ms. Ferguson-Southard asked how the
performance of the United States compares with
those of other member nations. Mr. Cough
responded that the environmental performance of
the United States is considered good, but the data
may be slightly misleading because of the low
population density in the United States. In
response to Ms. Ferguson-Southard's question
about a period of public comment, Mr Cough
indicated that comments should be directed to
Jamie Moran, EPA Office of Policy, Planning, and
Evaluation before March 1997. -..
Baltimore, Maryland, December 10 and 11, 1996
5-7
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International Subcommittee
National Environmental Justice Advisory Council
Ms. McClain noted that, during the
subcommittee's previous discussions, the
members' general understanding was that the
term "environmental justice" is not used in the
irtematibhaffo'rum because of niigunderstandirig
of the issue or misconceptions. She expressed
curiosity about how other countries responded to
the use, of the term in the, report She ajsp stated
tfiat slftilvieYvs the report as an opportunity for the
Unfted States to present the term "environmental
justice" internationally. Mr. Cough noted that
ma^j^^^jncjuding environmental justice, can
be^examinecfduring('environmental performance
reviews, whether other member nations will
"flag" those issues, he pointed out, it is a problem
that is compounded farther by competition for
limited resources. ,,.. ,„,
Exhibit 5-3
I ,'H'.'",'H, i •, JiilltlJ"' .,"|i:,, , li'M'til '"i'1..,*,1*1,,.1 i ," a1! ill'1 i • Iliil'1','! M ::" IH1'"laiJ1 ' >v '"in ,,'"•! 'i '"i
Mr. Bill Simmons, International Indian Treaty
'ifi,,. ^pouncj, also, noted that in the intematjpnal arena,
there is growing interest in the concept of
"environmental racism."
Mrr. CrQfjgh also brought to the attention of the
members of the subcommittee the key multilateral
environmental events that will take place in 1997.
Exhibit 5-4 summarizes those events.
Discussing the UNEP meeting scheduled for
January 27,1997 in Nairobi, Kenya, Mr. Cough
stated that the agenda will include a focus on
persistent organic pollutants, such as
dicblorodiphenyltrichlpro (DDT). He also
i i'ij"'.I';/"I stcitGQ *yfii Tv^^*® ^PP®^^" opportunitiss tor
Ihe ihte'r^^oriaJ'Subcbmmiittee and OIA to "plug.
into the process." Mr. Cough noted that, because
the United States is the host for the series of G-7
meetings, there are opportunities to stress issues
related to the environment, equity, and national
1';|j•>; ;:' 's^giiKty. Also of some interest to , the
subcommitteeT he noted, could be trie meeting of
the APEC, during which participants will discuss
Issues related to sustainable cities, climate
change, redevelopment of brownfieids, cleaner
Ifidustrii! production, worker safety, and a cleaner
marine environment
,,;',[ ;, JIB " i lifi; •. ;,t:r?,. ;iE ; i", •, a1 'I; ;3»"' -I" i': 'y •• '.•* V v. i»' r «E. ;j ^ •:) i •; ,;,; i,;'
,.]• i::ij,:|:'",' I, pn^fcoygh also discussed the development of two
newrifrontsi'in infernationai environmental policy:
International Standards Organization (ISO) 14000
and international financing. Ms. Ferguson-
Southard asked how financing such entities as
the World Bank can impose environmental
standards. In response, Mr. Cough pointed out
* that many international finance organizations
ORGANIZATION ON ECONOMIC
COOPERATION AND DEVELOPMENT
The Organization on Economic Cooperation and
Development (OECD) was formed in the 1960s to
promote policies designed to:
• Achieve the highest sustainable economic growth
and employment and a rising standard of living in
member countries, while maintaining financial
stability, and thus to contribute to the development
of the world economy
• Contribute to sound economic expansion in
member, as well as nonmember, countries in the
process of economic development
• Contribute to the expansion of world trade on a
multilateral, nondiscriminatory basis, in
accordance with international obligations.
The principal goal of OECD's environmental
performance program reviews is to help OECD
member countries improve their individual and
collective performances in environmental management.
The primary goals of the reviews are to:
« Help individual governments assess progress by
establishing baseline conditions, trends, policy
commitments, institutional arrangements, and
routine capabilities for carrying out national
evaluations
• Promote environmental improvements and a
continuous policy dialogue among member
countries, through a peer review process and by
the transfer of . information on policies,
' approaches, and experiences of reviewed countries
• Stimulate greater accountability on the part of
member countries' governments to public opinion
in developed countries and beyond
: liiif'jlif1 1'
iff) f ilPNre Jf$#'kSlWF •! '" » I1;'
, 9~",<::
-------
National Environmental Justice Advisory Council
International Subcommittee
2.5 Overview of Issues Related to the New
River
The subcommittee watched a short video that
documented the conditions of the contaminated
New River, which affects the lives of people in
two communities located along the border of the
United States and Mexico; Calexico, New Mexico
and Mexicali, Mexico. A member of the audience*
reported that the video, financed by EPA funds,
documents the efforts of local high school
students to investigate environmental
contamination in their community.
The commenter said that many U.S. corporations,
in addition to the Mexican maquiladora industry,
illegally dumped hazardous waste into the New
River; those actions significantly threaten the
health of the two border communities, he said.
He added that it is disconcerting that the U.S.
government, citing the objections of Mexican
authorities, deliberately is withholding information
about the results of the samples taken from the
river. A request for that information under the
Freedom of Information Act is now pending, he
added. .
3.0 ACTIVITIES OF THE INTERNATIONAL
SUBCOMMITTEE
This section summarizes the discussions of
various topics during the meeting of the
International Subcommittee. The draft mission
statement for the committee was discussed at
length.
i ' r •'
3.1 Discussion and Adoption of the Draft
Mission Statement
Ms. McClain had volunteered to draft a mission
statement for the International Subcommittee.
The draft statement was distributed to the
members of the subcommittee, and, after their
review, Mr. Velasquez proposed a vote. The
.members voted unanimously' to adopt the
statement without any changes. Exhibit 5-5
presents the full text of the mission statement.
3.2 Discussion of the Letter to the EPA
Administrator Expressing Concern About
the BECC Process in Mexico
Members of the subcommittee discussed the
letter drafted by the subcommittee in which the
NEJAC expresses concern about the BECC's
Exhibit 5-4
KEY MULTILATERAL
ENVIRONMENTAL
EVENTS IN 1997
January 27 - UNEP Governing Council
February 7 Meeting, Nairobi, Kenya
March 13-19 RIO +5 Conference, Rio de
Janeiro, Brazil
April 8-9 G-7Environmental Futures .
Forum, Washington, D.C.
April 7-25 United Nations (UN)
Commission on Sustainable
Development, New York, New
York
April 26-28 APEC Sustainable
Development Ministerial
Meeting, Toronto, Canada
May
June
June 20-22
G-7 Environment Ministerial
Meeting, United States
(location to be determined)
North American Commission
for Environmental
Cooperation Ministerial
Meeting, United States
(location to be determined)
G-7 Economic Summit,
Denver, Colorado
June 23-27 UN General Assembly Special
Session to Review Progress
since RIO ("Earth Summit
2"), New York, New York
failure to include public participation in granting
funds for pilot projects. Mr. Bravo asked for an
explanation of the delay in submitting the letter.
He said that he believed that the letter and the
"sanitized" attachments to the letter had been
buried deliberately. Ms. Marva King, EPA OEJ,
suggested that the delay may have occurred
because the letter had "fallen through the cracks."
She also noted that the Executive Council of the
NEJAC must vote on the letter before it can be
transmitted to the EPA Administrator.
Baltimore, Maryland, December 10 and 11, 199S
5-9
-------
iiiiiii iiilir
International Subcommittee
National Environmental Justice Advisory Council
:.Hij; :I1,»' 'i->," lift ii*ii,WKifiife W. ">• S' • Ml.f* ^liL~:d l;;>31''111:'•; ;>&<«,i ;' '"M• '.> ;i!
Mr. Bravo said that he had placed on the Internet
information about several issues that he
considers of particular importance:
• The BECC has failed
i • j '
• It is impossible to achieve sustainability in five
years
, • The annual request for funding for projects
financed by BECC is contrary to sustainability
•* 'r,'-J'•-'••' '--"=
• The definition of sustainability is unclear
!*v.V-WiWW:1' I'll;):-,;•'" i;.'P
International Subcommittee also should examine
the international policy implications of the
^resolutions. ,, ...Section..^G^of^Chapter^• Three
presents a summary"'<%*the resolutions of the
Health, and Research Subcommittee,
•II!"
,<1 W
I I
The published list of "so-called" completed
cleanups includes sites at which cleanup is
not completed
Enforcement cannot be achieved without the
backing of appropriate laws and regulations,
which currently are being discussed
Mr. Bravo proposed that a roundtable discussion
of .international issues be organized for the next
meeting of the NEJAC in May 1997. He
explained that such a discussion should be
designed to enhance the understanding of
international issues among the members of the
NEJAC. He suggested that individuals who have
expertise in international environmental justice
issues be invited to participate. Ms. Phoenix
suggested that a roundtable discussion might be
more productive if the date it is scheduled were to
coincide with that of one of the international
meetings mentioned by Mr. Cough.
4.0 RESOLUTIONS
Mr. Bravo stated further that the NADBank, the
fj.naac.iajinstitution farthe BECC, has a flawed
process; for two of the four projects approved
under BECC, NADBank is charging a higher rate
Of interest than local banks would charge, he said.
He added that many BECC projects are believed
to benefit industry, rather than the community,
whili communities are •footingthe Dili" for the
BECC loans through taxes.
Discussing a related issue, Mr. Simmons asked
whether governments of tribes located along the
borderjsf .the United States arid. Mexico,, are
consisted, "and included in discussions about,,.
Border XXI Program activities. There seems to
be very little, if any, contact with those tribal
governments, he commented.
ii ilLi 11 , | ,] il I I I Ill] I ,i I I
3.3 Discussion of Miscellaneous Issues
This section of the chapter summarizes the
resolutions forwarded by the International
Subcommittee to the Executive Council of the
NEJAC that the subcommittee discussed
throughout the two-day meeting.
The members discussed a resolution in which
they recommended that the NEJAC support the
adoption by the United States of ILO 169
convention labor standards. In addition, the
members request EPA to invite a representative
from the U.S. Department of State or an
appropriate Federal agency to respond to the
NEJAC. This resolution was forwarded to the
Executive Coucil of the NEJAC for consideration.
Exhibit 5-5
Ms. Phoenix reported on her comments to and
discussion with the members of the Health and
Research Subcommittee about lead and
children's heajth. Section 4.2 of Chapter Three of
this document presents a detailed description of
her comments. Ms. Phoenix stated that members
of the Health and Research Subcommittee had
requested that the International Subcommittee
endorse their resolutions related to lead poisoning
and to Administrator Browner's initiative on the
health of children. Mr. Bravo suggested that the
children of farm workers be included in the focus,
and Ms. Ferguson-Southard suggested that the
DRAFT MISSION STATEMENT FOR THE
INTERNATIONAL SUBCOMMITTEE
OF THE NEJAC
The International Subcommittee is charged by
NEJAC with the responsibility of making
recommendations to the EPA and other agencies
with which it is working to implement the
principles of environmental justice in policies,
programs, or actions undertaken in other nations
or which influence other nations. Further, our
mission is to examine and make recommendations
on international issues affecting human health and
the environmental within a global context.
S-10
Baltimore, Maryland, December 10 and 11, 1996
-------
National Environmental Justice Advisory Council
International Subcommittee
The members discussed a resolution in which
they recommended that the NEJAC advise EPA's
OlA to consult with NEJAC's South Africa
workgroup on all programmatic issues and
funding to South Africa and recommend
consultation with this workgroup on the selection
of a grant recipient. This resolution was
forwarded to the Executive Council of the NEJAC
for consideration.
The members discussed a resolution in which
they recommended that the NEJAC request that
the EPA Administrator, the EPA Assistant
Administrator for International Activities, and Ms.
Marsha Coleman-Adebayo meet with those
program offices that contribute resources to the
program. This resolution was forwarded to the
Executive Council of the NEJAC for
consideration.
The members discussed a resolution in which
they recommended that the NEJAC request that
EPA transfer management of the South Africa
program to the EPA OEJ in joint collaboration with
OlA. This resolution was forwarded to the
Executive Council of the NEJAC for
consideration.
The members discussed a resolution in which
they recommended that the NEJAC request that
EPA acknowledge the success of the South Africa
Study Tours program, as well as the contribution
of the program officer to the success of the study
tours and other relevant activities. This resolution
was forwarded to the Executive Council of the
NEJAC for consideration.
Baltimore, Maryland, December 10 and 11,1996
5-11
-------
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MEETING SUMMARY
of the
PUBLIC PARTICIPATION AND ACCOUNTABILITY SUBCOMMITTEE
of the
NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
December 10 and 11,1996
Baltimore, Maryland
Meeting Summary Accepted By:
RdbetfKn/x
Designated Federal Official
Pe^gj/Saika
Chair
-------
II 111
(ill II
I 1
111 III III III II
III 11 II III II 111 lull Kill! I Illlllill
-------
National Environmental Justice Advisory Council
Public Participation and Accountability Subcommittee
CHAPTER SIX
MEETING OF THE
PUBLIC PARTICIPATION AND ACCOUNTABILITY SUBCOMMITTEE
1.0 INTRODUCTION
The Public Participation and Accountability
Subcommittee of the National Environmental
Justice Advisory Council (NEJAC) conducted a
two-day meeting on Tuesday and Wednesday,
December 10 and 11,1996, during a three-day
meeting of the NEJAC in Baltimore, Maryland.
Ms. Peggy Saika, Asian Pacific Environmental
Network, continues to serve as chair of the
subcommittee. Mr. Robert Knox, U.S.
Environmental Protection Agency (EPA), Office of
Environmental Justice (OEJ), continues to serve
as the Designated Federal Official (DFO) for the
subcommittee. Exhibit 6-1 presents a list of the
members who attended the meeting and identifies
those members who were unable to attend.
This chapter, which provides a detailed
discussion of the deliberations of the Public
Participation and Accountability Subcommittee, is
organized, in seven sections, including this
Introduction. Section 2.0, Remarks, summarizes
the opening remarks of the chair. Section 3.0,
Activities of the Subcommittee, summarizes the
members' discussions of the activities of the
subcommittee, including a review of its action
items; discussions of the role of the
subcommittee; and a list of the subcommittee's
goals and objectives for 1997. Section 4.0,
Improving the Public Participation Process',
summarizes the discussions of issues related to
the distribution and use of the NEJAC's Model
Plan for Public Participation; improving the
NEJAC's interaction with communities; and
fostering public participation in policy
development and decision-making at the national,
state, and local levels. Section 5.0, Issues
Related to Public Participation and Accountability,
summarizes the subcommittee's discussions of.
the Enforcement and Compliance Assurance .
Roundtable meeting conducted October 17
through 19,1996 in San Antonio, Texas, as well
as an overview of EPA's grant process. Section
6.0, Presentations, provides overviews of
presentations, as well as a summary of questions
and comments of members of the subcommittee.
Section 7.0, Resolutions, lists the resolutions
forwarded to the NEJAC Executive Council.
2.0 REMARKS
Ms. Saika, Chair of the Public Participation and
Accountability Subcommittee, opened the
meeting by welcoming the new and veteran
members of the subcommittee, as well as Mr.
Knox, the DFO. Exhibit 6-2 briefly introduces the
new members of the subcommittee.
Referring to the earljer struggles of the members
to identify the role and purpose of the
subcommittee, Ms. Saika briefly reviewed the
history of the subcommittee for the benefit of the
new members. She stated, and other veteran
members of the subcommittee agreed, that the
subcommittee is an "evolving" one. For example,
she characterized the crafting of NEJAC's Model
Plan for Public Participation as the result of a
"brainstorm" by members of the subcommittee
during a meeting in Albuquerque, New Mexico in
August 1994. The intent of the subcommittee,
she said, was to develop a tool useful for EPA
Exhibit 6-1
PUBLIC PARTICIPATION
AND ACCOUNTABILITY
SUBCOMMITTEE
List of Members
Who Attended the Meeting
December 10 and 11,1996
Ms. Peggy Saika, Chair
Mr. Robert Knox, DFO
Mr. Frank Coss
Ms. Dolores Herrera
Mr. Lawrence Hurst
Mr. Munir Meghjee
Ms. Rosa Hilda Ramos
Mr. Haywood Turrentine,
List of Members
Who Were Unable to Attend
Mr. Dune Lankard
Ms. Margaret Williams
Baltimore, Maryland, December 10 and 11,1996
6-1
-------
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Public Participation and Accountability Subcommittee
K'i'i'i'-i"'. "Illllil^iil'Sflii11
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National Environmental Justice Advisory Council
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Exhibit 6-2
NEW MEMBERS OF THE
SUBCOMMITTEE
1 Mr. Munir Meglyee, Sierra Club Legal
Defense dub, stated that he enjoyed
reviewing the materials about the
suficdmmittee before the meeting. He added
that he looks forward to helping to implement
the model plan, as it applies to EPA's
activities, as well as in the broader arena.
Ms. Rosa Hilda Ramos spoke about her
experience representing the Community of
Catafio Against Pollution in Puerto Rico. Her
commitment to environmental justice, she
said, is based on her desire to prevent other
communities from suffering experiences
similar to those of her community. She also
stated her interest in participating in
identifying ways to empower communities.
Mr. Frank Coss introduced himself as the
president of Comite Timon Calidad Ambiental
de Manati (COTICAM), a company located in
Puerto Rico. Stating his commitment to
environmental justice, he noted that
developing a dialogue between governments
and organizations in power is the "life force"
for solving the problems of communities. He
added that his experiences in Puerto Rico have
proven there is much work to do in the area of
environmental justice.
ojher federal agencies involved in the
|nteragency Working Group on Environmental
as well as other government
: might be interested in soliciting the
views of communities. (Section 4.1 of this
chapter presents a detailed discussion of the
model plan).
The efforts of subcommittee members to
'• ilpstiMlgnalzeJlje process of public participation
In NEJAC meetings have had many positive
fesuJts, Ms. Saika said. She cited as an example
||ie recommendations of subcommittee members
that bus tours of affected areas be incorporated
into the agendas of NEJAC meetings as official
activities of the meetings and that EPA's
environmental justice coordinators be invited to
participate. Noting that the 1997 goals of the
subcommittee are ambitious, she stated that the
members are trying to reach a point at which the
NEJAC solicits and encourages the best public
participation possible (Section 3.3 of this chapter
lists the subcommittee's goals for 1997). She
added that a key goal for 1997 is to ensure that
efforts to complete action items identified through
the public comment periods sponsored by the
NEJAC are tracked and monitored (Section 3.1 of
this chapter presents a detailed discussion of the
action items).
Mr. Haywood Turrentine, Laborers International
Union of North America, expressed concern about
the picket line he encountered at the Omni Inner
Harbor Hotel, at which the meeting was held. The
experiences and issues of workers on strike, he
said, often parallel issues associated with
environmental justice. Before a site is selected
for future meetings of the NEJAC, decision
makers should consider any potential
environmental justice issues that may affect the
site, he urged. He added that the NEJAC should
not be blind to employment issues at hotels at
which its meetings are held. Ms. Saika agreed,
adding that she would raise the issue during the
meeting of the NEJAC Executive Council.
3.0 ACTIVITIES OF
THE SUBCOMMITTEE
The members of the subcommittee discussed
various activities of the subcommittee, which
included a review of the action items agreed upon-
during its previous meeting in Washington, D.C.
in September 1996; discussions of the role of the
subcommittee; and a list of the subcommittee's
goals and objectives for 1997.
3.1 Review of Selected Action Items
Mr. Knox led a discussion of action items and
resolutions that had been identified at the
preceding meeting of the subcommittee in
September 1996. Selected action items are
summarized below:
i
Identify innovative ways to distribute the model
plan for public participation; OEJ will follow up to
prepare a list of the identified ways.
The members of the subcommittee discussed
suggestions (detailed in Section 4.1 of this
chapter) for distributing the model plan. Mr. Knox
confirmed that copies of the model plan will be
irs**
Baltimore, Maryland, December 10 and 11,1996
-------
National Environmental Justice Advisory Council
Public Participation and Accountability Subcommittee
sent to each of the EPA environmental justice
coordinators, as well as to individuals included on
OEJ's list of stakeholders.
Develop pilot project to test the model plan for
public participation.
The members of the subcommittee agreed that
the Enforcement and Compliance Assurance
Roundtable meeting and the December 1996
meeting of the NEJAC served as pilot projects for
testing the model plan. (See section 5.1 of this
chapter and Section 2.1 of Chapter Two for a
detailed discussion of the roundtable meeting.)
Contact Mr. Charles Lee, chair of the Waste and.
Facility Subcommittee, to discuss integrating the
model plan for public participation with the
activities .of the Waste and Facility Siting
Subcommittee.
Mr. Knox reported that the Waste and Facility
Siting Subcommittee is an active subcommittee of
the NEJAC. He added that the members of the
public participation subcommittee should ensure
that the model plan is being used for public
meetings sponsored by the Waste and Facility
Siting Subcommittee.
Recommend that OEJ explore options to. develop
an environmental justice resource bank for a
variety of public outreach efforts related to
environmental justice; follow up with Mr. Robert
Bullard. and Ms. Beverly Wright about information
repositories already established.
Mr. Lawrence Hurst, Motorola, Inc., proposed,
and the members agreed, to set up a conference
call with Mr. Robert Bullard, Clark Atlanta
University Center for Environmental Justice and
Ms. Beverly Wright, Xavier University Deep South
Center for Environmental Justice, to discuss
establishing a link between the NEJAC's Home
Page on the World Wide Web (WWW) and the
information repositories already established by
Mr. Bullard and Ms. Wright, which are available
on the WWW. Ms. Cathy, McGirl, PRC
Environmental Management, Inc., added that OEJ
currently is revising its bibliography of
environmental justice resources, which also will
be an important source of information about
environmental justice.
Resolution No. 2:
consider the:
Recommend that NEJAC
— Continued use of satellite downlinks and
other innovative technologies and translating
capabilities to meet the needs of participating
audiences (for example, non-English
speaking and hearing-impaired audiences);
suggest that NEJAC recommend that future
EPA budgets include costs of using this
technology
- Establishment of procedures for responding
to comments from the public which ensure
public accountability.
Mr. Knox reviewed the satellite capabilities of
EPA, noting that the expenses associated with
establishing satellite downlinks are very high.
Agreeing, Ms. Saika commented that the issue
should be discussed with the members of the
other NEJAC subcommittees, who, she observed,
have very strong opinions about the issue. She
then suggested that the issue be placed on the
agenda for the proposed meeting among the
subcommittees (discussed in Section 3.3 of this
chapter).
The members of the subcommittee then
discussed strategies to improve the accountability
of the NEJAC in responding to comments from
the public. Ms. McGirl reviewed the current
process for responding to and tracking actions
items identified during public comment periods.
Mr. Knox, noting that the subcommittee has not
"taken ownership" of the public comment periods,
emphasized his opinion that the activity "belongs
to the subcommittee." Proposing that the
subcommittee request an update on the status of
action items identified during public comment
periods, Ms. Saika agreed with Mr. Knox's
suggestion that the subcommittee assume
responsibility for monitoring follow-up on such
action items.
The members agreed to conduct a review of
action items identified during public comment
periods at each future meeting of the
subcommittee. Mr. Knox confirmed that an
updated list of action items was to be prepared
and sent to the members of the subcommittee
approximately one to two months before each
meeting of the NEJAC.
Discuss with the NEJAC the need for establishing
"NEJAC-like" councils at the regional level; meet
with representatives of the EPA regional offices to
determine their need for such bodies.
Baltimore, Maryland, December 10 and 11,1996
6-3
-------
Public Participation and Accountability Subcommittee
National Environmental Justice Advisory Council
Ms. Saika stated that this issue would be
discussed .during the meeting with the
envirohmehlal justice coordinators on Thursday,
December 12, 1996.
il'l !•!£>" t I
,1( 'Eliill-11!1 "i
IJJ'11:
Recommend that "^NEJAC jnvite representatives
from the EPA Region offices to participate in the
planning and development of the NEJAC
meetings, including theDecember jggQ meeting.
Invite regional representatives to participate in the
December 1996 subcommittee meeting.
4 , ........
Ms. Saika stated that the issue was to be
* discus§§d during the meeting with the
'"efiyii^nifentaj justice coordinators on Thursday,
.I'OeQejnber.321 1996. She also expressed her
appreciation for the participation of several
environmental justice coordinators during the
, l|i' ,'ii'Hi 'in , i ."! , '"I1 JllllllllllliirailiHHI'ii'idi:1' ........ i'l'JM.Uv'l*,^ ......................................... „ [[[ "-*
' of the subcommittee.
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'il I
itl&7Mi£fei:^ffl'J'>:^
a 'letter, §£ §c^r^wjgdgment^ to OSWER
'"Sfi4;s ^efiforts to expand public '
rir^n^oij'^^rt'of]he/RCF^nnal
Ion Expanded Public Participation.
llilllllllll:l'l|l|i'III,IIIil'l "II il'!,1 '„!JIIH I J1 ' SIR!'''III""' I „ Jiillllllilillhl: ' ',i II J'I1 'I* '»,II>lii*,ih',,,! ,111' K,V J i, ," „ ' IP':: • »'l - ^ ."
.''Ms. Saika noted ithatisychiajiet|§rh,wi§gitg be ,s,errt.
"'"'No dea3iine-was"lllestebjishediforisubm^^ of
'.''the letter, '„ '.'...'.'.',. 1,1 .~Z
,,Mr. Knox confirmed (as described in Section 5.1
of this chapter) that the model plan had been
implemented effectively during coordination of
activities associated with the Enforcement and
Compliance Assurance Roundtable meeting in
San Antonio, Texas on October 17 through 19,
1996.
Reorganize the process by which the
subcommittee interacts with the other NEJAC
subcommittees. • [ '
The members of the subcommittee discussed
various options for integrating the activities of the
public participation subcommittee with the
activities of the other subcommittees of the
NEJAC (Section 3.3 of this chapter summarizes
the discussion of this issue).
Follow up on the MIT Research Project:
>* _
- Use as a case study to explore the decision-
making process for the awarding of grants, as
we// as to identify how to involve affected
" " ' " '' " ' '
— Identify the objectives of the grant
'1 f!!' ;il!: *•!'!",''!i!" Finalize^ 'the "modeYpianJpr_ public participation.
.Establish
agencies.
dialogue with the appropriate
members agreed tfat with the distribution of
the model plan to participants at the NEJAC
meeting, this action item had been completed
(Section 4.1 of this chapter presents a detailed
discussion of next steps in implementation of the
model plan).
Explore the possibility of linking the model plan for
public participation to current EPA practices and
decision-making:
n n i * i iHii n i i ,
- -Contact Avi Garbow, special assistant to
Steve Herman, about the coordination of
activities related to the Enforcement
• Roundtable
Work with Mr. Garbow on the activities
associated with the public outreach efforts
and structure of the Roundtable
he members of the subcommittee discussed the
need to obtain additional information about the
research project of the Massachusetts Institute of
Technology (MIT) to help them learn how
decisions about awarding grants are made and
help them establish a framework for future
decision making related to grants. Mr. Knox
confirmed that a representative of the EPA office
that funded the MIT research project will be
invited to the next rrjeeting of the subcommittee.
The members also agreed that the action item will
be integrated into the activities of the NEJAC ad
hoc work group that is reviewing EPA's
Environmental Education Division grants.
(Section 5.2 of this -chapter summarizes the
discussions about this issue).
Provide opportunities for the subcommittee
.members to provide comment on these
if:* ' n,, ii:.i:i
Develop-methods to ensure the participation of
local community organizations at the public
comment periods sponsored by NEJAC.
The members agreed that this action item is an
ongoing activity. Ensuring the participation of
community organizations, Mr. Knox emphasized,
Baltimore, Maryland, December 10 and 11,1996
-------
National Environmental Justice Advisory Council
Public Participation ana Accountability Subcommittee
is the responsibility of the subcommittee. The
members expressed strong concern about the
lack of participation by members of the
community in the bus tour conducted in Baltimore
on December 10, 1996. The members offered"
recommendations for improving bus tours
sponsored by the NEJAC in the future. (Section
4.2 of this chapter discusses the bus tour).
Explore potential options for translating the model
plan into languages other than English.
Ms. Dolores Herrera, Albuquerque San Jose
Awareness Council, Inc., reported that a
preliminary Spanish translation of the model plan
has been completed. Mr. Knox stated that OEJ
.will prepare copies of the Spanish version of the
model plan.
Recommend to the members of the NEJAC
Protocol Committee that the Spring 1997 meeting
of the NEJAC be held in California.
Referring to the members' discussion of this issue
at the preceding meeting of the subcommittee,
Ms. Saika repeated her observation that the
NEJAC has never held a meeting in California
where such a meeting would bring the NEJAC to
an Asian-American community. She expressed
her interest in recommending formally to the
NEJAC Executive Council that NEJAC conduct a
meeting in California.
3.2 Role of the Subcommittee
Ms. Saika opened the discussion by reiterating
the need to better integrate the activities of the
subcommittee with those of the other
subcommittees of the NEJAC. She emphasized
the concern expressed earlier by members that
the other subcommittees incorporate public
participation into their activities. Suggesting that
the subcommittee develop a specific plan for its
members to act as liaisons with the other,
subcommittees, Mr. Hurst commented that, at its
September 1996 meeting, the members of the
public participation subcommittee agreed to act
as "watchdogs" for public participation.
The members then discussed potential options for
establishing a joint meeting with representatives
of the other subcommittees to discuss issues
related to public participation. Ms. Saika, noting
that she considered the suggestion "doable,"
added that the logistics of setting up such a
meeting is the responsibility of the NEJAC
Protocol Committee. Mr. Hurst added that the
subcommittee should establish a purpose and
agenda for the meeting. The purpose of the
meeting, Ms. Saika declared, would not be to
monitor the activities of the other subcommittees,
but to focus specifically on integrating public
participation into the activities of each
subcommittee.
Several issues were identified as potential
agenda items for the meeting:
Ensure that the model plan for public
participation is being implemented in the
activities of the NEJAC subcommittees
Identify processes and areas in which the
model plan can be implemented in EPA
• Discuss the continued use of satellite
downlinks and other innovative .technologies
and translating capabilities to meet the needs
of participating audiences
The members of the subcommittee passed a
resolution requesting that the chairs of the other
subcommittees officially designate a member to
serve as a liaison to the Public Participation and
Accountability Subcommittee; they suggested that
the liaisons meet with the public participation
subcommittee at the next meeting of the NEJAC
(Section 7.0 of this chapter presents the
resolution).
3.3 Goals and Objectives for 1997
Exhibit 6-3 summarizes the goals and objectives
identified for 1997.
4.0 IMPROVING THE PUBLIC
PARTICIPATION PROCESS
This section of the chapter summarizes fhe
discussions of the subcommittee about issues
related to improving the public participation
process, including developing strategies to
distribute the NEJAC .Model Plan for Public
Participation; promote its integration into EPA
activities; improving the NEJAC's interaction with
communities; and integrating public participation
in policy development and decision making at
national, state, and local levels.
Baltimore, Maryland, December 10 and 11,1996
6-5
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Exhibit 6-3
GOALS AND OBJECTIVES FOR 1997
PUBLIC PARTICIPATION AND ACCOUNTABILITY SUBCOMMITTEE
The Model Plan for Public Participation
Members of the subcommittee will discuss methods for distributing and evaluating the model plan. Specific
activities include:
• Develop a distribution strategy for the model plan which includes mayors' and governors' associations and
churches and religious organizations; as well as other federal, state, and local agencies with active
environmental justice programs . '
• Support and recommend the formal adoption of the Model Plan by the EPA Administrator
• Send copies of the model plan to EPA's Regional Environmental Justice Coordinators, including guidance
on distribution
• Translate the model plan into languages other than English
• Identify various sources of information about environmental justice to be added as an appendix to future
revisions of the model plan
Establish Procedures to Ensure Accountability
Members of the subcommittee will discuss procedures that will ensure accountability of the NEJAC, including:
• Develop procedures to respond to comments from the public during public comment periods sponsored by
theNEJAC
* Develop procedures that track public participation and action items
• Develop methods to ensure the participation of local community organizations at the public comment periods
sponsored by the NEJAC
• Participate in and contribute to the development of EPA training courses related to issues of environmental
_,„ justice. , • ' „ , ,,,,,„, , ,,,,„, ,,,,,,
• Explore options to develop an environmental justice resource book for a variety of public outreach efforts
related to environmental justice
• Determine the need for establishing "NEJAC-like" councils at the regional level
• Hold a meeting of the subcommittee before the next meeting of the NEJAC tentatively scheduled for May
1997
• Continue to use the MIT Research Project as a case study for exploring the decision-making process in the
awarding of environmental justice grants
• Create a list of stakeholder groups that should actively be involved in preparing for public participation
meetings
• Establish a resource list that includes environmental justice speakers and places where funding may be
available (such as the MIT case study). Members of the subcommittee will develop a nationwide calendar of
events and training activities related to environmental justice and leverage resources to bring outside
speakers to present information to the subcommittee.
6-6
Baltimore, Maryland, December 10 and 11, 1996
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National Environmental Justice Advisory Council
Public Participation and Accountability,Subcommittee
4.1. Model Plan for Public Participation
At the suggestion of Ms. Saika, Mr. Knox
reviewed the development and format of the
model plan for public participation. Citing its
inception as the result of a "brainstorm" during the
meeting of the subcommittee in October 1994, he
spoke about the decision to include in the model
plan the Check List for Public Participation,
designed for use by federal agencies, and the
Core Values for the . Practice of Public
Participation developed by Interact: The Journal
of Public Practitioners. The elements of the
document complement one another, he noted.
Noting that the model plan first was used, during
the meeting of the NEJAC in Detroit, Michigan in
May 1996,'Mr. Knox commented that he did not
think that the public participation process "really
worked" at the meeting in Detroit. He added,
however, that the model plan was used during the
preparations for the Enforcement and Compliance
Assurance Roundtable meeting (Section 5.1 of
this chapter presents a discussion of this issue).
Dealing honestly with the community, he stated,
"taught us a good lesson" about allowing equal
participation of the community in the planning
process and providing community members an
opportunity to influence decision making. It was
at the roundtable meeting that EPA learned that
education is a "two-way street," Mr. Knox stated,
emphasizing that the representatives of federal
agencies listened very seriously to. the
community. The representatives of federal
agencies, he stressed, learned much from the
community and "heard the pain" and the stories of
many residents of the community. Mr. Knox
added that the roundtable meeting was the first
time some of the federal representatives heard
"those kinds of stories." The experience made a
difference in how those individuals understand
the issue of environmental justice, he said.
OEJ has received many requests for copies of the
model plan, Mr. Knox reported. Some of the
organizations requesting copies include the U.S.
Forest Service, U.S. Department of Agriculture;
the National Association of Attorneys General;
and EPA's Reinvention Team that is working on
issues related to President Clinton's reinvention of
government, he said. Mr. Knox also cited the
implementation of the model plan by other EPA
offices. Ms. Melva Hayden, Environmental
Justice Coordinator for EPA Region II, confirmed
that EPA Region II has copies of the draft model
plan and has used the document.
Mr. Turrentine, emphasizing that the model plan
is a "living document," observed that the
document will evolve as the subcommittee
receives comment on it from others. The model
plan, he stated, will become better. Ms. Herrera
agreed, stating that the subcommittee had worked
on the plan for more than two years; however,
she cautioned against "hurrying up the process."
Echoing Mr. Turrentine's comments, Ms. Herrera
stated that the subcommittee should continue
discussion of the document, adding that
components that currently are missing from the
model plan eventually will "surface."
Mr. Hurst outlined his concern about the
distribution of the model plan. He said that,
based on the comments of the regional
environmental justice coordinators participating in
the subcommittee meeting, he heard very
different views about what the regions will do with
the document once they receive it. He then
suggested that the members develop a cover
letter to accompany the model plan to prevent any
confusion about its purpose. Mr. Hurst also
recommended that the cover letter provide
examples of ways the model plan can be used.
The other members of the subcommittee agreed.
The participants then discussed the need "to
"move the model plan to the next level." In
response to the suggestion of Mr. Knox that the
subcommittee craft a resolution that requests that
the NEJAC urge the formal adoption of the model
plan by Ms. Carol Browner,' EPA Administrator,
several subcommittee members agreed that the
model plan must be adopted formally by EPA to
compel the implementation of the document
within EPA. Ms. Rosa Hilda Ramos, Community
of Catano Against Pollution, recommended
further that the subcommittee identify specifically
when the model plan must be used.. The decision
to use the model plan, she stated, should not be
discretionary. ' Mr. Turrentine agreed, but
observed that the first step is to submit the
resolution to Administrator Browner so that the
model plan then will "flow down" to the regions.
The members then discussed potential options for
distributing the model plan outside EPA and other
federal agencies to agencies at the state level
(discussed in Section 4.3 of'this chapter). Ms.
Saika agreed that the development of a
distribution strategy is an issue the subcommittee
should address, but suggested that it is separate
from the recommendation for the formal adoption
of the model plan. She advised against.
Baltimore, Maryland, December 10 and 11, 1996
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Public Participation and Accountability Subcommittee
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combining a resolution urging the adoption of the
model plani with "a recommeridation for integrating
the model plan into all EPA activities. She added
that development of such a strategy requires the
participation and assistance of the other NEJAC
subcommittees. Mr. Munir Meghjee, Sierra Club
Legal Defense Fund, agreed, suggesting that the
merrjbeis Ofthe sybcommittes address the
"bigger picture" of implementing the model plan at
the next meeting of the subcommittee.
i i iiiini in ill i .
Ms. Salka then turned the members' attention to
1 a resolution"™ tp™be submitted to the NEJAC
Executive'^CcjUQciL "the.'',' members^' of the
" subcommittee passed a resolution recommending
that the NEJAC urge Administrator Browner to
"'formally adopt the model plan. Ms. Saika
"conc|yd|d tfo,f,,di|c,y,§sion by stating that the
subcommittee "Keep on the table" the issue" of
specifically how the subcommittee wishes the
modej plan to be used. (Section 7.0 of this
chapter presents the '^Q^^
iii i in i.
4.2 Interaction with Communities
1*1 1 i II I'liilill lull •
Mr. Knox began the discussion by expressing his
frustration about the bus tour of Baltimore
conducted on December 10, 1996. Citing the
efforts '""of "many"pioplewho worked hard to plan a
bus tour that effectively included members of the
comrnunity, he stated that he was concerned that
members of communities in Balfimqre did .not
participate in the bus tour. This circumstance was
particularly distressing to him, he said, because
the subcommittee had invited members of the
'Community to participate in the September 1996
meeting to begin to involve them in developing
the agenda for the upcoming NEJAC meeting in
Baltimore. He also noted that the subcommittee
had worked hard to include the bus tour as an
official activity of meetings of the NEJAC.
However, Mr. Knox continued, members of the
community did not participate in the bus tour or
the public comment period conducted on
December 10,1996. The NEJAC, he said/is "all
about public participation." He added that the bus
tours provide context for the public comment
periods and help shape the entire meeting. He
also wondered what should be done to encourage
better participation in the future.
At the request of Mr. Knox, Ms. McGirl provided
an overview of the steps taken since the
September 1996 meeting of the subcommittee to
prepare for the bus tour. Referring to the decision
to select a local organization that was both
independent and neutral to facilitate the bus tour,
she discussed the initial decision to use
representatives of Morgan State University to
facilitate the selection of sites for the bus tour and
the subsequent recommendation to ask the
Baltimore Urban League to serve as facilitator.
Mr. Knox added that the selection of the Baltimore
Urban League was approved by representatives
of the community, industry, and the EPA regional
office w|jp, vvere jrjy.pjye.pl jn. Initial discussions of
the bus tour.
Referring to his participation in a conference call
to prepare for the bus tour, Mr. Turrentine said
that he had inquired about the involvement of
community representatives, including Ms. Lynn
Finder, Youth Warriors,.jn. planning the bus tour.
Citing Ms. Finder's involvement in the September
1996 meeting of the subcommittee, as well as the
NEJAC meeting conducted in Detroit, Michigan in
May 1996, he stated that her commitment to
learning about environmental justice issues was
obvious. The subcpmrnittee, he stated; "dropped
the ball" when the members did not insist that she
be included in the bus tour work group. He
acknowledged that, "in hindsight," he should have
requested specifically that she be included,
adding that he should have "pushed harder."
Ms. McGirl responded that the members of the
subcommittee can request that members of a
community be involved in preparations for bus
tours. Commenting that the role of EPA and any
support contractor is to serve as neutral parties
that arrange the logistics for the bus tours, she
added that the members of the subcommittee can
be more effective in requesting that certain
community members be included. It is not
appropriate, she said, for either EPA or EPA's
support contractors to assume that role.
Mr. Turrentine declared that the decision not to
include Ms. Finder and other community
members in the December 1996 planning
meeting was based on what he characterized as
a "personality issue." He expressed his extreme
displeasure with the treatment of the members of
the community by members of EPA regional staff
during the September meeting. Several members
of the subcommittee agreed with Mr. Turrentine's
observations.
Suggesting that it appeared that the neutral, third-
party organization "did not do its job adequately,"
Baltimore, Maryland, December Wand 11,1996
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National Environmental Justice Advisory Council
Public Participation and Accountability Subcommittee
Mr. Hurst observed that perhaps the members of
the community did not feel a part of the process.
Mr. Knox agreed, adding that the representatives
of the Baltimore Urban League yielded to the
opinions of the EPA regional staff.
Discussing the individuals who served as
facilitators for the bus tour, Mr. Turrentine,
recommended that the subcommittee specifically
define what a "community representative" is. A
person may have, a business located in the
community, he said, but that does not imply that
'person truly represents the community. He
acknowledged that such individuals are not
necessarily "bad" representatives of the
community, 'but said that he expected a
somewhat different type of community
representative for the bus tour. Ms. Herrera
interjected that she defines a true community
member as one "who lives, sleeps, and works" in
the community.
Ms. Saika commented that she was pleased that
representatives of regional and state agencies
were involved in the preparations. However, she
also pointed out that a single person or
organization must be responsible for facilitating all
decisions related to the bus tour. Ms. Saika noted
that she was aware of much "finger pointing"
among the state and regional representatives
about who was to blame for the problems related
to the bus tour. The subcommittee, she
emphasized, is responsible for identifying a
person or organization to lead a team of people in
preparing for the bus tour. Ms. Herrera agreed,
recommending further that the subcommittee
develop a check list or a model plan for preparing
for bus tours. The subcommittee should identify
an organized process to be used by the NEJAC
"before it goes into communities," she suggested.
The members of the subcommittee also
discussed what kinds of organizations are best
suited to facilitate bus tours conducted by the
NEJAC. Referring to the tour associated with the
Enforcement and Compliance Assurance
Roundtable meeting, Mr. Knox reviewed the
decision to select an independent, neutral
organization to facilitate the bus tour. He noted
that the bus tour was both good because provided
for active participation by community members
and bad because representatives of industry
"dinged" EPA because they considered the tour
"one-sided." The decision to invite the Baltimore
Urban League to facilitate the Baltimore bus tour
said Mr. Knox, was based on the need for a
neutral party to lead the decision-making process.
Mr. Hurst agreed with the concept of selecting a
neutral organization, citing what he characterized
' as the often "one-sided" perspective evident
during the tour-conducted for the roundtable
meeting. He cautioned against selecting a
facilitator that may not present a balanced view'of
community, industry, and government
perspectives.
In response, Ms. Saika recommended that local
community organizations be contacted to conduct
the bus tours. Community organizations do
"these things all the time," she stated, adding that
such activities are "what community groups do
best." She was struggling, she said, with the
concept of neutral organizations leading the bus
tours. Speaking in the larger context of what she
characterized as unequal resources and access
to information and decision making power for
communities, Ms. Saika stated her strong belief
that the NEJAC is different from all other advisory
groups because it is trying to "level the playing
field" for communities. The NEJAC's goal to
mitigate unequal access by bringing communities
into the decision-making process, she stated,
necessitates that the activities of the NEJAC,
including the bus tours, be in the best interests of
communities. She emphasized that concept is at
the Very heart of the NEJAC."
4.3 Integrating Public Participation into
Policies and Decision Making at the
National, Regional, and State Levels
The members of the subcommittee stressed the
need to integrate public participation into EPA
programs and activities at both the national and
the regional levels. Referring to discussions
during previous meetings, Ms. Saika repeated
that the role of the subcommittee is to assist
communities in their efforts to hold entities .like
EPA accountable for involving the public in their
decision-making processes. Although the model
plan is a very important public participation tool,
she stressed that the subcommittee also should
track those circumstances in which EPA solicits
public comments so the subcommittee can
examine the mandates that require that EPA do
so. The issue, she commented, is closely related
to ensuring the accountability of EPA's public
participation processes. Ms. Saika stated that the
subcommittee has improved the public
participation processes of the NEJAC. However,
she added, there is still much work to be done to
reach a point at which the NEJAC attracts optimal
Baltimore, Maryland, December Wand 11,199S
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public Participation and Accountability Subcommittee
National Environmental Justice Advisory Council
public participation in its meetings, bus tours, and
other activities.
Mr. Turrentine recommended that the model plan
be used whenever "EPA spends federal dollars"
for projects, including during the permitting
process. He expressed dissatisfaction with the
failure of the 1WGto accomplish anything. He
then^oTBsiBrveiirttiat many government agencies
are nof incorporating the tenets of the Executive
order on environmental justice into their
operations. Communities will gain the attention of
decision makers, he stated, only when
requirements are established that link the
aeries of EfA and other agencies that use
federal funds with measures that ensure public
participation. Decision makers should not receive
any federal funds until they meet certain
requirements, he said. It is then and only then
that "we will get their attention," he declared. He
doubted that the subcommittee and the NEJAC
will achieve the desired results without identifying
minimum requirements for public participation.
Ms. Ramos, commenting on what she
characterized as the "only flaw" in the model plan,
stated that the model plan seems to be based on
the assumption that public meetings are the only
mechanism through which to obtain the views of
the public. She stated that there are other ways
to encourage public participation. She then
suggested that the subcommittee identify other
processes and procedures to solicit input from the
community^
Tfie members of the subcommittee discussed the
need tQ ensure that the other sutepmrnittees of
the NE3ACare practicing trie principles outlined
in the model plan. Ms. Saika commented that the
issue is relate,d directly to the way the
subcommittee integrates its activities with those of
the other subcommittees of the NEJAC (Section
3.3 summarizes the issue). She declared that the
NEJAC needs a strategic plan for implementing
the model plan in all its activities. Ms. Saika
wondered if the members were confident that, if
the other subcommittees use the model plan, the
NEJAC will accomplish its objectives.
The members of the subcommittee, as well as
members of the audience, also discussed
implementation of the model plan at the state
leyelSiii iv:Mr., HursJ emphasized that, the,
subcommittee must'recognize''that each state has
different regulations and procedures for public
participation. Ms. Hayden added that the model
plan can enhance the requirements of state and
federal regulations, but added that the NEJAC
cannot "dictate" that the states use the model
plan. Mr. Hurst wondered if the NEJAC also
could request that the model plan be distributed to
all state agencies. Many agencies, he pointed
out, are "reinventing" the .public participation
process because they do not have information
about processes that already have been
developed and are working.
Mr. Meghjee agreed, noting that the model plan
could provide assistance to state agencies
entering into Performance Partnership
Agreements (PPA) with EPA and receiving
Performance Partnership Grants (PPG). He
urged the subcommittee to consider implementing
the model plan at the state agency level. Ms.
Hayden then recommended that distributing the
model plan to other organizations with which EPA
interacts could help "funnel" the document down
to the state level. She also suggested that the
model plan be included as an appendix to EPA's
environmental justice implementation plan.
Ms. Saika then proposed that the members obtain
an overall picture of state policies and procedures
related to public participation. To do so the
members must analyze state efforts and develop
a sense of what is important to the state
agencies, she said. Mr. Knox added that the
subcommittees would learn about state
perspectives on public participation during the
meeting with the environmental justice
coordinators scheduled for December 12,1996.
Mr. Hurst suggested that industry needs guidance
in developing partnerships with communities,
noting that companies today must meet with
members of the community before making
decisions. The processes of public participation,
he added, are going through an evolution.
5.0 ISSUES RELATED TO PUBLIC
PARTICIPATION AND ACCOUNTABILITY
This section of the report summarizes the
discussions of the Public Participation and
Accountability Subcommittee about
environmental justice issues related to public
participation and accountability.
, ,')' ; :, {[, "ill ii'S iihvvlli 11" '".lA,;!
6-10
Baltimore,Maryland,December10 and 11,1996
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National Environmental Justice Advisory Council
Public Participation and Accountability Subcommittee
5.1 Review of the Enforcement and
Compliance Assurance Roundtable
Meeting
Mr. Knox introduced Ms. Michelle Whitehead,
EPA Office of Enforcement and Compliance
(OECA), and Ms. Shirley Augurson,
Environmental Justice Coordinator for EPA
Region VI. The roundtable meeting, he said, had
been sponsored jointly by the NEJAC
Enforcement Subcommittee and EPA. Mr. Knox
described the smooth coordination between EPA
Headquarters and regional staff in planning the
meeting. Noting Ms. Whitehead's role as the
chair of the task, force that planned the
Enforcement Roundtable meeting, he asked Ms.
Whitehead to share some of the highlights of the
meeting. Exhibit 6-4 provides a brief overview of
the meeting.
Ms. Whitehead began by repeating Mr. Knox's
earlier comment that the Enforcement
Subcommittee and the task force had been the
first to use the model plan in preparing for a public
meeting. The model plan, she,emphasized, had
been "used to death" and had proven to be a
good tool to guide preparations for the meeting.
Referring to the training sessions held during the
roundtable meeting, she emphasized that a
significant lesson learned was the realization that
education between government agencies and
communities is a "two-way street." Although
plans for the training sessions initially had been
focused on providing information to members of
the community, she said, EPA staff soon learned
that the sessions also provided a valuable
opportunity for representatives of government
agencies to learn about the experiences and
concerns of the community.
Briefly highlighting the bus tour of environmental
justice sites in San Antonio, Texas, Ms.
Whitehead encouraged everyone present to view
the videotape of the roundtable meeting that was
available throughout the meeting. The bus tour,
she said, was moderated and hosted by
representatives of the Southwest Public Workers'
Union, a coalition of community organizations in
San Antonio. She briefly discussed the four sites
visited during the bus tour.
Echoing Ms. Whitehead's comments, Ms.
Augurson stated that the members of the task
force learned early about the need to involve all
stakeholders in the planning process. She then
spoke about the process of soliciting the views of
Exhibit 6-4
ENFORCEMENT AND COMPLIANCE
ASSURANCE ROUNDTABLE
The first regional Enforcement and Compliance
Assurance Roundtable meeting, sponsored jointly
by EPA and the Enforcement Subcommittee of the
NEJAC, was held October 17 through 19,1996 in
San Antonio, Texajs. The roundtable meeting
brought together environmental justice
stakeholders to exchange ideas about how
communities can play a more active role in
environmental enforcement and compliance
activities. The meeting also provided community
grassroots organizations and government agencies
an opportunity to share strategies for responding
to environmental justice concerns.
More man 180 individuals and representatives of
grassroots'organizations; business and industry;
federal, state, tribal, and local agencies; and
members of the NEJAC, as well as other
stakeholders, participated in the roundtable
meeting. The meeting consisted of training
sessions that provided an overview of the
enforcement and compliance process, a plenary
session that included panel discussions and open
discussions of various topics, 14 breakout sessions
focusing on specific topics related to 9 principal
areas of enforcement and compliance assurance
activities, and a bus tour of environmental justice
sites.
all stakeholders, adding that the task force also
learned to allow the community to take ownership
of the meeting. She emphasized that the use of
professional facilitators was essential to the
success of the meeting. The next steps, she said,
include following up on the concerns voiced by
participants during the meeting. Ms. Augurson
confirmed, that actions already have had been
taken, stating that the Texas Natural Resource
Conservation Commission (TNRCC) did not
approve the expansion of the Browning-Ferris
Industries solid waste landfill located in the
community of Martinez, Texas. EPA regional
staff, she stated, will maintain contact with
community members and already have
responded to several requests for assistance,
particularly related to grant writing and training,
Ms. Whitehead added. The meeting increased
Baltimore, Maryland, December 10 and 11,1996
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, puflfc 'PsrjJcipation and Accountability Subcommittee
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National Environmental Justice Advisory Council
EPA's awareness of the community's concerns,
QS, mentioning similar experiences in
tBsis' itllii tii§t tt>§,P.est way to improve
pppSfunrf es "for cjtizensto'votee their, cpncems.
^ ie people, she emphasized, have real fears.
^pJ^JQTOS^'iii-.JtetJlS iEA regional staff
and fie members of the NEJAC keep up contacts
with the community.
Ms. Hayden agreed with Ms. Augurson's
observation that following up with the participants
is crucial to the success of the meetings. She
also agreed that, although the inclusion of
members pf the cprijrnynity in preparing for
meetings can result in frequent meetings and
conference dills and many changes in the
agenda, it is very important to involve all
stakeholders in every step of the process.
Referring to his participation in the roundtable
meeting, Mr. Hurst stated that the members of the
community in San Antonio are "aching for a
chance to vent" and ob,tain information. He was
disappointed, he said, that much of the
inforrnatipn that EPA staff came prepared to
shart was riot made available to the community
because of lack of time. The presentations
should be made available to educate the
cpmrrjunjty in San Antonio, as well as the other
regions, he commented. He also shared his
•|:'™|l'"ppjervatjQQ,'lialmany''''bf the opinions expressed
" durjng the meeting were one-sided. If the NEJAC
,'^','^Js to d^jjf|iajjyg f upppsedjobe doing, he stated,
"i1* ^i^^rj^e^snpjjltf^tie represented. He said he
i]:fI'believed " that the complaints voiced at the
meeting reflected the perception of many
participants that only one perspective was being
heard ariid that both opinions should have been
"".";''; represented. Overall,,, he concluded, the meeting
^j^p^yjijg^g goQjj forum ancj experience for the
T;;\::por(irn:y,ntty.
Mr, Meghee then inquired whether there are plans
for additional roundtablei meetings. In response,
Mr. Kriox noted tha^ several EPA regional offices
are considen'rig conducting meetings, but added
that the regional offices can conduct meetings
Without the participation of the NEJAC. EPA
Region I is planing to schedule a roundtable
meeting with the assistance and participation of
the NEJAC, he noted. He also commented that
the roundtable meetings could differ, depending
on the region in which they are held.
5.2 Review of the EPA Grant Process
Referring to discussions about the EPA grant
process at previous meetings of the
subcommittee, Ms. . Saika repeated a
recommendation that the subcommittee use the
MIT research project "Development of Strategies
for Community Participation in Contaminated
Communities" as a case study through which to
explore the decision-making process in the
awarding of grants, as well as to identify how
affected communities can be brought into that
process. Providing a quick update, she added
that previous discussions had focused on the
appropriateness of MIT as a recipient of EPA
funds for projects related to public participation.
She reminded the members of their decision to
make an active effort to affect other decisions
about grant awards. Exhibit 6-5 provides a brief
summary of the issues raised at the December
1995 meeting of the subcommittee.
Ms. Christian Willauer, MIT, provided a brief
update on the project. Noting that the project
began a year and a half earlier, she commented
that project members currently are interviewing
people at EPA. The community of Rocky Flats,
Colorado was one of the three sites identified.
One member of the subcommittee disagreed with
the characterization of the Rocky Flats community
as a community of color.
Citing his displeasure with the lack of information
about the objectives of the project and the
progress of the project, Mr. Turrentine reiterated
the concerns he expressed at previous meetings
of the subcommittee. He is still waiting, he said,
to learn more about the project, adding that the
subcommittee requested copies of progress
reports on the project several months before and
had not yet received any material. He asked why
MlT had hot provided updates to EPA during the
past year.
Referring also to the issue of compensation, he
observed that many people are upset because
they are being asked to participate in projects
without compensation or acknowledgment. He
added that many of their concerns are directed at
EPA, not necessarily at MIT or its project leader.
6-12
Baltimore, Maryland, December Wand 11,1996
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National Environmental Justice Advisory Council
Public Participation and Accountability Subcommittee
Ms, Herrera and Ms. Ramos agreed that
members of communities often are asked to
participate in projects without being compensated.
The communities are not truly involved, Ms.
Ramos added, and do not benefit from the
projects. Referring to the frustrations expressed
by Ms. Wright, a former member of the
subcommittee, Ms. Herrera observed that
communities are "doing the work" but not "getting
any of the grant money." She noted the stress
and degradation communities suffer when they
are not compensated in any way for their
contributions.
In response, Ms. Willauer confirmed that the
members of the project do talk to community
members. She also offered several suggestions
for the consideration of subcommittee members
that may, she said, improve the accountability of
the EPA grant process. Recommending that the
subcommittee formally request that recipients of
all environmental justice grants be evaluated on
the public participation aspects of the grant
proposal, she added that organizations receiving
large grants could be required to corrie before the
NEJAC to present progress reports. She agreed
with an earlier suggestion that EPA be requested
to require that the model plan for public
participation developed by the NEJAC be
included in all environmental justice grants.
Ms. Saika then recommended that the issue of
awarding grants should be raised during the
meeting with the environmental justice
coordinators scheduled on Thursday, December
12,1996. The environmental justice coordinators,
she commented, are responsible for awarding
small grants within their respective regions. Mr.
Knox agreed, recommending that the
subcommittee use the MIT research project as a
model from which to develop specific
recommendations for engaging the public in the
award of environmental justice grants. In the
future, activities of the subcommittee related to
this issue, he added, should be integrated with
the activities of the NEJAC ad hoc work group
that is reviewing grants awarded by EPA's
Environmental Education Division (EED). Mr.
Meghjee agreed, stating that the subcommittee
should not focus on the MIT study alone, but on
the larger picture of the process of awarding
grants that,EPA follows. Mr. Knox confirmed that
a representative of the EPA office that provided
funding for the MIT project will be invited to the
Exhibit 6-5
MIT RESEARCH PROJECT
At the December 1995 meeting of the Public
Participation and Accountability Subcommittee in
Washington, DC, Dr. Nicolas Ashforth of the
Massachusetts Institute of Technology (MIT),
presented information about the research project,
"Development of Strategies for Community
Participation-in Contaminated Communities."
The three-year project is funded by the Agency for
Toxic Substances and Disease Registry (ATSDR),
the U.S. Department of Energy, and EPA. The
project, being conducted at three sites, focuses on
sites located in communities of people of color
.and low-income populations at which two or more
agencies are involved. He goal of the project, Dr.
Ashforth stated, is to foster broad representation
of low-income and minority communities.
Several members of the subcommittee expressed
their strong concerns about apparent inequities
and difficulties experienced by community groups
in obtaining grants, compared to universities like
MIT and Harvard University. Ms. Beverly
Wright, a former member of the subcommittee,
characterized the struggle for funding as a
constant battle for people who lack the "inside
connections" and for the innovators who are not
"connected," but whose ideas are taken by those
who are "connected."
Ms. Saika, adding that communities must be
engaged at the point of conceptualization, stressed
the crucial benefits of "building capacity" in
communities. Her comments were echoed by
other subcommittee members who also stressed
the importance of engaging the community at
every level so decisions are made in a
collaborative manner to ensure the participation of
the public.
next meeting of the subcommittee to discuss EPA
grant practices. Ms. Willauer added that she will
provide to Mr. Knox a list of the principals of the
project and their telephone numbers.
6.0 PRESENTATIONS
This section of the report summarizes the
presentations that were made to the Public
Participation and Accountability Subcommittee.
Baltimore, Maryland, December 10 and 11,1996
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Public Participation and Accountability Subcommittee
National Environmental Justice Advisory Council
lit,";,,,:,. iSllii/tflii'li 'in!, '! ",i!i,, f1 /i
.i'1"'!. I,.,!'!' Ml! U1'!"'1
6.1 Environmental, Justice_ Training for EPA's
Office "5F Enforcement "and "Cgrjipiiarice
Assurance Personnel
Ms. Kenda Layne, EPA National Environmental
Exhibit 6-6
CITY OF BALTIMORE
EN VmONMENTAL JUSTICE
COMMUNITY PARTNERSHIP
PILOT PROJECT
The City of Baltimore, Anne Arundel County, the
Maryland Department of Environment, EPA's
Office of Pollution Prevention and Toxics, and
EPA Region ffl sponsor a pilot project in the
southern Baltimore and northern Anne Arundel
County area. The project brings together local,
state, and federal governments to develop a
partnership with local neighborhoods and
businesses to pilot a new community-based
approach to environmental protection. The project
unites residents, businesses, and governments in an
effort to take a comprehensive look at the local
environment and to build consensus for a plan a
action.
Goals of the project include:
• Building the long-term capacity of the
community, including residents and businesses,
to take responsibility for their environment
• Develop a comprehensive picture of the local
environment and an environmental action agenda
based on the needs and wants of the community
* Build consensus in the partnership for the
implementation of an action plan that makes a
difference in the local environment
• Encourage and support sustainable economic
development in the community
The Baltimore communities of Brooklyn, Cherry
Hill, Curtis Bay, Fairfield, Wagners Point, and
Brooklyn Park participate in the partnership
project Members of each community volunteer to
work on project teams that address such issues as
air quality, human health, cleanup and housing,
economic development, outreach, and parks and
water quality.
Training Institute, presented information about
environmental' justice training material recently
developed for staff of EPA's OECA. The
development of training material, she began,
started as a pilot project for OECA personnel.
EPA soon recognized, the need to expand
environmental justice training beyond OECA to
include the environmental justice coordinators in
each region, she added. Noting that the
environmental justice material is intended to be
"do-it-yourself guidelines, she reviewed the
contents of the manuals, highlighting the lecture
notes, student materials, overhead
transparencies, reference materials, and
accompanying video. In response to several
inquiries from subcommittee members, Ms. Layne
confirmed that the purpose of the training material
is to assist EPA personnel in incorporating
considerations of environmental justice into their
activities. The manuals will be distributed to all
EPA environmental justice coordinators, she
stated, and any remaining manuals will be given
to OEJ for further distribution at its discretion.
Mr. Meghjee then inquired about the intended
distribution of the training material. Will the
manuals, he asked, be distributed to federal and
state agencies outside EPA? There are only 50
copies of the manual available because of copy
right regulations; however; the self-paced
manuals are available for wider distribution, Ms.
Layne responded.
Several members of the subcommittee then
discussed their recommendations that the
manuals be distributed outside EPA, emphasizing
that training must be provided to low-income
communities. Ms. Saika reiterated that the
purpose of the manuals is to educate EPA
personnel. She suggested that a separate the
next meeting of the subcommittee. She stated
that she sympathizes with the need for
environmental justice training, but she noted that
the subcommittee must differentiate between the
purpose of the manuals and the need in
communities for training. Environmental justice
training, she added, should provide information
about the history, terminology, and background of
the environmental justice movement itself.
Echoing a suggestion made earlier by Mr.
Meghjee, Mr. Hurst encouraged Ms. Layne to
consider including a copy of the model plan for
public participation in the manuals. Mr. Hurst also
suggested that the manual include a bibliography
6-14
Baltimore, Maryland, December Wand 11,1996
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National Environmental Justice Advisory Council
Public Participation and Accountability Subcommittee
of articles related to environmental justice. Ms.
Layne acknowledged the usefulness of those
suggestions.
Mr. Meghjee commended Ms. Layne's efforts and
stated that staff of other federal agencies need
training in environmental justice issues. Several
members of the audience who represented
federal agencies also expressed their interest in
obtaining copies of the training materials. Ms.
Herrera added that the manuals are an excellent
tool that she would like to share with the other
subcommittees of NEJAC. She encouraged Ms.
Layne to present the-information to the other
subcommittees.
,6.2 Environmental Justice Activities in
Baltimore
Mr. Hank Topper, EPA Office of Pollution
Prevention and Toxics (OPPT); Mr. Reginald
Harris, Environmental Justice Coordinator for
EPA Region III; and Mr. Peter Conrad,
Environmental Planner, City of Baltimore,
presented information about environmental justice
activities in Baltimore. Mr. Topper highlighted the
Community Partnership Project, a collaborative
project among federal, state, and local partners,
and emphasized that the project provides a rare
opportunity to work directly with members of the
local community. The goal of the project, he
reported, is to build a model that changes the
roles of state and local government and places
the community in the center. Another purpose of
the project is to begin addressing environmental
justice concerns, he added. Exhibit 6-6 provides
an overview of the partnership project.
Acknowledging that the communities of South
Baltimore long have been ignored by the city, Mr.
Conrad emphasized that the goal of the
partnership project is to empower citizens so they
can develop a relationship of equals with
industries. The communities are working with the
industries, he added; he cited several examples
of the success of the relationship between
community and industry. He also spoke about
several nonindustrial projects, unrelated to the
partnership project. Reiterating that the city has
neglected South Baltimore communities, Mr.
Conrad reported that the city is now investing in
the welfare of the residents of those communities.
Ms. Ramos inquired whether there is an
environmental justice council in the city. Mr.
Conrad responded that the collaborative project is
"all about environmental justice" and that it
addresses the environmental justice concerns of
the community.
In response to a question from Mr. Frank Coss,
Comite Timon Calidad Ambiental De Manati
(COTICAM), about what is being done for the
residents of South Baltimore, Mr. Conrad stated
that several projects have been conducted over
the past several years without federal'or state
technical assistance. He cited a specific project
to create a larger buffer zone between industries
and the homes of citizens. Mr. Coss, commenting
that he had not seen anything that looked new or
anything being built, suggested that perhaps
Baltimore has to offer things that have never
before been offered to the communities. He
strongly urged that something be done for the
residents of the city, adding that, at a minimum,
painting would be an improvement.
Ms. Herrera asked about the lack of participation
by community members in the bus toiir (Section
4.2 of this chapter discusses the issue). Mr,
Topper replied that representatives of the
community had planned to attend; he said that the
was uncertain why they did not do so. In
response to Mr. Turrentine's question about who
was invited to attend, Mr. Topper confirmed that
five community leaders had volunteered to attend
the bus tour and meeting. Mr. Harris explained
that the five community leaders were not the only
persons invited to attend, but that they were the
community members who had volunteered to
serve as facilitators on the bus tour. There had
been many preceding meetings over the several
weeks, Mr. Topper added, noting that perhaps
community members did not attend because of
lack of time or "burnout."
Mr. Turrentine, noting that Baltimore is home to
more than 12,000 residents, expressed his
strong concern that local residents did not
participate in the bus tour and public comment
period. He speculated whether the NEJAC
should consider spreading the word about its
meetings to a broader audience. Mr. Conrad then
commented on the tremendous number of
committees and projects underway in the city,
observing that the project members constantly are
trying to bring new members in to prevent
"burnout." Ms. Herrera suggested that the
Baltimore project members examine why the
community did not attend. They have to find the
truth, she emphasized, adding that perhaps the
NEJAC did not do all it should have to encourage
Baltimore, Maryland, December 10 and 11,1996
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Public Participation and Accountability Subcommittee
ll I
I I Jl III I 111 II II II I I II III I III II
National Environmental Justice Advisory Council
1 the esmjnyrjfty members to attend. She did not
i^jUyj>f g-fj-g- 'adcTed1,' th'elburribut*' explanation.
Mr. Turrentine continuedto emphasize that the
project members should address the apparent
"disconnect* that exists between project members
and cjammunlty leaders. He stated his hope that
the comments of the subcommittee members
wpujjj jmpress upon the project team the
importance of addressing that disconnect. The
disconnect, Mr. Topper replied, may have
occurred bgsause the project members did not
explain fully the value the community members
could bring to the NEJAC meeting and the bus
tour. Mr. Turrentine agreed that the explanation
, was possible, but also cautioned Mr. Topper and
<» tjffe1" 'jpiii'^'projert' members againsf''making
. ,,,:' aggjm=p|Q,ng about the reason T5r the disconnect.1
1 a Sii < vmiii :ii Jllllllllliiiiiii* ,;»! •«;„ j,»ii'iiiii,i»iiiiii:':';hi|iiiiii'!i'ii!! •'.'.«!„ iiHiiii . IVIM f!1'1?'!" . 'if11 HI i: ;;i in'f jji.1!11",,. liniiii :,:,.' :;i::,:i!"',i'i'' mi"1':" jr: T
j!,||! ^ejejjing to his participation in several
;||| er|yijgg^ej||a!l Justice 'meetings held'recent]^ and
;:Bii:i» the protes^'mourrted By "com m'u'miy11 members" at
those, megtjpgs, Mr. Hurst stated his discomfort
with what he characterized as the subcommittee's
criticism of Mr. Topper, Mr. Harris, and Mr.
Conrad. These projects take time, he
emphasized.. On the basis of their presentation,
he said, he believes that the project members are
doing their best. Ms. Saika acknowledged the
dissatisfaction of the subcommittee members, but
added that the NEJAQ is not doing enough, in a
collective s.ense, to encourage communities to
participate in its proceedings. The members of
the NEJAC, she stated, must hold themselves
accourJ^JeftM;iSat problem. What is the reason
for the, jack of participation by communities in
areas in which tiiiNE3AC meetings are held, she
asked. Mr. Conrad then suggested that, in the
futurejhe,(members of the NEJAC send letters to
community organizations to invite them to attend
its meetings. Citing the Baltimore community's
unfamjljarjty with the NEJAC, he observed that
the community is more familiar with other
environmental groups.
Several membeVs of the subcommittee then
suggested that perhaps they should call the
comrrjunity members themselves. Ms. Saika
cautioned against contacting members of the
community directly, explaining that she was
uncomfortable With the idea, She also
comnfie'hted that she would not want to be
contacted in ;that way if a similar situation
occurred In riercornmunity in Qaklarid, California.
At the suggestion of Mr. Conrad, several
members of the subcommittee then agreed to
attend a meeting with members of the community
'.:.. .that was scheduled for later that evening.
Ms. Gretchen Latowsky, John Snow Institute,
Boston, Massachusetts, offered several
observations about the partnership project.
Stating that she is a community activist who
works with EPA on the project, she expressed
concern about the nature of the subcommittee's
discussion of the project. The subcommittee
members, she continued, should be informed
about what has been accomplished. Citing
several examples of meetings that have been
held among federal, state, and local agencies and
community residents, she acknowledged that,
although not all of the problems have been
resolved, a tremendous amount of energy and
I,!.• |f, in", , • >!„ ft,;:,, („ <..ii;i imiii 'i |i :,jii • iiiii'iiiiiriliii "f; "innnmO' !i nun,". I it i' "ni!;" •llllllllHli' ,T;":' JilMnJUE MI ,,:il'i, JIS i iiLJllli ill Kft "1 i>i ! .iii, i,' p»;' 'f, n li i.Hli:1,!! • UL "-*
-------
Nations} Environmental Justice Advisory Council Public Participation and Accountability Subcommittee
The members discussed a resolution in which it
recommended that the NEJAC request that (1)
the chairs of the other subcommittees of the
NEJAC officially designate a member to serve as
a liaison to the Public Participation and
Accountability Subcommittee and (2) that the
liaisons will meet to discuss issues related to
public participation with the subcommittee at the
next meeting of the NEJAC. This resolution was
forwarded to the Executive Council of the NEJAC
for consideration.
Baltimore, Maryland, December 10 and 11, 1996 6-17
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Ml !!!!!
. /J " :i
ini ^
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MEETING SUMMARY
of the
WASTE AND FACILITY SITING SUBCOMMITTEE
of the
NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
December 10 and 11,1996
Baltimore, Maryland
Meeting Summary Accepted By:
Kent Benjamin
Designated Federal Official
Charles Lee
Chair
-------
ill i i li i i (i
in i
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National EnvironmentalJustice Advisory Council
Waste and Facility Siting Subcommittee
CHAPTER SEVEN
MEETING OF THE
WASTE AND FACILITY SITING SUBCOMMITTEE
1.0 INTRODUCTION
The Waste and Facility Siting Subcommittee of
the National Environmental Justice Advisory
Council (NEJAC), met on December 10 and 11,
1996, during a three-day meeting of the NEJAC in
Baltimore, Maryland. Mr. Charles Lee, United
Church of Christ Commission for Racial Justice,
continues to serve as chair of the subcommittee.
Mr. Kent Benjamin, U.S. Environmental Protection
Agency (EPA) Office of Solid Waste and
Emergency Response (OSWER) is the newly
appointed designated federal official (DFO) for
the subcommittee. Exhibit 7-1 presents a list of
subcommittee members who attended the
meeting and identifies those who were unable to
attend.
This chapter summarizes the subcommittee
deliberations and is organized in four sections,
including this Introduction. Section 2.0, Remarks,
summarizes the remarks of the chair. Section
3.0, Presentations and Reports, summarizes
presentations about issues related to waste and
facility siting. Section 4.0, Future Goals of the
Subcommittee, summarizes the subcommittee's
discussion of issues and topics that the
subcommittee should pursue over the next year.
2.0 OPENING REMARKS
Mr. Lee opened the meeting by introducing
himself and welcoming the participants. He
briefly summarized the objective of the meeting,
stating that emphasis would be placed on
generating substantive discussions about
important issues, rather than on generating
resolutions and action items. He pointed out that
the subcommittee had been instrumental in
helping EPA to view issues related to
environmental justice in a new way.. He
specifically mentioned the community relocation
roundtable meeting that was organized by
members of the subcommittee and held in
Pensacpla, Florida on May 2 through 4, 1996.
The roundtable meeting, he said, helped spark
the development of EPA's relocation policy. "A
policy is not just a bunch of words," Mr. Lee
stated, "but the establishment of new standards
and ways of doing things."
Exhibit 7-1
WASTE AND FACILITY SITING
SUBCOMMITTEE
List of Members
Who Attended the Meeting
December 10 and 11,1996
Mr. Charles Lee, Chair
Mr. Kent Benjamin, DFO
Ms. Sue Briggum
Ms. Teresa Cordova
Mr. Donald Elisburg
Mr. Tom Goldtooth
Mr. David Hahn-Baker *
Ms. Lillian Kawasaki
Mr. Tom Kennedy
Mr. Gerald Prout **
Mr. Jon Sesso
Mr. Lenny Siegel
Mr. Mathy Stanislaus **
Mr. Ricardo Soto-Lopez **
last of Members
Who Were Unable To Attend
Ms. Dollie Burwell **
Ms. Connie Tucker
* Attended the December 11, 1996, meeting only
** New members of the subcommittee
Mr. Lee introduced Mr. Benjamin, the new DFO
for the subcommittee, and acknowledged the
efforts and hard work of Ms. Jan Young, OSWER,
who formerly served as DFO. The subcommittee
members and Ms. Clarice Gaylord, Director of
EPA's -Office of Environmental Justice (OEJ),
presented Ms. Young with several plaques to
formally acknowledge the subcommittee's
appreciation for her service. Mr. Lee pointed put
that Ms. Young facilitated the process of
"connecting" the subcommittee with all offices of
EPA in a way that allowed subcommittee
members to learn from and advise EPA in a
variety of areas and divisions within the agency.
Ms. Gaylord noted that Ms. Young was the first
Baltimore, Maryland, December 10 and 11,1996
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Waste and Facility Siting Subcommittee
National Environmental Justice Advisory Council
DFO at §PA to.receive an award for her efforts in
the aria of'envlronmintiljusticer
Mr. Benjamin mentioned that the report of the
public dialogues on urban revitalization and
brownfields was available both in hard, pppy and
on EPA's Internet hom| page, as wellis oh the
publications home page of the JvlEJACrRe added"
that copies of the executive summary of the report
had been sent to individuals on OEJ's mailing list.
3.0 PRESENTATIONS AND REPORTS
This section provides a summary of the
presentations and reports to the subcommittee.
f (> lll'l'l i
!• ,i in (I {111 'if H In1' IT >'"''i' 'I
3.1 EPA Policy on Relocation
Ms. Suzanne Wells, Ms. Yolanda Ting, and Mr.
John Cunningham, all of EPA's Office of
Emergency and Remedial Response (OERR),
presented information about the status of EPA's
National Superfund Relocation Policy, currently
under development. The subcommittee's
recommendations to EPA, which grew out of the
relocation roundtable meeting in Pensacola,
Florida, was the first step toward policy
development, Ms. Wells noted (Exhibit 7-2
presents a description of the Relocation
Rountable). Steps involved in developing EPA's
policy also included EPA's receipt of relocation
authority, which Congress issued, she said, as
well as efforts by EPA personnel to research
locations throughout the United States that could
benefit from relocation efforts and therefore might
Exhibit 7-2
RELOCATION ROUNDTABLE MEETING
The first Relocation Roundtable meeting,
sponsored by EPA's Office of Solid Waste and
Emergency Response (OSWER), was held May 2
through 4, 1996 in Pensacola, Florida. The
purpose of the meeting was to obtain the views of
citizens on the criteria that EPA should consider
when making decisions about relocation issues.
Participants identified several "triggers" or "flags"
that indicate that relocation issues are pertinent at
a particular site. The meeting included tours of
two Superfund sites, Escambia Treating Company
and the Agrico Site.
host pilots projects. In addition, efforts were
made to Fdentrfy individuals who have actual
experience in relocation efforts; those individuals
became the core of an internal EPA work group
that is developing the policy statement, she
continued.
Ms. Wells commented that the work group on
relocation is trying to identify sites that likely will
be cleaned up to industrial-use standards, from
which residents can be relocated, and which offer
potential benefits for all stakeholders. As an
example, the presenters cited the Escambia
Superfund site in Pensacola, Florida, which is
located near a railroad and an Interstate highway.
The site was scheduled for cleanup to standards
appropriate for future industrial use, although the
site also wais"i5.un:punicfe.d by several* residential'
areas, they said. Thus, they continued, the area
was "ripe" for relocation. For that case, EPA
identified the site as a "pilot prc)jecf ancj
committed to relocating as many families as
possible. Ms. Wells explained that additional
resources were considered beyond EPA's
authority under Superfund. For example, the
authority for EPA to work with the U.S.
Department of Housing and Urban Development
(HUD) was researched carefully to identify ways
that would allow the relocation of the largest
number of families. Ms. Wells stated that the
record of decision (ROD) for the Escambia site is
not yet "flnSaJ; EPA^s" draft relocation policy
statement will be made final after the ROD has
been signed, she added. Ms. Wells added that
EPA needs comments from industry and other
stakeholders in developing a policy statement that
will address the "how-tos" of relocation, as well as
guidance statements for implementing relocation
projects.
Lessons learned from the Escambia relocation
project will play a key role in the development of
the policy statement, she explained. Finally, Ms.
Wells noted that, upon the recommendation of
Mr. Lee, EPA is investigating the possibility of
working with a group including community
experts, relocation experts, and staff of other
.agencies who will advise EPA on the
development of the policy on relocation. Mr.
Cunningham added that, traditionally, the process
of obtaining the views of stakeholders would
include a formal public comment period and
publication of a notice in the Federal Register.
Hi
7-2
Baltimore, Maryland, December 10 and 11,1996
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National Environmental Justice Advisory Council
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Mr. Lee commented that EPA should receive
credit for "taking on this issue" because there was
a time, he said, when the agency would not have
done so. He explained that one reason for
waiting to develop the policy statement is that the
results of the Escambia relocation project are not
yet fully known. Those results should be known
before a policy is developed, he stated. Mr. Lee
also stated that Mr. Elliott Laws, Assistant
Administrator (AA), OSWER, and Mr. Timothy
Fields, Deputy AA, OSWER, should be
acknowledged for their personal commitment to
the development of relocation policy.
Mr. Tom Goldtooth, Indigenous Environmental
Network, urged EPA to ensure that tribal
community groups are involved in the policy
development process. He expressed concern
about the number of tribal councils that exist
within various agencies (such as the Bureau of
Indian Affairs, HUD, the Department of Defense,
and the Department of Energy). Because of that
circumstance, he said, standards are lacking and
there are many agreements between tribes and
federal and state agencies. None of the
agreements adequately addresses cultural and
spiritual values and other issues of importance to
, tribes, he stated. Mr. Goldtooth also emphasized
the importance of including both tribal
governments and tribal communities in decision
making, noting that the two groups do not always
share the same views or have the same
concerns.
Other subcommittee members also commented
on the information presented by EPA. Mr. Lenny
Siegel, Pacific Studies Center, cautioned that
relocation projects in areas where generations of
residents have lived on the same land and
subsequently'have strong ties to their land, are
different and require a different level of sensitivity
than relocation projects in areas where people
would rather not live. Ms. Teresa Cordova,
University of New Mexico, suggested that
measures be implemented to reduce the
possibility that relocation be "used as a
smokescreen simply to move people." She
suggested that EPA outline the conditions under
which relocation would not be appropriate, as well
as identify the circumstances under which
relocation is appropriate.
Mr. Fields, who joined the subcommittee's
meeting, slated that subcommittee members had
raised valid points that EPA should consider. He
said that, in the policy development process, EPA
should, address issues related to Native
Americans. He added that EPA had expended
considerable . effort on addressing "process
issues" that are aligned with some of the issues
raised by Ms. Cordova; those issues, as well as
lessons learned, should be articulated in writing,
he added.
Mr. Mathy Stanislaus, Enviro-Sciences, Inc.,
suggested that EPA consider how best to address
two distinct issues that had been raised during the
discussion: EPA's authority under Superfund with
respect to relocation and EPA's ability to go
beyond its statutory and regulatory authority to
address relocation issues. Mr. Lee commented
that Congress had defined EPA's statutory
authority narrowly in the area of relocation. Mr:
Fields responded that EPA would like suggestions
on ways in which EPA can go beyond its statutory
and regulatory authority. Mr. Tom Kennedy,
Association of State and Territorial Solid Waste
Management Officials, suggested that EPA
should define its objective before soliciting the
views of others.
Mr. Donald Elisburg, Donald Elisburg Law Office,
stated that, although the discussion of this topic
was interesting, activities appeared to be
"dragging" on the relocation issue; he suggested
that EPA furnish to the subcommittee information
the Agency has on relocation before an advisory
group is formed. Ms. Wells responded that EPA
had developed a "question-and-answer paper"
that presents the information Mr. Elisburg
requested; EPA will distribute the paper to
subcommittee members, she said.
The subcommittee discussed a myriad of issues
that the members believe EPA should investigate.
Those issues include:
• Determining the role of local government
agencies during the relocation process
• Preserving the integrity of communities during
the relocation process
Considering the desired outcomes and
overall objectives of each relocation effort
Identifying situations in which residents may
or may not wish to be relocated.
Mr. Fields acknowledged the importance of the
issues and stated that EPA will provide to the
subcommittee in writing its reflections on the
Baltimore, Maryland, December 10 and 11,1996
7-3
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I
Waste and Facility Siting Subcommittee
National Environmental Justice Advisory Council
it :IC«: i ii'l'l;!'!
Issues raised. He added that EPA Administrator
Carol Browner had suggested that an advisory
board or panel be created to provide needed
advice OD EPA!s policy development process.
EPA views the relocation policy as a "work in
pfSgress, added Mr. Cunningham.
I i'i|'!"!.' T,i"i: JjfliL 'i |!J l!|,.if > "i,, |
3.2 Status of the Draft National Brownfields
'f''"I,;,,:"'!;,":";;;;' Action Agenda
Ms. Linda Garczynski, OSWER Outreach and
:,=,, Special Projects Staff (OSPS), presented
,,„,_ ^. _„--..__. ^
iii1 JF i|n: in iiiilliiiiil'liFiii'Niiii ;,;i liui'i'ii'iimim, , l <» .IBiiilliiniilin '< iiiiniiiJlRii"1 m; iPiiiiiiniiiiiiiiiLiiiL, t i in, 11'iin.iiCii, iiiiuiiiiiiiiii' *?•n1s ..IB mi 111"»"'.'»M
agenda. (Exhibit 7-3 presents a
of the Browfifields' Action Agenda).
"Before her presentation, Mr. Lee noted that EPA
had implemented many of the subcommittee's
'S'^^^g^Hpns -^fpr example, the title of thei
documentwas "changed "to substitute the word
"natjonai" for the word "EPA's." He added that the
emphasis on the word "national" indicates that the
Brownfields initiative includes all federal and state
agencies and local governments. In addition, Mr.
Fields, noted that most of the credit for EPA's role
in the BrownfieJds initiative belongs to Ms.
Garczynski and other individuals in OSPS.
Ms. Garczynski provided an overview of the
background and history that led to the
development of the draft agenda, mentioning that
EPA had undergone a process of analyzing the
issuej |fet h§d bier) raised consistently during
the five public dialogue meetings held throughout
the U1QljJedij,Sjate;s, jrj, ligfj., Ofle.pyerridjng issue,
she said, was the peed of communities for a
federal response that is better coordinated among
the agencies. She explained that EPA began
analyzing the issues raised by members of
IN, it 'x!,,.'! IHIIIPJ.,; ;/.:
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National Environmental Justice Advisory Council
Waste and Facility Siting Subcommittee
Puerto Rico. He added that OSWER staff will
work with EPA Region II on the matter.
Subcommittee members discussed the
importance of public participation in the
brownfields redevelopment process. Mr.
Kennedy cautioned that EPA should not
"prescribe" public participation or other processes,
stating that the brownfields program is good
because it encourages innovation and creativity.
Prescriptions, or how-tos, can stifle and hinder
creativity, he added. Ms. Garczynski agreed,
adding that there are various models of effective
' public participation processes all offering different
approaches tailored to unique community
concerns. Experience gained through the
brownfields pilot projects has indicated that each
project Is unique, she said. Mr. Fields noted that
EPA can "spread the word about what works"
without actually prescribing a particular method.
Mr. Goldtooth expressed concern about an
apparent lack of attention and focus on how tribal
issues fit within the Brownfields Initiative. He
stated that EPA's American Indian Environmental
Office (AIEO) historically has focused on outreach
to tribal governments, but no attention has been
given to tribal communities. AIEO is accountable
only for activities involving tribes recognized by
federal authorities; tribes recognized at the state,
but not federal, level consequently are left out, he
continued. Mr. Goldtooth also expressed concern
about an emphasis on "urban" areas, stating that
the term "urban" takes on a different meaning in
tribal areas. Mr. Lee added that brownfields
within an urban context is important, but such
programs are not "the only" context; rural and
tribal areas, as well as areas in Puerto Rico, also
should be addressed, he stated.
Other issues raised during this discussion include:
the importance of recognizing the distinction
between community-based planning and
community participation; the need to understand
how issues of race affect the redevelopment
process; and the need for consistency in
enforcement and compliance assurance,
particularly in the area of interagency
coordination. Mr. Fields mentioned that an
interagency work group has been established to
deal specifically with issues related to
brownfields.
Acknowledging the importance of the issues, Mr.
Lee encouraged subcommittee members to write
position papers on specifip issues to educate
others aiid heighten awareness. The position
papers could be shared with subcommittee
members, the Executive Council of the NEJAC,
and appropriate EPA personnel. Ms. Garczynski
commented that position papers would be helpful
to EPA staff who are attempting to address the
issues,
Ms. La Sonya Hall, National Institute of
Environmental Health Science (NIEHS), noted
that NIEHS is developing .a policy paper on public
health issues related to the cleanup of brownfields
and the role that human health services agencies
can play in the process. NIEHS intends that the
content of the policy paper be incorporated into
the national brownfields action agenda, she
explained. NIEHS also can share with other
agencies examples of several success stories '
about community involvement, Ms. Hall
commented, adding that NIEHS had awarded
$2.1 million in grants for 12 research projects (4
of which deal with Native American communities)
and $1.3 million in grants for 5 projects involving
community-based pollution prevention activities.
However, NIEHS cannot sustain those projects
forever, she stated; the projects will need
collaborative funding, she suggested.
Ms. Lillian Kawasaki, Department of the
Environment, City of Los Angeles, California
pointed out that the subcommittee had discussed
brownfields in the context of how it is related to
issues of environmental justice and public
participation. She expressed concern that the
perspective offered by the subcommittee was not
consistent with the way brownfields projects are
actually implemented. She also expressed
concern about "everyone wanting everything to be
defined as brownfields" in order to reap tax
benefits and other associated advantages,
without real concern for the communities that are
affected by such projects.
Mr. Lee asked, "What is the most helpful role for
the subcommittee?" Mr. Fields responded that
the subcommittee's advice to EPA had been
crucial in many areas, such as relocation and.
brownfields. He added that the subcommittee's
voice helps to "keep EPA on track." EPA now
needs advice from the subcommittee as the
agency attempts to determine whether EPA really
is delivering what communities need, whether
people really are being helped, and whether
public concerns are being addressed, Mr. Fields
stated. He pointed out that EPA "hears different
voices from different stakeholders" and cannot
Baltimore, Maryland, December 10 and 11,1996
7-5
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1,8'NI
,!!> OUt
;;:,:: Wa,^''arid facility Siting'Subcommittee
National Environmental Justice Advisory Council
address all the concerns of all stakeholders;
however, EPA relies, on the subcommittee to
advise whether the agency is on the right track,
LI" Hm; 'I;1 |i'|'|'i I'1 Tilling / W .,,:, „
Mr. Fields stated. He said that EPA is helped by
the ongoing dialogue with subcommittee
members on brownfields issues. He added that
brownfields is a high-priority issue for the
President and Vice-President and therefore will
receive support over thei next four years.
There was some discussion about brownfields
projects that have produced success stories that
can and should be shared. Mr. Lee specifically
mentioned four brownfields pilot projects in
multicultural communities in the San prancjsco
Bay area. Ms. Garczynski mentioned that
communities in Sap Antonio, Texas had
requested a series of "focus meetings" around the
country that would include a case study of a
project through which "participants;""w;ouidconfront
the problems and issues relatedto(thatproject as
a learning experience that'cbuid' be shared"wrtH"
others.
3.3 Status of EPA's Activities and Guidance
Related to Siting
I I III II i II i i I HI I hi I ill I I II II iii i 11*
Mr. Lee reminded subcommittee members of the
discussion gbput issues related to siting that took
place during the May 1996 meeting of the
Jg§, At that time,subcommittee
Mr. Lance Miller, OSW Permits Improvement
Team, presented information about OSW's siting
activities. Ms. Phillips distributed copies of EPA's
draft guidance, "Sensitive Environments and the
Siting of Hazardous Waste Management
Facilities,1' dated October 24, 1996. Ms. Phillips
explained that, while developing the draft
guidance, EPA realized that it had been focusing
on technical issues and neglecting social issues;
therefore, the agency decided to develop a
guidance document related to technical issues
and another guidance document related to social
issues. She noted that EPA also is referring to
the guidance documents as "brochures." Ms.
Phillips explained" that the subcommittee
members had been given copies of the draft
technical guidance, on which EPA was soliciting
comments. The guidance addressing social
issues is under development, she said.
, % • fe!5 SA~,, !
members ^had agreed that EPA was not
!il "addr^i§ipg" siting "issues adequately and that the
subcommittee should develop a set of
environmental justice principles specific to siting.
He added that the NEJAC Health and Research
Subcommittee^ also was addressing Sjtjng "issues,
but was focusing on -the cumulative risk aspects
i of sfti^'HecTsions".
Mr. sfegel"questioned whether trie subcommittee
Interprets "siting" in terms of the siting of
hazardous waste facilities or from the perspective
of the siting of facilities in general. He cautioned
that trie" way the ferrh"Bsrfing"" is defined grea|jy
influences what the issues are and how they
should be addressed. Mr. Lee stated that the
subcommittee should focus on siting in general,
noting that a broader perspective on siting issues
woul4J^rnp^^ej[jef|g|§J. becau,§§ rjriany issues of
concern to low-income people and people of color
are not confined to the boundaries of "a facility."
Ms, Virginia Phillips, EPA Office of Solid Waste
(OSW) Hazardous Waste Permitting Branch, and
Ms. Phillips also asked for the subcommittee's
reviews on several activities of OSW as described
below:
• EPA conducted a study to determine the
locations and numbers of existing facilities
that are regulated under the Resource
Conservation and Recovery Act (RCRA);
areas in which the construction of new
facilities was planned; and projections for the
next 10 years of the locations i of new
'"
_ _ like to follow up on that
study to determine factors and criteria that
EPA should consider in making future siting
decisions.
• EPA is seeking comment on issues of
concern to low-income people and people of
color about corrective action cleanups under
..... ::i,;iRCRA.
• EPA is seeking comment on the development
of the siting guidance that addresses social
issues.
Ms. Phillips also mentioned that one question that
remains to be answered is, "Who |s the audience
that EPA should involve" in the processes for
providing feedback, comment, and advice. For
example, local land use planning and zoning
personnel have not always been included in the
policy and guidance development process, she
stated, but they should be.
7-6
Baltimore, Maryland, December 10 and 11,1996
I tl
ill1
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MEETING SUMMARY
of the
HEALTH AND RESEARCH SUBCOMMITTEE
of the
NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
December 10 and 11,1996
Baltimore, Maryland
Meeting Summary Accepted By:
Lawrence \Martin
Designated Federal Official
Mary Encash
Chair
C
_
Carol Chnstensen
Designated Federal Official
-------
i •
-II
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National Environmental Justice Advisory Council
Waste and Facility Siting Subcommittee
Mr. Miller provided an overview of EPA's Permits
Improvement Team, stating that, it had been
formed in July 1994 by the Administrator of EPA.
The team, co-chaired by Mr. Laws and Ms. Jean
Fox, Administratpr of EPA Region II, takes a
multimedia approach and includes
representatives of all EPA regional offices, he
added. The team is evaluating general permitting
issues that EPA must address; in an effort to
identify the issues, team members held
discussions with individuals representing each
EPA region, he explained. Mr. Miller stated that
the team did not develop a perspective on
environmental justice issues, as had been
anticipated. Final draft recommendations about
the permitting process were prepared in Spring
1996; since then, EPA had received 24 formal
comments on the document, he explained. He
stated further that, although the document
focuses on the permit process and does not
address siting issues directly, the team did
recognize that environmental justice groups are
not satisfied with the siting process. Siting
decisions should be made on a local level, he
added.
Mr. Miller outlined the recommendations made by
the Permits Improvement Team: >
• Environmental justice issues related to the
siting of facilities should be addressed
indirectly through public participation.
• Public participation should occur early, when
locations initially are being "scoped ouf by
facilities. . -
The current permit process should be revised
to give the regulated community what it wants
-a performance-based process that will allow
global competitiveness.
• A mechanism should be provided through
which communities can raise their issues and
receive responses.
The question of "who benefits and who bears
the burden" should be addressed.
• Better enforcement is needed in low-income
communities and communities of color.
Mr. Miller cautioned that EPA management had
not yet endorsed the recommendations.
Therefore, he added, they should be viewed as
his personal observations. He expressed the
opinion that community issues often are broader
than facility-specific issues; therefore, a
comprehensive mechanism is needed to address
community issues, he concluded.
Subcommittee members discussed the
complexity of issues involved in facility siting. Mr.
Siegel stated that facilities should be categorized
by type of waste, such as municipal waste
facilities or industrial waste facilities. Each
category of facility, he said, should be viewed
differently. For example, community impact
statements should be required in much the same
way as environmental impact statements (EIS)
, are required under the National Environmental
Policy Act, he explained. He added that
community impact statements should outline the
potential effects of a siting decision on and threats
to communities. Currently, there is no way to
know the potential health risks posed by the
addition of new facilities in an area, he said.
Mr. Lee asked, "What exactly do we mean by
'disparate impact1 and how are we defining that?"
Mr. Fields commented that siting and permitting
issues must be dealt with in a comprehensive
manner. Such issues as public participation,
enforcement under Title VI of the Civil Rights Act
of 1964, cumulative health risks, benefits to
affected communities, compliance with the
requirements of NEPA, and guidance for
addressing social issues at the state and local
levels all must be addressed. Mr. Fields
suggested that the subcommittee examine each
of the issues as "a piece of a whole," deciding
what its recommendations will be on each.
Ms. Sue Briggurri, WMX Technologies, offered
two viewpoints on the preparation of community
impact statements. One way to conduct such
reviews, she said, is to "describe everything that
exists" in an area and then decide "no more."
This approach, she added, can lead to the
abandonment of development that otherwise
would be useful to the community. The method
also does not allow substantive investigation of
how and by whom facilities are being regulated,
she stated. Ms. Briggum suggested that another
approach be taken. Specifically, she suggested
that an index be created of all potential sources of
pollution. For each source, an inquiry then should
be made about the extent to which it is regulated
ahd whether exemptions to the statutes exist.
She also suggested that the applicable regulatory
agency be identified for each source, to help
communities determine whom to call if problems
Baltimore, Maryland, December 10 and 11,1996
7-7
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f
•
Waste and Facility Siting Subcommittee
National Environmental Justice Advisory Council
arise. This approach, Ms. Briggum suggested,
Would provide a better picture of sources of
pollution inan area, on the basis of which _ costs
and binefite cpujd pe, weighed. Ms. Briggum
suggested that EPA create a guidance document
for preparing community impact statements and
that the document specify the procedures to be
used, depending on the type of facility, the
applicable statutory authority, and trie regulatory
agency responsible for oversight.
Mr. Benjamin mentioned that OPPT is conducting
a study in Baltimore that includes a compilation of
an inventory of all potential polluting facilities.
The subcommittee's ideas about developing
'l>
: be helpful to
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Exhibit 7-4
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ftltfc'l.stf'P,
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SUMMARY OF SITING ISSUES
Presented below is a summary of issues related to
siting that were discussed by the Waste and
Facility Siting Subcommittee:
• There are "social" as well as "technical"
issues that must be addressed.
• A better understanding of the "bottom-up,
community involvement paradigm" is needed
because the community's perspective on
community involvement and community-
based planning differs from the perspective of
a federal agency.
• Such issues as cumulative risk and
disproportionate burdens should be addressed
through a coordinated approach among
agencies, with the recognition that such issues
never have a "purely urban" context.
• A process beyond merely discussing the
pertinent issues at NEIAC meetings is needed
to address siting issues.
• A series of siting roundtable meetings, similar
to the relocation roundtable meeting, would
be useful; the subcommittee could facilitate
and plan the process to make sure that
appropriate people participate (subcommittee
members acknowledged that they are not
necessarily the "appropriate participants").
5' li!1' Mr" I!"":
those working on the Baltimore project, he added.
Mr. Stanislaus expressed concern that the
assessments would not be truly representative of
the effects on communities unless the
communities are involved. in the,, assessment
process. Mr. Soto-Lopez added that coordination
among local agencies also is a crucial part of the
process.
Mr. David HahnrBaker, Inside-Out Political
Consultants, commented that a dilemma exists in
attempting to address issues on a local level while
also attempting to achieve broad objectives and
develop broad guidelines. He suggested that
perhaps it is not possible to achieve
i!:,|;"§|v|ronmer|fl justice .wrthin the current .regulatory
framework' however, a "two-track" process could
be pursued to "make things better, while
simultaneously articulating that they're still not
good," he continued. Mr. Hahn-Baker said that
the EPA Administrator consistently sends a
message that things are being addressed and the
government is protecting communities. That is
not the case," he said, "and that needs to be
articulated." Mr. Hahn-Baker stated that the
subcommittee can have an effect by "laying the
groundwork for something better than what
currently exists." He urged subcommittee
members to focus on "regulatory changes, testing
of individuals and children (in addition to soil
testing), and broad-based tax policies." He asked
them not to lose sight of the real goal, which is to
protect humans.
Mr. Elisburg .spoke about the importance of
developing an understanding that there is no
"numerical answer" or "score" to achieve in
addressing the issues raised. He said that
"people should not be disillusioned about there
being a 'right' answer; there may be many
answers." Mr. Stanislaus added that EPA should
examine its existing programs and identify ways
within them in which risks can be minimized,
giving full consideration to both technical and
social issues. Exhibit 7-4 summarizes the
subcommittee's discussion on siting issues.
3.4 Report on the Petroglyph National
Monument in Albuquerque, New Mexico
Ms. Cordova presented information about the
Petroglyph National Monument, a site in
Albuquerque, New Mexico that the Pueblo Indians
J^consldef'a'sacre^"religious'site (slse" Exhibit 7-5).'"
i11 «•'*!•»
•""
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Baltimore, Maryland, December Wand 11,1996
"!;,, ''i,1 li -I,, ,Si
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National Environmental Justice Advisory Council
Waste and Facility Siting Subcommittee
She specifically mentioned the plans of the city of
Albuquerque to construct two commuter highways
through the monument and emphasized that the
highways would infringe upon the sacred site and
nearby communities. Ms. Cordova also explained
that potential damage to natural resources, issues
related to protection of the ecology, and conflicts
between environmental protection and
development interests also are issues at the site.
She distributed handouts that provided
background information about the site, as well as
information about a coalition of grassroots and
other organizations that has formed to stop the
proposed highway construction project. She also
mentioned that an Executive order specifically
directed at sacred sites was signed in May 1996.
Mr. Lee responded that the subcommittee should
request that the Executive Council of the NEJAC
track the issues associated with the site. He
added that "this is not just an EPA issue,"
emphasizing that transportation issues and issues
of concern to indigenous peoples are involved.
The requirements of the Executive order also
must be met, he added. "What exactly is a
highway? Is it a facility? Perhaps in the case of
the Petroglyph site, it is a pattern of activity that
affects nearby communities," Mr. Lee said, asking
subcommittee members to think about the
questions he had raised.
Members questioned the extent to which EPA has
been involved in similar situations at other sites,
and whether EPA is the lead agency. They also
inquired about the exact nature of EPA's role in
the petroglyph case, with respect to affecting the
decision to construct the highways. Ms. Kawasaki
suggested that the subcommittee reques_t that the
Executive Council of the NEJAC request that the
EPA Administrator organize and facilitate a
meeting between tribal organizations and other
agencies to investigate the Petroglyph site as an
environmental justice, rather than a siting, issue.
Mr. Siegel suggested that the subcommittee work
with the Indigenous Peoples Subcommittee to
investigate past efforts to identify "sacred sites"
. and distinguish them from "facilities."
Mr. Fields urged that NEJAC "assemble the facts
around this issue" and suggested that a database
of sacred sites would be helpful to EPA. Ms.
Kawasaki responded that NEJAC should not bear
the burden of gathering information; rather, EPA
should use its authority as a lead agency, she
said. Mr. Goldtooth commented that the idea of
creating an inventory of sacred sites had been
raised during congressional hearings. He added
that tribes are reluctant to divulge the locations of
sacred sites for a variety of reasons, including
fears that people will use those sites for
meditation areas or archaeologists may steal the
bones. Mr. Goldtooth urged that the role of the
subcommittee and the full NEJAC be clearly
communicated, with respect to this issue, to avoid
"falsely elevating community expectations of what
NEJAC can do."
Subcommittee members agreed that, although a
complete inventory of all existing sacred sites
may not be feasible or appropriate, an inventory
of sacred sites at which issues have been
addressed in the past would be helpful, as would
information on the effect that decisions related to
those sites have had on policy. Recognizing that
the'issue is worthy of further attention arid action,
subcommittee members agreed to consult with
others, including the Indigenous Peoples
Subcommittee, about the best course of action to
pursue. They also agreed to forward the issue to
the Executive Council of the NEJAC for further
Exhibit 7-5
PETROGLYPH NATIONAL MONUMENT
The Petroglyph National Monument was created
in June 1990 by an act of Congress. The
monument spans more than 7,244 acres and is
estimated to contain more than 17,000 Indian
petroglyphs. The petroglyphs, or symbols, are
carved into volcanic rocks and are estimated to be
more than 1,000 years old. The Pueblo Indians
consider the area sacred and believe that "many
things have been buried there over the centuries
and were placed there to accompany the deceased
on their journey into the next world." Therefore,
the Pueblo Indians believe that the proposal of the
city of Albuquerque, New Mexico to construct
highways through the area would disturb and
threaten the sacredness of the area.
The Petroglyph Monument Protection Coalition
consists of representatives of five Indian Pueblo
tribes, the Tonantzin Land Institute, the Southwest
Organising Project, Youth Action, the Native
Lands Institute, the Progressive Student Alliance,
the Sierra Club, and In Defense of Animals. The
coalition was formed to preserve and protect the
Petroglyph National Monument as a • sacred
religious site and as a national park.
Baltimore, Maryland, December to and 11,1996
7-9
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Ill i i 11 1 ill Hill 11 n lull mill n«l Illllllllllllllll i II if II 1 iP I ill in
Waste and Facility Siting Subcommittee
i in in 11 i
ll (i I I i I HI III IIH I i N " i P
National Environmental Justice Advisory Council
I
r ;lf.
i |< j, ,|i||i
action and to request that the issue be raised to
the Interagency Working Group on ErwiroYSrarrtaf'
Justice (IWG) because it is not simply "an EPA
4 '= * ' "* "
issue.
3.5 American Society for i Testing and
Materials Proposed Task Group 'on
"•'•• Brownfields
'•-•;i:*:,lii!t"Kf;iSffi?«.M^Ji'Stl'rJI •SS!ii^il"if 1 ^:*i*K1Pi'^:^
Mr. Michael Taylor, American Society for Testing
and Materials (ASTM), presented information
about a tagk group ASTM has proposed to
establish to develop a process and establish
! , miniujy.ui. T ''i,uM?!!n,e.s. ,an,?,, ' ^[^^TEfs ?°,r
i r^g^gj£p','nyg fcT^yvnfje'kls p>b'pefties'arid" 5'n'ngjng
about sustainable development. He stated for
clarification that he was speaking as a member of
ASTM, rather than on behalf of the organization. .
The task group, he explained, would include' all
relevant and interested stakeholders, such as
potentially responsible parties, consultants, site
developers, and community groups. He
explained further that any standards formulated
^ By A§TM"are "riot "lawj" jbjS" raffier^ar^vpJunterY
standards" Jfiat provide a certain amount of
consistency among stekehofder groups in
interpreting issues and implementing certain
activities. Minimal standards pi guidelines for
sustainable development'"fiat"ASTM""wbuld" like to
create include 3 comrnpp Starting point, or frame
of reference, with respect to community Interests
and developer Interests, he ^explained. He
pointed out that the suteommitte'i! or the
Executive Council of the NEJAC, should consider
f becoming a partner in the task group.
Ms. Briggum acknowledged that ASTM
historically has done a good job in technical
areas; however, she questioned the value of
"bringing in a third party" when the subcommittee
and EPA have been working over a long period of
time on similar issues. She also expressed her
opinion that forming a group of stakeholders to ,
discuss the issues' mightriot accomplish'''True
community participation goals." She added that
industry "has an edge" over communities in
understanding ASTM processes because of the
technical aspects involved in establishing
standards and file,,, tirjig demands made on
typically, she said, consultants and
iteliisprppp^
irpupir comgarid" ^wHh _ representatives [ of
Mrl Stanislaus agreed" with
Ms. Briggum, adding that, although ASTM
standards dp not carry the authority of law, they
iiiirjiifeiiiH^ wt^WNX:-:! (•JK^'it1* ^
are "regarded as law;" therefore, caution should
be gxQrcised" -"when assessFhg wn"e^er''" fhe
proposed task group will appropriately include the
groups t^TO^arylbT.'"^^^'''^^^^!^ of, developing
"rhinirnal'stlhdlrds^ 'he "state d. •
.
Mr. Jon Sesso, Butte-Silverbow Planning
Commission, commented that standards would
........ "useful if ........ "they ............. were"' ........ to ................ encompass ..... f^
appropriate environmental justice goals. "Until a
uniform building code was established, unsafe
buildings were made," he said. Questioning what
is meant by "standard," Mr. Hahn-Baker
suggested that thought be given to what a
u . *», . ; ......... §'''"'•'• i " ' . .1 " '
standard" is, since, he pointed out, there are
differences between existing standards, ideal
standards, and those standards considered
Mr. Lee added that public participation is not
"real" unless it is integrated into the process, and
real public involvement includes "more than just
paying airfare for someone to attend arneeting."
He"" expressed ' concern about the ' motives "of
.......
various ....... groups ..... arid ....... organizations that ....... have
approached the NEJAC and subcommittee
members to offer to "help." Mr. Lee cautioned
subcommittee '.members to proceed carefully and
io'cb'risTder ASTM's cbmm'iifrient to "ensure that
considerations of environmental justice will be
taken into account during the task group's
discussions. He added that a relationship with
ASTp ^=^ foe wbrth "pursuing"! but that there are
questions about ASTM's motives and its
willingness to "address environmental injustices
'in .their own backyard." .............. An ....... example ......... of ..... how
ASTM's .motive could be r assessed "might" involve
examining ASTM's willingness to look into the
diversity (or the lack of diversity) that exists within
ASTM, he concluded.
4.0 .......... FUTURE GOALS 'OF THE
SUBCOMMITTEE
__ _ . . .. .. .... ..... _ . . .. .......
Mr. Lee led a discussion of the * future fobus of the
subcommittee, stating that the ; «sufc)commj^ee
needs to rise to the challenge of addressing
complex issues." What the subcommittee does
,ove,rthei,next,.year will depend, he said, on what
the^ individual ...... members make crnmitments ..... to.
^ ...... . . .....
Mr.' Lee theri asked members to articulate, their...'
ideas and' suggestions about topics ...... the
"subcommittee might focus on in the upcoming
year. Subcommittee members suggested several
are3s and issues that might be worthy of
' , In HIM, i;,!1;,!!!: : , Jmlililiii,,,.. ,«!', ,11;,,," ,
V!1"!,,."' 'ftn '/ '!! "MJiniJg.r'i!1!! iiW "Illl a
•! ..... fiM
'«V"f,i Ivi'luJI
' I I i ill 1 1
i (III
,;,Bg/|fe?fift Maryland, December 10 and 11, 1996
-------
National Environmental Justice Advisory Council
Waste and Facility Siting Subcommittee
investigation and follow-up by the subcommittee,
including:
• Consider hosting a series of public hearings
around the country to discuss the EPA rule on
revisions to standards for particulate matter
and ozone levels.
Review the issues associated with conducting
community impact statements, in terms of
specifically referring the issue to EPA and
influencing the development of standards or
guidelines.
• Seek consistency in the way in which new
EPA initiatives are carried out; for example,
EPA's "urban initiative," which consists of
funding for pilot projects throughout the
United States, should be consistent with the
brownfields and other related initiatives.
• Recommend that regulations that govern the
permitting process should be revised to
mandate public notification well in advance of
the beginning of the permitting process.
• Become involved in the Superfund
reauthorization process, including tracking
the effects of the efforts of people of color to
' become involved the reauthorization process.
• Develop case studies of successful public
participation processes and share information
about lessons learned, costs involved, and
other factors that might be useful for future
projects.
• Create a verifiable check list of cleanup
actions that are needed at the nine Superfund
sites in Puerto Rico at which no significant
progress has been made in cleanup.
Mr. Lee added that OSW had requested that the
subcommittee consider two additional issues: (1)
the role of states and tribal governments in the
. Superfund process and (2) how to link
environmental justice issues to community-based
environmental protection initiatives.
Ms. Garczynski commented that EPA has set
aside $1 million for the urban initiative, which is
still in the planning stages. Ideas under
consideration include integration of brownfields
activities with the urban initiative that affect urban
areas; building of models based on experiences
from pilot projects in some cities (the cities have
not yet been chosen), in an approach similar to
that employed for the brownfields initiative; and
implementation of a multimedia approach to
addressing issues.
Before the subcommittee meeting adjourned, Ms.
Kawasaki inquired whether the time between
scheduled subcommittee meetings could be used
to follow up on issues raised during discussions.
Mr. Lee responded that a conference call could
be held to establish a process for addressing
issues. He added that staffing may be an issue
because individuals-volunteer their services to the
subcommittee.
Baltimore, Maryland, December 10 and 11, 1996
7-11
-------
I
I I,
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-------
APPENDICES
-------
I11 111 II
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;;)v '
- Iiiiiiii4'a3iiiiiiiii»iiii!iiii»ii|l'!ii8;iitii • - - -
-------
LIST OF NEJAC MEMBERS
-------
Hill l|l 111 ill
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-------
NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
(A Federal Advisory Committee)
Chair:
Designated Federal Official:
Richard Moore
Clarice Gaylord
Dr. Clarice Gaylord, Director
Office of Environmental Justice (2201A)
U.S. Environmental Protection Agency
401 M Street, SW
Washington, DC 20460
Ph: 202/564-2515
FAX: 202/501-0740 - DFO
E-mail: gayiord.clarice@epamail.epa.gov
1996 - 1997 MEMBERSHIP LIST
Leslie Ann Beckoff
Conoco ln./DuPont (CMA)
1045 Walters St., C310
Lake Charles, LA 70607
Ph: 318/497-4834
, FAX: 318/497-4717 - 3 years
E-mail:
Christine Benally, Ex. Director
Dine CARE
P. O. Box 1992
Shiprock, NM 87420
Ph: 505/368-5890
FAX: 505/368-5890- 2 years
E-mail: cjbenally@ncc.cc.nm.us
John C. Borum
Vice President
Environment and Safety Engineering
AT&T
131 Morristown Road
Basking Ridge, NJ 07920
Ph: 908/630-2700
FAX: 908/630-2718 - 1 years
E-mail:
Dollie B. Burwell
Warren County Concerned Citizens
Against PCB
P. O. Box 254
Warrentoh, NC 27589
Ph: 919/257-3265
FAX: 919/257-1524 - 2 years
E-mail: w.bur@aol.com
Luke W. Cole
California Rural Legal Assistance Foundation
631 Howard Street, Suite 330
San Francisco, CA 94105-3907,
Ph: 415/495-8990
FAX: 415/495-8849 - 3 years
E-mail: crpe@igc.apc.org
Mary R. English
Associate Director
Energy Environment and Resources Center
600 Henley Street, Suite 311
University of Tennessee
Knoxville, TN 37996-4134
Ph: 423\ 974-3825
FAX: 423/974-1838 - 2 years
E-mail: menglish@utk.edu
Rosa Franklin
Washington State Senate
409 Legislative Building
P. O. Box 40482 ' ' "
Olympia, WA 98504-0482
Ph: 360/786-7656
FAX: 360/786-7524 - 3 years
E-mail: Franklin_Ro@leg.wa.gov
Deeohn Ferris
Washington Office on Environmental Justice
1511 K Street, NW, Suite 1026
Washington, DC 20005
Ph: 202/637-2467
FAX: 202/637-9435 -1 year
e-mail: woej@igc.apc.org
Jean Gamache, Esq.
Tlingit and Haida Indian Tribes of Alaska
125 Christensen Dr.
P. O. Box 104432
Anchorage, AK 99510
Ph: 907\ 277-8234
FAX: 907\ 272-6519 - 2 years
E-mail: greenpeace.alaska@green2.greenpeace.org
Amoldo Garcia, Development Director • '
Earth Island Institute
2263 41st Avenue
Oakland, CA 94601
Ph: 415/561-3332 ^
FAX: 415/561-3334 - 3 years
E-mail: agarcia@igc.apc.org
Februarys, 1997 (2:19pm)
-------
Margaret L. Williams
Citizens Against Toxic Exposure
6400 Marianne Drive
Pensaoola, FL 32504
Ph: 904/494-2601
FAX: 904/479-2044 - 3 years
E-mail: none
I I
in nil iii
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Februarys, 1997 (2:19pm)
-------
List of Participants
-------
Ill
III
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-------
NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
Baltimore, Maryland *
December 12 through 12,1997
LIST OF PARTICIPANTS
Marilyn R. Ababio
Vice President
Sunshine Environmental Service
12 Bendix Lane
Willingboro, NJ 08046
Phone: 609-871-7424
Fax-
E-mail::: safTa@aol.com
Lois K. Adams
Regional Coordinator
Region I
Urban Environmental Initiative .
U.S. Environmental Protection Agency
One Congress Street
John F. Kennedy Federal Building
Boston, MA 02203
Phone: 617-565-3487
Fax-
E-mail:: adams.lois@epamail.epa.gov
Femi Adesanya
Director
Environmental Justice Technology Center
Hampton University
27 West Queensway, Suite 102
Hampton, VA 23669
Phone: 757-728-3958
Fax::
E-mail:: femi@cs.hamptonu.edu
Rich Albores
Staff Attorney
Office of Civil Rights
U.S. Environmental Protection Agency
401 M Street, SW
Washington, DC 20460
Phone: 202-260-4575
Fax::
E-mail:: albores.richard@epamail.epa.gov
Mustafa Ali
Office of Environmental Justice
•U.S. Environmental Protection Agency
401 M Street, SW (MC 2201A)
Washington, DC 20460
Phone: 202-564-2606
Fax-
E-mail:: ali.mustafa@epamail.epa.gov
Chyrl Andrews
Project Manager
Environmental Justice Project
University of Maryland at Baltimore
28 East Ostend Street, 2nd Floor
Baltimore, MD 21230
Phone: 410-706-1924
Fax-
E-mail:: candrews@ehec.umab.edu
John Armstead
Deputy Director
Region 3
Hazardous Waste Management Division
U.S. Environmental Protection Agency
841 Chestnut Street
Philadelphia, PA 19107
Phone: 215-566-3000
Fax-
E-mail:: armstead.john@epamail.epa.gov
Shirley Augurson
Environmental Justice Coordinator
Region VI .
U.S. Environmental Protection Agency
1445 Ross Avenue
Dallas, TX 75202
Phone: 214-665-7401
Fax::
E-mail:: augurson.shirley@epamail.epa.gov
Bev Baker
Environmental Scientist
CBPO
U.S. Environmental Protection Agency
410 Severn Avenue, Suite 109
Annapolis, MD 21403
Phone: 410-267-5772
Fax::
E-mail:: baker.beverly@epamail.epa.gov
W. Wallace Baker
Director
Office of Fair Practices
Maryland Department of the Environment
2500 Broening Highway
Baltimore, MD 21224
Phone: 410-631-3964
Fax-
E-mail:: mdefpo@charm.net
-------
NEJAC List of Participants
Baltimore, Maryland
Page 2
[[[ Albert Barros . , . Louise Benally
"" .................................................. ' .................... PragramlQfanag'er [[[ Executive Director
U,S. Department of Agriculture Sovereign Dineh Nation
14th Street and Independence Avenue, SW P.O. Box 2889
Washington, DC 20250 Window Rock, AZ 86515
Phone: 202-720-0352 Phone:. 505-371-5551 ,",", ',
[[[ fax;: [[[ ; ............... ; ..................................... Fa*:: [[[ .................................... , ......... ......
E-mail:: E-mail::
Sharon Beard T_ ..... .................. . ........ ............. . ....... _ ...... ii:. ................. .............. , ......... ..... Jay Benforado •
Industrial Hygieriist Director
National Institute of Environmentar Health Sciences EPA Regulatory Reinvention Team
U.S. Department of Health and Human Services U.S. Environmental Protection Agency
P.O. Box 12233 (MD 17-03) 401 M Street, SW(MC 1102)
^___,;__^ psukt NC 27709-2233 Washington, DC 20460
Phone: 919-541-1863 Phone: 202-260:4255
ll| |l||l I II M ill I ' aX.. - j .i" ,i •!(•!,. Soft's ....... 'i ........ • ...... .............. i ..... .• .......... .;i|. ...... n ....... • ......................... •' . ...... • ....... ." ....... '. ........ ' ...... ....... i ....... ... .sii,,™....,. en ....... nr:.ii ...... in ........ •
E-mail:; faeard1@niehs.nih.gov E-matf:: J3enforadp.jay@epamail.epa.gov
Dwayne Beavers • ............... Kent Benjamin
Program Manager Designated Federal Official
Cherokee Nation/OES Office of Solid Waste and Emergency Response
P.O. Box 948 U.S. Environmental Protection Agency '
ta|iga_i; ...... _ ......... 744^ [[[ .......... ....................... ....... ..... ............................. .............. ' " ........ 401 i ..... Street* ...... SW^MC SIOI)' .............
Phone: 918^58-5496 Washington, DC 20460
Fax." , Phone: 202-260-4039
•~:- :": ..... E-mail:: i Fax:: ' .,..'' , ,
........... .i • .' ............. ..... -. ..................... ............ i ....... ..'.'•• ................. :- ..................... • ......... ...... • ...... • ...... | ............ C .......... ............ ' ....... •• ......... ' .............. ............ ..... ""• ;• ..... •' •• ........ .................. ....... !•> ........ j' ...... "'='• E-mail;: benjamin.kent@epamaii.epa.gov
Leslie Ann Beckhoff
[[[ COQOCQ ..... IneVDuPont [[[ Marvin Benton ,
One Lakeshore Drive Chief, Legal Enforcement Branch
•; ............... Su||e 900^,,, .......... . ......... Trui. ......... ...... ,,„_ ....... ,, ................................................. Region VI
Lake Chartes, LA 70629 U.S. Environmental Protection Agency
Phone: 318-497-4834 1445 Ross Street
Fax." Dallas, TX 75202
E-maii:: Phone: 214-665-2128
*lt**H8S;in''ii!,''!i' Elizabeth Bell ,. , E-mail:: benton.marvin@epamail.epa.gov
.^T;^;'.';:,1;:^; ^Afne|!SO-lGS!!a.n. ..... ^RyiSOfflSDtS! ...... 9SJC1..,,:, ...... . • . . .. ...,,=„,,,,., ,: •. .• ..... -, ...... ..... • ..... ..: ...... •. >.-.: ...... •
II El ;.;3'ir a 'Si, ' "'• ils" Environmental Protection Agency 'Ferial Bishop
I;:::::::::;;,::: ...... 401 ...... M street, sw(MC22oiA) ' " " Biologist , . • . . .
— .'. i. ..... •",..' ..... ..-": Washington, DC 20460 ' U.S. Environmental Protection Agency •
! ......... ' ................ 'vJSi';, Phoney 202-260-8106 401 M §Jreet~SW"(MC ...... 1502) ..........
OTrllft- Fax,." Washington, DC 20460 ....................
H ........ »':':' '^ ' E-mail:: bell.elizabetn@epamail.epa.gov Phone: ...... 202-26CK61 18 ......................................... ......... n _
tfllf'^"^"!;.^)! Ill I'll III 'In I i Ml 'I I I 'I'll II ' I ' I i Fax,". , , , , ,VI , ......
^SjK i|p::,|;i|;;|iB i Christine Benally E-mail:: bishop.ferial@epamail.epa.gov
'" ^x2ffla!y,u.i.PJ[SS?R- ..... ,n ................ ........ . i.. ..... • ..... ............................... ......... ............ ........... i ..... ...... ...... ................ n. i, ..... j. ....... ......... ... >*..>.• ......
Dine CARE . , Christine Bivens
Box 1992 Administrative Specialist
Shtprock, NM 87420 Maryland Department of the Environment
Phone: 505-368-5890 2500 Broening Highway
';;;";' ;. ,;;;;;;;;;; " ;; ...... ;;;;; ; ,;;;;;;;;; ;; ; ......... ; '" „; ' . • / ..... ' ;;;;;;; .. ;;; .. ; „,;",; , , " Baltimore, MD 21224 ........ ; ' ; ........ ' , ;;;; , ;„;,",','„ .
'' "
Bi': ...... ii,| .iilllH ....... ', . , Sliliif
,
.................................. , ...... Fax::" ............ ' " ..................... ....... '"""; .......... \ ................ "; ......... ' i
E-mail::
; ..................... * ....... ........... . ........... ', .................... 'i 'i'1""1 " • , ' " i: \ ' .- , . ...... . ............ "" ....... : i
-------
NEJAC List of Participants
Baltimore, Maryland
PageS
Shelley Blake
Office of Environmental Justice
U.S. Environmental Protection Agency
401 M Street, SW (MC 2201 A)
Washington, DC 20460 ;
Phone: 202-564-2633
Fax::
E-mail:: biake.shelley@epamail.epa.gov
Myra Blakely
Program Analyst
Office of Solid Waste and Emergency Response
U.S. Environmental Protection Agency
401 M Street, SW(MC 5101)
Washington, DC 20460
Phone: 202-260-4039
Fax::
E-mail:: blakely.myra@epamail.epa.gov
Robert Bochar
Environmental Justice Coordinator
Bureau of Reclamation
U.S. Department of Interior
1849 C Street, NW
Washington, DC 20240
Phone: 202-208-5673 *
Fax::
E-mail:: rbochar@usbr.gov
Darlene Boerlage
Office of Enforcement and Compliance Assurance
U.S. Environmental Protection Agency
401 M Street, SW (MC 2261)
Washington, DC 20460
Phone: 202-564-2593
Fax-
E-mail:: boerlage.darlene@epamail.epa.gov
Jackie Boltz
Public Outreach Coordinator
Tetra Tech
5203 Leesburg Pike, Suite 900
Falls Church, VA 22041
Phone: 703-931-9301
Fax::
E-mail:: boltz@halex.com
v
Lisa Boynton
Environmental Protection Specialists
U.S. Environmental Protection Agency
401 M Street, SW (MC 5204G) .
Washington, DC 20460
Phone: 703-603-9052
Fax-
E-mail:: boynton.lisa@epamail.epa.gov
Jose T. Bravo
Southwest Network for Environmental and Economic
Justice
16717 Kettner Boulevard, Suite 100
San Diego, CA 92101
Phone: 619-239-8030
Fax-
E-mail::
Charles Breece
Deputy Director
Office of Site Remediation Enforcement
Regional Support Division
U.S. Environmental Protection Agency
401 M Street, SW (MC 2272A)
Washington, DC 20460
Phone: 202-564-4218
Fax-
E-mail:: breece.charies@epamail.epa.gov
Dana Brewington
Special Assistant
Office of Solid Waste and Emergency Response
U.S. Environmental Protection Agency
401 M Street, SW (MC 5101)
Washington, DC 20460
Phone: 202-260-4610
Fax-
E-mail:: brewington.dana@epamail.epa.gov
Sue Briggum
Director
Government Affairs
WMX Technologies Inc.
601 Pennsylvania Avenue, NW, Suite 300
North Building
Washington, DC 20006
Phone: 202-628-3500
Fax-
E-mail::
Josephine Brown
Environmental Justice Grants Coordinator
Region IV
U.S. Environmental Protection Agency
100 Alabama Street, SW
Atlanta, GA 30303
Phone: 404-562-9672
Fax:: '
E-mail:: brown.josephine@epamail.epa.gov
Wynella Brown
Chairperson
Concerned Citizens of JFK High School
7411 Restgate Road
New Orleans, LA 70127
Phone: 504-246-7267
Fax:: -
E-mail:: ,
-------
NEJAC List of Participants
Baltimore, Maryland
Page4
in ii in in
mi IH
in ii
Pi
Carol Browner
Administrator
U.S. Environmental Protection Agency
401 M Street, SW
Washington, DC 20460
'"~..'"..'. " ".: "pfjotie: 202-23ia4755
Fax::
'. E-maiir.
Douglas "Brugge
•s^Tufts ..Scteil of Medicine .
45 Jacques Street, Apt. 3
,.. i -IB '."'Hi;' c,'i: ' Somerville, MA 02145
lif'Sli!!"'1!11;"11! ''i-ifiB Wl'ii':!'if •'
) 111
Ml
'''"' ^.
Faxr,
Robert J. Brulle
Research Asscociate
Department of Sociology and Anthropology
George Mason University
FairFax:,VA 22030-4444
Phone; 703-643-2905
E-mail", rbrulle@igc.apc.org
inn ill ii in 11 n I n in n inn i i in n i n i will i in ii ii i n
Lament Byrd
International Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001
Phone: 202-624-6960
Fax;: ;
E-mail::
*""" Dona Canales
Program Analyst
Office of International Activities
U.S, Environmetal Protection Agency
401 M Street, SW (MC 2620)
Washington, DC 20460
Phone: 202-260-6772
Fax;:
E-mail:: carialesi.dona@epamaiLepa.gov
.:'" In, 'I,J, ill ' ;»l:; Illilii ' iWiilh J 'I lIHIifi^ "i' i i: ill , S " J" r f "';''!"'
Jon Capacasa
Director .....................................
Region 111
Chesapeake Bay Program
U.S. Environmental Protection Agency
••i--
Philadelphia, PA 19107
Phone: 215-566-5422
Fax-
E-mail:: capacasa.jon@epamail.epa.gov.
Patricia Carter
Projects Director
National Organization of Black County Officials
440 First Street, NW, Suite 500
Washington, DC 20002
Phone: 202-347-6953
Fax::
E-mail:: nobco@ami.net
Astel Cavanaugh
Ecosystem Development
Spirit Lake Nation
P.O. Box 222
St. Michael,'"ND" 58370 '
Phong:,; '7gi-76.fe|8!35
Fax:: '. •
E-mail::
Lemona Chandler
Co-Chairperson
Concerned Citizens of JFK High School
3740 Fairmont Drive
New Orleans, LA 70122
.Pftone: 504^94&:§354
Fax::•
Sue Chapelle
Professor
History and Environmental Studies
Morgan State University
6021 Lakeview Road
Rosezella Can^-Letsorne (
Attorney
U.S. Environmental Protection Agency
Baltimore, MD 21210-1033
Phone: 410-377-2342
Fax:: \ '.
E-mail:: d1 suchapel@moac.morgan.edu
., ..... .......... ........ ............ ,,,„ ......... • ........... iniiiii: ...... ..... „ ..... , ..... . ..... ,„ ,
Washington. DC 20460
Phone: .......... 2()2-266-4567
Fax;:
E-mail:: canty-Ietsome.rosezella@epamail.epa.
.gov
Larry Charles
6.N.E./C.H.A.N.E
2065 Main Street
Hartford, CT 06120
Phone: 860-233-3435
Fax::
E-mail::
i nil1
ii
I'M Ml ,i n ''hi1' 1 Ii
-------
NEJAC List of Participants
Baltimore, Maryland
PageS
Velma Charles-Shannon
Environmental Justice Manager
"Policy Analysis and Coordination Center
U.S. Department of Agriculture
14th Street & Independence Avenue, SW, Room 44W
Washington, DC 20050
Phone: 202-690-3509
Fax:: ' . . -
E-mail::
Willard M. Chin
Environmental Justice Coordinator
Region IX
U.S. Environmental Protection Agency
75 Hawthorne Stret
San Francisco, CA 94105
Phone: 415-744-1204
Fax::
E-mail:: chin.willard@epamail.epa.gov
Carol Christensen
U.S. Environmental Protection Agency
401 M Street, SW (MC 7405)
Washington, DC 20460
Phone: 202-260-2301
Fax-
E-mail:: christensen.carol@epamail.epa.gov
Zach Church •
U.S. Office of Management and Budget
8026 New Executive Office Building
Washington, DC 20503
Phone: 202-395-6944
Fax-
E-mail:: church_z@a1 .eop.gov
Jeff Clark
U.S. Environmental Protection Agency
OAQPSMD-10 • .
Res.earch Triangle Park, NC 27711
Phone: 919-541-5615
Fax-
E-mail:: clark.jeff@epamail.epa.gov
Rick Colbert
Director
Office of Enforcement and .Compliance Assurance
Agriculture and Ecosystems Division
U.S. Environmental Protection Agency
401 M Street, SW (MC 2225A)
Washington, DC 20460
Phone: 202-564-4205
Fax::
E-mail:: colbert.richard@epamail.epa.gov
Luke Cole
California Rural Legal Assistance Foundation
631 Howard Street, Suite 330
San Francisco, CA 94105
Phone: 415-495-8990
Fax-
E-mail:: crpe@igc,apc.org
Marsha Coleman-Adebayo
U.S. Environmental Protection Agency
401 M Street, SW (MC 2620)
Washington, DC 20460
Phone: 202-260-3826
Fax::,
E-mail:: mcoleman@epamail.epa.gov
Peter Conrad
Environmental Planner
Planning Department
City of Baltimore
417 East Fayette Street, 8th Floor
Baltimore, MD 21202
Phone: 410-396-4264
Fax:: ..
E-mail::
Teresa Cordova
Professor, School of Architecture and Planning
Community arid Regional Planning Program
University of New Mexico
2414 Central Avenue, SE
Albuquerque, NM 87131
Phone: 505-277-7535
Fax::
E-mail:: tcordova@unm.edu
Olga Corey
939 26th'Street, NW
Washington, DC 20037
Phone: 202-337-3196
Fax::
E-mail::
Frank Coss
President
COTICAM
P.O. Box 1459
Manati, PR 00674
Phone: 787-884-0212
Fax:: .
E-mail::
Dori Costa
Environmental Engineer
SCM Chemicals
3901 Fort Armistead Road
Baltimore, MD 21226
Phone: 410-354-7886
Fax::
E-mail::
-------
NEJAC List of Participants
Baltimore, Maryland
PageS
..., Paul Cough
l!?S:.^r*»*V*± ! ;:'; US. Environmental Protection Agency
' *:f' :" • ' *f " 401 M Street, SW
=='!?':,•:":?• •' "• ";„ Washington. DC 20460 .
;;,,;:::;; ;;„;:;, ;;:,„,,;,,, ;;„;;;,„ ',;::;; Pjione: 202-260-8975
''™-:':::;""•!:'•!• '%"„' ' ,,. 7!"
i ,,,„, , ,„,,, E-mail::
Carl T. Custalow
..... Assistant .Chief ....... ' ...... .......................... ..............
Mattaponi Indian Reservation
Route 2, ...... BOX 240 ........................................
West Point, VA 23181
Phone: 804-769:4508
' ' "
E-mail::
in in i in i
';; i;;;; ; Victoria Cox Shelley Davis
*"'-.^, National Legislative Coordinator i Co-Director
The Environmental Justice Working Group Farmworker Justice Fund
fpW-.Ell J!I;1;619 G Street. SE "" " """ *W 19tfi Street 3w™Su!te 1000
:?'!!!*:;"!'*™™ !*: Washington, DC 20BW ' "''' ' "" """ Washington*.' DC 20036
Phone: 202-544-7388 ' Phone: 202-776^1757; ' '• •
Fax." Fax-
E-mail:; E-mail:: sdavis@nclr.org
:l!ii! ilK t;' I iSIr i is 1 I" !>•!, '.X<; „ • HttlWr •' •'•• i,< .1*: •'«! ; '.', IllllK, ;.1. : i::„: ;l:i:'"i!«• *•, ;f ( ", (•'. !t •; ' Si1.' ;l -i* a,'". w:" 'ft." > ;:, r, (,:,; 'fi ; :•; liE-f!1 !!( :"i an:1;* /')', ,:s«niii,:,:,:,i WI-A •• ;-i - *»' -xnm ~ > i w ,i j • 11 it (i
iiiiFBiiiri.,;, itr,-. i'ii',,. Dtltei, R,C:fptf|e_y ' Katherine Dawes ' ' - '
" Office of Solid Waste and Emergency Response
l CltyVc'oiinty Management'Associatioh U'.3."EnvTrohrnehtel Protection "Agency
HZ Msrth Capitol Street, NE, Suite 500 401 M Street, SW(MC 5101)
, ;,::;., ;;;::,;;;„ VVashipgton, DC 20002 Washington/DC 20460 '
:::":>:'::':~H::;;",'.,": fftone:, 202:962-366^ ', , : „', „, /^9^?:. 2,o2:26g;8394 ; , ;
'.:"; ="::":-":":: "";:::' •'.;:Fix;:" " "'' " "~'. ~"~".'".". ' ".". '.. '. "' "," ' "" ,' ' "."Fax:: '"'"'" ~" '"""' " ,.''.' ..' " ',',' '"' ,''',' ""'. "... ,""'.'
i E-mail:: dcrawley@icma.org E-mail:: dawes.katherine@epamail.epa.gov
i
IfiBi'i'tffil'ii'.iiiW.'Vjr^ _. _ . I , i
'£SK :\Sii»MSt 7'"^y CrumPton Diane Dennis-Flagler
Center for the Study of Science in Society U.S. Environmental Protection Agency
imm *lf r!: Virginia teen 77 West Jackson (MC G9J)
• • '.'^™""-» "'"'SM.LaneHall Chicago, IL 60604'
Blacicsburg, VA 24061-6127 'Phone: 312-886-4012
Pftone; 540-951-5254 Fax::
Fax," E-mail:: dennis.flagler.diane@epamail.epa.gov
--1—::""' •"-''•";—":-&/na//.~ .
Mona Diaz
Wally Cummins Civil Rights Division
Partner Cbdrdlhatib'ti and Review Section
Hi niBl ' I ', "tl I1 ll'ii " !!J. "S111!" * '"'J ]; "" »i!l'".£J r « h T' • T, II. ,'l M,i ',' , , ,,; „ " ,i, •' I,, ,;,„ r , v,.",^,,,;,. -hwil , ™ , ,11 - ,,i|«,,,,j rf '„„ , ,,»l , „ , • '„ ,,, , :
Cummins & Brown U.S. Department of Justice
7006 Carroll Avenue P.O. Box 66560
Takorna Park. MD 20912 Washington, DC 20035-6560
'^].':":l^l=^ Phone: 301-270-3887 Phone: 202-305-2119 '
:;| |E i; f ;,;,!:ji";,! ,|i" ;|ii; ' Fax?. Fax"
Ijliiiiiii v^j,;:' 'ifli ; E-mail:: helppro@us.net E-mail::
[f!S!C*f.: IJ^nCu,Pn^9ham
U.S. Environmental Protection Agency
401 M Street; SW
Washington, DC 20460
Pllpne: 703-603-8708
Fax."
E-mail:: cunningham.john@epamail.epa.gov
Paul Cusamano
Program" Associate
John Snow,,, R&T
•| ei 6 iqort
Arlington. VA 22901
.............
Eleanor Dixon-Terry
Community Outreach and Risk Communication
Chemical Manufacturers Association
1300 Wilson Boulevard
Arlington, VA 22209
Phone: 703-741-5213
Fax::
E-mail:: eleanor dixon-terry@mail.cmahq.com
Fax."
E-mail:: paul.cusamano@epamail.epa.gov
IN
-------
NEJAC List of Participants
Baltimore, Maryland
Page 7
Michael Dorsey
Ph.D Candidate
Johns Hopkins University
404 Macaulay Hall
Baltimore, MD 21218
Phone: 410-235-5570
Fax-
E-mail:: mkdorsey@jhu.edu
Richard Drury
Staff Attorney
Communities for a Better Environment
500 Howard Street
San Francisco, CA 94105
Phone: 415-243-8373
Fax-
E-mail:: cbelegal@igc.apc.org
John Dyer
Interim Director
Hauderosaunee Environmental Task Force
1001 East Genesee Street
Chittenaigo, NM 13037
Phone: 315-687-6945
Fax-
E-mail:: jldyer@syr.edu
James Edward
Deputy Director
U.S. Environmental Protection Agency
401 M Street, SW (MC 2261A)
Washington, DC 20460
Phone: 202-564-2462
Fax-
E-mail:: edward.james@epamail.epa.gov
Donald Elisburg
Consultant
Donald Elisburg Law Office
11713 Rosalinda Drive
Potomac, MD 20854-3531
Phone: 301-299-2290
Fax-
E-mail:: delisbur@dc.infi.net
Rodney Elliott
Region I
U.S. Environmental Protection Agency
One Congress Street, 10th Floor
Boston, MA 02203
Phone: 617-565-9454
Fax-
E-mail:: elliott.rodney@epamail.epa.gov
Mary R. English
Associate Director
Energy Environmental Resources Center
University of Tennesee
600 Henley Street, Suite 311
Knoxville.TN 37996-0434
Phone: 423-974-3825
Fax::
E-mailr. menglish@utk.edu
Elisabeth Evans
Director
Region VIII
U.S. Environmental Protection Agency
999 18th Street, Suite 500
Denver, CO 80202
Phone: 303-312-6053
Fax-
E-mail:: evans.elisabeth@epamail.epa.gov
Samantha Fairchild
Region III
U.S. Environmental Protection Agency
841 Chestnut Street
Philadelphia, PA 19107
Phone: 215-566-2627
Fax-
E-mail:: fairchild.samantha@epamail.epa.gov
Robert Faithful IV
Special Assistant to the Deputy Director
National Park Service
U.S. Department of Interior
Main Interior, Building 6 (MS 2340)
Washington, DC 20240
Phone: 202-208-7555
Fax-
E-mail::
Denise Ferguson-Southard
Legal Counsel
Office of the Attorney General
State of Maryland
2500 Broening Highway
Baltimore, MD 21224
'Phone: 410-631-3053
Fax-
E-mail::
Deeohn Ferris
Executive Director
Washington Office on Environmental Justice
1511 K Street, NW, Suite 1026
Washington, DC 20005
Phone: 202-637-2467
Fax::
E-mail:: woej@igc.apc.org
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in nil 1111 inn n i n i n 11
iiiiliii i
NEJAC List of Participants
Baltimore, Maryland
Page 8
Timothy Fields
Office of Solid Waste and Emergency Response
U.S. Envirgnrngntal Protection, Agency
^^ ^,,__—— — —
Washington, DC 20460
Pftone: 202-260-4610
Fax:: a „
E-mail:: fields.timothy@epamail.epa.gov
ni n
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Delta Figueroa
Nationwide Latino Activities Program Coordinator
Office of Pesticide Programs
U.S. Environmental Protection Agency
401 M Street, SW (MC 7506C)
•':'' y^ghjp,^; DC ........ 20460
Phone: 703-305-7666
:: figueroa.delta@epamail.epa.gov
Angela Fitzgerald
Environmental Justice Coordinator
U.S. Environmental Protection Agency
:: ,,,:,; aozi ..... M street, sw CMC 2442A)
' --li, Washington, DC 20460
~Phj}fie: ........ 202-564-1018
E-mail" fitzgerald.angela@epamail.epa.gov
II 1,1;, ,.11111 ill ........... |, ;,|,,,, ,1114111, |'!H| i, I
.
111!;;;,!; \
•• f-m
, ,i Renita , Ford [[[ [[[ ,
Associate Attorney" ' ' ™~" ' ' ' '
Sierra Club Legal Defense Fund
1 625 Massachusetts, Aj/enue,, N W, i Suite ..... 702
Washington, DC 20036 ..... ' "
Phone: 202-667-4500 r . „ ........ ,,1:I ...... „ , ........ a ,, , , , „, ii;! ,, , ..... ,
* wX»* ....................... ..... ......................................... , „,, .......... .,,,, ...... ,,,
—. .. . tf^~^- ....................... ......
E-mail:: scldf@igc.apc.org
iiii ii ii ..... i 1 1 1 ' 1 1 ..... , * •; ••' 'tsji1!-' I;' ; ;:?> ..... % ifySi " S ' ;,;, :!i '
Chris Foreman i|ivv ...................... i ........ ,_ ................. ..... ..,.,,,., ,,, ................ ........
Senior Fellow ' ....................
Brookings Institution
1775 Massachusetts Avenue, NW
Washington, DC 20036
Phone: 202-7,97-6087
Fax":: ........................................... .........................................
E-mail:: cforeman@brook.edu
Catherine Fox
Environmental Scientist
Office of Enforcement and Compliance Assurance
U.S.,Environmental P£gjection,,,Agency,
,."'401 M'Streeti SW (MC 2222A)
Washington, DC 20460
Phone: 202-564-4299 '. ,,
Fax". I"
E-mail:: fox.catherine@epa mail.epa.gov
in iiiiii i ( i|
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I 11 i i11 lllllil
1 il ' Ullliii,
........ I-
Jim Fuller
Soil Conservationist
U.S. Department of Agriculture
10715 Tyrone Drive
Upper Marlboro, MD 20772
Phone: 202-690-0851
Fax::
„. E-mail::
Paula Gambarani
Intern
U.S. Environmental Protection Agency
401 M Street, SW
Washington, DC 20460
Phone: 202-260-2959
Fax::
E-mail:: pgambara@indiana.edu
i n n i 11 i i
Louise Gant
PALAVER
4004 East Street, SE
Washington, DC 20019
Phone: 202-584-8394
Fax::
E-mail:: legant@igc.apc.org •
Linda Garczynski
Director
Office of Solid Waste and Emergency Response
Outreach and Special Projects Staff
U.S. Environmental Protection Agency
401 M Street, SW(MC5101)
Washington, DC 20460
Phone: 202-260-4039
......Faxr.
E-mail:: garczynski.linda@epamail.epa.gov
Office of Solid Waste and Emergency Response
U.S. Environmental Protection Agency
401 M Street, SW •
Washington, DC 20460
Phone: 202-260-4064
Fax::
E-mail:: gattuso.peter@epamail.epa.gov
Clarice Gaylord
Director
Office of Environmental Justice
U.S. Environmental Protection Agency
401 M Street, SW (MC 2201 A)
Washington, DC 20460
Phone: 202-564-2603
Fax::
E-mail:: gaylord.clarice@epamail.epa.gov
I-' | " |>' I'" I ......... II J'l
II | .||l,), ] |H llllil1 I Illlll,,] 1,1 11 Illlll1
'n HI i - i I'll1 ill
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-------
NEJAC List of Participants
Baltimore, Maryland
Page 9
Myles Glasgow
Attorney
NU Leopard
Washington, DC
Phone: 202-328-9572
Fax::
E-mail:: mglasgow@capaccess.org
Danny Gogal
Office of Environmental Justice
U.S. Environmental Protection Agency
401 M Street, SW (MC 2201A)
Washington, DC 20460
Phone: 202-564-2576
Fax::
E-mail:: gogal.danny@epamail.epa.gov
Renee Goins
Environmental Protection Specialist
Office of Environmental Justice
U.S. Environmental Protection Agency
401 M Street, SW (MC 2201 A)
Washington, DC 20460
Phone: 202-564-2598
Fax::
E-mail:: goins.renee@epamail.epa.gov
Rhonda Golder
Network Representative
Office of Enforcement and Compliance Assurance
U.S. Environmental Protection Agency
5576 Burnside Drive, #5
Rockville.MD 20853
Phone: 202-564-5088
Fax-
E-mail:: golder.rhonda@epamail.epa.gov
Tom Goldtooth
Indigenous Environmental Network
P.O. Box 485
Bemjidi, MN 56601
Phone: 218-751-4967
Fax::
E-mail:: ien@apc.ipc.org
Paula Gomez
Executive Director • . •
Brownsville Community Health Center
2137 East 22nd Street
Brownsville, TX 78521
Phone: 210-548-7473
Fax::
E-mail-
Ron Grandon
Editor
Pesticide and Toxic Chemical News
1101 Pennsylvania Avenue, SE
Washington, DC 20003
Phone: 202-544-1980
Fax::
E-mail::
David Hahn-Baker
President
Inside-Out Political Consultants, Inc.
440 Lincoln Parkway
Buffalo, NY 14216
Phone: 716-877-2004
Fax-
E-mail::
La Sonya Hall
Special Assistant to the Director
Office of International Programs and Public Health
National Institute of Environmental Health Sciences
31 Center Drive, MSC 2256
Building 31, BIC02
Bethesda, MD 20892
Phone: 301-496-3511
Fax-
E-mail:; hall2@niehs.nih.gov
Loren Hall
Office of Pollution Prevention and Toxics
U.S. Environmental Protection Agency
401 M Street, SW(MC 7408)
Washington, DC 20460
Phone: 202-260-3931
Fax::
E-mail:: hall.loren@epamail.epa.gov
Martin Halper
Senior Science Advisor
Office of Environmental Justice
U.S. Environmental Protection Agency
401 M Street, SW (MC 3103)
Washington, DC 20460
Phone: 202-564-2601
Fax-
E-mail:: halper.martin@epamail.epa.gov
Grover Hankins
Director
Thurgood Marshall School of Law
Environmental Justice Clinic
Texas Southern University
3100 Cleburne Avenue, Room 212
Houston; TX 77004
Phone: 713-313-7287
Fax-
E-mail:: ghankins@tsulaw.edu
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IK i P!i';«: 1:1
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i - -. :...... i _............. i.. - Page 10
"111! 1111111; M Jill Ill"'"
Hanlon
Deputy Director
Office of Science and Technology
Office of Water
U.S. Environmental Protection Agency
i In 11111111111 ii in n i n i nil iiiiiini i n in i ill Hill i i 0 „ /.
401 M Street, SW
Washington, DC 20460
Phone: 202-260-5400
SK '
Lucy Harrison
Executive Director, RN
American Indian Health Services
4880 Lawndale
1 J J «
E-mail" hanlon.james@epamail.epa.gov
James J. Hargett Jr.
Environmental Scientist
U,S. Environmental Prote2ion"§gericy
841 Chestnut Building "" '"'" ,
Philadelphia. PA 19107
Pftone: 215-566-3001
Fax." " "
E-mail." hargett.james@epamail.epa.gov
Joel Harris
Vice President and News Director
Freestate Information and Media Services
10111 Martin Luther King Highway
Baltimore, MD 21201
Phone; 301-306-5161
Fax;;
Detroit. Ml 48021 -
"Phone: 313-846^3718 '
"Fax:: •
E-mail::
i iiiiiiiiiliii"iiii' "' '.ill1' iiu/'i', I'll'11!!1 'iiij"'111 'ii'i'iii.'kii'ip} <"ii"i>".'.;iiiii '.' .in:1!1,,: !•• i>, ii i»' wii
Rose Harvell
Environmental Justice Cpgrdina|oi ' '
Office of Enforcement and Compliance Assurance
Office of Site Remediation Enforcement
U.S. Environmental Protection Agency
401 M Street, SW (MC 2273A)
Washington, DC 20460
Phone: 202-564:6056
'Fax:: ' i
E-mail:: harvell.rose@epamail.epa.gov
Hal'ilfi'iiluJ! \\\\\m .Jilllliiilliii,,' Oilllllll»,;!i,ili»: i...'"", ill t illHI
JB 1U iv'l'IIVffll; 'r"':!!1!
Racheal Harris
Free State Information and Media
Bethesda, MD
Phone: 301-306-5161
Fax."
ft^e^afc
illLtliifi: ': III III11II II II III III II I 111 ill II II I I
III''. Reginald Harris
|ijI;; Region III ^1111111 1,'Z!!™"',
'""I1'' Office of the Deputy Regional ^Administration
i''';"::'11; U.S. E'nvirqnmentaj'Protecfion^Agen^r
-""'• 841""Chestnut Building
Ph|l§j|elphia, PA 19107
:: Phone: 215-566-2988
.s!;li!!l'} Fax;:
E-mail:: harris.reginald@epamail.epa.gov
Melva J. Hayden
Environmental Justice Coordinator
Region II
U.S. Environmental Protection Agency
290 Broadway, 26th Floor
New York, NY 10007
Phone: 212-637-5027
Fax::
E-mail:: hayden.melva@epamail.epa.gov
Michael K. Heiman
Professor/Chair
Environmental Studies
Dickinson College
James Center .......... ; ....... , .................. ; ..... . ...... . .'
Cariisle, PA 17013
Pftne: 717-2451338
'
,, ,.
E-mal:: i , heirnan@cickinson.edu
•wSir*'!'™^'-'!!?.1' Terry Harris
Baltimore Group
iijil ijlliii'i J; ,ii!"!'"ii] i!!:™ ., i -J. »1 III I
wsf s'iwi'Ji'S™!'- Sierra Club
:i~:/:'::"::11'' ',',:::'", 107 Scott Street
•' •' • '""!" ' • ": Baltimore, MD 21201
----••'••" "•-• Phone: 410-625-0559
•~:~-::. :,:;„;: ::::: ': Fax::
E-mail:: terry.harris@jhuapl.edu
IP lilll'lll.i I LIHN'iliI !.' Hi.l III " ," '''. lllllllllllllJlir »'
Seth Heminway
Environmental Justice Coordinator
Office of Enforcement and Compliance Assurance
U.S. Environmental Protection Agency
401 M Street, SW(MC 2223A)
Washington, DC 20460
Phone: 202-564-7017
Fax:: ' \ \
E-mail:: heminway.seth@epamaii.epa.gov
Robert Herbert
Environmental Officer
Maryland State Housing and Urban Development Office
10 South Howard Street, 5th Floor
Baltimore, MD 21228
Phone: 410-962-2520
Fax:: 3053
£; mm • m «i l^
'!l'.!i'; ;-m
J1!"1:!'*:'ift-MBUB! .Ull-llli
-------
NEJAC List of Participants
Baltimore, Maryland
Page 11
Dolores Hen-era
Executive Director
Albuquerque San Jose Community Awareness Council,
Inc.
P.O. Box 12297
.Albuquerque, NM 87195-2297
Phone: 505-243-4837 ,
Fax::
E-mail:: sanjosecac@aol.com
Grace Hewed *
President
"Health Policy Group
807 West 40th Street
Chattanooga, TN 37410
Phone: 423-821-7286
Fax::
E-mail::
Ivie Higgins
Director . .
Public Interest Associates Program
Environmental Law Institute
1616 P Street, NW, Suite 200
Washington, DC 20036
Phone: 202-939-3859
Fax::
E-mail:: higgins@eli.org
"\ i
James D. Hill
Arizona State University
HC 62, Box 43513
Pinetop, AZ 85935
Phone: 602-965-7038
Fax:: ..' '
E-mail::
Pat Hill
Manager
Federal Regulatory Affairs
Georgia-Pacific Corp.
1875 Eye Street, NW \
Washington, DC 20006
Phone: 202-659-3600
Fax::
E-mail:: phill@eopac.com
Cheryl Hogue
Reporter
Daily Environment Report
1231 25th Street, NW
Washington, DC 20037
Phone: 202-452-4600
Fax::
E-mail::
Julie Howard
Public Outreach Manager
Tetra Tech, Inc.
5203 Leesburg Pike #900
Falls Church, VA 22041
Phone: 703-931-9301
Fax::
E-mail:: howardj@ttalex.corh
Eileen Hughes
Guild Communications
4309 Jefferson Street
Hyattsvilie, MD 20781
Phone: 301-384-9835
Fax::
E-mail:: ehughes274@aol.com
Susan Huke
Environmental Coordinator
Forest Service
U.S. Department of Agriculture
PO Box 96090
Washington, DC 20090-6090
Phone: 202-205-0837
Fax::
E-mail::
Carolyn Hunt
Presidential Management intern
National Institute of Environmental Health Sciences
31 Center Drive, Room BICO2, MSC 2256
Bethesda, MD 20892
Phone: 301-496-3511
Fax::
E-mail:: mh213u@nih.gov
Alexis Hunter
Contractor
SciComm, Inc.
4401 East West Highway, Suite 308
Bethesda, MD 20814
Phone: 301-718-9820
Fax::
E-mail:: ahunter@scicomm.com
Lawrence G. Hurst
Director-
Strategic Issues and Communications
Motorola, Inc.
8220 East Roosevelt (MD R3125)
Scottsdale, AZ 85257
Phone: 602-441-3210
Fax::
E-mail:: p26227@email.mot.com
-------
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NEJAC List of Participants
Baltimore, Maryland
Page 12
II llli'!:"!
111.,,!;!!! 'I1!1,
Valerita James
I-;, C^cfifiguration/Data Manager
Office of Solid Waste and Emgrgency Response
Office of Solid Waste
(J.S, Environmental Protection Agency
2011 Crystal Drive
,,,,, c^SIC^^ 22-193 -
Phone: 703-604-6217
Fax;: 392
E-mail::
i.;";" Ill III I I III II Mill 11 111 11 I I II I I I I III ^
Adriane Jemmott
Lillian Kawasaki
GeneralManager
Environmental Affairs Department
City of Los Angeles
201 North Figueroa, Suite 200
Los Angeles, CA 90012
213-580-1045
II 'llrlni'
,
, ___,„„
„;" 7QPJ CjfiglAvejju e '.
taRomaParki'MD1 20912'"
Phone: 301-270-3887
Fax::
E-mail" help@us.net
Cynthia Jennings
O.N.E./C.H.A.N.E
2065 Main Street
Hartford, Ct 06120
Phone: 860-233-3435
Faxr.
E-mail,", cynthia.jennings@snet.net
Karta Johnson
Environmental Justice Regional Team Manager
Region V
U.S. Environmental Protection Agency
77 West Jackson Boulevard (T-17)
Chicago, IL 60604
"
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'Fax;: ;
E-mail:: johnson.karia@epamail.epa.gov
i nil n nil inn n i n in i nnnnnii i
Evette L. Jones
. .CjyjIInvestigator
Region V
U.S. Environmental Protection Agency
77 West Jackson, SM-5J
Chicago, IL 60604
:! Phone: 312^353^9482;
Fax;:
E-mail:: jones.evette@epamail.epa.gov
iiiiiii i ,ii|i i * ii iiiiiiliiiii ii 11 i i ii
. nil i i I ii
Leslie Kaschak
U.Sj gnvirpnmentaj Erotection Agency
=::401 M Street, SW '. '„„
Washington, DC 20460'
Phpjiei 20275,64,5,123, ,,,,,, ,,,,„,,, ,,„„, ,„,„,,,,,„
•"Fax;: ' '
E-mail:: kasch§yes|j§@epamail.epa.gov
E-mail:: lkawasak@ead.ci.la.ca.us
Kevin Keaney
Office of Pesticide Programs
U.S. Envirgnrnentai Protection Agency
401 "W^"street, ""sw"(MC 7506C)
Washington, DC 20460
F>hone: 703-305-7666
Fax;;
E-mail:: keaney.kevin@eparnail.epa.gov
Heather Keith
Manager
State Issues
.Chemical Manufacturers Association
1300 Wilson Boulevard
Arlington, VA 22209
Phone: 703-741-5414
Fax;:
E-mail:: heather_keith@mail.cmahq.com
Joyce Kelly
Environmental Justice Program Manager
Region X
U.S. Environmental Protection Agency
1200 6th Avenue, 01-085
Seattle,, WA 98101
Phone:
Fax::
E-mail::
206-553-4029
kelly.joyce@epamail.epa.gov
Karin Marie Kendrick
Attorney
Kendrick And Associates
3814 Callaway Avenue
Baltirnore, MD 21215
•iiiiiiiiiiK ...... rif ......... s:11'"';."'';'!!:.: .....
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'iliijii:' -i'li1',;," i,,,;'!.
KS :iirBt)!,.i!,. |.K,'r;:1;:
Fax::
E-mail::
i n i i ij »„
Thomas J. Kennedy
Executive Director
Assoc. of State and Territorial Solid Waste Mgmt
Officials
444 North Capitol Street, NW, Suite 315
Washington, DC 20001
Phone: 202-624-5828
» i|1|if';''lv:'"lTi^j " ;i
; \.^if::E^mail:: swmtjk@sso.org
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NEJAC List of Participants
Baltimore, Maryland
Page 13
Marie Keshick
Tribal Assistant
Mattaponi Indian Reservation
202 Ben Nuis Place
Fredericksburg.'VA 22405
Phone: 804-769-4508
Fax:: ,
E-mail::
Marva King
Office of Environmental Justice
U.S. Environmental Protection Agency
401 M Street, SW (MC 2201 A)
Washington, DC 20460
Phone: 202-564-2599
Fax::
E-mail:: king.marva@epamail.epa.gov
Robert Knpx
Deputy Director
Office of Environmental Justice
U.S. Environmental Protection Agency
401 M Street, SW (MC 2201A)
Washington, DC 20460
Phone: 202-564-2604
Fax::
E-mail:: knox.robert@epamail.epa.gov
Shoshana Beth Konstant
Program Coordinator
Native Youth Alliance
1832 Park Road, NW
Washington, DC 20010
Phone: 202-234-8631
Fax::
E-mail:: nya@igc.org
Robin P. Lancaster
Attorney
Office of Regulatory Enforcement
U.S. Environmental Protection Agency
401 M Street," NW (MC 2245A)
Washington, DC 20460
Phone: 202-564-4172
Fax-
E-mail:: lancaster.robin@epamail.epa.gov
Dune Lankard
Spokesperson
Eyak Rainforest Preservation Fund •
P.O. Box 460
Cordova, AK 99574
Phone: 907-424-5890
Fax::
E-mail:: dune@redzone.org
Stanley Laskowski
Deputy Regional Administrator
Region III
U.S. Environmental Protection Agency
841 Chestnut Building
Philadelphia, PA 19107 -
Pftone: 215-566-2900
Fax-
E-mail:: laskowski.stanley@epamaiLepa.gov
Anne Lassiter
.Director
Office of Enforcement Capacity and Outreach
U.S. Environmental Protection Agency
401 M Street, SW
Washington, DC 20460
Phone: 202-564-2608
Fax-
E-mail:: lassiter.anne@epamail.epa.gov
Gretchen Latowsky
Project Manager
JSI Center for Environmental Health Studies
44 Famsworth Street
Boston, MA 02210
Phone: 617-482-9485
Fax;:
E-mail:: glatowsky@jsi.com
Richard Lazarus
Professor
Georgetown University Law Center
600 New Jersey Avenue, NW
Washington, DC 20001
Phone: 202-662-9129
Fax::
E-mail:: lazarusr@law.georgetown.edu
Charles Lee
Director of Environmental Justice
Commission for Racial Justice
United Church of Christ
475 Riverside Drive, 16th Floor
New York, NY 10015
.Phone: 212-870-2077
Fax::
E-mail:: 103001.2273@compuserve.com
Lily Lee
Special Assistant
Office of the'Administrator
U.S. Environmental Protection Agency
401 M Street, SW (MC 1101)
Washington, DC 20460
Phone: 202-260-4724
Fax::
E-mail:: lee.Iily@epamail.epa.gov
-------
. Uslpf£articjpante
Baltimore, Maryland
Page"'14
.Stsyejj ..... Lee .........................................
Director
The Heritage Museum
• Heritage Arboretum
4509 Prospect Circle
[[[ BafOfnoreTMD 21216
Phone: 410-664-6711
..................... Fax."
."." ..... E-mail".
\
Danielle Leonafd
Environment and Natural Resources Division
U.S. Department of Justice
" ...... "; ...... -' ::~ ...... ;:"" ;:":" ......... ' ""' '" 950 EwhsyfrahTa Avenue, ..... NW, Room 2133
iisi-i*1!™ ..... '•'•;' ••!•«•• ' ' -<;e Wphjpgton, DC 20530-0001
i wi':i will [[[
''.i
i; •*1<''1" «* ........ '•' I|II:H .......... ........ E-mail:: leonardd@justice.dpj.gov
Steve Livengood
[[[ Coordinator
uii .; .r;«s' ;;si ....... ,«; Envlro Power
ifKl -;! ...... if. p.o7Box 1890 ...... ""
pji^^f Si;iVVra§&iDs*9.n.'P.c.. 20013
'Will ..... ,;MiiiJi!RB 'ii; is; ffl 'i? Phone: 202-544-1 56§
'"jlllniligilljjjf.. v,!!!1 I,' .i!1!!!,}',; '"S, | 'Ij1!1 ,31111 :l: .'' ii '' ' ' llllllllllllllllliilllllllnlllllillirl1,,'.!'!,*, 1 Jii.il>lil ' s m • E-mail:: slivengood@iwa.org
"ii, '111 I!!:1 T" ,,!< t'inf i ,ii" iilUillll1!1 .1" I II ill II III I I III w ^^
'fjjj!!1,!^ „ 111 ill I III |l I I I I II ill I II II II lillllllil Mil I I I Mill I i
Ilililr
si*: ...... r ..... «*': »'»' " .......... 2343 Washington Street, 2nd Floor
^•IS^'i''^^^, 1^02119 ..........................................
: ..... "":":" ..... :;;;. ..... •;:; !~ Phone:
............... ............. . .................................. . Fax:: ' "
................................... ' ............ E-mail::
Dwayne T. London
Attorney
Office of General Counsel
U.S. Department of Energy
Washington, DC 20585
Phone: 202-586-6957
Fax::
E-mail", dwayne.london@hq.doe.gov
•II I II I II II I II I 11 III
Brigid Lowery
Region 111
U.S. Environmental Protection Agency
841 Chestnut Street (3PMOO)
Philadelphia, PA 19118
Phone: 215-566-2780
Fax::
E-njaiI:; lowery.brigid@epamail.epa.gov
David Lynch
Environmental Scientist
Office of Pollution Prevention and Toxics
Economics, Exposure and Technology Division
U.S. Environmental Protection Agency
401 M Street, SW (MC 7406)
Washington, DC 20460
Phone: 202-260-3911
Fax:: ^ : ', _ .
E-mail:: lynch.david@epamail.epa.gov
Kathleen MacKinnon
Environmental Education Specialist
Environmental Education Division
U.S. Environmental Protection Agency
' 401 'M' Street!iMSW (MC 1707) ' •'
Washington"! DC 20460 "
Phone: 202"38(R95;1
Fax::
E-mail:: mackinnon.kathleen@epamail.epa.gov
Dave Mahler
and Conservation
I I II
I'll I
i
'id IH
CpNDEA Vista Company
3441FairfieldRoad
ii• mill :,i"n+ii' iniiiiinnni«I'liinJiiiiini'iiii:UN HI n,i*,ijiiiiiiiiiiiii,,<• :\;j:i• nv1".- »'„•:•• •<'»
Baltimore, MD 21226 '
Phone: 410-354-5979
Fax::
E-mail::
Carol Marshall
Manager, Environmental Equity
Texas Natural Resources
Commission
P.O. Box 13087 (MC 108)
Austin, TX 78711
Phone: 512-239-3612
Fax::
E-mail:: camarsha
Cynthia Martin
Senior Program Developer
National Rural Community Assistance Program
602 South King Street, Suite 402
Leesburg, VA 20175
Pnone: 703-771-8636
Fax::
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NEJAC List of Participants
Baltimore, Maryland
Page 15
Hugh W. Martinez
Senior Attorney
Region I
U.S. Environmental Protection Agency
JFK Federal Building
Boston, MA 02203
Phone: 617-565-4526
Fax-
E-mail:: martinez.hugh@epamail.epa.gov
Zulene Mayfield
Chairperson :
Chester Residents Concerned For Quality Living
2731 West Third Street
Chester, PA 19013
Phone: 610-485-6683
Fax::
E-mail::
Andrew McBride
Director of Health and Medical Advisor
City of Stamford Health Department
888 Washington Boulevard
Stamford, CT 06901
Phone: 203-977-4396
Fax::
E-mail::
Mildred McClain
Executive Director
Citizens for Environmental Justice
P.O. Box 1841
Savannah, GA 31402
Phone: 912-233-0907
Fax::
E-mail::
James McDonald
Environmental Protection Specialist
Office of Enforcement and Compliance Assurance
U.S. Environmental Protection Agency
401 M Street, SW (MC 2201 A)
Washington, DC 20460
Phone: 202-564-4043
Fax-
E-mail:: mcdonald.james@epamail.epa. gov
Paul McLaughlin
Professor
Rutgers University
13698 Bent Tree Circle, Apt. 301
Centrevilie, VA 20121
Phone: 703-830-6850
Fax::
E-mail:: pmclaugh@andromeda.rutgers.edu
Augusto Medina
Project Manager
North American Association for Environmental
Education
1255 23rd Street, NW, Suite 400
Washington, DC 20037
Phone: 202-884-8788
Fax::
E-mail:: amedina@web.apc.org
Margo Meeks
Office of Environment and Compliance Assurance
Water Enforcement Division
U.S. Environmental Protection Agency
401 M Street, SW (MC 2243A)
Washington, DC 20460
Phone: 202-564-4058
Fax::
E-mail:: meeks.margo@epamail.epa.gov
Munir Meghjee
Staff Attorney
Sierra Club Legal Defense Fund
1631 Glenarm Place, Suite 300
Denver, CO 80202
Phone: 303-623-9466
Fax::
E-mail:: mehjee@aol.com
John Melone
Office of Pollution Prevention and Toxics
U.S. Environmental Protection Agency
401 M Street, SW
Washington, DC 20460
Phone: 202-260-1866
Fax::
E-mail:: melone.john@epamail.epa.gov
Josh Mendelsohn
Attorney
Civil Rights Division
Coordination and Review Section
U.S. Department of Justice
P.O. Box66560
Washington, DC 20035-6560
Phone: 202-307-9923
Fax::
E-mail::
Selena Mendy
Staff Attorney
Environmental Justice Project
Lawyer's Committee For Civil Rights Under the Law
1450 G Street, NW, Suite 400
Washington, DC 20005
Phone: 202-662-8332
Fax::
E-mail:: .
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NEJAC List of Participants
Baltimore, Maryland
Page 16"
Roxana Mero
' Program" Analyst .................................. ' ..... • ..........................
U.S. Environmental Protection Agency
401 M Strgst, SW (MC 5204G)
Washipgton, DC 20460
Phone: 703:603:9152,
"
E-mail:: rriero.roxana@epamail.epa.gov
IIIIIIII III III I
f (I '
,*,!». ,
lllllll mi IIIIIIII III
Sherry Milan
Office of Enforcement and Compliance Assurance
U.S. Environmental Protection Agency
401 ...... M-^hSSt, r§W.^(MC ..... 2201)
"Washington*, DC 20460
Phone: 202-564-2619
-Faxr. . ' .
E-mail." milan.sherry@epamail.epa.gov
...... I " . iiHlK ...... Pf ll'ill/'i ..... IK ** F !,i ..... l«|iflll'|4: Jr H .-SB ..... "W< ...... , ...... ........ !!:, ....... ;': ..... '!«!,& .......... ,'»& ' ' ......... , ............. , ..... , ,
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i
Linda ..... Moore [[[ .
Personnel Management Specialist
Animal and PJant Health Inspection Service
Civil Rights, Enforcement and Compliance
U.S. Department of Agriculture
4700 River Road
, Riverdale, MD 20737 .
Phone: 301-734^6139
Fax"
' "•"" .
E-mail::
Marcia Moore
Planning and Environmental Analyst
Bureau of Land Management/Interior
1849 C Street, NW (MS 302LS)
Washington, DC 20240 •
Phone: 202-452-5050
_ "i1. ....................... .'!.'' ....... .' ........ '"' ....... » ........ ......... " ................. .......... ......... !l ...... ' ........... " ..... -:l: ...... ! ' !J" '- .............. ' ......... ' ' '" ..... l:"!" '
Fax:: , •
E-maii~ [[[ '. .................... '• ......... ,. .........
i iiiiiiii
Executive Director
a ..... '"w" .......... * ............. '••• ...... Permits Impacts Team „ , Richard Moore
» ................ -i ....... •• ....... ' ............. «>',:/ U.S. Environmental Protection Agency ...................... Southwest Network ..... for. Environmental and Economic
289VWoodBHdge'' Avenue, (MS 100) [[[ - ..... Justice
'':=.L'~': ..... :j=d1ioh" ...... NJ ........ 08837-3679 ............................................. ' ............................ - .............. 117 Seventh, Street, NW
: ........... 90g:321,-6782 [[[ • ..................... Albuquerque, NM 87102
' Phone: 505-242-0416 [[[
E-mail:: miller.lancex@epamail.epa.gov Fax::
::• : , ::"""::: ,„"";"„:; : . r::11:.11;:::: I":,.™::™:: ": : . E-mail:: sneej@igc.org
r,I HI. I:,y§rlie;t>a Mlerl [[[
.......... . :•• ...... .. ........ . Director, ,,,,,,,,,, ...... ,,,,,,,,,,, ,„ ...... , , ,, ...... ,,,,„,,,_ ,, , Harold Morgan
" ..... " '— "' Env^ohrnentai Justice Initiative 1209 W, Lanvale Street
''!"1! JI ..... |r| i|l||||||< .' ..... igjlllll "i:"" ' ll|lllll!l!lliiiilllN!iil|i|i||l!l:..IP!llllli;ililWllh!i,iilllli!llilill!li^ 1 '
:':'. ~ ..NatjiralReigJJrcespefense Council _ Baltimore, MD 21217
« l!:!*: fiO SVest 20th" Street " Phone: 41 0-669-6608
Fax:: „ „,
, i ............. 212-727^4461 ............................................ ................................... ........................... ........................................ , E-mail:: hmorgan@smtp.aed.org
- ' ;;:1: \ ..... '• „, ',"; ";; ; f&jJL, " " ". '. ' I' ...... , ,,"'" ,""'"'' T' "., ,„ , ................. , ..... . , ... . ,. , ,„ ; ,;:i;,,,, ....... . ,. , ..... , , ..... ... ...... . t. ;, ,, . : ; , : ..... , , .. ,. ....... ;,,,: ...... ;,,,,•, ..... , ..... ;;. , . ....... • ;; ....... ,::,: ........ „ ...... =[ ; ...... s ..... ....... • ,;,;, ....... , ....... • ........ , ............... =. , .•; ......... : .. : .
T..iSBrW'Vl(4"tiiK||J5Sfif."." [[[ Karen Mnrlev
,1 ..... Jifi '('if , ;» ;i[[ "i (j7*~ i|Sj'«Ii i1 it i X'f : r* ..... !•• "fltfl, W > lllllll1' ' i-lrt l"»IS' ": * ..... Ill' i I''"'1"' li ...... '<•'•' Wiif (• ' : • s« ' " ' ''if ""ft':itf ..... it* •••. » " I "«! Hi '&' Sv&wiSc'S/^ [[[
f I ' |i i ,,-i i '•' li"! ! ..... Ill'itaflJ * « ...... ....... SM ; • if! i. j < ,!• iil . .......... MKf lt:M ..... Ill nffir.p nf Fnfnrrpmpnt and rnmnliannp AQCI iranrp
..... fim ;».,• iHii ...... ;<;*! j| i •Hwnwei^K ..... i ....... - ........ ...... J,* ::«B;fn4' h» ..... K-m\ ..... '•• ....... r ; . ...... i ....... KP"v f L» *). ",' ........... .1 ....... w i . i .: ...... ' ...... yniSS,9lEDKISsfflsDIar!vl.SrfPH"P»an(-e Mssurance
tl: 1 i't||"ii,'J'"SBOa ...... Minter,, .................... .„„„ ....................................... ,„„„ ........... ,,„ ........ ,„, ..... ......... ........ , ......... „,„,, ...... ..... , m ........ ........ ..... , ......... ...... „ , ,, ,,,,, ..... „. „„ „„„„„, ,,lir,,U,!S!,,,,EnYi,ro,DrnenM ProtectioaAgency
i^i:';;:-;;::v;:i:l!;=1\116rivirbnrnental Protection Specialist , 401 M Street, SW(MC 2271 A)
.I,"-1::,:: ....... i; ..... :i:z ..... .Ipffi^olFederaJ^FacJIjJies .................. ' ..... , , ........ ; .......... ,, ......... ...... , ,. ....... Washington, DC 20460
|» ................... Phone: 202-564-5132, ,
fil ........ Mltregt ..... SW (MC ..... 5101) [[[ Fax:: [[[
.™^,_.,._,^^ _g ~^— , E-mail:: .morley.karen@epamail.epa.gov
Phone: 202-260-6626 ;; ;;; ""2 ..... '.. ". ....... 'II '.I I ' ' .. '" I"1 ,1 1" " II ^ . I ...... I ^I'l ...... •. , ...................... • ................. : • .......... • . . ' .........
,} ..... Fax" , ' , Alta M. Morton ,...,'
te; ...... rninter.rn,irsh,a@epamail.epa.gov . Student ................................. •
' ...... • ..... '
. ™ , ...... , , „, . : ...... ™ ,,I,Iw§shington, DC 20012 '
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NEJAC List of Participants
Baltimore, Maryland
Page 17
Althea Moses
Program Manager
Region VII
U.S. Environmental Protection Agency
726 Minnesota Avenue
Kansas City, MO 66101
Phone: 913-551-7649
Fax::
E-mail:: moses.althea@epamail.epa.gov
Wesley Motley
Manager
Virginia Department of Environmental Quality
.629 East Main Street
P.O. Box 10009
Richmond, VA 23240-0009
Phone: 804-762-4365
Fax::
E-mail::
and Environmental
Earl Murphy
Chairperson
Economic Development
Performance
Community Partnership Program
3600 South Hanover Street
Baltomore, MD 21225
Phone: 410-354-2222
Fax::
E-mail::
Gail P. Myers
Research Consultant
Morehouse College
830 Westview Drive, SW
Atlanta, GA 30314
Phone: 404-681-2800
Fax:: 3380
E-mail:: gpmyers810@aol.com
Frank Myrick
Spirit Lake Nation
Fort Totten, ND
Phone: 701-766-4855 '
Fax::
E-mail:: .
Peter Neves
Program Coordination Team Leader
Office of Enforcement and Compliance Assurance
Office of Site Remediation Enforcement
U.S. Environmental Protection Agency
401 M Street, SW (MC 2273A)
Washington, DC 20460
Phone: 202-564-6072
Fax."
E-mail:: neves.peter@epamail.epa.gov
Mary O'Lone
Office of General Counsel
U.S. Environmental Protection Agency
401 M Street, SW (MC 2322)
Washington, DC 20460
Phone: 202-260-1487
Fax::
E-mail:: olone.mary@epamail.epa.gov
Quentin Pair
Office of Environmental Justice
U.S. Environmental Protection Agency
401 M Street, SW (MC 2201A)
Washington, DC 20460
Phone: 202-564-2569 •
Fax::
E-mail:: pair.quentin@epamail.epa.gov
Michael Palumbo
Fairfield Ecological Industrial Park Manager
Baltimore Development Corp.
36 South Charles Street
16th Floor
Baltimore, MD 21201
Phone: 410-837-9310
Fax:: 341
E-mail" mjpiii@aol.com
Kevin Parikh
Office of Civil Rights
U.S. Environmental Protection Agency
401 M Street, SW (MC 1201)
Washington, DC 20460
Phone: 202-260-4585
Fax::
E-mail:: parikh.kevin@epamail.epa.com
Shirley Pate
Office of Enforcement and Compliance Assurance
Office of Enforcement Capacity and Outreach
U.S. Environmental Protection Agency
401 M Street, SW (MC 2201 A)
Washington, DC 20460
Phone: 202-564-2607
Fax-
E-mail:: pate.shirley@epamail.epa.gov
Neil Patterson
Hardenosaunee Environmental Task Force
658 West Onondaga Street
Syracuse, NY 13210
Phone: 315-475-1170
Fax::
E-mail::
-------
Baltimore, Maryland
18
III'111 Hill I ll" 'ill
Marinelle Payton
Harvard Medical School
venue
Boston,, MA ........ 02115
...........................
Fax::
E-ma!L",
Gerald Prout
Director
Regulatory Affairs
FMC Corporation
1667 K Street, NW, Suite 500
Washington, DC 20036
Phone: 202-956-5209
E-mail:: jerry_prout@frnc.corn
Office of Enforcement and Compliance Assurance
IDEA Program RuthQuinn
U.§( EnvirPMOenJal Protection Agency Program Administrator
Street. SW Division of Environmental Health
DC 20460 • Baltimore City Health Department
202-564-2508 210 Guilfprd Avenue, 2nd Floor
: •- ''"'"' • ; •' ; '• Fax:: ' ' , " . Baltimore, MD 21202
E-mail." perry.lisa@epamail.epa.gov /3/70ne: 4IP:396^697p
i;:,:'—ii:,i:,:::';™,.:,::, ;.; .,,: |!',';!,' Fax::
'""""..\'_2""".''' ' "', ''G|nny Phillips E-mail::
*i*iit.i«ml.li.;itm Environmental Protection,, Specialist
U.S. Environmental Protection Agency Connie Raines '
'l^yff"'; 401 M Street, SW (MC 5303W) ' Region IV
fiBiJiifS I" II"!' Washington, DC 20460 " U.S. Environmental Protection Agency
!» Phone: 703-308-8761 100 Alabama Street, SW
Atlanta, GA 30303
ira/fc phillips.ginny@epamail.epa.gov P^one: 404-562-9671
Nathan Phillips E-mail:: raines.connie@epamail.epa.gov
, ,,,, j ,,,„.,•„ Executive Director . • , . • . , •
'::.= ,.; :::;:,:; .-::= Native Youth Alliance , Rosa Hilda Ramos
*S^:;1* "I!! ::3832PaK',Road^ NW | CUCCO Community of Catano Against Pollution
Washington, ...DC 200.1.0 La Marina Avenue
(j^,S!f§^'^r^/ffe-ISS?, ,|92:??4:§S1 ,,,,., , ,..« ,»< • .1 • - -• « « • <• Mf 6, Marina Bahia
1*™' ^,™ B~'i,caVZ!!!ir.!.".".'",!"'",','!' Catano, PR 00962
""—•jii'iH'ivE^&maff::^nya@jgc.org „ Phone: 787-788-0837 . •.
™~ | "'„,', i ,„ i •. v,':,! ', Fax::
„:— .':,;•;...;: ;;. ,Pjmjla,,4,,,.,Philli.ps E-mail:: rosah@coqui.net.
:;iniiiu.,.', "I-""', I !=',' j\|gpA Reviewer , , .,,,,,
U.S. Environmental Protection Agency Michael Randolph
AW*'". Wft>fiS 841 Chestnut Street (MC 3EP30) ' Northwest Baltimore Corporation
Philadelphia, PA 19107 3702 West Roger Avenue
i;!!?',;/!'1 !i:i (• vy;i:. Phone: 215-566-2724 : Baltimore, MD 21217
.'fl'S-ir i'MJX'StSl ,F5Xi; , ,;,;,:,„;„,;„...,„;,,.,„;,.„;; ;:;„;;,; ,; ;-. -• . I , .:. = :. I,' ,,." :' PhOnB'. 410-542-6610
E-mail:; phillips.pamela@epamail.epa.gov Fax::
.. ini^. _'_'.. E-mail:: , , '
Janet Phoenix t . , • , , :„ •
.«. ""v:i,* -L U Manager' " Arthur Ray
^*'^,^'j1'-™ Pub!ic.yi§§!!!l3 ErPSE?,!71? Deputy Director
f!™'1*;.^1™"--^" "'l^ationai Lead Informatipn Center Maryland Department of the Environment
ffjj(- !i;S*V^» -1019 19th Street, NW 2500 Brpening Highway
^asij3Jpgton, DC 20036-5105 Baltimore, MD 21224
ffione: 202-974-2474 Phone: 410-631-3086
- ---:;":;""::;" : ' ' : "Fax:: : , • . , Fax::.
E-mail:: ehc.@cais.com E-mail:: aray@charm.net
J ...If. • ,.;.,.; ( ; | ,.(!.' •',,,!" J ' ,' .' ' ", 'Ill • I:. '. U (• I I I I I I I '
-------
NEJAC List of Participants
Baltimore, Maryland
Page 19
Doretta Reaves
Environmental Justice Coordinator
Public Liason Division
U.S. Environmental Protection Agency
401 M Street, SW (MC 1702)
Washington, DC 29595
Phone: 202-260-3534
Fax::
E-mail:: reaves.doretta@epamail.epa.gov
Brooke Leigh Robel
Project Manager
International City/County Management Association
777 North Capitol Street, NE, Suite 500
Washington, DC 20002
Phone: 202-962-3582 .
Fax-
E-mail:: brobel@icma.org
William Roberts
President
Environmental Technologies and Solutions
27 R Street, NW
Washington, DC 20001
Phone: 202-265-1795
Fax::
E-mail::
Milton Robinson
Attorney-Advisor
Office of Enforcement and Compliance Assurance
U.S. Environmental Protection Agency
401 M Street, SW (MC 2232A)
Washington, DC 20460
Phone: 202-564-2538.
Fax:: ~ ,
E-mail:: robinson.milton@epamail.epa.gov
Julio Rodriguez
Director
Finance Committee
COTICAM
P.O. Box 1459
Manati, PR 00674
Phone: 787-884-0212
Fax::
E-mail::
Martha Roesler
Intern
Sierra Club Legal Defense Fund
1625 Massachusetts Avenue, NW
Washington, DC 20036
Phone: 202-667-4500
Fax::
E-mail:: mroesler@indiana.edu
Mary Rosemond
President
Alliance of Rosemont Community Organization, Inc.
1422 North Rosedale Street
Baltimore, MD 21216
Phone: 410-947-3196
Fax-
E-mail::
John Rosen
Professor
Albert Einstein College of Medicine ;
111 East Zion Street
Bronx, NY 10467
Phone: 718-920-5016.
Fax-
E-mail:: rosenj@aol.com
Linda Safley
Executive Director
Environmental Crisis Center
1936 East 30th Street
Baltimore, MD 21208
Phone: 410-235-5877
Fax-
E-mail::
Peggy Saika
Asian Pacific Environmental Network
1221 Preservation Parkway, 2nd Floor
Oakland, CA 94612
Phone: 510-834-8920
Fax::
E-mail:: apen@igc.org
Lee Salamone
Manager
Chemical Manufacturers Association
1300 Wilson Boulevard
Arlington, VA 22209
Phone: 703-741-5212
Fax-
E-mail:: . leesalamone@mail.cmahq.com
Sherry Salway-BIack
First Nations Development Institute
Oglala Lakota Tribe
11917 Main Street
Fredericksburg, VA 22405
Phone: 540-371-5615
Fax::
E-mail:: ssblack@firstnations.org
-------
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Baltimore, Maryland
Page 20
ill L*¥l^!?ii;™1f'l?'^M^*y>''^^V*^ii^i:!LAw-'il '$"$. i1)1*^?'1'*!:!''5;* ;*ni^^^
^.B&sgJS.SattLeiL,' ^,'~,,,,, '„ „' „ „ „ ~'.'.,,, '^,~ , , „,, :i,,. ,., , Ms!Hgl Shannop.
Director \ ; • National, Association of Minority Contractors
Environmental Health Education Center 1333 F Street, NW, Suite 500
illll I'llilli!!' >i'i i I "illlPiPTIiii'S1'!:"1":;:!!!'!:!!!!1 .1,1
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University of Maryland at Baltimore
28 East Ostend Street, 2nd Floor
Baltimore, MD 20785
Phone: 410-706-1849
«*•" , :".
E-mail", bsattler@ehec.umab.edu
JackSchad
Chemist ;
U.S. Environmental Protection Agency
Ariel Rios Building, Room 3148A, (MC 2248A)
Washington,DC20460
Phone: 201^56443034
Fax."
E-mail:: j.schad@epamail.epa.gov
Ann Schenning
Representative \
Community Planning jnd, .Development '
U.S. Department of 'Housing[andUrban Development
10 South Howard Street iinriiri : , ,,, - ri i ^
..C^ Crescent Building ''
Washington, DC 20004
Phone: 202-347-8259
E-mail::
Lenny Siegel
.""-'..".-:;,;,, •;:.-,;.;" Director
diesCenter,
Mountain View, CA 94041
Phone: 415-961-8918
Fax:: [ ; ' ;_' ^
E-mail:: ,lsiegeJ@igc.org
Bill Simmons
International Indian Treaty Council
54 Mint Street, Suite 400
San p^pgjg^Q^ £A 94103
Phone: 415-512-1501
Fax':: [
E-mail::
:;': iijii! ,'i ax;: 309 ,
.!'f^na/lf.*: ann mJschennirig@nud^gov
BobSchuda
U.S, Coast Guard
2100 second street,' SW'
Washington, DC 20543
Phone: 202-267-6005
Fax."
Office of Regulatory Enforcement
U.S. Environmental Protection Agency
401 M Street, SW (MC 2245A)
Washington, DC 20460
Phone: 202-564-4048
..Fax:: [ \ ;,
E-mail:: sims.patricia@epamaiJ.epa.gov
~ MB J.IT "'Sfl"." i Ill
liK'iiiidii
Community Planning and Development
U.S. Department of Housing and Urban Development
451 Seventh Street, SW, Room 7248
Washington, DC 20410
Phone: 202-708-0614
Fax." 4458
E-mail::
JonSesso s ,, „
Planning Director
BuUe-Silver Bow Planning Board
155 West Granite Street
Butte, MT 59701
Phone; 406-723-8262
Fax."
E-mail-
iniini IN in n i in i i
DarleneSmith
Associate Editor
: .^.^p'erfu'nd'Riipbrt ' "_
1225 Jefferson Davis Highway, Suite 1400
I Arlington, VA 22202
.. Phone:
Fax::
E-mail::
Linda Smith
Office of Environmental Justice
U.S. Environmental Protection Agency
401 M Street, SW (MC 2201 A)
Washington, DC 20460
.P^ong:,,, 2^2-5,6^26.02
""Fax:: ' " ' "' ' "" '" '
E-mail:: smith.linda@epamaii.epa.gov
P
iiiii
-------
NEJAC List of Participants
Baltimore, Maryland
Page 21
Leanne Smith Nurse
Public Affairs Specialist
Region III
U.S. Environmental Protection Agency
841 Chestnut Building
Philadelphia, PA 19107-4431
Phone: 215-566-5547
Fax::
E-mail:: nurse.leanne@epamail.epa.gov
Ricardo Soto-Lopez
Environmental Justice Network
Puerto Rico-Northeast
286 Fifth Avenue, Third Floor
New York, NY 10001-4512
Phone: 212-564-1075
Fax::
E-mail::
Mathy Stanislaus
Envirc-Sciences; Inc.
199 Arlington Place
Staten Island, NY 10303
Phone: 201-398-8183
Fax:: 1246
E-mail::
Janice Stevens
Office of Environmental Services
Sac and Fox Nation
Route 2, Box 246
Stroud, OK 74079
Phone: 918-968-2583
Fax:: .
E-nlail::
Charles Stringer
Assistant Tribal Attorney
White Mountain Apache Tribe
P.O. Box 700
Whiteriver, AZ 85941
Phone: 520-338-4346
Fax::
E-mail::
Lindley Swanston
State Board of Environmental Sanitarian Reg.
P.O. Box 896
Silver Spring, MD 20918 '
Phone: 301-434-0748
Fax::
E-mail::
Harry Takai
Compliance Manager,
External Civil Rights Compliance and .Outreach
Programs
U.S. Coast Guard
2100 Second Street, SW
Washington, DC 20593-0001
Phone: 202-267-6024
Fax::
E-mail:: ,:
Pamela Tau Lee
University of California
LOHP
Center for Occupational and Environmental Health
2515 Channing Way
2nd Floor
Berkeley, CA 94720-5120
Phone: 510-643-7594
Fax::
E-mail:: ptlee@uclink4.berkeley.edu
Michael Taylor
Vice President
American Society for Testing and Materials
569 Mai Street
Mo.nroe, CT 06470
Phone: 203-261-2673
Fax::
E-mail:: taylorm@pcnet.com
James L. Thompson Jr.
Region III
Office of Criminal Enforcement
U.S. Environmental Protection Agency
841 Chestnut Bulling
Philadelphia, PA 19107
Phone: 215-566-2374
Fax::
E-mail::
Jim Thompson
Resource Conservation and Recovery Act Enforcement
Division
U.S. Environmental Protection Agency
401 M Street, SW (MC 2246)
Washington, DC 20460
Phone: 202-564-4024
Fax::
E-mail:: thompson.jamesa@epamail.epa.gov
Mervyn Tilden
Sovereign Dineh Nation
P.O. Box 2889
Window Rock, AZ 86515
Phone: 505-371-5551
Fax::
E-mail:: dineh@primenet.com
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NEJAC List of Participants
Baltimore, Maryland
Page 22 '
Yolanda Ting
^:TffiaSra55ftai scientist [[[
;:; : ,Qiigg:fi| :§2id,,Wjste and .Emergency Response
HU ........ U ...... SUBS*. sw [[[
ijl, WjsMngton, DC 20460 ;
Phone: 703-603-8835
Fax."
." ting.yolanda@epamail.epa.gov
Corrine Tooshkenig
Community Advocate
Walpole Island
' i RR3_ Bkejewanong
MillaceJbu" rg'i'Gnt
;••,,=•' Walpole Island, W8A4K9
Henry Topper
Office of Pollution Prevention and Toxics
Baltimore Partnership Project
U,S. Environmental Protection Agency
401 M Streeta SW (MC 7408)
Wishfhgton.DC 20460
Phone: 202-260-6750
Fax."
E-mail:: topper.henry@epamail.epa.gov
Arthur Totten .
Environmental Protection Specialist
Office of Einfgrcjmentii-andii Compliance Assurance
U.S. Environmental Protection Agency
401 M Street, SW (MC 2252AR)
Washington, DC 20460
Phone: 202-56fc7|§l
fax;; : , •
E-mail." totten.arthur@epamail.epa.gov
Richard Trinidad
Assodate Director
Office of Enforcement and Compliance Assurance
U.S. Environmental Protection Agency
401 M Street
Washington, DC 20460
Phone: 202-564-2523 '",.",":
Fax."
E-mail:: trinldad.richard@epamail.epa.gov
Hay wood Turrentine
Laborers International Union of North America
4221 Chace Lake Fairway
Hoover, AL 35244
Phone: 205-985-9579
Fax."
E-mail."
Alex Varela
Office of Environmental Justice
U.S. Environmental Protection Agency
401 M Street, SW (MC 3103)
Washington, DC 20460
Phone:' 202-564-2597
Fax::
E-mailr. varela.alex@epamail.epa.gov
Jane Vass
Health Educator
American Indian Health & Family Services of SE
Michigan
4880 Lawndale
Detroit, Ml 48210
Phone: 313-846-3718
Fax::
E-mail;: dazyjane@aol.com
Magda Lee Vazquez
Departmental Office of Civil Rights
U.S. Department of Transportation
400 Seventh Street, SW, Room 9201
Washington, DC 20590
Phone: 202-366-4037
Fax::
E-mailr. magda.vazquez@ost.dot.gov
Baldemar Velasquez
President
Farm Labor Organizing Committee
507 South St. Clair Street
Toledo, OH 43602
Phone: 419-243-3456
Fax::
E-mail::
Rory E. Verrett
Legislative Trade Counsel
Office of Representative William J. Jefferson
U.S. House of Representatives
240 Cannon Building
Washington, DC 20515
Phone:
Fax::
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NEJAC List of Participants
Baltimore, Maryland
Page 23
Alice Walker
Community Activist
DC Ward 5
3516-28th Street, NE
Washington, DC 20018
Phone: 202-269-3343
Fax::
E-mail::
Linda R. Watson
Information Specialist
National Lead Information Center
1019 19th Street, NW
Suite 401
Washington, DC 20036
Phone:
Fax-
E-mail::
Max Weintraub
Information Specialist '
National Lead Information Center
1019 19th Street, NW, Suite 401
Washington, DC 20036
Pftone: 202-293-2270
Fax:: 934
E-mail::
Suzanne Wells
Director
Office of Emergency and Remedial Response
Community Involvement and Outreach Center
U.S. Environmental Protection Agency
401 M Street, SW (MC 5201G)
Washington, DC 20460
Phone: 703-603-8863
Fax-
E-mail:: wells.suzanne@epamail.epa.gov
Damon Whitehead
Associate Attorney
Sierra Club Legal Defense Fund
1625 Massachusetts Avenue, NW, Suite 702
Washington, DC 20036-2212
Phone: 202-667-4500
Fax-
E-mail:: scdlf@igc.org
Michelle Whitehead
Environmental Protection Specialist
Office of Environmental Justice
U.S. Environmental Protection Agency
401 M Street, SW (MC 2201A)
Washington, DC 20460
Phone: 202-564-4287
Fax::
E-mail:: whitehead.michelle@epamail.epa.gov
Melissa Whitmill
Environmental Engineer
Pollution Prevention Program
Maryland Department of the Environment
2500 Broening Highway
Baltimore, MD 21224
Phone: 410-631-3772
Fax::
E-mail::
Janice Whitney
Attorney Advisor
Indigenous Program.
U.S. Environmental Protection Agency, Region II
290 Broadway
New York, NY 10015
Phone: 212-637-3790
Fax:: .
E-mail:: whitney.janice@epamail.epa.gov
Kery Wilkie
Public Policy Analyst
Department of Public Policy and Research
National Puerto Rican Coalition, Inc.
1700 K Street, Suite 500
Washington, DC 20006
Phone: 202-223-3915
Fax:: 23
E-mail:: kwilkie1@aol.com
AminaWilkins
Environmental Scientist
Office of Research and Development
ORD National Center for Environmental Assessment
U.S. Environmental Protection Agency
401 M Street, SW (MC 8623)
Washington, DC 20460
Pftone: 202-260-5056
Fax-
E-mail:: wilkins.amy@epamail.epa.gov
Christian Willauer
MIT Project on Community Involvement at Superfund
Sites
M(T Room E40-239
Cambridge, MA 02139
Phone: 617-253-1632
Fax::
E-mail:: willauer@mit.edu
Brenda Williams
Program Analyst
Office of Enforcement and Compliance Assurance
U.S. Environmental Protection Agency
401 M Street, SW (MC 2271A)
Wahington, DC 20460
Phone: 202-564-4291
Fax-
E-mail" williams.brenda@epamail.epa.gov
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Baltimore, Maryland
Page 24
Madeline Williams
/
National Association of Black Environmentalists
999 18th Street, Suite 2750
Denver, CO 80202
'Phone: 303-297-3048
fax;; [[[ ; ..... ; ...........................
E-mail:: madeline@ucar.edu
Roderick C.Wills
President and CEO
Free State Information and Media Services
10111 Martin Luther king Highway
Bowie, MD 20720
Phone: 301-306-5156
Fax::
in in i 11 in
IIP" IiiiI
Trac_ey Woodruff
Senior Scientist
licy, Planning, and Evaluation
. ..... DC '20460
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:e,L Wright
Enviranrnental Analyst
y^-g^Ynxirnehlial pfotectjon Agehcyi Region IV
100 Alabama Street
Atlanta, GA 30303
"Fax::
E-mail:: wright.edward@epamail.epa.gov
Laura Yoshii
'Plgcfpr ,
';: ;: Region IX '
Cross Media Division
iXS. Environmental Protection Agency
75 Hawthorne Street
San Francisco, CA 94105
Phone: 415-744-1730
II Fill- I!" if I
m
lisa*; i>. ...... f"
E-mail:: yoshii.laura@epamail.epa.gov
Barbara Yuhas
^Se^jor Project Manager
ll,r:i}|i E,r|v|ro;jjijT|entaj programs
i:!!:,; (nlematSonaf1 City/County Management Association
'' ' 777"Wortri C'Apitol Street, NE, Suite 500
Washington, DC 20002
'Phone:" 202-962-3539
Fax;; \
E-mail:: byuhas@icrna.org
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-------
Public Comment Period
Handouts
-------
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"l " ' 1 " 1 l" 1 • ' ' " ' 1 ' "" ' ' ' 1 11' ' ' ll i 1
-------
Handouts Distributed During the Public Comment Period
of the National Environmental Justice Advisory Council (NEJAC)
December 10 and 11,1996
PC- 1 Memorandum from Grace Hewell, Ed.D to the National Environmental Justice Advisory Council
concerning "Next Meeting: Potential Location Invitation." November 11,1996.
PC- 2 Environmental Justice Task Force Fact Sheet.
PC- 3 Environmental Justice Information Center Presentation.
PC- 4 "Testimony of Michael K. Dorsey to the National Environmental Justice Advisory Council."
Michael K. Dorsey, December 9, 1996. ,
PC- 5 Memorandum from Lily Lee, U.S. EPA, Office of the Administrator to Diane Bazzle concerning
"Comments in Environmental Education Audit Report." November 25, 1996.
PC- 6 "Report of Audit: Environmental Education - Mixed Results at EPA (Audit Report Number
EIXMF5-13-0076-6100301)." U.S. EPA Office of Inspector General,
September 30,1996.
PC- 7 Memorandum from Coalition for Justice in Environmental Education to the National
Environmental Justice Advisory Council concerning "The Environmental Justice Failures of the
National Environmental Education Act." May 30, 1996.
PC- 8 Letter from Max Weintraub of the National Safety Council to the Environmental Protection
Agency Freedom of Information Act Officer requesting "Documentation related to EPA's Office
of the Inspector General Report of Audit." November 25,1996.
PC- 9 Letter from Running Grass, Executive Director of the Three Circles Center to
Ed McCrea, Executive Director of the NAAEE. March 5,1996.
PC-10 "Suggestions and Recommendations." COTICAM.
PC-11 "Message, from Frank Coss, President of COTICAM of Puerto Rico to the National
Environmental Justice Advisory Council." Frank Coss, COTICAM.
PC-12 "Suggestion for National Environmental Justice Advisory Committee." Marcia Moore,
Department of Interior, Bureau of Land Management.
PC-13 "They Will Kill This River." Lawrence Latane III, Richmond Times Dispatch,
December 8, 1996.
PC-14 "Spirit Lake Dakotah Nation Tribal Perspective: Recognizing the Council of Elders of Spirit
Lake Dakotah Nation." Astel Cavanaugh, November 12, 1996. . "
-------
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l ........ Novembei£,:1996 ........................................... „ .......................................
p
, Sationai ...... invifflaroental Justice Advisory Council
iiJi ............ r ..... i ............. " ..................... : ................. • ........................ : ..... ' ............... ":<: ........ * ..... :;i!S";f;:!^
reiS'jiiS'iiVrFRjQfWJv.,,,.,^ Vi!9ra8B L .Hfjvell,, Ed.D:Ji. MSPH,
1 • -' ""': •"•'~^^ ;, ;Mon,^
,, 1,1 ", 1,",! , , .1 i !! i w, i , • ..I- i •.«". '" .'. ' *' 'H'"1'."':'" ' * *" ' ' ' " " v ;l ''!1Jl •"
SUBJECT: MgxtMgeting: Potential Location Invitation
, ,,,,,, ,.;;,, ,„.... ( ;„,,,[. Iv !. , > !' '!>!, • 111' !« • "|H " t I •' "
;i«;-s iffii:::; ":;•:•;; Chiisnopga, Tennessee is confirmed as a, potential location for the next (and/or a future)
Ulv'.RBU'.Ti
!?jaa:'nij«!
eting 'of"the Council.
i i ' '< - " "'f!:"1
SSS1S ,;„« 'Cfialanooga js^recognized nationally and internationally as the "The Enyironrnental City".
^^^^ucli, .however^ can;istilj be done^tgjtrerjgthen this^significant achieyernent,, ,.. „„;,. .,
i.iii'Hi'riiii if., iwniiiii "
Creek is still a public health hazard as stated in the ATSDR "health advisory".
:; -There ajjg g|i| ^g §u,spected hazardous waste sites around the creek (12 of which are State
soperfund sites, and one is a National Priorities List (NPL) site). The removal of the latter site is
'--- November 12,1996 ruling of the U.S. District Court of Appeals.
ere is currently, however, a great potential to increase the participation of women, additional
groups, and other important facets of community interests in addressing
issues." I believe Chattanoogans would favorably consider working with
andI holding a productive and satisfying meeting there.
On September 28, 1996 Chattanoogans widely supported the community's women's
conference sponsored by the President's Interagency Council on Women in four hundred (400)
cities. The conference in Chattanooga, by consensus, agreed to "Promote family (women's)
and environmental health/justice" as their highest program priority for the next four, years. The
Council is invited to join in this effort. Thank you for considering this invitation.
CC: EPA
Dirgctor fif the Office of Environmental Justice
, Regional En_yjrojirnental. Justice. Coordinators
Chattanooga/Hamilton County:
Chairman, The City Council '.
ChainmaO. Hie County Board of Commissioners
Chairman Conveners/Women's Conference/Steering Committee (follow up)
-------
rc-z
ENVIRONMENTAL JUSTICE TASK FORCE
The Environmental Justice Task Force of Spirit Lake Nation envisions clean, healthy, safe,
and productive communities for all residents.
The task force is a partnership of Indigenous and non-Indigenous grassroots community
people working together to effect change. Because vibrant communities are the essential
building blocks of a healthy community, we are combining our skills, resources, and voices
to undertake creative projects designed to improve the quality of life for 'all relatives.'
We experience, like many small rural communities (Indian country), the effects of a host of
environmental problems: water, indoor air quality, inadequate landfill waste disposal, flood-
ing, groundwater contamination, exposure to lead, asbestos, pesticides, industrial use of
hazardous and toxic substances, and-more.
We consistently suffer from high incidences of cancer, respiratory diseases, diabetes, arthri-
tis and other. We don't fully understand the extent to which our illnesses are environmen-
tal in origin, but we do know that the burden of our environmental, public health, and safe-
ty failures falls disproportionately on our most struggling community members.
The social problems and ills of our communities is profoundly Unbalanced by cases of civil
rights violations, environmental injustices, unfair and unsafe labor practice, substandard
housing, shortage of housing, homeless, chemical/substance abuse, and the list continues.
Faced with this challenge, we have 4 goals:
• To LISTEN to the voices of our most neglected community members and neighbor-
hoods, in partnership with them, develop strategies rooted in on-the-ground knowledge,
• To FOCUS public attention on environmental injustices, health and safety, social injus-
tices and, through education, reduce their impact on our population, ...
• To ACT to assure full recognition of community voices in environmental and social deci-
sion-making, and,
• To ENABLE ourselves and others to respond consistently and creatively to the challenge.
.OUR AlM: by acting together, to be a catalyst for change within Spirit Lake Nation and
a positive role model for generations yet to come. The knowledge and wisdom of Spirit
Lake Elders and spiritual Advisors will provide the sustenance and strength to undertake
the challenges. The balance is achieved when we recognize the Creator in all of life.
If you are interested in helping or need additional information, contact:
ENVIRONMENTAL JUSTICE TASK FORCE
PO Box 222 • $T. MICHAEL, ND 58370
PHONE 701-766-4803/FAX
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, Testimony of Michael K. Dorsev
to the National Environmental Justice Advisory Council
(NEJAC) to the US Environmental Protection Agency (EPA)
on Tuesday December 9, 1996
in Baltimore, MD
EETAP, EED and Environmental Injustice:
Recent Developments
Good evening. Thank you for allowing me to speak tonight on a
matter of great import. My name is Michael Dorsey. I am a former
lecturer at the University of Michigan's College of Literature,
Science and the Arts. While there I taught a course entitled:
Environmental Justice: Race, Poverty'and the Environment.
Further, I served as a Task Force member to the President's
Council on Sustainable Development. I am currently a doctoral
student at Johns Hopkins University. Today I am also here as a
representative of the Coalition for Justice iir- Environmental
Education (hereafter: the Coalition). .
Since I last spoke before the Council, at the summer meeting in
Detroit, about the EPA' s , Environmental Education Division (EED)
and their award of the cooperative agreement, Environmental
Education and.Training Partnership (EETAP), to the North American
Association for Environmental Education (NAAEE), concerns and
failures regarding EED and the allocation of EETAP have come under
intense scrutiny of the EPA's Office of the Inspector General
(EPA-OIG, hereafter: IG).
On Sept. 30, the IG released an audit of the EED and its granting.
process. The audit, .Environmental Education: Mixed Results at
EPA, Audit Report No. E1XMF5-13-0076-6100301, found a number of
substantial problems that hinder EED's ability to address-.
environmental justice concerns in accordance with the EPA's
strategy on environmental justice and in compliance with Executive
Order (EO) 12898.- " ' ,
The audit details numerous shortcomings of EED in six Chapters
(See handouts) . Four problems are noteworthy and are the subject
of my comments this evening: - .
Staffing .Problems
The IG reports, "EPA ,has not fully met the National Environmental
Education Act's (The Act) Staffing Criteria.
According to the. IG, "For more than two years, -EED has been headed
by an Acting Director who is not a member of t-he SES (Senior.
Executive Service), and has a budgeting rather than an
environmental education background.". Further, the IG found that
-------
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"Most of the personnel in BED have gained their
environmental education experience on the job."
Problems with National Environmental Education
Advisory Council (NEEAC)
The IG reports, "NEEAC (is) not fully meeting the requirements of
the (National Environmental Education) Act. ,
The National Environmental Education Advisory Council (NEEAC) has.
been responsible to oversee the activities of EED. To date NEEAC
has recruited members informally. The IG audit-noted that
"reiving on a. small group of people to recommend
colleagues has the potential to produce a homogenized
Council rather than a group representing a broad spectrum
of the environmental education community." This has
actually "happened with NEEAC. This profoundly logical conclusion
by the IG helps to explain why there are no minority groups were
supported by the EETAP cooperative agreement. More importantly,
the homogeneity of NEEAC, as well as the EED itself, explain why
EED has been so virulently reluctant to take the concerns of the
Coalition seriously.
As a. result of "homogeneity, " EED has been poorly positioned to
evaluate their own programs. For example, during the first 3-year
EETAP grant, EED did not begin to explore options to address
noncompliance until six months before the project finished.
According to the IG audit this was "far too late in the project
period to allow correction in the course of the grant."
• Limited Agency Oversight
According to the IG, "Agency oversight of (EED) awards is
minimal"; further, "access to grant products ±~s limited..-"
»
Sadly, inadequate oversight (by superior EPA units, the NEEAC, or
any responsible entity) of what can only be described as
mismanagement and incompetence within EED lead -the Division to be
biased in favor of the NAAEE. A 1992 EED contract with NAAEE for
a report on the status of environmental education that was not
found satisfactory for release despite two rewritings - -one which
was found to be too anecdotal and the 'second which was found to be
too academic. Another contract given to NAAEE was not open to
competitive bids on the basis that NAAEE' s capacity was so unique
that a "sole source justification" was permissible. ' Yet the audit
found, that justification "unwarranted" . Nonetheless, EED was
apparently impressed by NAAEE.
EED promoted a biased granting process. (Which is
what the Coalition has been saying all along.)
According the IG, EED's process for awarding,$7.2 million EETAP to
the NAAEE resulted because of "bias" and "favoritism."
-------
IIIV i|f'i III I'll ^Furthermore, the IG notes that the EED's exclusive reliance on the
ill 111'' nil i ''I! i'' I'SeJirvices of_ iNAAEEm has been^ "j^warranti§d_"m and 'm'.tQ. the exclusion of
''' 1'!'! ',„' I',".!,1,!,!'!,',!,!,, ' m i!' in, ii i *-' 1-X.itlJL O • I, , i, ,,< ,,M r '.ii ,, v , M nip! iii'ii 'I'liiii'ii PI ' iiiiiiiiLiiU'll, Nii'nlillilil I, i'...i"'ii'ii iiiiiiiliiiilll ii: H!,' ''ii if!: i!:,::: #, I:1 > ilii'Si'l!!,1'"' K i il11!!,!'!, i,!!iiii!!<:' Hi1, "'i, 'li'llilillni'1 !l in, l ft', 'V'l'!1.,, I'viiii. in! ':li'lf!i'l!i!il1('i!l!!i!!|ii|!P!,'i!|!llf|illi|llili!!''ii
; !,3N&KW, i|i"i«i|1*;-':: *5Eh"ers "
During the evaluation of the EETAP grant proposals, some of the
; :: evaluators stated that BED personnel definitely showed a bias
toward the NAAEE proposal,. Some environmental.. .education personnel
rriT;!™!'™ r'''''"H^Sl;,lilxili ' illSiii iii.,i,,! PJriP? close working relationship between NAAEE
^•',;j^gg| jliiS SSlSrt£j| ill6, g£,i,§,S,JaiPJJi process. " Further, in a telephone
"'"<"'"•''COnversajBign. (November 25, 1996) with Judith Vanderhoef, Chief of
jm Uni t (202-260-5471), she noted, " (I)
thint
IK&tl&Rfii $*$!?
otherwise...Thev
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ate no r i 11 e s . "
How and why the award to NAAEE was biased is detailed in the IG
"II -'.'.. '. audit, ,,,i
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advice of over 30 people with environmental education
experience was sought. These evaluators ranked one proposal far
'""aBove all others, : EED personnel, with limited environmental
'ISucatibn experience and a poor track record in achieving
under the first grant, chose not to select the
ranking proposal for award. We (the IG) believe
the Testification for 'bypassing the evaluators' first
et> especially since it' was ranked consistently and
others, is not strong and. .._as
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consistent. The evaluators1
indicates that the NAAEE proposal was good, but the
proposal was better." In addition, as the
Coalition ngted,, in May, the ...IG notes "the explicit preference
'ITated in^tlie s^lici^gtiQii .^appears to represent directed sub-
;^^gr|||cl^ling^''aj1^^|yJa_t EED was biased, " Interestingly, all of the
groups (allpredominantly white) listed in the EED EETAP RFP are,
members of the $7.2 million endowed cooperative agreement*;
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. ___ the questionable competence of EED staff, NEJAC oversight
'iiii'iiiaiiiiiigii n 111,111 i iii'iii,',,,'iiiiiii^i ' *? ' ^ ,
suj^tj^^i.v^ , acivige (currently in the form. of the Small Working
isever more critical and needs to continue at least over
^ji^atiog .of .the EETAP,, ,,,cooperative agreement. • (My colleague,
^|iWei,n,^ra\5:>i, wil 1 addr ess this,,,,,, in,,,,,,mor e,, de tail, ),
j/ 'illlii "HiKiiill '« IP i, I 1*1,1,1I»I!,, II lll.liiliJIilijIillll'lilillllllilil'llliiil'iiililllfiilllD'ii ,'i
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i the widespread bias found within, the EEID NJEJA.Q shQBld,, agk,,
™°tgir, cgjiduct further reviews of ot;£e,r ,EPA, granting units .
^tsLglJLirJssult of the concerns expressed by Council Member
"ig^jjl^^oit, NEJAC needs to encourage internal reviews of
•rantinq by other agencies as well ,,, ,;ii|, ,,: ^ i i,, ,,,,„„„ „,,,,„, ,,„„ ,„,
where in..""the IG's audit .do the words "environmental justice"
occur. When I spoke with Judith Vanderhoef, Chief of the Special
-------
Review Unit, her response to the words "National Environmental
•Justice Advisory. Council" was ^ "What' s that?" Thus, not
surprisingly the reported "bias" detailed in the IG's audit by EED
is not "racial" or "discriminatory bias." For the IG, despite the
fact that the Chief of the Special (IG) Review* Unit (Vanderhbef)
noted, "(I) don't recall anything in their (EED's) process that
sought a mix, racial or otherwise...They (EED) weren't seeking
minorities." EED "bias" was merely "procedural." NEJAC-needs to
work with the IG and the Agency to better illustrate: what is
meant by ."racial" and "discriminatory bias", when and how does it
occur and what needs to be done to remedy it.
Thanks Due to NEJAC
NEJAC Council members--especially Ms. Deeohn Ferris and former
member Beverly Wright- -are to be commended for the work done to
create, staff and participate on the Small Working Group to
oversee EETAP.. I also want to extend my sincere gratitude and
appreciation not only for the work that NEJAC has done to date to
help bring to light the aforementioned problems with EED and its
affiliates but for the visionary work that the Council has done to
elucidate and seek remedies to shortcomings in other government
granting process that should but fail to address environmental
j'ustice. The Council should definitely continue this work.
-------
• • 1 ' i toMJMHWiili !^^
litiit,.! it, Kuirim, IJ4I, 11, M&2Kxr:tfra.ftG'iVw]'1.j"; "•!: fiifiMi'r:JtBtfti* »!«! in:! .i '*« 'i WiW s.iE't iv* ~ t1-\ -, 11 (it Kii"it«wr.«:n isT ;'»•:•.f tr.rtfc.xr*;1 s;isinu! iisi-wp*1!! ,i'l-cs.11 Mjiv^nw.1 jutifij1 ?;v"iis" j1*l"l".;|.i:i«-.l|;,• »iS1;,' "#• jy•-,"'•!, *: ''i., i i. ll i'i wi. :i:'i w;.. i; I1 i, li.: ii.ii i^i i.i":i: ,,ii».' i; .1' iV "'iiiii". iri' i''''il|;:'.. f: i'.™! i'1 in..1'' * S1 iiffiiP f,',. iiiiiiiv,' iiHiiiiiiiiiA, i1 - nim alii
S^^^»ft;FROM:rn i Lily Lee, Special Assistant to the Administrator
1 l!|11' ''l*" "•'l":"i!l""' ijt|: i i!S fwffijpMiMHiS^^lsft'a'sitSIISKi^^'^^W;|5w;Ss!SirHii,|ti'iviiJifr'jBLwiOTii.fali^iiijRJt;';iy-1>°!i;• s.f iw•;)•'?'i1 '•:"'ti-i.1';'.;'.:!-'::.."'*'J'1^^Pill-'fisirSi';*^*i
iiJ'tf1^ !*|:^^^
fl'if lITll1"1""11!1"!!"11!"!""1 "If"'"III"1 " 1|M " ^Iliill^iililll^ 'I'SiillirUiriiiiiiJl!111'^ : "" \ , ', , , , „ •,,',.,, „.',••
IHIIIIlliyil ' l| |l,"! l,i, !,«i llll|ll< I' V ' I'll l|l,,l,i .'l»;' >,' ' >, ,1: <" !"'l^||ipw'class students. If the grant is in}eant to serve all students in ithe U.S., then die grantee
'Str''^^^.^ prepared to serve a significant population of low-income students and students of color,
pf dportionate to the national demographic breakdown of students.
'3!s "• J.i":i il •£)'wn, fiSinS nMtx 'ISS>\ 'SSxmvitiWK. 'f\iei^f^!tttA • ^mi'iiiit^ f i 'ii.iJiiSHS!', f wiiit T'MKitS'iii ii iiiiiiiiinii nil 11111 in i iiii i 11 " " °^ r
S^iii ^'T^' EETAP. These concerns included the following:
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is «••'.!;'^ifi'^l' „• ! Tfi wist iSlgnJ did. partners have the skills and experience to adequately serve diverse
•- '• wiH9^^'ations? _ i, „;,, , ,,
^EMtn * si;.^ iH'ijif^Wpij^^fi illiligiiSSili'lii!, .^iJE^SrnSHS^i,,!0, lixss 2!sisni§? s ..' ..,,
Were resources allocated to partners at distribution levels consistent with the .demographic
distribution of students nationwide? ; ••
,,. . • . . ' , ' ' ' * . .* , . . .
The signatories to the letter have brought their concerns to iEPA's National Environmental Justice
Advisory Council (NEJAC). Council members were very interested in seeing EPA resolve this
problem and formed a subcommittee, which includes the Chair of the NEJAC. This issue will be
. raised again at the next NEJAC meeting December 10 - 12 in Baltimore. :I have heard that EPA
and theJetter's signatories have been in serious discussion that has been productive. This is a
great step forward and I encourage this dialogue.
Please contact me (260-4724) if you would like to discuss this report further.
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. ..
UNITED STATES ENVIRONMENTAL PRpTECnpN AGENCY
WASHINGTON, b,C.. 20460- ''•' ' '
30 -J996 v
OFRCSOF.:. ' •
THE NSPECTOfi GENERAL
MEMORANDUM . .
SUBJECT: ^vironmental Education: Mixed Resdts At EPA
. Audit Report N
FROM: • James Q.
Inspector General
for Audit (2 '
TO: . , Peter Robertson ' ' • .
, "- • Chief of Staff (1101) ' . " , ' ' '
".' '•- '-• ' ' -' •":•'. •'•' ':'•' : . ' ' . '* '"'
Attached is pur aiidh repjort entide^ "Enyro
The rcportidentifies several issues coiKwmihg;^A*s]inplementatipn of the National . •
Environmental Education Act of 1990 (the Act), tie report also makes recornmendatipns which
we belicye will assist the Agency to meet tJ^reqmreowbts i of the? Act more efiBciendy and
effectively. tmnlCTngot^ti"" <»f
*••-*•'• *. ". •
. . . .• • -. • - • .• \
. cooperation with other Agency piygiam offices providing environmental education efforts,
should provide significant benefits for EPA's environmental education prpgr-*
We appreciate the assistance of Denise Graveline and Diane Esanu, Office of
Communications, Education, «nd Public A£&irs in helping us clarify issues in <^i» report and
providing their perspective.. Michael Baker and the Environmental Education Division staff were
responsive and cooperative throughout the course of our audit. . • . .', •
In accordance with EPA Order 2750, you as action official are required to provide us,
• within 90 days,'a report on the actions that the Agencyhas taken as a resultofour .
recommendations. If your proposed actions will not be complete atthe time of your response,
we ask that you describe the .actions that are ongoing and provide milestones and completion
dates for those actions. • . . , ' .
'_ Should your staff have questions or desire to further discuss the issues'raised in the.
"report, please contact Judith Vanderhoef, Chief, Special Review Unit, on 260-5471. . •
Attachment ".-•- ' ' -^-
-------
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ENVIRONMENTAL EDUCATION:
MIXED RESULTS AT EPA
/•"-.. ;;. EXECUTIVE SUMMARY >
Objective .•-.-; ; ; • ••'•'• . :. - - . :
The Office of the Inspector General received, an allegation .that the Environmental Education v
Division (EED) of the Office jbfCpnimuiiicatipns,Education, and ^bUc Affidrl (pCEPA) felled
to accomplish its responsibilities, as specified in the National Enviro'nmental Education Act (the
Act) of 1990. Our, objective was to dEeteniiine how EPA vras implementing the; reqoireinents of
the Act/ • - - ' • • . '.; '.''••_ '•-."'•' -. f- ' : ••''•x'V ' '? • " - ;'""''-:' ': '•'
Background ,'-• - . . . v ._ • '. ." ;
The Act directed the establishment and support of a program of education on the environment for
- - .• • i " * •*•,.••'•• • .""'». •*••'•• • v * : *• • • . "•: • ..•*••••• •• • • .'-••• ^ ~j f • •
students and persopne],forking'with students. T^eActproyid^fbralargeam^
Environmental Education"^d Training Prpgram'grant,- a prograni-pf ii|an^ Snafl^;EE^bnmental
Education- gfarits-.- asrwell' as enyirbnniental'. education: awards/ internships,' and felTowshipsi The
National Eiiyironmentai Educatiptt'Advisp.ry Counc^i^tiie Fede^T^^Fprce 6rrEnvironmental."
MEdUcatipn:andTrain^ ': *
headquarters staff and regional support, whose functions were to include management and'
supportof the programs Kstedabpve,- aswell'ascpdperatiph and coprdinatio"n of EPA and Federal
environmental .education activities. The Environmental Education Division was established within
OCEPAinl990. '","-. ' -" ."."'.,
Principal Findings . • " • . .
..-...' . i
EPA Has Not Fully Met the Act's Office And Suiting Requirements
* "• * *
The Act stipulates that the Office shall:- be headed by a Director who shall be a member of the
Senior Executive Service (SES); include a headquarters staff .of not less than six and not more
than ten full-time equivalent (FTE) employees; and be supported by one FTE employee in each.
regional office. For more than two years, T7^^ has been headed by an Acting Director who is not
a member of the SES, and has a budgeting rather than an environmental, education background.
Headquarters staffing levels are being met; however, the Agency has not provided an FTE to each
region. By directing EPA to develop, support, and disseminate environmental education
programs and information, the Act implies that EPA should be a leader in the environmental
education field. However, most of the personnel in-EED, including the Acting Director, have
gained their environmental education experiencepn the job. Without environmental educators on
' *^*^*&«g^^ «a@iS55g Audit Report No. 6100301
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: I i!
,
* * •>! '" '**™™'"" ™^: -
MIXED ' RESULTS AT EPA
• -, . . ,
~ the ...... stafflp.!!!?; the .Agency will not be able to assume a leadership: role .in the environmental .
education Community and Will have a difficult time in« establishing its credibilityin the field. ' We .
....... i ........ lire^mnifenici.^aJUie^Agency meet the staffing criteria of the Act fbriEED and the regions and that
5 Siyirbnmentil education be included as a factor in filling future vacancies. •
ion' and Trainin'g Program- Has Vet To Meet Its Goals,
"
. .
Section's of the. Act $iirects.that EPA aw^rd" a grant to train e^c^gtfprofessionals in-the--. . . • •
development and de^yeiy of eimrpnnientai 'education a^^traja^s-P^S^?^^^ studies1^ In^^. • •
1992, tlie fir§f thVee" year^ ahnualiy rjsnewfable grant was awarded td the Umyerjsity of ^.Miclug|n.for
jts N|||gi|al ..Consortgini |qt,Eijyironmental ^Education arid Tr^n^^'i^G^I^/ Tbtaf'Agency " ' .
funding was S5..4 tnillion. We foiihd "that EJED d|d iprpyide oye'rsight of tiie grai^t, bjit\w.e question
the ^uality of that oversight given the' disappointment with grant results.^ -.NCE^T's own ;
eyalua^oir-panei-fbund the grants projects not to be of ! ^^natipnal -<^libCTV":::T&e second grant Was • .
fliwt^swiaJdKriiJ La A ^^^^ A A^. A.t__ ^- f — — ^t^'— "j — • -- * --- * A — _ _ ^_?li j.? __ . «Ai _ T** __ •_?_•— __ ^— - •- — • — 1. ^^"J«.- .'_! ^^'_*__ ^CT A A ^^T?\ •«•
.
^
fagreviouslyetsta^lishrfwprkmg'relatiQnsMp/be^e^ knd.arspeclfic -
prelerence stated- toward HAAEE in tie Agency's solicitation for the grantj hasiccintnouted to a •
' ri'lilBllllH'i1""1!"! ' •" * '" " ' ** • " * ~ • .'•-••;'.-. - • *»•. •.* •* • ,* •*•.-: ^
percepfipn that EED's- award; decision-was-biaseoV We recommend .that the- quality pfoversighl of
™9B[e Envirpnmental and Educaiion.Trai_ning.Program be improved and that the appearance of bias
be eliminated w. me grant award process. . ' . , ' '' . •;' __ .
* * • " • - . •
Section 6 Envirnmental Iducation Grants Considered Successful . - *
. 6 of the Act directs the Agency to enter into a grant or contract to support projects to
Jesign, demonstrate, or disseminate practices, methods, or techniques related to environmental' .
kiuca|fp,i and training. FFD awards and administers grants 525,001 to 5250,000 grants, while
he regions award and administer all grants 525,000 and less.. We sampled over 100 fiscal 1994
nd 1,§£5 grants and found that the grants award process is very competitive. We found no
iffergpsg in the process established to review, and evaluate grant proposals for award between
eadquarters and the; jegions. Despite minimal oversight by the Agency after grants are awarded,
"fe" accompUshmentsof the grants are considered successful. We believe that regional
tvolvement cpntribuiej significantly to the success of this program, and increased regional
1 tX°lxgmsnt should enhance that success: We recommend that regions be allowed to award all
•gional and local Environmental Education grants, with multi-regional and national programs .
Audit Report No. 6100301
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ENVIRONMENTAL EDUCATION:
MDCED RESULTS AT EPA
awarded by-headquarters. The administrative requirements for grants less than $5,000 were
considered-excessive for the grant amount by many grant- recipientSj including,first-time grantees, -
and Agency persqiinel overseeing these grants; Although the-Agency has already begun efforts to
• streamline small grants administration, we do not believe that this v/ill address all of the problems
- experienced by the.environmental education grantees^ ;We/reOTn^end th« Agency effort? to
streamline small grants administration be continued and that a user-friendly pamphlet to describe
basic administratiye grant requirements for fi^-time grantee&;beldeyelopedl " ." ••
The National Network for Environmental Management Studies (NNEMS) Program Does
Meet TTie Requirements of the Acf. . ' ; ' . .; • "
The NNEMS fellowship program, managed by EED since 1992, is designed to provide students
with an environmental research/training experience directly linked to their field of undergraduate
or graduate study, the Act requires that interns be hired on a temporary-, full-time basis for nbt to
exceed six months and compensated appropriately: NNEMS fellows, however, are1 grantees, hot
employees; the grants are not limited to six.m6nths;'poteMa| for; abuse.exists.mthdiselectibh
process, and there are no- standards: for determining appropriate: cpmpensatioii. We found that -
NNEMS fellows are used to supplement Agency FTEs by peifonnin^ legal; sdeiatific, and public
outreach work in Agency offices. We recommend that the Agency establish controls over the
selection process, standards for appropriate NNEMS stipends, arid procedures to ensure that
NNEMS feflows are not used to augment FTE requirements:
National Environmental Education Advisory Council Not Fully Meeting Requirements of
the Act ... ' • '
The Act directed that the'Agency establish a National Environmental Education Advisory
Council. The Agency has established the Council and is meeting the specific membership criteria
of the Act. Recent member selections have been based on informal referrals frora.current
members, Agency personnel and not-for-profit .organizations. Relying on a small group of people
to recommend colleagues has the potential to produce a homogenized Council rather than a group
representing a broad spectrum of the environmental education community. We recommend that
vacancies on the Advisory Council be publicized to ensure the widest possible involvement and
participation of the environmental education community. In addition, the Council has not yet
released, a required biennial report to Congress.. Lack of data to provide the information that
Congress wanted has held up the report. A draft report was released in July 1996, whh a planned
release date of September 1996 for the final report- We recommend that the Advisory Council be
reminded of its requirement to provide the biennial report to Congress.
Audit Report No. 6100301
••• •
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- .............. »•'• ......... « ...... •-> ............ ' ....... »,i ........... ,,
r .......... ...... ENVIRONMENTAL EDUCATION:
' MIXED RESULTS AT EPA
( Si , mimjtsi ii i ami
Agenev Co mm en ts
In his September t7,1996 response, the Chief of Staff generally' agreed with the report and
agreed to take corrective actip^tp.strengthen! the environmental' educatipn program; He stated
ttiat the, Administrator and D.eputy Admmisfrator would continue to be strong-supporters of the -
environment education programs authorized,, by theAct tie Chief of Staff also noted that by
• identifying management area;? that need •imprayement, the audit" report gfves. EPA the opportunity
, to buiH a strongeyoperatipn"'and^ cpllabpratively.witii'interestedparties. .Furthermore,
EPA |s gornmitted to ensuring that ^.e envtrpnmenta^ educatibn program is carefblly managed to
-guarantee an effective operatipn with broad..input from'internal andlextemal stakeholders^- Due to
tim| ipijisiraini^-np^aU Agency o.fi|cials.'syere able to review and prp^decpmnieiits l$ the draft
reporiZBut the GKefof S'iaS stated! that the cbmments and input of Agency programmatic
pgciajs would be s^ •" . •
Office Of Inspector General Evaluation .*-••"
=We believe that EPA's actions will address the concerns addressed in the report. The • • •
ill !' Si f " ' t ",,"' * *-***_-*^-^ *,»..— •.. • '"^ • ' ".•'• -.'• ' *'
invplvement and coordination of aU^ency-enyiroiornen^al educatipn.efrprts, including EED and'
cable program ipfEces, snpuld assist in strengthening EPA's environmental education •
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-iipi'';ii;';T!>i; "-'iS:; '.>.•.; .(aS!'!:ftS'! "I'H'JW.WJJ'fv
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Audit Report No. 6100301
IV
IK
i 11 11.1 in
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ENVIRONMENTAL EDUCATION:
MIXED RESULTS AT EPA
TABLE OF CONTENTS .
• • . . .-•-'• . . ' Page
EXECUTIVE SUMMARY ......... ., " i
J • . • * ', ' ' l "•
CHAPTERS ' - •• . / " .; :. ..-'..
1. INTRODUCTION. I.....'...-..".'...,;..... ......,.'. '. >.-..,. .;...... 1
Objective........; .......„.;.......;.. :.".......;.. ;....; ;..„• 1
Background ..:.... .,...A—:.. :... .....:...•.... ,...;.....;;.'...—....... I
Scope And Methodology. . ..., ., • 1
"2.. EPA HAS NOT FULLY MET THE ACT'S OFFICE AND STAFFING '
CRITERIA „...-.'. ..I,....;......: ., .r,..:........;.:.l.:..,.;.»;.. 3
Office of Environmental Education Is Not Established In- Accordance
With the Act... l........;.'...^......,..* ........i.w...'. ,.-.:«« 3
Agency Environmental Education Efforts Are;Not Coordinated...,., .-.:.;.. - - 5
Organizational Location of Environmental Ediiwlibn Division . ' .
May Not Be Optimal t :.: , .....? ...._. • 6
Recommendations ; ."..... . 7
3. THE ENVIRONMENTAL EDUCATION AND TRAINING PROGRAM
HAS YET TO MEET ITS GOALS............. '. „......'. . - 11
Limited and Questionable Achievements Under - ' , • .
University Of Michigan Grant... ». ;.. 11
..-• Concerns Expressed On Second Award To ' .
The North American Association For Environmental Education. 13
Recommendations : .'... 17
Grants Award is Very Competitive , ;.... 20
Agency Oversight Of Awards Is Minimal.....^ —........,.'. 21
Grant Accomplishments Are Considered Successful, But Access'
To Grant Products Is Limited....... •......;. 22
Headquarters/Regional Grant Award Categories Should Be Reconsidered... 23
Recommendations 24
Report No. 6100301
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» I
!!"!!!! .I!!!!!!!!:!!!' "B '
' ENVIRONMENTAL EDUCATION:
MIXED RESULTS AT EPA
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..... '" ''»'•,' ; ire^^ i'lp; 1M is!,1 ......... , T ••• " ........... I ...... t ......... T«J ........... "' - ......... i ..... If.
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ax ....... w>•• <• 'i '<•'• u ...... ..... '•' i
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!
'(Continued) . •
:":'' :\ '' 4
Pace
ilia^iiSill' (I, '): il ,II!»»H r'ili SIR* Vllllllllilhiitia I! «ii' I «« Sift;'' f, r.,iii:»"!' >f.- •• • •">-. ••' ""• '••- ' • •• ""' •• '•" > "" " """" '•'•''" * *
> 5. '• • THE NATIONAL NETWORK'FOR ENVIRONMENTAL:
iES NOT MEET THE'
EiKiitfliBWW':i»»i«BsawBs ; yss •"' • • • '• • " - -7
s- ••••••>"•• • .- .41
28 , ' ''
;iE;;i:^i;l.Gojals. For LorSeryice-TeacherFellowships Have Not Been -Met '.. 32
SIRecor^endations....,..........:... i:f....,.....^..,.,....,. , ..,. '* _ 32
MEiim i mwm EtAraBKU:- " i ' ' " • "
NATIONAL ENVgRQNMENTAL-EDUCATIpN ADVISGRY GOUNGIL^ . -• _ .- _
gj;,^ ^ ^ ^
" l~~'f^^sgjy Council Vacancies Should Be Advertised.; i •. 35
Report to .Congress Not Yet Issued...'.., ..: ,;. : 36
'ederal Task Force o^ Environmental Education Has Not Been •; . •"
Effectively Utilized By Agency. i..;. :..........-. .37
37 •>
•l/i'i"ffi'iiii'li1'!'Illll' '"''"V1,!!"!!!1'!','!'1'!'.11,'' ii i*1'?!:".1!!'i."i i» •'' 'Hi'i''» i IL'"1 '''' " '» ' •' ' " """ ,
IfMlirfV!;:iW-:«i 1 JlSi"f'•'i*;F'?!!•;'#.•'WI:m!M£:':K;''^—=;- i^ ;!''.' '-•'>'»*" ?'" - .'"'"" •:";:•• '• '
APPENDIX: Report Distribution. .'......... •. ;....; A-l '
A |i',,a, '.""f ii|h; in jllillllni1:!1, rT'""i" ' \i'\a'"i'L:
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ENVmONMENTAL EDUCATION:
•" MIXED RESULTS AT EPA
CHAPTER T
INTRbDUfcTION
Objective
'.-••;
The
iu&tipnVand Public .Afiacra had failed to accomplish
its responsibilities as" specified iri 'the National Enviirbnineiitaf £ducatfpri Act of 1 $90: Our
objective was to determine hpwEPA was iniplementihizithe reqiilrenia*ts of tfie. Act- ' •
. * ' • . ' •' " . » - - - - ..... - _v t '-'"".,"'*. . + . ' ".";•" T"* "*" .'• "^ •' V 'f v1 "-•""•'•••• •--•." ••• .• " , • • .
Background •• " :. ,. - -! : , ; '•
The National Environrnental EducafioiQ Act of 1990 dirtcfed'tte ^e^lls^nieMiid support 'of a
program of edudatiiori on the envirpnnient ^ir's'''''
through, activities n£$f;i^I^
The Act provided for a. la
a'
program of many smaller e^nyirojnrnentaleducation grants^ as.weU'as environmental education
awards, internships, .arid fellowShips^.^e Natioiial Environmental Education Advisory Council,
the Federal Task Forw on &viroiraental Education, and the Nation^ Environmental Education
•and Training Fbundiatipn,' werealso eJs^lisBe^ by ^
gohal support. The
Environmental Education Division v^a$ e^Hshed.-vvitMn QCJEPA in 199Qr. The? Office's.
functions were to manage and support the programs listed above; to assure coordination of
^relating to enyironmentai education;
and to develop and support programs and reated efforts in consultation and cooperation with
other Federal agencies and the nonfederal environmental education community.
Scope And Methodology . ' • . •
The.audit was conducted from July 1995 through July 1996. We interviewed Environmental
Education Division personnel, regional Environmental Education Coordinators (EECs),
headquarters and regional grants specialists, grant project officers, other EPA and Federal agency
personnel involved with environmental education activities, and environmental educators at a
postsecondary school and not-for-profit organizations. We reviewed the initial large grant
awarded to the University of Michigan, and the selection process for the second large grant
awarded to the North American Association for Environmental Education (NAAEE). We also
Audit Report No. 6100301
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ENVIRONMENTAL EDUCATION:
! "'' •' MIXED RESULTS AT E?A
i iiiiii 11
nil i in i iiiiiiiini > i
e of 103 small grants awarded in fiscal 1994 and 1995 by'. •
headquarters and each region, and interviewed selected'grant recipients from this sample..
We did not include, the National Environmental Education, and Traiimg.f oundation (Section 9 of
the Apt) in^this audit since the OJG had. completed a'speciM revie^r ofthe.Fpund«ipn in 199.4 .
(SpeqaLReyiew of th'e^National EWronrnehfal Education and Training Foundation: Report No.
l4£^Pp(M^}." _Enyirpnmen^E.duq^n^ 8 oftfe? kpt).were: '
om this audijL;.A; separate OIG; fcahciat;reyjSw.oftfie:$n|verafy:pf J^qhigan. - •
i\Zlt.I~C4nTTH£''W'nA*^ /r/ri/vorii-i:J2i.vr_"il.''J J" Ci.-iTi^-.ii.ijl-y;th6 Qgg^^
Division) in the Office,6fAdmiiriMratipn and Rfespurciss M^inagenie'ilt issu^i'a repio^" -. .'•/.'•
Management Srudv:ofthe br5deofth^\Admims^t6r>s FAGA (Federal'-iAdvisbrv Committee Act)
^Practices. mMapi995, "THs report included a:riview;pf'
_., ^^____ Education AHyfeor1"i"r----M ••**•-•--*-•-•-•• -f***-- ——••-•--• -n---j
tolmplementatidn pf'&e fcJ^p'nafc Envirpraen^^fi^batig.n Acr?.?..Wj. d£ew pn.mfprmatipn-froni •' -
this report as if related to'piir audS.-". ' ' "_* -l- ' :.'":. ?\- 7-: -•"' ..-"--V'v •". -.- • ' . "*
inducted this audit ui' accordance with the 1954 Gbvernmeht Auditing Standards issued by .«
411111!: ft ;' fllL""" ,' 'in"-! *' i« ' • "" 7*:"^ '.-.—. ••*; t ".y^^1*" • ." » -.-".- 'T~TT~t^'-- ..-a- '• - 7..' ' " •••• • v ^--. ••- ' T... '""", "..••*•.• _-'•: ' ' * ''.^
.,..,..,.. .:.. ,-.. ... ...,.,,....,..., . ,..., , lures we
i^cessary.' We obtained data'gpm EPA-?g. ^its.3^P'rfn.^tToq CQ'fl^pj. System (GrlCS). " .j.
was not ^^ integral part or this audit and its reliability .was not crucial.to ' •. . '"•
accomplfsiing the objectrVte of 'the .audit" Accordingly,, we. did not test or evaluate^ the a.4fequacy
of manual or automated, controls fpr GICS or tjae iyalidity of ijie. data maiirtained in the ?ystem.
Therefore, we cannot and dp'npt attest to the aoairacy^ir integrity'pif (HCiS.data used^inthis
report. . . " *• •' • . .''".'..
11^^^^^^^^^^^^^
,!,;, I,,!. ,1 - l ,' ' , "" ' - ! """l " " S*;!' ,' ' ; I ' ',
3
E;!6:^^ .'' : .: • '"'•'.•' • ;" Audit Report No. 6100301
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ENylRQiNMENTAL EDUCATION:
MIXED RESULTS AT EPA
: . . CHAPTER! '•• ..\ '••'<: '•
- ••' EPA HAS yoT-feih&TtfeE THE.ACTS: • ' • -..-
- OFFICE? AND
The Act.speieigcaily r^uired^th^r&e.Ag%ncrye es^Ksh-afe Office b£ B^bnmeptal Education,-.
^...-..-.-p-^_._v..._._r_r-_p.^^
Act clirectecl that the Gffi^weulibel^
headqu.arterS;Staff o.f not les;s/thaissix bf "ttpfe thin ten:fj^^trae'equrvaleiit ([FEE} ^pjpyees;iisd
be supported^^by qne.FTE'emp.Ioy?e& in .eachEPA regipnal office;--'• .. . :.. V'" :./ :
OfRce of Environmental Educaffofr^ • •
The Environmental Education Divisiptt within^the.Offieefpf Cominunicao'Q^ ^Ucatior^ and •
is one-more than the minimum requirement of the; Act;- -The-Agency provides; orie-hijf FTE • ."
support perxegional office; however,-the regions hjKvebeettusing other fimidis to proyide full FTE
support for environmental education.-. ..". - • •-' :. ;•«."-.' •• " . : .''-..'
FFD was originally established just before the passage of the Act in 1990. Personnel were
detailed from pther Agency ppciss anid an; AJc&gl^rectpr was named. ml991v an SES with a
background in environmental programs and environmeiital education was lured to direct EED.
The SES Director left the Agency in June 1994, and there has been no announcement for the
vacant SES position since then. After the SES director left, the Agency appointed an Acting
Director^ who is not an SES, and has a budgeting, rather than* an environmental education . . .
background: His environmental education experience has been gained on the job, working in
EED since 1990. ... - - • • .
t • • • ' . • .
OCEPA officials explained that Congress is in the process of reauthorizing the Act. The
legislation currently being considered does not contain the requirement for an SES director.
Furthermore, hi an effort to meet the targeted reduction of Grade^ 14 and above workforce,
including an OMB directed reduction in EPA's SES ceiling, the Agency gave up this SES '
position. We believe that the lack of a permanent EED director with training and experience in
environmental education exacerbates many of the problems which we will detail hi this report.
.t^i-1-^-USU^ts- Audit Repot?. No. 6100301
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MIXED RESULTS "AT EPA
T^e-Agency'should initiate recruitment actioh fpr an environmental ''.educator -to '.head EED. -THe
III,l995Mop "Deport1 also recommended that the director's position be filled:-.- : - . '
Tfie requirfement for not le|s-than;sbc pr/m4rS"tiian-ten^r^'empioye?s.'at headquarters has been
"met since the passage of ^eiAc^-^ FTE to eacfi region'
•^ ' - —— f_A^l A^Jt »!•»;***/•*•%• AftfcrtfrVit* A«**H*ip£u**XW-«'-.-•.• *,
yt.^n< concentrating headquarters and'regipnal resources in the grants program, EPA
22 ,ii:has;neglected, its leadership'resppnsibiiities.: The absence- of EPA ieadership in enyiirpnmental "
a lack' of epyirpnmec^ education eT^ertfSe iii 1=^r> ^yal klkp? of cphcera to some .
.^gS^wi pisrsopnel: tha$ we telked to ffpni EPAV another £ ederai ag^icy^ and' •
g^. ............... Some ...... of ^these individuals, considered'EPA to- have an envtonmiejatar education
^"^ranS ..... program.' No one referred- to EPA's 'environmental education' 'efforts as an e^hvironmental
................. iii ..... .education proeram. • "••'". •
"lliy;:!! ..... IIIIIHIIII ...... , ..... uns. .................... &T ........... a-,s ........ , ...... .............. t ......... : ............................. • ................ ; .................... --
states^that the Office of Environmental Education shgil develop, support, and/or
of environmental education-related programs and materials^-training '
.m ............ , ..... ................................... i. ...................... - [[[ - .............. ...... .......... = r e* o
MpiiM.il ................. .m ............ , ..... ................................... i. ...................... - [[[ - .............. ...... .......... =
programs, workshops, -model curricula, publications, and/or other media materials. In directing
EPA to conduct these types of activities, the Act implies that EPA should be a leader in
• i • * . ' • • v
'Management Study of the Office of the Administrator's FACA Compliance and General
-------
E3>fyplON7VffiNTAL'EpUCAtTON:
""'.'- MIXED RESULTS AT EPA
environmental education: • We believe that perfprmaijc^ pf these.fbnctipns as the Act intends.
would 'jperforce result in EPA's assuniing a leaders'hlp role m til? 'envirbnfnentai educatipn •
cpmmunity; "''..." .• • :" . ••• -h'. ' ?' •'.',-•"''.'"*'.:-";•• . '
Without environmental edtic^ofs-jon the staff^i EED, th^ Agtocy.jcahnb^.riiesit its requirern.ent| to .
develop this broad'r.arige' of eh^qnmei^^uc^ph-reMed programs ?nicl materials. "Aisaj "th.e
Agen(y^^hptbeabieto^sjOTeaieader^g;ro|em^^^^ '
arid will Have- a ^"di^cult.time in ^^ establishihg i^cred^^ fa the ^dd/^Tjiis dpiilS infect JE^A's ". .. .
abili^ to gain the dooperatiph ahd-cpll^pr^on
Federal agencies.and in other jpafts 'of its oyvii^ age;iicy:. ^^s"ppaii6ri§ b^sdme'vaiiahVwe BelieVe
tha;t enyironmental educatfon.e^enen^ Itjs.our
opinion ^ai/env^nmeh^ education e^.?^
•A^enc^'iri.the'enwohmeh^-^udau'pn^^ ".'•.-,••- "-" '
"" " "
• • ; . •»*• • • * ••. •,- •. • * -* . ,
Asenicv Environmental Educafidn. Efforts Are:J^ot:Cocirdilnrated = •' .
• ,-. ..-...--..-•_. . -.^../^,, --:..-..,-,, .:-:.,..,.,. ... ^ ,.., .^ . ^-. ,, - . - ... - . .^ ; •
dtfter o|5ces in the." Agency prpr^pte envirpnrAen^I educatipn ^fibrts. .in.theiiP prjogtiflis. The Act
recognizes these efforts and .assigns the ^.nwo^nentail Eda^iprf Pm^pa ^^ a.cwr^o^ptf funciipn
.to reduce duplication atid^racori^ena« ^t^
Agency prpgram offices whp were invojyed wjjtfc .enwfqriie^al ejducatipii effprts beUeyed that
better cooperation and coordination between HEP and/other Agency envirorimeniat education
•••.•* * ' * .****,• •-.* ' .•*,".. ** ..*. . •,'"'+'
initiatives were needed to provide a holistic eirvirpnmeafal education- prbgi^ni: They' consistently
noted thait they considered .EE3> to be hon^pp«atitv^ -^tfeasfce" "^as .^pic^ of tifie terms-
used by severai different perspnnertp'd^^
perceptions about- the hon-cooperative'attitude of EEJD voicep! by perspnnel in another Federal
agency and not-for-profit organizations. Cbnverselyj EE1> noted thai the program offices often
award environmental education grants or relcsaSe producte \*^putcpbrdinin*njwithEED.
Environmental education personnel outside of EED felt so strongly about the need to share
information about outreach efforts, particularly environmental .educatipn,- that a network; known
as the Network for Outreach, Training, and Educatipn (NOTE) was established within the .
Agency. EED was invited tp attend and did attend the first meeting. However, EE0 indicated
that it would not participate after that meeting, FED believed NOTE; wanted to distribute grant
products and other information without the systematic review that. EED believed should be.
established to ensure that only .quality grant products are released. . . - .
• . ' *"'; 4 *_
Shortly after the Act was .passed, EED established an Environmental Educatipn Advispry Board,
with representation from Agency program offices promoting environmental education. Although
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INI mi in
ENVIRONMENTAL EDUCATION:
IVTIXED RESULTS AT EPA
' S5|"af equireinent'of the Act, the Board wasto. provide advice and recommendations on
'
•S i •
dor
lion of the Act, to assist in coord.uiajting implelnentatipnacioss EPA and totuildl upon
fe ft'nvlrnnmental education thrbuehfiut;EPA brdsram bmceS:^ The Board, however.
'' of EED activities .w^th.no d|sc^issipn of issues and rip.'action. These activities did
|g|I^!'3|'e -^^pftrjjgse-'pf the Board:: The^Board b^ajnie" ina'ctiye'after nieeting for - • • / •
f pdrhately two years.' ft'w^'arotjn.'d the; sains tigi^^a^ie'ihat NOTE\yas being;j?stabiisiied.
Hfl^iat tie Boajrd;was revitalized^ and'begap me?tin|f aga|rL • There_ is;some Cauidipus'optiipism that
:=^^^^^ Afi««^;; • .
•™ EBgiijgp^feJl tiiarresburpe KniitatidiiS affe^eit .tBe ^^f- of EED' to' afeppgilsh'. gff.jlle rejqiiireni^nts
bfilgAct,' inclu4ing ; otord£a^on:^t^\.^ " •
................... neegjeji to^meetthe cpprdinatipn,' and'o^er, rajiiifen^entsi: :A^n^ra^bnni6nMe^u.cdtipn'.
perlsiilel also' recognized the r ^esource.' Iimtatipns._ ' ]H^r^e|€^'^(?y,.beH^d that ^he .[aclc of •
resources |n EED yrasl e.yen more feaspiS fbr 660 jjdf^bjir b'|r^ve^t EBE? pd:p^,e"r. Ag^hcy " '
program offices. Ag*r\cy f"1"!".*^ efo'%ffi>£ g9!1Tl^?.i^?.:!^..t.t. F11 *jg t? •
. . ...... . .
lever|g^e its'er.\TrpnnienteI- edu~^^onrprbgr^>^itfce| b'y, SichidSmg aQd-uipg" ptier training and-
.oiftrfeach. programs deveiopw .by the Agency ^dey.p.^er*envirpnmenta1[ .sjtafijtes. r .
' Organizational Locatiotf of Environmental Education; bfvisfbri Mar Not Be Optimal '
ItNirilaiiiiiii i
Ei=^SSSl -42*4^ personnel al§p b
-------
MIXED RESULTS AT EPA
Jers.and other Agency .expertise in educatipn,.tp assist
in determining "an effective prgarazatipriallpcatipni,.- ,-x ." • .- • . • '
Recommendations
We recpmmend that the Chief of Staff . - ' ' . •' ;•
2-1. Direct pCEPA tp ensure that the vacant Office Director position in ffifo is filled will a
person having backgrpun'd and experience in envirpnmiental edubaitipia and^.iii'accordance.vyith the
requirements pf the Act- " • " : -. -; ••:-:' '""'.', "''.''" '."': '"' "'"•'/
Agency' Response -.
In his September l?v l§9^:;res^onse; the^CIuef bf'"Staffag^ped witff the baap .'
.'cpnpept p|^the-re^tiimiBria^ffpa; He steteii; tlitttiiGccw&efajp f|ctQ;rsf tib^t'V
OrdeFl238'9reqw^afedu.^paof^^|^^^ '. ;
1 9!33' memprandun} ^etf^
for 2 replacement freeze for vacancies. TTnese targets' p^i^uded'^dvi^tismg' the
position. After the replacement freeze was lifted, OMB reduced the .Agency/? SES
' ceUing by alinpst 1 0%:' Tfib Natipnal Environmental Ediicatipn, Act is currently
being reauthprized by Gongress and the : amendments cpni^ propps^ language,
that wiU change the posJitipX
legislation is passed, CK^A will begm a dlsc^
• best course of actipn to resolyiB the' issue and tb meet the reroinm«(|atiqns. when
the legislative change POS^ mcluding appropriate
. issues, the Chief of Staff also stated that management oversight and policy :
direction for the environmental education program is provided1 by the Associate
Administrator and Deputy Asspciate Adminisi^pr (both SE^; makers).
OIG Response ' • •
While we understand the Agency's reluctance to take definitive action at this time,
we strongly befieve that the success pf the : Agency's prograin is tied to
experienced leadership with standing.ui ^the environmental educatipn cpnTmunity.
Obtaining this level of expertise may cost the Agency more than a GS-15 salary. ..
Current legislatipn requires; art SES director and proposed legislation is'silent about
the grade of the director; therefore, an SES director is npt prohibited by.the
7
Audit Report No. 6100301
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I ! I I I I I !
. MIXED RESULTS At EPA
• PI 11 'i"!'!! i iii ' nil i i i
III ill III ll _ . - •• .; I- _-.. ....,•
legislation. We suggest you explore with OHRM the possibility' of a 2-3 year.- •-.
/liniited term SES appointment:br a senior .level.(supergrade^apppintment.'4pr: . ' ,';.
"'EFA'could fecrmta^ both the SESaVd'^S-][5'W . .
..' process, EPA must make its selection consistent with die requirements of the-Act.-' -?.
2r2. Ensure that' a full FTE and funding for each region is ptoyid^maccpfrfance^ •
requirements of the Act ^,:, : '.'. "- i •,'•.••.-. ":'.--. V: •'•'./"',.• •
* •:.... • i i ':'• '?•"•:- : •"• • : ' .- • ...'-. ; ''""'.
Agency Response . , •-../; ... .
• The Chief of St^sfateUtfiattheAgejicj: fi£s" provided 10 jF^ to ^e;if^C!iis,..fbr- /" .- .
environmental edu<^
', element provides for 4.9 FTE and^inFY 1996; as. juldifionai4.1.firo.wire".. .!•-."
• provided-Hi the' Regional Management prograni ejemisnt gor enyTOnnientaF'
, '- educadqttef^rts. Border, to rempye/^y
FTE,.OCEPA h^ already m'^^thi^e / •
" i ComcfeUeVsOfSce^tpjexanm^ti^&f^^
H Management program elefneiirt t& &e-R^jpftal. l^rrirqnmqtiTta}: ^jtieattoiT'prpgTyn
element' OCEP^fe.al|p;^jr^ui^:5Ht!i Ae^f5j^.ofid^e^"C^i^eItased6:
•guidance Mii'clar^itiopjori tiie Is&id" - . • • "\ . ,t:-
Ol^Rfepgfeis t m _.
I)inII I II I I 'f"^''^?^.';'^^'^''^"1-. i-»- ''=-'-1 ' " ' '- -'Vs-
We a§^e that the FIE issue needkto B« clarified \yfe did not receive any .. •
dpcumentation to s^pprt.tfeeasaggmqnt bf^e S. l"gTg$ to the Regxpnal
Management jjrqgram eieinenj. •JOfafl JFJE sapprart 15 aasign and the Regions! ' - . •: ^ ,
.-!,_' , • , ,i, > ,'in '«.". 5""- • 'i'1"' ': :"":" "" !"! """ : "!
Agency Response • . ', .;;: • : •. :: , • ;.'; • ••-•'.•
The Chief of Staff agreed that it would be beneficial to have people experienced in
I"1"" environmental education on staSand will worir t» tflcorpgrate tbQ5q-fo«HficatJOP5 . " •
in 'our vacancy «umouncements. 'However, it was not$d that the field of ..
environmental education is relatively new, and the pool of credentialed .
.- , - .- :::";;:;; '' "£n«fit Report'No. 6100301
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ENVIRONMENTAL EDUCATION:
MIXED RESULTS AT EPA
environmental educators is .small A well-rounded staff will need to. include '
expeqenced govemmeht .administrator?, ."an^y^^an^projertand'grahjs officer
' provide needed adramatrative input and. oversight Aift^evacancjes'occur,
EPA will seek a mix of appropriate ejxpen6nce that 'includes environmental-
education. ..'.•" • .- -.''•• • • '.
QIG Response
We agree: We haw
personnej for the, various staff positions.
2-4. Determine the optimum organizational location for the Office of Environmental Education to
accomplish its goals and meet the requirements of the Act • s . ' •
. Agency Response • '• - s "/'...'.-
TheChief of Staff agreed with this reeommenda.don. The newly reconstituted
Environmental Education Advisory Board wfll Work with QCEP A to; develop, an
implementation plan for the Board to address quality; access,1 and coordination .
efiforts of environmental education efforts in EPA. The Board is launching an
Agency-wide coordination effort for environmental ; education beginning this fell;
'this effort provides a natural opportunity to splicit.input from internal stakeholders .' •
regarding such organizational issues. * ' • .
OIG Response • ;' •
We agree with the .Agency's response. : . ' . •
t • .
2-5. Direct OCEPA to ensure that the Environmental Education Advisory Board provides
representation of all Agency 'stakeholders in environmental.education. Minutes of meetings
should be taken and approved by the chair before distribution. Distribution of minutes should
include the Deputy Administrator, all involved Assistant Administrators, and the Chief of Staff.
Agency Response : • •.
The Chief of Staff agreed' with this recommendation. He .stated that OCEPA is
committed to achieving effective and efficient Agency-wide environmental .
education coordination. Associate Administrator Ucelli sent a memorandum to all
Audit Report No. 6100301
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ENVIRONMENTAL EDUCATION:
MIXED RESULTS AT EPA
II ..... IIIH ..... it,
» « _. • « * « • • «• /• •• 1 f*
ssociate, and Regional Administrators asking for a senior member of. ,
. staffer a member of their staff Interested in this issue' to serve on the'Bbard. . '
s.u ..... KiiSiA ......... SiSSS* ......... , ....... . ............................... s ...... . ..................... » ......... ;. ...... ..r . ------ . —•• ......... ., •..-,•••:••.••'• ••';';'••• .
3Tj<-re is representation; fr-p'm every .major program'areai asj: well as Agency labs and.
regjpns: Because or" tune and funding ^nsttaints, as v^el|"^''tile gover^ent^ • •'
n fur|ough iiilJecisr^er of last yeasy nleetihgs have b'eetf conducted by conference .
cails, including March and May of 1996;- A meeting was scheduled" September 1 7
and I $1 1996. In addition, .the- Chair of the Enykonmentai Educatipn Advisory
Boarti niet with Administrator Browner to discuss A^encyrwide enyifonmental . '
education initiatives. T|e Chief of Staff also-agreed- that mucH;pf wfiat is discussed
I in tfiej Advisory Bpardjmeetirigs is of interest t6 'many individuate is th? "Agency,
_- and th^'m^te^ of t^
OIG Response
We^agrejei witfi^tiie Agejiipy's response, and appreciate the Agency*s" actions to "
increase coordination and cooperation of enyironmenial education, efforts iri EPA
in in 11
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10
Audit Report No. 6100301
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ENVIRONMENTAL EDUCATION:
MIXED RESULTS AT EPA
. CHAPTER 3 / .. ' .
THE ENVIRONMENTAL EDUCATION AND TRAINING PROGRAM
••"«••"' HAS VET TO MEET 'ITS GOALS . -
The 'Environmental Education and Training Program is accomplished through the award of an '
annual grant to train education professionals hi the deveiopment and delivery of environmental •
education and training programs and studies. The grant is .awarded to an institution of higher
education or a not-for-profit institution' (or consprtia pf such institutions). The' Act stipulates that
25% of the Office's annual appropriation shall.be available for this program, .. This program
focuses on environmental educatiqn'at the national level. The Agency has niet the goals of grant
awards under the" conditions of the Act However, the accprnplishmehts of the grants in relation
to meeting the goals of the Act are limited, . and. there are concerns about this- award selection
process." •• ' " .-• - *; ' . •- • . ; • "•' • ..'
Limited And Ouestionablfr Achievements: Under Unh^eraf^Of Michigan Grant
Eighty organizations submitted preprpppsals for the initial grant award. .An internal EPA panel
evaluated all 80 preproppsals and recommended that ten organizations submit full proposals. The
ten final applicants were evaluated by external peer revxewerSj.as well as by a panel of Federal
agency personnel She visits were conducted- for all ten.organizations-by the Director of EED .and
. the Associate Administrator of OCEPA.at the time. The Umyershy of Michigan was selected to .
receive the grant and was awarded the initial Environmental Education and Training Program
grant in June 1 992, with Agency fimdingpfSl
The University's environmental education project proposal was called the National Consortium
for Environmental Education and Training (NCEET). The proposal included partnerships with
other universities and not-for-profit organizations, as well as support from profit organizations.
As noted in the. grant award, Null's goal was to find and develop materials that speak to the
environmental concerns and interests of different audidices—cuKuraily-drverse, urban and rural- :
residents; adolescents, and adults. ." . . . .
The Agency awarded.a three-year, annually renewable grant. The continuation of the grant for
the second and third years was dependent on yearly Agency evaluations that found the grantee •
operating a quality program that warranted continued support. The Agency did extend the grant
award for the full 3 years, awarding the University $1.8 million for the second year and $1.95
million for the third year, for a total of $5.4 million in Agency fijnding. The grant required a more
than 23% cost share contribution by the University of Michigan, or approximately $1.6 million.
. . • / " ' -
• . A ^ZB- FJ~~-* .2iJs--.5g54.~s-s- Audit Report No. 6100301
.-•'•'' I*.- '.. - - •""• .' *". 11 . ' • . - .'•'."
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_ ........ „
-if.il, ...... ' ..... •' ..... iii'i I1**- ............. » ' ......................................... ................ ' ....... ' .............................. '' ........................................... '. ....... • [[[
financial review has been completed for this grant with findings issued in a separate
• ....... - ............. » ;•'';• reporC [[[ , ............... • .......... " ......................... ............................... i ........ : ................... = .................. ; ..... ; ............................ i ..... : ........ ; ......... " ....... ' ..... : ............. ::; ..... ;;;; _ :;;;:;;:'l;rz''/;; .1
!«.;'• ;,-According to. the Agency grant project offioer.in EED, there was some concern over the progress
aireitj&guji; made by the grantee at the end of the'.first year of t&e "award. The project officer said that
= —fKQEET had" spent the first year planning and assessing iaiid. had taken no action to begin training
teachers.; EFT), the j^Jatipnal Environmental Education Advisory Cpjtincil"(an EPA acHspry
'•" coupcll), and the JFe^eraf Agency.Task JFprce ^JT envuon^enf^^ucatipn).j5valuafe3 the second
jfear w£ric.p_I^_&rN^EX.. Concems fiiDm these .groups we're addressed by providing comments
and requiring changes to fcJCEElr's fecond'yearivork'pian.^ The Agjfericy tien;eaended;Aejgrint. .
" ioA award of Agencyfunds% . ' '" "_• ...... ' ....... ' ............. , .......... • ............ ';„„•' ................... *„••,:". -: .' -., •';. : •
a-Sl,8
i ii in ii
v * . .. *• • • f^ . •-.'
In the'secqnd year, NCEET began significant product development (i-collection of workbooks •
itegJHJS is lErToplfapx), but still took no-^pnstoWd beginning teacher training. The same
.ejSiuatiori process was repeated, comments or concerns provided, and the:grant was extended
into the third year" with an award of S1.95 million of Agency fends. Around this time (August
19^4), an external adyisqry. committee' create!iby^CEET:-instituted a'formal evaluatiott of-the
progress that NCEET'had made in advancing'envjronmental education gpafe .on a national level
The e^erpjLl idvjsory board included members ffb'^npt-fo^rpfit brgaiiiisatipns cqncstned wiih
envjrqnmental education, other universities, -and private organizations/ The Agejacy project.
officer was an ex ofncid member of the cbmmhtee. He ittended meetings and provided input, but.
" did not vote on any issues addressed by the Mmmittee; ' ' '..'" .- .-' '•' "• •
j" 1 i ' •' " . . •• -
Although a'draft report of the evaluation" was provided to NCEET and the advisory councH in the
late'M of .1994, the final report was not released until February 9, 1995i .The report asserted that
NCEET had only fimited success and that the Environmental Education and Training Program
developed andimplemented twas not yet of national caGber." It cited problems .that would.
hamper ^Q^jrps ability to become an effective national.program. The materials and services •
produced by NCEET were.considered of ."adequate quality, but not well enough targeted."
milllllll".)!^^^!"!"' ' liinillllKJI'llil.tiliHli llllll"ll ' ' 'lll'iH111"111' 'llilliirirjlllllllllll'l'''''''''''!''!!'!!'!'!'1'"11111'11111'"111111111111111111""11" III"!'1'11' li'lllllll'lll'I'illlHIIII''"" '' III|I|N f „ , I' - *« ' ' i . • ^ ^ **, i «
!l"l.I!h.e staff of NCEET 'did no't agree with this -assessment and the report pointed out that the •
---NCEET sta|Fconsidered.ti^ program to be on track and making'a positive impact. NCEET was-
ss So! pleased with the report and did not believe that the report' represented a fair evaluation of
ai NCEET according to the advisory board's evaluation fectors presented to NCEET. NCEET did,
»=_fiowever? note=thaj |$ w^as relieved that the review process was over and that actions could begin '
• - 'iii'iii,,! i :« t;ii
Jillil ! ,i lillllll!!!::'1 ill!!,I* ! """.'.' "
« <' !iil ••'•••»'*»*»•! ^;.^wfS^*»ww«* ^mm m^ « :, =; ;;;:!::
:«»*Ss::KK!! S S^Swmm I : i " ;i &** « = w
iiiiiii!,iiS 'r11'*":'™,'i"1 i"1'1 '' 1|11111' ll! ' ' ' T'1 ' ' ' ,'" , .
!i|N|!jHii!i»
-------
ENVmpNAfENTAL EDUCATION:
. •''•'••; MIXED RESiifcfs At EPA
As a result'of the evaluation report EEB started, to explore whatitsf 6ptipns;were to address .
noncompliance with this grant/ At this point' there' were, approximately* sifcmonths left Oii'the -•••':
.•resolution of any problems. should occur at thji lowest level ^oSsiBIe; i:fe/A^en6yjiroj^ct pfficer /
•to grantee project officer; E^sHouid'.get ill p^^inYojve^ .in i^|ir^^]g;thi&:e^c^ri« Midi •'*
provide NGEET the opportunity j:p prpvide^rnpre in&rmatiPii ^d:be^"ieprtectiye;actipn? before ''
beginning to address noncpmpKahce issiies^; ; ''••;'"'. -{ ••':'••• vfiv V.'^'V1'' .''.".'• "' :
We believe that the; AgejiejF took •sctio^tcra^d/e^s^ to
; :-'
significant cbncems andrp:Yiraa$ay tnrou^;i^e ^(snpd t'-
affected the prpgress;pf the grarit. "•--.- '..: ."- -;.'' :>";- ' : - ' ^ ''•'•'••:*:•••"•"''
Although NGEET did not;receive.the award, of the second environmental education and training
program grant, it was identified as a partner of tJ^e not-for-pf qfit o.rganizatibn thai, was awarded -
the grant.; NCEET requested and reserved a o;iie--yeari -npnidst ejctensioxt of its grant According •
to the ^,EP project officer, thtexte^on would aUpv^NC^T to. fi^
environmental education library hi cooperation with the winner "of the second-grant award; .
NCEET considers this electronic environmental education library, known as EE-Lmk; to be one •
of the best accomplishments funded through the grant EE-Link has received several awards for
its operations. • . - - . . . •'-.'-.*
• * • . ' *" .•••.
Concerns Expressed On Second Award To . ' :.. - • •
The North American Association For Environmental Education . • . :
.In September'1995, the'North American Association for Environmental Education (NAAEE) was
awarded the second three-year, annually renewable grant for the National Environmental
Education and Training Program. • -The'award process involved evaluations of proposals by
internal and external evaluates with environmental education experience, followed by on-site
evaluations of the top three'candidates by EED personnel.
13
Audit Report No. 6100301
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I I I
ENVIRONMENTAL EDUCATION:
;- "MIXED RESULTS ATEPA
«ir innnt i i'1'll nil iilltillH il
f\ " ••'-.-.••••• '•
The 25 proposals received for the grant were reviewed by EED to determine if the proposals met.'
the minimum solicitatiqn criteria.. Rve proposals did not~meet.miriinium criteria and.-were.'--; .
removed fr,om consideration, -The remaining twenty prop.qsak,were'evaluated.by EPA personnel
involved in" environmental, education from headquarters prpgfim-pffices arid regionai.pffices-an.d
• one. representative frdmthe Department of Edu'c^tipn. - DuHng.the meeting; fdV we^ev^uatipnv '
some.of the ^valuators s^t^'tEat.EED personnel: def&telysjkpw44 a'^ia^tawar^theNA^JEE:
. "proposal ^tiring, the e^ua£pn^p,ro^|i:.'?d~r example, one iof 1he.;eS^i(ators sktei^..piae JB^D
employee tried "to iMuence'revieweirs towaroj tie ^AAJEfepr.op^satfey. sfr^smg h^ jgQqdtlie--- '-
NA,AEE D'ropoflt wasand ppmtinig put'other proposals tiiaiwi?re.'ndt-.as good.;";. Anptiier evaluator
-, note3 thai IpD w^5le^y."mbre.jsjccited" about'^e^AA^pTQpo^-^^e^^o^ --'.• :.'
rfipoinme^ed tftat'seven propps.als.be forwarded for further co^deratfqhi/.inciiidmg,qne whos?s •
eyaluatioascpre,v(ag fteost;dqufa& that of thenext WgS??t:s?P?&Hbweyeri:i:tpMiof ieigfife- v- .
J ^ropos||sw.ereforv^irdeii'fpr.fithepcpns^deratipnbecause'EBD.dectdiidfd'fpr^SdprieV =?••...
additional proposal bised.oii its own additionkT evaluation"after thtspanef was-cbm'pie'ted- .The---
s ": ™n * *, ',- •„ *•, , „ •'.• • ^ • » * — * . • , ' .*' •, *'f ti-1 •• „•* • •• • , *• '.•••.'" 7
sISo'res assigned to-the proposals by this first'evaluatidn panel, were hot 'forwarded to the' second
if t P is-' ' •," ' •* •• •• ' ' ' - '" : .."• •*.•••••-•. ••••••.••.*•'• •.•-•:- -._-.-,.... - .
—uanonpanel.', ••.• . • :.-••.-." '.-.-. ... .-.•••-• .-. • ,•• .
!i«5«'» -'*"""f .-.•<• . ,'.- . •• " ' - • -•••.'•••,-•*...-...• •. ' •. •
, .
M|can were^excided frp^the §raht$ evaluation t<3 insure "mipkrtiairy," Tiree" groups' were
llplo'eyaluaje the proposals,.and althbugh numerical sjMres.iwereniat asngried^-^adigroup .
.i^cpnsidered to be" t$e'top'tiiree'proposals of the aghtprppo^s.re^e^ed;.. Only
i,^^^'^'?^ 9'C^? tpp'tiiree/prpppsals'by all jhree.evaluation grpupsi--and
s the same one .that was-scoredthe highest by the p^e^puseyaiuatipn group, '
f8 Kf^PP^als weje tp be-eyalu4t^ ^.E^d^i^pn^siteVisits.. Thegroppsal.pir
was among the top three,.but wais not the highest ranked by either grpup.pf evaluators. •
n* ' " '" * ' , * ••,.•--•:. ,. ,• .. . .• ••".',' •" .
•
candidates, they made the final 'selection.-. NAAEE was. selectee*.
1.95 million, for the first year. In its decision memorandum for the
statedtfiat the highest ranked organization had not developed one of ihe best
approaches for implementing the training program and should not be considered any further for
I,iJS£award". However, the implementation activity was reviewed by the above panels as part of the
evaluation process. Despite some questions about the implementation activities,1 the organization
still received a score almost double the next highest score from the first evaluation panel, and was
the pdy organization ranked as one of the top three proposals by all three reviewing groups of the
second evaluation panel. • . • • ', ,„,,
14"
Audit Report No. 6100301
I 111
lIllilV
1 (In11! ini i
mi iiiiiiiiii iiriKirii « n 'ii
-------
Other concerns cited by EED ui $he memorandum wei'ejh.fe lac&'bfisxpertencff'pf tfrs prbject
director, in mariaginsz a national Droerami-the need to seek'aniiiraki^&^^
•ectpr. m managing a .national prpgj^m;..the need to se>k'and;hlrer k^;garF^r-|fi'^iW^'di-and::.
the'laWpf a'track record i£wpri^£^ '
Avr*oll*»ri+ ntanamamonf ft*£rn' 9n/*f '«inir>ii»AWf*?i»«**if A^f««J*M«vJ«'M I&::^*M^£r«T.^T*}_*j£'l£ J^. ^^!^l:-i^^li^LTiltJ wJr'i'Ji-^-J^ *A
j^*. *^T 7^. ^^^ : —;— t "^^ ~ *~ ~ „ _ • r.. ~~.~" ~'"~ T~ .,. "fj*. ^ ^"*.^T*.™""".""K*TTf •••^yy.*yj^^^y ****_^r^r»^^ iri "WIT^IH ^\j c^4
managing. thdNAAEE-pfoj&ct.did'npl wbrfc fpr NAAp5;i|t th'e-tmi&Bf tfie""evaluMibrfi- yet the" •'
need to.Hire .after, award was. not mentioned as(%prb61eni']feF tito*|)ropp&a^ aitfiprugh it w&s" *:""
pecificaUy'mendpnedasapiro^lj6itnfpr;^^ ." . ;
competitiye pi
coi^iqeranprfpfa:pnpF-^^KYejrord^/\v^
competitiye process and should, not hive Hetracf ed &6ni th£ higft^tl^rfeg propb;^: •"C: - "r" - - "
The advice bf overSO pebole ^tB eirwonmenMedfic^Ott^ .. '.
the "knovm-quantiry' and provide:cleaiy-.f
consensus of their evaluators:-:. -
EED explained that the internal-and eternal eyahmtipns are prdy one part pf the selecdpn ;..
process. .SBD said that the ai»|Kity of
outside their own cpnirhuhit
selection process.' ffoweyer;
concern
1 the selection process.
NAAEE has been involved with EED for several years, providing, contractual services for EED on
at least three different occasions; In 1992, NAAEE received a contract to write a report on the
status i
Council to use in meeting its .requirement to provide a report on th^ .subject to'
NAAEE provided the rqx>rt, but the Council considered-the report too academic to provide the
information that Congress-wanted and the report was not issued. - -
15
^ J^K Audit Report No. 6100301
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Ji|J ;l||||l|i|ll' T ' II Ill' 'lllllllR1 l|i 'I II'''' II"
'JllilllP1 "illlllllllTFIEiifl 1!!' HIM ili'll1'1'" IllPI'lillJlliliii!1*"!!!
: • :: : ;';: : ,'";'"';. i£ ;i ;.,;;;;;; ENVIRONMENTAL EDUCATION:
: ' : : : ~< I ' :, ", "' -^ ••- • ' : ' - - - -' '•' -• ^".:£ MIXED REStJLTS AT; EPA.:-
5 haiused I^AAEE tp revlew'knd evaluate grant'prpppsals for awards of National .,;•.-. •
of our knowledge. tnere.is.'noother, cohtractpr bes!de§i-the;NAAEE;'.whp'. can-, provide-high;. .
|ty aiici refutable eavtfonmentat ^ucatibn.expertis^and cap als^perfbrra managieinentny .-•• -.
jgpgp^..|<£gi^'put,there^uu^.'tasig5 mJ^s^^^^^^^^y/^^'^^ij/iJ1^;--
, ^ j.-g^^ .
11 !|! ' ^iS^^^^^u^|n5r^T|teV^fe,'._9jg ^e^tiiai|th^ pr^woui' soif sp.ujc^-jii|tificitipn fpir jtAAEE
,||||ftilj ra0a''iiS"""5"«• ^^'JS'"g^'i'^J^,^%f * T«*^-M**^ ^««•*«««««•«.' '+fci% ii'i nf'T?Tri i\ f r i\ •• •• J*'^"iai '• ii" 21^^. i^*~&:±'~.~i**flA. kt^VA- LJ L* T'.'V^f A -»W Jt *A^
*
==r^S
~z!*;;iinc
; -•; ;;„;;••; V~
=iEE:;;=-~
!!!!i"l:"!^ '•'• -.:-:^--'
IL • , ^K.TM^*/^^^I' ^*" *' *'i n Vi^ ii I '•'• ffr« • **^*^ —J^» '*-' ' "* * - - * "^^ *•• " '• • *'-* I1"_^J ^^•i.^!?_l?^_"i^. rtL T/W^^>^"*^^% j_l! •_! " '
apr
Prt
^
:;:;::;;^^^^^^^^^^^^^^^^ :;::prc|ejct WHa^, Ptplisct£eammg:.Treei ^d-Pjpject--Wei::-^r f • Vw j-.s-;..,":.,:•.;. •• _
... . ' i-v".-I .^t-vv-'^'. .'•'.'.'•V-?:-;^''/:''1''-'--""') •/.-''v:: •'••'.''•..-'• •V'".l-.~">-'sj"" "t .''•"• • •
N"AAEE incIudedJall'pf the above groups a&partneis in hs sucieirfutprpposab. -^ebelieve that
the e^ilatprefCTe^ ••'• ..
contracting anS'has cpntrfljuted'to the perception that fi^rr ^vas'bias^tpwarid'awjti'ding the grant
- to NAAEE, " ' ":,; "_' '•'":."' ' •: _'" "';„;'; ''^'-'L '"J^L ''.' ''^J'l I,,--" '-. " ~
. The ^n project officer fcSrltherg|ant belieyeithat NAAiEE-Is dping w^ll in meeting its goals-. .
even though the Fe^e^government..4^P^^-de|aye^'ap^royid of ffijfel^AAEE wpricplahj-.^hich
mi, impeded;^ some NAAEE actions; C^er.ejir^pnmental (sduc^tipii.personnel,' in'the Ageii^r anid'in
•Ijil'^o'tj-fpr-grofe grgftnfcationjs said ^hat.they hainpt h«^rd_niuch'abbuith'e grant ye$, an.p! noted-that
it was still too .eariy in the project period tp assess NAAHi actipnsv; •However, one mdiyidual in a •
not-for-profit prganization hwoived.in-'envirohnientai education was not able to obtain ' • .
• informatiori abpt|t the progressof the grant and was so curious that .the person joined NAAEE hi
hopes of'improving-access to u^ormation about grant activities; . • •
i,€ believe that the explicit preference expressed for the successful proposal consortium, as well
as the previously established working relationship with -NA A'FT?; foa_ cpntribufed to the perception
by niany environmental plication personnel ^«t EED's award decision was biased and that the' •
award process was not truly competitive. E$D has done a good job involving independent
16
Audit Report No. 6100301
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ENYIRQNMESTAL EDUCATION:
\flXED RESULTS AT EPA
environmental education personnel and experts in an evaluation process that should result in the
selection of tiie best applicant for the award pf the grant. .To ensure t^at ft doe>>EEI>: needs to
take, actions to eliminate the possibilitypf 'fkypntismj !'.' .• . *:••• '••: •""•.- '••
•• Agency Response ' • . • ,- - : .- ••;.';_.
The Chief pf Staff agreed wi^t^ •
of achieving timfly and measi^kpr^
; EETAP (Enyirobraental ^uciattip'n and.TTa^^Pi^&^pPTtj^''^th'is1he.
-.assji
stepn
arteri
in EETAP advisory committee meetings and C5ipfarence.<^!fe; cpnfernn^Jby •
facilitating review and input- from the ^atipnal-Environmental Education Advisory
Coim
-------
Ill ill 11 Nl 1(1 IP I III III 111
i«i|i i'ill 11 ill " lllllll
1111
ENVIRONMENTAL EDUCATION:
MIXED RESULTS AT EPA
., - .-- • . .
3-2., Direct OCEPA to eliminate'appearance of bias in the award process. .- • .
Agency-Response .•",-• • "
~ T^e Ch|ef of Staff condifeinally concurred with "this" recp;^endation.'':vEe.agreed .
s^I—IJ^ that5 is critically important to avoid even the appearancVof biasVin the award-
mifllllllf'''!!'''!! 'JllllllillJ ,*!," mugm pniiiNi'ii NIIINI. ,:!»:: *'|j t iu ^ S ,, * • * * ,• *"*,*.*• • * *• • i f " •'•/: ».-*• ""-•'» *•"" ** '' *
" ^fXiK^ Er?i«ss; li^ji^si'tkaft'tk* J^°*tferai process to identify the'top threb1 proposals
" " -• - yeajCTeJss^pfgggjiprQJi
Agency, to make the; bes
_ ^ ^^wffl'nptidentify/sp'eci&c^ ____
H;jigi^g"jg^i^iy)|^gji.i jjj addMoni. internal guidelmcswi.il be d'eyelppSd'forthe1 award" '
•;:^ thatewn ^9 ap^isarance of biaS i$:;\
: : QIG..Respo}ise "^' '„„' ' ' ".- • ' .-r.:' "V"" ''.'.'.' • , , :''"',' '
1 . * "" . . , ' . v ••
~~ '^n We agree with the Agency's response. - -v ." • • , . _J"'
[^^jiirect QCEPA.tp;reqaire clear and..compell|ng justification to.selec? other than, the first
•^~IM when fKe pan'gF °f gi^mmead'efmratu^^otjit; education pjefjoiigejiaiid' gx|)erts have ranked • ~
first choice fer above'cithers/' ' '•" :" "• "•',"''."•"'• "":; \ ' • ;•:" """."" .
i, - - v • ''• r'„„:,'..! iiA -., ::••;•,., ,„. :r ,••. • .•'•• '•' " ./• ••,-•' • •• . _;
.=..- Agency Response _. • .. _ ''.-.. ."'"•'.•:
•,:" '' ••''."}"?. •". ;;,=;;,. ' . 1 . , ,- ,_ '.• ' • ' ,*-.'..
. The Chief of Sta^copctnredc^ndMonaUy'w^^erecpnmmd^o.n. He agreed
•_•;;;;;;, v:,|o, examine' the sejec$p^p;rocess. tq detenmne Avfaere'and hoi^f ^e/procedlire]s;and
•review process canb£tigitfewd to (eliminate a^iy appearance'p"f.biks. .tnFkddMpn,
|^^^
^'^^^^^j^^^'^'^^^oiin^^x^^txxis: •Hp%eye^' he stated that ttile first • _. •
RK:j.mHa!f^i% panel conpsted of Agency participants fromlieadcjuarters and the regional
ill;:;: ;r^Y|@j£cejM^^ chose not to score the proposals numerically. Instead, they chose the
^EF^ll^lir^isS proposals and.categorized'them as either "exceilent, good, or Sir." The
-—-^^"secoiS review team^had'representatives from other federal agencies, and.members
i!=^^^^^^^^^ external Environmental Eduiiation Advisory Council.'"Thi-secprid panel -
l^ii.^rMfgijSc, wh^ethetop three proposals recommended by the £fst panel had. ' •
:;j;^^^^^^^^^ -. •
''"'"'"^p!ressed&mng EJWsate^visits. The second panel ala
i,' nW Illliii: I1,:.il'ftiiliiliaiih'H'iH11!""' Wllll"''"'"»' '*'|h l«
::--: 18
Audit Report No. 6100301
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ENVIRONMENTAL EDUCATION:
MIXED RESULTS At EPA
proposals numerically: instead they identified jtwo as."strongest" and the third as •
/• • - • • - •••''. ••""•• ••;•••' • - . ' '•• .- '•" '.'••' •• •.•-.•;• :
fair- . ' .''•„•""•..•.. <••":. M^:.•':-....' ..'•-,./••.••-•%••.• •
OIG: Response
mencfatipn. We did not receiw the ^^^&do^^^i^onA^ss^y:i^ support
. .
repb'rt tp ripterihat._^&ni&encj^.scp^eS ^pcqt^i
• the second panelaiid ^.at'thp secpiiii gajiei.did.ipL
-
-assigned to some of the pjfoppsa^ by ^ first pa.
Qt recorded numencat scores
f .. ., . _ ^'Jv* *• '* • , ""•-•• .- - ^»_ -v.t • "*, . .'
review i
^ Environmental |i&
seeking irifofmatiqri pa thfr grant are aBlfttcrptta^ :*
available to the bternal Environmental E^uc^^hA^Y^iy Bpardi ffieyF^e^Tisfc JFprce.on .
Environmental Education, the National EiiyuT>nmental E^ticatipn Advisory Go" until, as well as
public i sources of informatipn including Use of computer ;netwpr|i?Si
Agency Response .
ways to dissen?inate/prbjgress rSporis and other mformation to a broader audience
of both internal and external st2kehpl
-------
ENVIRONMENTAL. EDUCATION:
MIXED RESULTS AT EPA
lull Kill1
CHAPTER 4
I III 111 111 111- * J.-..' ",. • .-' '..'.-.• . • -
SECTION 6 ENVIRONMENTAL EDUCATION GRANTS
, • CONSIDERED SUCCESSFUL '.';-".- ...
Section 6 of the Act djrects the-Agency to enier..intp-a. cpoperatiye.agrwmra^'.^pntrac^ or- ••,
provide financial assistance; m-the form ofa grant: to support projects tp/d^igjnj.iiemons&ate, or-
"•^disseminate practices: .methods; ortechnibties-rekti^'ttfSnwonmentai'e^uc^tioh andirsuning,. '.
* '' ' "'." "•••*»• ' • i *" * ** «,*"*r * * . •'• ••*. *'*'•* • "- i *!»T .'•!•'• r ™rt . .*'.."•-"»i' *,* • . **.!"""•"**r j"- . * •" '«*•• •' ''• r* * "*•".*"" "** '; '* -^" . '
federal funds fog this; se^pg'cannpt' ^ceejd:75%'ofthe total TOStpf/eicaprpjec^t^^^^
^rgrahls finder this sectiptt cSmwif exceed 5250,000; ah1d'2^^1bf"aitn^d&lcib^ '
~"j!iJij:Jy' 1000'grants'under.thispiEp'granf s'mo£i^ ~ ~ ';.'} J:
• „;:;:£:_;";"""" ' •' •• 'r^'-^i''^'^-'^'^^^!^';-'*-?^ ;'"t:;':-""'"' "" ' •""
,1!, .^^^^Te^^^jn6Te.^il\(^'S^^19^^^^l^|S^sdtojtt 6"g^a^|ia^^jDiia]uc^nental.' '
I'1'1' Iglmgle driwn_ fijorjj 3^ta.g5Kmed'^6jn 'ithe-^genc^s 'diC§ §ystiei&.''TBe grafe gd|id|i''awards .
frcim headquarters' arid- ihetegipfls.- Were^^ie^g^te^dpro|<^'pffic«;:S .
rVrtfVJiia!p,rs> >^ealso" coi^jpje^^onfs1tjs:nshs tp't\Vp gfa^^k.perr^pnjndi^qit^
it least two/additfpnlf j
on'yie" grants "p'rocess-; ;":
G^rants Award Is Verr Competitive •
There are approximately five applications received fcr .every award issued under this gr^nt
program, EED issued Section 6 grants guidance .in April 199<5 that'prpyides ^bpth grant award
and oversight direction: .Generally, the "Agency .hks 'est^Iished a roni^etitive a^ard prpcedure
• IB includes, internal .and extfer^'eyy^tilgaofg^^j^^c^p b^pre'a^^4':'pf grants. '""'
§5'4l!i&PJJ0b the "exact procedures vary, headquarters and'thg .regions foflp\v the same, basic process. .
•nii|B ^Grant applications an? received, .and reviewed for proper grant -information. The applications are
th'en evaluated and graded by Agency .personnel involved in environmental 'education. An".
evaluation is conducted by environmental education personnel: external to this Agency, a.
contrggtgi,handles,the evaluations for headquarters, while most regional personnel use their
environmental education points of contacts from various sources (not-for-profit organizations,
t Universities,'etc.) and from'the states in their region to conduct the evaluations. Headquarters
awards grants for amounts between 525,001. and-S250,000; regions award grants $25,000 and '
less. The regional awards must include enough awards of 55,000 and under to meet the Act's
25% of the annual' obligation requirement ' • . -
i • t N, , -" ' ' •
_ZHH '• " : lr : : : "'"'".""".1 '. ' : '• ' ' Audit'Report No. 6100301
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ENVIRONMENTAL EDUCATION:
MIXED RESULTS AT EPA
Once:award decisions have been made, each "grantee is contacted to. complete all of the forms
required in the application package.,-;; An Agency project officer is assigned. Headquarters awards
may have project officers "assignai;^pm headquarters (in EED pra program office) 'or from a
regional'office, for grantees located in the region,- The regional Environmental Education
Coordinator is usually assigned as the project officer for all regional awards, though some regions
assign project officers from other grogfams in the region. ' .' v
Agency Oversight Of Awards Is Minimal ... "
Oversight of the grant isgene^ilymfnirnaj once the. award is completed; • There were no site visits
to grantees by grants specialists, and very -few .by project officers. Most of the project officers did
make telephone calls, checking with the granteeat awards- mid-term, and at'the end. of the grant -. ^
project period. Many grant awards includejci requireinente for mid-term progress reports and final
reports, as well as produces. Theise.requiremehte tyejre generally me^ .thougfi.np^always in a
timely manner and not always without foUow-upv TJife imnlinal ay<^|h|.drdt occ^pnally miss
major problems wjth the grant tl^ ne^ed^tdrbe khown:^ ^erA^fti^prbje^'^licef; The
Agency project officer was sometimes 'able to work with the. grantee and provide a no-cost
extension to the grant project period to allow the grant, purpose/to Jo& accomplished, We found
that despiteihe minimal oversight^ the grant projects! generally met. the intentof tile-grant as '
awarded. ' " ' - ' . .• '
Some grantees also.indicated that they considered the EPA oversight minimal, and would not
have minded additional contact Other grantees voiced corice^a^utiinreaspnabie. '• .
administrative grant requirements. These grantees were often familiar with general grant.
requirements, but were not familiar with the detailed administrative requirements of -the grants and
considered the requirements excessive. The following example illustrates what We believe to be a •
common sentiment among small andfirst-tinie grant recipients. It was written to ar Regtonal;EEC
by a $5000 grant recipient. . - . •- ' " •• :. .
...we received almost an inch of small print legal documents with which we were • . . •
asked to be familiar.... The truth i? thaVthe-cost for the time our staff spent .
managing this, grant has exceeded the amount of the grant In part this may be
because I am new to the EPA grant process. But I am confident tfiere are some.
practical changes that can be made in the process that wifl allow these grantstodo
more. These grants can assist us in reaching achievements of immeasurable value
only if they do not cost more than they provide. '. '. •
21
Audit Report No. 6100301
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•IIPH^^^ iiiiiiniH i I.''I<^WH«IU! iBiiiiiiiii'iii » i"!1
, , • ' •• • •'!»• I , > '" '
'"41"1;;"*!!!' "
ii'ijij • '
MIXED RESULTS AT EPA
iiiilW^^^^^^^^ 9 • I >. i
t'^HM:
Sw^E|6s."or grants speaalist-in most of the regions were 'critical about spm? administratiye grant • '
s^BBT^iirements. One EEC indicated, that a S5,000 grant requires the: same; kind of oversight as a '
f?^^-j:^iO^£22 SI?11** ^ S?20*5 sp'ecialist. explained that small "and fii'Sfe-tiime grantees were often
fifeilsanamW^'^toth^detailedadmimstratiyerequirements of tiid'-gjranl'.ind'cgd ijot have ihestaff
requirements. :,The Act" does not provide; any relief from statutory grant
^^i; applyVeg^
on guidance to streamline grant reqiiirenients for smill grants. An early. .
of tlie guidance states that, "in snme'trjgtant^s^ ftrfrpinfstTativjg? ^d'doAVngnf?tion require-
,, pgfikly impecie the performance of sinali g^tfecipients.^.'iSAall'gV^its are defined" as] not
_ j • iii , mg3|ng'.SIOOjOOQr which..wpuld include- most of the 'g^ts-awardiid. lindey-Secfiort 6 of the Act.;
SSBflKrlD^evej; Ae Ajengr^stream&ing can only address1 adjimniitra^ye gf^0qiuVemenb tiat ^re not
m/im essrsrsi::1111^^^ ^y^ ^ not.befieve that mzny of tfie grante^'^ntferns^will Ktf anevl^ectby
f's streamlining process alone.; 'Statutory relieifmajr'&e'necessaryi 'Iii'.additibn, we •
that a cleai:e.rvexpl?natipn of-the- adniuypistrativegr|nt requirements prior to grant award
wtive grantees, ^..pamphlet priocatgrints wjorkshdps-are ppssifale
||||||i|il|||||l|!|:||!<| liiiiiiiiiiiiiiiiiigiM "I iiJlllll]illllilllllil'!l*ii:ii8i ' in1!1 Jl »' Si ' ?' *" . " I ' ' ' -, * "*^ " C * ' *' - ' '""
SRSssffliimrB'"'M ' "''iiii'ir i i* .» ,'. IM ' ' " .. • ::""?;: •'• • «• ;
ecomplishnients Are Considered Successful.
—'
^—a— —^ Grant Producb.IrLfmited ,
,; ,; ' !!W ,
_ional EECs were favorably impressed by what some grantees could accomplish with small
SSSI'^S^aDaio^^i fne DIG review of reports, urthe Agency pro/ect officer files knd s^e visits to
' '" s?=.'s»=: ;«i;^«*^j»»,»+ mpj|grpteesaccompl^iiedthe grant prqjects.as jbreserited m-thegrant'
ions-, ^jiiere Wens occasional diSferences betvyeen.the prpppsed product'and the final
ss£i product, but unless ;|||r£W||i,,,ii|a|pr change brought to the attention of the" project officer, there
=5 were no amendnients to gjg.gj:^, j^ fong ^ ^ gnlnt-project advanced the environmental
""" ;' | ^ucation pjograin_,and was,,;within the framework of the original application, project officers
s^i^^S^ accept the final-product " • • •" ''
5!iif!SIS "i! liiiiiSL' 'Si"! f I; ii iiiiiiiiiiiiiHiiBiiiiiiri'iit'ai11 iiiniiiii|ii|i..' * I'lim1 a IP i»it I
_ iiiiiiiiii, - • •
EC1!" Some of the grantees,, as well asAgency environmental education personnel believed that the
products should be mademore readily.available. Increased accessibility would help avoid
.
duplication, and would allow more efiective use of future grant fundis by'having products already
available to be built upon fay future grant applicants. These are just the types of
I^Mties that ...... the ..... Act ...... enyisigns ..... gFT) performing. Agency environmental education personnel
&Qnt that ^me of the products could be useful in their programs. Under the mitial Section 5
:ve
' •**.*
a K'gfifii; NCEET.maintained J£c^i;d^ sfesul.ficginplaiy, grants as identified by regional'coordinators,.
i :iii IB ifiifsifie •
22
Audit Report No. 6100301
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ENVIRONMENTAL EDUCATION:
. MIXED RESULTS AT EPA
as well as some grant products. But the few individuals who were-aware that NCEHT had some
of the products had difficulty obtaining access to thie products £r.qm NCEET.-.' . • •
In its April 1996 grants guidance, EED stated .that headquarters would develop, a prcicess to .-
evaluate the grant products and develop a strategy'fbr disseininatipn. However,' EED said that
present resources were not available to even develop an inventory of the grant:products. PF^
plans to award a National-Network for Environmental Nfenagement Studies (NNEMS) grint to" •
begin the inventory in the fell of 1996.' - ""••/. . •
Although EED plans to begin the inventory, they were concerned about providing grant products
when no environmental, education standards existed by which the grantprQducts could be •-''
evaluated so that, only quality products would be released: "EED" noted that NAAEE was in the .'
process of developing the environmental education^standards' and th'ese s^iKted^ would help in
evaluation. Other Agency ^wqnmentaLeducatiqn personnel did'trpt totally agree with the need
for environmental education.standards to evaluate tfiegrant products; As one' individual noted,'
programs which, couldbe adapted to '
available because environmental education standds:d|d: not exist was nbf acceptable^ WS belfeve
that enough-expertise and knowledge exist within EPA antfothe^Fede^agi^cies'td use exiting
applicable education standards.to adequately evaluate many Section 6r as well as other Agency- .
grant products for use in environmental education efforts even without formal environmental
education standards. . ' ' " " . •
Headquarters/Regional Grant Award Categories Should Be Reconsidered
Presently, the factor that determines whether headquarters or the region-awards a grant is the •
dollar value of the grant If the grantee applies for more than $25,000, the grant application will
be considered by headquarters. Grantapplications for $25,000 or less, are evahiated for award by
the regional offices. In addition, the regional offices must ensure that 25% of the annual
obligations for all Section 6 grants are awarded for.not more than $5,000, in accordance with the
.requirements of the Act. In fiscal 1995, headquarters awarded approximately $1.1 million, 36%
of the almost $3 million obligated for Section 6 grants.-The.regions awarded approximately
$190,000 each, totaling $1.9 million for all ten regions. Approximately 40% of each region's .
funds would have to be awarded for grants of less than $5,000 to meet specific requirements of
Section 6 of the" Act. . ' .
Audit Report No. 6100301
23
-------
„, . 'fgfSS
•
i ,#,,,"'I1*, ''ili,illllilll!1!'LUIS' I'll1' ! ""'
, (itill '.i'f JlillHi IB, iK! I «' Mt'lfnC: "II
ENVIRONMENTAL EDUCATION:
MIXED RESULTS AT EPA
' ' ,
regional personnel noted that their Section 6 grants programs were at the point.that
:ditipna| Jfgds for regional awards would be-helpful. These, regional environmental education
^|a|d tKa|,they vyere not able to &nd some worthwhile grants because the requirement
' tharj ^OOO^grant awards had to be met.. We discussecl the possibility of raising the
»i i ' , - __^.t" _ *- • *Trt>f- T*^»T^ _f?J *_1 _ .'_! M*'^ Jf !_•_:_ ^.1.
gi tianjdle^the increasM w6rHoadthat,theaddjtibnal funding would create. After a;ward,-
ogjcer duties for the regions would not be affected as nwcfrsrnce?many regonal. .
environmental education coordinators served as the project officer for the headquarters grants if
the headquarters award went to a grant recipient located in the' region.' •',':'.
e believe that there .is merit in. recorisidering-.the workload split for headquarters.and regional •
Section 6 grant categories. We found no difference la the process established tp ftVrew; anii
evaluate grant proposals for award between.headqijarters-and- th'e regions. .M addition; some •
headquarters grant award projects are actually performed on a local or regional'basis with project
"officer oversight assigned to 'the regjonal-'EEG once the grant-is awardedl SindsTegional EECs
HI nil n in mi | n ill I 11 11 III II Illlllllll fff ' M • * i *' . * * *" * ** ' • ^^ • •>-—...'» •,.* — •. , . • . +*1* •• —p • • .- •"•; * *J • * * •' • •• J"r •• - *" *
are mor^e jSmflfar wjthlpcjJ'aridfegjpnat'environmentai education needs* we believe thiere Ls
justlScatioa for. the regions to prioritize grant ;appHcatipns for aft Ideal and regional projects, with
Headquarters addressing national, and n^ultirre^ipn.al awards. AdditioiMyi.tfie'Sectioft 6-grants
program, which includes significant regional involvement, is .considered1 to be a success by
environmejntal ediication personneiinsicie and outside the Agency^ • We befieve'^iat the regional
• involvement cpn|rifautes significantly to the success of this program, and- increased regional .
involvement shpj-jldLenhance this success.. •< . . ..." ..
,* « . • •
Recommendations . , • . '
Ill ( j WjljH jjjlj " J, I '
We recpmmend that the Chief of Staff: ..." .
4-t. Direct the Office of Administration and Resources Management (OARM), Office of Grants
and Debarmeni to continue efforts to 'streamline small grants administration and direct OCEFA to
seek statutory changes for environmental education grants less tfcm 55,000 if necessary to allow
the streamlining to be effective. ;... " ' . • . ;
i "" ;" \ ' ' ; ' • '
Agency Response • • , .' .
The Chief of Staff concurred- with this recommendation and agreed to work with •
Grants Administration to streamline the paperwork burden for small grant • •
applicants. - ^ '-,'-.
1 '. ' 1
.- ' '. ~~ ., • . •• - " ~~' Audit Report No. 6100301
' " . ' • 24 ' • / • • - '•• ••
i 1 1 I ' "
i il"
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MIXED RESULTS AT EPA
'.O.IG Response ...
.We agree with the Agejncy response, -
Agency Response-; • '•" ••: - -.:
wftfibothini
and seek.wa
OIG Response:
••-1.1"
inse.--. -v
4-3. Direct- OCEPA to determine thempst efFectJve; means.torcbnipile'a-'^ectiotriS' grafty product
Ost and disseminate me infbrn^pa for use m:pther
search capability would bijh'eipfuitfthe list is computera^. • : "• ';. :••"".'•
. . . * rf _ - . ..-...»_..-.• , • _ . -^ . . . .. ^- .; ^ . . . _. . ^ , ••'.,*
Agency Response . . . : / ^
The Chief of Staffcpncurred T*ath the reajmmendatipn. He stated that the Agency
• is;
that wiU include efforts to ide^tiry mc>dd
. and Science .
Education and EE-Lihk. The completion of this effort is anticipated in 1997.
. ' • ^ /
OIG Response •
We agree that the Agency actions are adequate. However, we suggest an .
inventory of Section 6 grant products also be completed. The inventory may be
useful to other program offices within the Agency or other Federal Agencies in
avoiding duplication and providing a base that can be built upon in the future.
25
Audit Report No. 6100301
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. ENVIRONMENTAL EDUCATION:
MTXEft RESULTS AT EPA-
OC^A.tp allow the" Regions to award all regional and local grant projects; "Award '
''
IjiiiHIii iiiiiui iiiiiijiiiiijiiiii-;
•
and national projects only put of headquarters;'' Develop a process; to determine
'ejsioji 6 grants funds will be apportioned among the Regions and-headquarters.
• ••• . • . -
' the-basic conc
* -• • •
.
aHdnV?. :.-.
*" '
j ^ ............ ~ ' * . *• " •* • , *v • **• ,* * *;*. -•• •.., •, *• ;- - m ' *r fi » *. JJTV*- "••"*. * ,*" ^ *'-. • • • ••
- Howeyeir, the Naigon^l Environmental, Education Advworjf ipoJi^iaf^and odiers &'.• ' .'
in HI * iii IN i|i
.sffies'estabfishjejju^^ -apply ogly'viatiig
. and icfcalefibrtSs-. BasedOn'the/AdVisOEV'Coiiofeiir'S recnmrncii^aitfdri-ftCPPAifca's -•. •
• ^w *»**v « u ,^-^.j * tf+ %*",•*" * * . IT" " -•" * • ,* • * ".." «»rf*
aTrwdy bjsg^'disc&ric^w^ -.' •-.
theEY 1997saJMi^qna^ ' . •'
pomptrbiler'sOfSpe'tq'deyelop.abetterpfoc^--i:i ----•^--•c'-^-^ ^'^^-.^
fbn^s between headquarters and the regions.. •
QIG.Response .;
We? agree that Agency's actions are adequate.
26
Audit Report No. 6100301
S^'l!W^ili"liWte^tyMWi 'mi im^?- ms Eii| m m>Sl' ' ': ' •• ' •. ;
-------
S At EJPA
' '. ' - ' ' '"''.-.
•- - •• •••- CHAPTERS v-'j. v.^q.^,-, ., ^>';:/-" '•• -.-. '.',
/ ^ :--^^^ •'•
I^TOOiraF^ ..., • .:
STUDIES PROGRAM DOES NOT J^E^TJBfe^OUl^^
• • .. . : v,-4>-..Ji-J.-,-iL__i.-n • ;
.' 5-% ' " ..-•• .'~ .""-.. '-.-T
• to.suppoit salaries an
.. .»*:-jv.**•?». •-.'.•?"•;>•: '-*-:^*t -"-^ —
• ''•,.-." i V^* •'•.•''•"'=:" ^'-'V;.^--:v-^
.-,• -: 4^^^-^iK-^
. ojoit&jEBE^M^lffil
Coiincjl kunniai^:0e^eixishig.:^^ feilp;^^^ri^ty^^e^pfS^o^ ;v: '
descfibl E^A's ^a^^Net^oric f^ .'
EPA's accbmpfisiichenii.undeV Sectioii.7. ftis Ifi^^f^ov^gpra^^raai^^^EED
smce>l?9^is d^gned^prpvjd^.^
directly linked' to their ifi^fd'bf ^^^^^6^^^:^^^^^ 1995, EPA;awarded 116
NNEMS grant^ worth! ^10^^" As olJ^ify ^l^^
• ., • • • - • ,*^.T ' ""••••', j: • — *" * r" • * •.***«" . •;"•"••—.—--, " *• 7 •"* «• !•; •' *.•*'
grants.\vprtii$302,662.-' •;'..-..' , ': ":'." ' •"'-'
The NNEMS program was established prior-to passage,
Act.. Itwas not designed to,'nor does it,^'niest the Act's; 'reqiarer5«|s? .Flr^-tfie e^gi^flit
requirement for NN^B^
Art states that mdi^duais eligftle for mter^s^
universities vvlip have^successfully completed hot leMth^^urcoiir^prthe-«iur^^in '
environmental sciences or studies, as determined .by ^e EPA .^iministratoF. While the fiscal 1995
NNEMS guidance required completing four courses in an undergrajduate program, it did not
requu-e to toe cpUege or umve^
accrgditetipn re^uremeriit, and no fpur cpurse^rpqturenient. Jt .nie^ly Require? that students be
enroUedl full- or part-time at a four-year.iiistitutipn in aun academic program directly related to
pollutipn abaterhent and control during tfee tenure of the feUowsKp, .
27
Audit.Report No. 6100301
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•Ill Illlllllli 11 IIIII1111II Illlllllll II ill Illlllllllllill 111 I 111 Illl. Ill III lllllllllllll illllllllllllllllllllllllllllllllllll lilli^^ Illlllllilllllllllllill I Illl II llllllllllllllllill^
. , I
liillil IPilTlilil T IIIIIIT I ' IPIViil Will illllllllllliill lilllT''! II rillMllllil Illllil ' Ill II'
nil il'll'li il1 II1 1 n1 Illlli ill I1
ni ii i til' i 1 mi i, 1,11 iin in1 iii inn ,11 1 HI iiiiidiiii HI' !J if
111 Illlllllll II I mi 111 111 Illllil II 111
Illl II Illl II
JENVIRdNMENTAL EDUCATION:
. MTXEfr RESULTS AT EPA
Second, Nl^EMS fellows are not required to work in Federal agencies, even though the Act
. S i Si " ;• ' '•«• ' • : ! -; ; •- :'""; -: '' ". '•.:.'' ••
^tesi ,; ; ;" :. - • ...... -.\. , ; ',-'•: ;; ,.;... .,'•.. •
flllflifl^E'e pwpose"oTmternisE!ps and fellowshipsi..shali be to provide college level
'''''' i'' """'l"™!'"', ',i!!''l|SlJ|r'i!!!'iii HI^TM FT ,S * ° * * i . "•»*~'.^'""l. ' • % • " • f "';*,'''' "«"„'. " Jlr* . * '
* " :' ' ':' -
e |Sgen; andd2 'te
,fii3|^tiyaie ..... e^uivient'r;si^?^H^gfOT.
sa ....... Sevote
•f.
''"'.'• ""i':'1:]1:11 ' • !
Poor Controls Permit Abtises' df The NNEMS:Program"-
We found poor controls overihesdectiGn-and compensation r"™*"
also found.
Of The Selection Process
,e tifcD process for selecting NNEMS fellows begins when EPA program managers and
• Illl ..... iiiiiiiiiiiiyiiiii ............ lIllllllilllll'lllllllllli'iiillHIIIIW ...... A [[[ -> •* • ^^ *** , . ^ • i * ** * • .*.*•* "• * "• ' . ." . ' * t .'•'.' ^r " "" • • • "" "•"
mm 'scientists develop projects that, thei^offices will:support iii the coming^sir^ • itwi 'j^pjecis.iir
.
!^! ..... MSiMS Program; Catalog; wmcfris ih^tnKtit«lfo unrvisrsrties: S^idents
p^gnppete for feowshigs b^' submitting' worfcplah proposalsi T^rn worfa'throug|i:a-cpntract with'
.erjcan College f g^g |o screen students based on EPA-develpp«l criteria. The final
iiiiiiiiiiiii i i inn i iiiiiiiiiiii i i iiiii in i iii iii •
in iiiiiiii i iiiiiiii i iiiii i i iiiiii in 11 iiiiiiiiii iiiiiiiiiiiii ii j iiiiiiiiiiiii
23
-------
ENVIRONMENTAL EDUCATION:
MIXED RESULTS AT EPA
selection is made by the EPA manager or scientist who develdpejd th
-------
'1'!!!!!!!!!':1""^ 'I!!!11"!!!1!"1'1!1:1!1"!":! 5SJTJSHS5S29 • ! ' I111"11"11!''!'
jiiijiii iiiiiii:ii ^i! inl'iii'iiiiiiiii! 'i!•', '] S IsELi1 j lin !» ''el'1».!' Iiii'!!i!iiiiiivii!ii'l>i1iii'ii!!i:!ii!jiiiijiiiii niiii'iii'ii!! iii!!iiiii!Siii!i!iii SI!!!!!!!!!!!'!!! il!'! ^nlnZlhy'"!!'!'
'' , I.'' ' ' . I i^^ .
planning/pollution preventions The student's5 assigned tasks included-preparirig:a. farochurft ^to be- * .-.-
*K .................... », ** * T * * ° * « * * t V i*4» . * * * *r* r ** % " .'• •* *^-,* ^!j * • ,*J* . • . • , "•*"_•"* •'.*'*•**.." * • ?*. .• -*^v .',' • *" ' ** * ."-*".••• •
. .
• grantej pluming ^^o^Pollutio^ •
-•"distr^qte^tpEPAR^SOfe^'empTlpy.^^
terms of eftectiyeSe^s' of spread^g.tfefeWprd .p^ 't&e nn|^rtan^^p£gqiliji$pD: pf gyentiptt;:"^ •.'• . . ~I . •
=~=^^i : ................... ' ....................... ;%"; : / ; .->. ;; ;-;>^ i. ;.:,.. ..•+ , "^ ^:- : "^ ..^ _ .-.-. ;/ ->.^-= . :j .<•-.. ' ,-, ^ ^--_ ;>;.;. -^ , ;
Anothe.r ESD J995 NNEMS-feUowhip alsb" u^otyeU'lujjIictiutreacbl. The 'sttid.ent's,fuial report
: 'idjscnbed her accpmpIishiSents as fellows:' ' '••"""""". 'X^' ' '•/•-. * :-. . , ,.
......-. . . ..... .- .
matenilsj; inchidig mfprrnaftpn on-the "3rd-. . .
n^^^^^^^^^^^^^^^^ Spje"c^ealyV FtitiHasimy p'uSHc rdations. 'sldlls to. •
_ ..... MW,«V>T ........ ! ....... '••T^;-'1" ' •-•'•••• . . ""• =•- - -s'.r:..., 7.-; 'J- •••••• P.r-''Tr-.:-it. y1 . cw. .—:••..•.— •;• -r-i> •-.---. V''^'* •'•:•''? •••u -"*vfi.- •
-
_ . -. . * . .
• . .;
=^ \
student's application, for this fellowship rndicated thatun^erprw
been awarded ner fo '
''""' "''
,,, ..... - ..... . , ., . ,, , ,
ther example of using NNEMS fellows as employees occurre4 at EPA's Western Ecology
in Coryallsj ....... (^go^ which is part 6f EPA's .Qpce of Research'_and Qeyeiopmenr
' ' '
_
(ORD). The letter of recommendation 'for a NNEMS's fellow curr^^yworidngm the lab's.
«• ........................... ..........
^^^^^
ij,'1 ; |
ihillllH
,
• - -
30
•
. ..... • ....... (fill! ....... iiiSiii^jHi^f'ib^iii'ft'ii ...... iii; ..... liin^^^ ..... ;;!,::,iiB:i ...... ' ..... i;nn ......... »sga ....... ' ...... KB ..... . ...... ...... i ..... iiiiiu ........ iiiiii-i iiiic
i iii ..... W'T ^ ..... i'Kf'i ....... ' .nn'iijM • yi ........ ii1 1 IIHTM. ini ...... vir.1 nuiiiiv 'TIII'I I'll ...... i11"?1" ' Mim ...... 'viiiiiiiiiiiiii ...... ipnii1 ..... vi ..... .n'nw 1 1 .11 '. v ....... 11 iniidiiii'.iiiHn11' ...... un
-------
IVfTXED RESULTS AT EPA
TERA. facility2., written by the ERL' sponsor, -clearly indicates, that tMs §tudent is. dpuig Agency
work. It states that: " '. ••'."'.•'•' •'''.' .:.."'•/'" \~ '•'••'"' ' ., •'."'• '•' •'•"•''•••••• . •
been respo.itsible for all'phases of sjjstein- implfinientatibn ^mq^g^isteiniimhgiiecessa
tO'lp'A'squaKty assart .
standard dera^.rcdi^ t6:OTml.:TtH the A/ reeMfe; V;-'"F''-';'. : r • v; '-
'^^^^'^^^^^'1^^^^^^^'^^.^i^''. '
' supplement Agency FTEs. While tKeire is: a 'ciec^^^a^l^^irw^^m^^^^iaiiK i&fecj. gained.
Mf*A££«••«•«*»••«« •• •> iV<^'nrir»»^fT«-'if-h'jr •r^-f*^4-'n • . V'^JBM^ **ff
beeii awarded:- That being t
NNEMS Stipend A'mounts App
ftrary
^^;interaB§"c^^ We fi>und.that there
' • - • - * ' . -
are no established standards fijr etemmingt ^prbpiiwdte c^MpeSsatfpio?
Presently, NNEMS; feUpwship amqunts are set by $Hift sppp$pr/ jn the Offip^ of Regibnal Counsel
example cited above, the feflpwsMpsweriesetby:d^<&igaya^
fellows; /Each of the \2 fellowii recaved S416 for the month's Work, because*$4id Was ali'thit \
the Office of Regibnal Counsel coul '
. . _ iiif .... ••.•••.»».-.'•
.In the"aboye BSD examples, both students were sunHarfy qualMecL Both were undergraduates -
with similar gradesj'bottf Worked fortfiree'rnonths dUrrng 1995,'6oth^performed; similar work for
ESD. .One fellowship was for $4,500;and the other was for $6,000.
2A TERA (Terrestrial Ecological Research Area) is a small facility similar to a greenhouse,
used to study the effects of climate change oil trees. Stem flbw gauges are rings placed around
the trees. The rings are connected to computers, used to collect data on the effects of changes in
temperature, carbon dioxide and[other parameters. on.tree grpwtfc
:- Audit Report No. 6100301
31
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SS^SV.iSSwSitf1 li;j • I ; > '' '! l ;:| "' S"' ** ''*' * •' '|:'II|:|SI ''" ;: '" ; ""' : ' iZnl-"!!—1" ^ :,:::; "=:'. '. .' ! = i ."I ^
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i'
'^•^W^^
" IVnXED RESUttS AT EPA
In the above EJRL-CoryaUis example, the sponsoring scientist indicated that, stipends are based on
i the cgslgf nation and fees' at thQ. fellow's cpflege or universityr.He beifeyejd that in order to
attract a diverse group of students h is •necessary.to offer-higher stipends, to students from'more
expensive" schools.' •" , • . • . - "•'-.; . , • •'•:
• ill
related to "the stud§nt-'s e^ucafen"alJrbgT^\a^4''^eerxg"paIsv '^d^elfe.are'ciassafied consistent
wTth,the Qg.^.^ ^ wjjjgh they wprlc-
•For Tn"«Servic^/regcIier. \
Met .r.
.
'"'!' j * • ***•«* "•"* '«"•** * " **V*» * */•*'."• • . .«. ~
: in contrast 'to tfie" 50 ats^r^cVtelcfeer:^ aijgf Jijuae; i§9$.a tptal of
' ' '
- int.e|ns,-'t|ie limited
iWj'pTacapent of in-service teachers is attributed to 'persb.nnel. ceilmg?.;an'd^dMgjimiatignsV-- r • V
! ......... i'i ............. In ~ « ' t" ...... ........ : .............. ....................................... • ......... •- •••' •-;.'• ..... •'• ---. ' •.'•••" .''•"•.•..'•••*'."'.;•'" '•' " . '
iqy, * , . . ...... • . •.....'.- • •• v ...... •- : •-.-•• •
Conjressisjcurrentlycon^ ^(^.j^jl^^pK-'deJ^ftih^-j-',.--^...
mtenish1p/feIlowsMp"rediuitoe^\Acj»rdMgM;w haye.^o'reOTnmeriiiatidns.foriniprbVing tie .
^ ........................... * , »« r* . * ~*t • " • ' 1 -"r.1* \ "» ."5*- * *r« "* V /*.*'". if^^ff - • . "."• . V. -i^*.* * "; rf*'.»* — *---\ «•.-;.;•.•.— -rf •*; ".i"v* "-•". •.-• - .,-••• . .' : -
..... pm-iitffc.iJiii .......... hi ..... •"*! ...... uuii* ........ - ..... .A=.*..r-.: ......... ..." ..:.' ...... : •. _, • -, '• :' .' l ". ' _'.""';•'• '•, '' •.•'•'
fiJi^'HS^Witm''1 ...... ''ii ............ ' .................... * ....... . ""' \". '•;/•" '•'" ' -v .'•'••-'•>••• ••' • '>
Recommendations T^ • ' •• .. \ ' • .-•„ • '. .
-1, Adopt controls over the NNEMS selection process which \yfll eabre, that selection is. .
objective. At mtnmmm limit NNEMS awards ta only those projects1 published in the annual •
* ^ » - *N.HW » -| *,;, t- * * _ .; = ^. .. " ."" • .'•!,•> • •. •. •••_-,'•. .*•••• r • *_..- -..• *•"*: i • »,"•." * ••. • •
prPgram catalog, int| ensure tfiaf the selecting official is hot the E|^e^lpyee.wh(yproposed the
'"!?i=.
' ""'''"""""""""'
'ijii 111111 ii 11 i iiin ii i
Agency Response
the'
in .
i. warranted tp.ensureiebjectivity, but he stated that QCERA iacto sfaffing resources
I I l» !
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ENVIRONMENTAL EDUCATION:
MIXED RESULTS AT EPA
to. provide oversight at the recommended level, and the Act's statutory
requirements limit OCEPA's Ftp. OCEPA will begin a review process to
improve accountability as recommended, and. consider whethervihe NNEMS
fellowship program can continue, in pCEPAgiyen its limited staffing resources.
OIG Response • ' . ' . . ".
In thfr Agency's final response to this report, we. would like to see assurance that
of where it is placed organizationally. .
._•'.' . resourcesnecessary -to correct these problei^ siudente shp^d be encpiiraged to
apply for one of EPA's many other fellowship programs-and'the NT^JEMS program
should 6e abolished. .-.'"•". ..
'*"•,*. ~ t
5-2, Adopt minimum eligibulty'requirenients which.ensure that individuals eligible for NNEMS
fellowships are students enrolled at accredited; colleges or- unrversitites;who have succjessfully
completed not less than four courses or the equivalent in environmental "sciences or studies.
Agency Response • - , .•-...-
rhe.Chief of Staff agreed, with this re«3mmend^c^.O€^A, wpridng-withbGC "
- . and Grants Administration, has. made^^ major revisipns to the NNEIslS program
material. Materials developed m.the last fiscal year inadvertently omitted the term.
"accredited." . - r •'..-.- :' :.-' - •' •
5-3. Adopt standards for appropriate NNEMS stipendJs.. ' .. ' , - ..
Agency Response .
The Chief of Staffagreed with this recommendation. OCEPA will begin work in
October .1996 with participating program offices and OGC to draft appropriate
guidelines. . -
33
Audit Report No. 6100301
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•-gj^^j^g^^jmug^7lO^:. '. .
MIXED RESULTS AT EPA *•*'.
III 111 11111 1
II II 11(1111 111 I 111 111 III I III Illllll I I 111 111 Hill
=^^^^^ to.ensure that NNEMS fellows are not used to augmentFTE .
I11'lIlli'lll'illH ,!|,' Is li'jill Illjimai'ijJi!. 1 Jl|iji|!jilll! i,!|i, |lli'iaijj'' ;| i. "I! t' % M^.",. ll!*""»7V^ K fWK'j": if11" JH '.U"IT 'v iSii'll'ili*! Pil!'" IliliilRI \,W'• ' *",
r * *
Response' . • ' -..'.'"
M and paraapatmg program-offices; ^ • ' ' •'•". • y*«-*»*m
responses are accepta^e fgr &-? through 5-4.
'
. .
11 i mil i
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-------
ENVIRONMENTAL EDUCATION:
MIXED RESULTS AT EPA
; CHAPTER 6 . '.
- • - * •* . " " . "
NATIONAL ENVIRONMENTAL EDUCATION ADVISORY. COUNCIL
.NOJTFULLY MEETING REQUIREMENTS Of ACT '
Section 9 of the Act established a National Environmental Education Advisory Council, as well as
. • * • .. ... •• . . * •...•. .. •. «•-.— .- ™ ^ • •'.••; t.. J • •» • • .•-,•*• ,• • -.
a Federal Task Force on Environmental- Education. jhevAdvrsory Council tvas tb be established
in accordance with the Federal Advisory Committee: Act (?A<£A), wtji conflict; of.Interest .
. requirements for members and committee termination requirements waived. The'A.dyjspry
Council was to proyide.advice to the Administratpr on etiwormierital education and issue a
biennial report, after providing it forpubScVeyiew aid! cprnjaent.'itp.Cohgr^ abpUt the .state of
environmental education in the nation. Members of the 'Advisory Cpuncfl yfcre to be
compensated for meetings and other council Activities. The Federal Task Force on Environmental
• Education was to include various Federal agencies involved ty^th enyirpnniental fedgcatipn, .witit •'
EPA chairing the Task Force, its purpose was also to "advise, cons^^ and'rna^e,reco.mmendatiora
to the Administcatpr and to assure the ePprdinatipn'biFFederat envTOnrnental educatiori activities.
• . . - .. •,. • •.....•._•.••-•-••- - v -• ;;•• 7- ••-".•'•' '-; '.-.- •'
.•* • . *' . . •' " " • '•
Advisory Council Vacancies Should Be Advertise*!:'' ..,.;.
The Advisory Council, was established in November 199L Members were appointed in
accordance with membership criteria established in the Act $.&., t^yp members tP represent ;
primary andsecbndary education, one of which shali b£a clisisroppte^hgr, etc.). For the. first
round of membership selection, the Agency' annpuiiced the .iv^abflrj^ dFappointments in the • -.
Federal Register. As terms have"expu-ed .i^om thi initial ^v^r/^unif^'s^ectipns, the Agency.
has relied on more informal methods to select appointees. EED contacted envirbranental
education personnd m headquarters and the regi.pns, ptii<^Fede^a^encie^\pre^^Mvisory
Council members,.and npt-fpr-p'rofit prgaaizatibns for nprahees. %^^2) pesJgnateH.-Federal
Official (DFO) for the Advisory Council believes that.the infcnn^nominatipn process has
resulted in better qualified, members. The specific'membership criteria ated in the Act (such as
two members to represent primary and secondary education; two; members from colleges and
universities, various geographic regions, etc.) are being met' •'•'-.
We have some reservations about relying solely on the informal selection process. Even though
the Act's membership requirements are being met, relying on a small group of people to
recommend colleagues has the potential to produce a homogenized Council rather than a group
representing a broad spectrum of the environmental education community. We are not assured
that the informal nomination process will provide adequate stakeholder involvement We believe
. assort ^s.-
Sr Audit Report No. 6100301
""
35
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, ,,,,, , dj i •, ; , ;„, r, - * i '* ! •:::-:• •: SS"i ii!!
i: »««.•• i™^^^
ENVIRONMENTAL EDUCATION:
- MIXED RESULTS AT EPA
e publicized nomination process should be reconsidered in addition to the informal selection
I;:-;; ..... *T ................ | ,n| ..... ,, ...... ,,, ....... , ........ ,_, ...... ..,,,,,,„,, ....... — ; ..... <.--'
.. . .
otal report: 'The. views of varipiis mdwidUiis on the state of the environmental •
the report. In accor,d^nce_wiiit the" Ab^.te- "
_
i|j ...... |3£public review. Pub He cbmments^bii tiie -draft hHeci tJiat t&e. report was anecdotal, and -:" '•
^JUll,^ not-haye any .scientific data or bac^rpund to support the report The Advisory. .Council •
decided npt to release theTepprt .and asked, the contractor to prqdu.ce/a dhpferent report-- 'The * & — .
, second draft report included additional research and footnotes for support However, this-draflr-
I I (III ill llllilll .................................. . ,* ' . ' ,• .","-• t • -" - .~ ','.'.' f+' " ' ." ••"-Li "'•• •• t ". i ]»'.»-
, ,w|s considered too academic to be usefiil to Congress. • The two completed draft reports were
combined info a third draft, but' the Adyispry/Coimca;decided that the draft sdli looked like two •
separate reports and chose not to release it ais a final report ""'•-•'
« * "r, " -^ \ i ---. .••
. ** * .** *'-*",'- *
The Advisory Council decided that Congress needed a siiprt. and- brief report that would include
clear action items. In order to develop this, two Advispry_CbunciI members were assigned to . .
write this draft report -The draft was released fpr'public comment oa Juiy.lT, 1996. Comments
were to be discussed during an'Advisory Council meeting; August 5r6, 1996. The planned release •
date for the final report is September 1996. 'The Agency response, dated September 17, 1996,
indicates that the report's issuance is still a future event •
.
''%
36
Audit Report No. 6100301
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ENVmONMENjAL EDUCATION:
. R13XED RESULTS AT EPA
.Federal Task Force On Environmental Education
Has Not Been Effectively Utilized By Asrencv •$
orce
assigning EPA to chair the Task Force; The Taik Fprce was edweh^i^e in 1991 'kiid continued
to meet for approjanifteiy frtvp years:: .One of thVmain puiposes P| 'the meetings .wasVtp/ deiertfiirie
what pther Federal agencies were doing in ravkph^o^'i^ were awirie
of the Act,, andip.'deternme'hpw all of the Agencies ^0u|id ;Wpr||fPgeaije^ . A^^-^efi^t twb
years^ the. task jforce no. Ipfiger cpntimi^tp inee£.. TCoripyir of |rtwirp$niett^; eiuc^fioa- : • ' . ' '
several dffereni agendesfwn^ .- •;._ •
"EED has recently resumed Task Force meetings. Ai-pnie'' metejbef of t|e;Ta^fc|jFp^4Ptedi his
prpfessipnal ppinibn was ttiat cooperation Jtetw^en :ip%- and; o^efc^e^er^ kg|<&cie$ccuid b6
.improved, and riiat'EPAcpuId dp a bejterjbl^.iQ cc^rdmi^^^&p^
past) he could. not"geith : Me'i^^'She &bU^ip^:^
.was ^egtoning. to sj^t^. a^^efemprbvl^iccHOpe^ .
develbpment bf F;e4<5raf eiiwp^entatre^ lisemaddJessing his-
••' • •'.'•" "*».*";•."•.* * " ***.** —»'"•• -.»,-*'. ^« -,-";"• * — ..' "* i fc'**~^ . 't y*"«i* "?"•"** A° *I ."*•"* »." ••*•••-•• -^ • »- •• /~j •• •.• ~, ** •• ; •
rL i-j-i •r'VrLiHln'TT i?f T-» •«•<*•• A^A**«W**4« V* ^^— ;- '-^ -J-f— ^' J-fc: — » t^'-T-"— _ L.-^< jf-^ J.^_ ^_ ^.fc:^ -^ ^» •_.*±.**« .•'TS ^_ -i_--' JUj^Tg:. *•_* -1-^*^1 ^ *_.'.__ 1 _ L .
envurpnmental education prbgrarns,wasisimiiar; to ^e'coiitei^ p|Bbtfe b^B^r EPA^'enyirpnmental •
education personnel, and spine external environment ^u<^pitp^rsb .
* fpr.-prpfitbrganizatiohsi-. '" • " ; ". ' "\ " '•:-;--'- "''' .
Recommendations-
.6-1. The Chief pf Staff remrnd the Natipn^l&wp
.. •.'.- •'. . • ....-., , _ ..... _._-•,. ».-•
.. ... 1. . _ _ .. .„. . . , ._._ _
requirement to provide a biennial Congressional report. ' . "..'-•: v> • . "
.1 ,.'•.'• ."• - ' , '• • ..-'•' . •
Agency Response . . ' . '. ' . • . " • . ' ; - .- '
The Chief pf Staff concurred with this recommendation and stated that OGEPA.
. . will work with the Advisory Council, providing necessary resources to enable them
to complete the report and submit it to Congress.
37
Audit Report No. 6100301
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'
wuywm
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'j, iBi? HIP''!.! 1:11< pun pipiB1 :i" IK fli'iBi1 siir p'-iiii to meet
6-^. OGgPA eiisufe that the Federal Task Force'for JByironmenatEducation cpntinues to meei
at teasi.sgrniannuaily, ahd'pu^fr'jeffectfye.uise'Of the Task Force to -'addrjes? ^e enviironmeritai
edtication tsstiftS'jmtT'nrioritiea'covernment-widej'" '•••>." " *'•"• \.'•;••»•/" .""'• •.•'-••;
e^iicitionissues'anCpriorities-governrnentTW^
« * * * .„'*„*« '"' * ' • ' **.>•••• • " ^ • ,.:••'•• - _•• v
Jlllil
- Agency Re'soonse
U-^'^s^Se Chief of Staff concurred witifthis recommendatioo;" , '.'
,:,! *•„:: i ;• .•-•— ,•• ,;;..-• :'i"-- • .;-,•; •_;••_'•-*••••••.•.-.••.•.;-.•.••-•.•;- .-••..
"^4^OCES&rdeVelop- a (^dmer'sa^s'^etiQri'surye^tqrffl ejvironm
.4 OCE^^deVelopai^ -.
* edu<^t!qri stakeholders i^i^eahrf&ln^ the Task •
CCj, kn^ tfcg A^giQiy:(|ounaTfQitienr&afcafirf prtnfffir^ Fptj?;^^^anrf;^Mlml ' ' -
:?*•'
.......... 1
Agency Resonse .
;^^^:5p^^^Qf^t§;§|sr?ed whh thi? recommendation.' The .taskFpreei,; Advisory '
;LK_r_jBoard^'M(d Couj^.^Beco^u^e^'tod^ern^«show _ '
;|||, i-jn^jgi anl^evelop a Erocess^r'in^rporating this input lirto'Mh^emeit of:'. •'
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-------
To: The National Environmental Justice Advisory Council
From: Coalition for Justice in Environmental Education-May 30, 1996
The Environmental Justice Failures of the National Environmental Education Act
Environmental Education and Training Project Cooperative Agreement created between the
U.S. Environmental Protection Agency Office of Environmental Education and
the North American Association for Environmental Education1
The $7.2 million, 3 year (1996-1998) Environmental Education and Training Project (EETAP) cooperative
agreement fails to meet its goal of increasing "the public's ability to make responsible environmental
decisions" through training educators about environmental education.1 The current pact perpetuates, and
increases, the disproportionate impact of insufficient and inappropriate environmental education among
communities affected by environmental justice problems. Because a cooperative agreement exists between
the EPA Environmental Education Division (EPA) and North American Association for Environmental
Education (NAAEE), EPA is required to maintain "significant involvement" to ensure the program's
success. Therefore, we ask you to encourage EPA to address the following problems.
A Poor Foundation...
The best environmental education is community-based. Community input in the development of
educational strategies to address environmental justice concerns about discriminatory impacts is
recognized by Executive Order 12898 and the resulting EPA Strategy and Implementation Plan. The
latter two documents specifically refer to the role of the Environmental Education Division in this
endeavor. Nonetheless, EETAP is currently designed as a top-down activity that is not of the community,
but which must be outreached to. the community. For example, the EPA EETAP Invitation For Proposal
(IFP) that advertised the funding recommends training "to effectively reach an urban and multicultural
audience"2 and the winning NAAEE proposal's (Proposal) statement of need recognizes "(t)he
environmental education field will need to find ways to work with the environmental equity movement and
with a variety of groups and associations that have access and credibility with urban audiences".3 Despite
this "need", environmental equity is not mentioned anywhere else in the Proposal, IFP, or cooperative
agreement work plan (Work plan). Environmental justice is never mentioned. Until EPA or NAAEE
recognize an "environmental equity movement" does not exist, they cannot conduct activities that address
environmental equity or the environmental justice movement. Such ignorant language extends to the
interchangeable use of "urban", "multicultural", and "underserved" populations throughout the documents.
...Supports Bad Action
1) Lack of partner selection criteria
EETAP subcontracts 18 partners to train educators about environmental education. The IFP "strongly
encourages cooperation which builds upon existing environmental education and training programs"4 and
then cites three organizations with:
a) little experience incorporating environmental justice issues into their activities;
b) an abysmal record of hiring and retaining a multicultural staff of environmental educators; and
c) a poor record of successful multicultural outreach with traditional environmental education curricula.
1 Most of this letter refers to the EPA invitation for proposal (IFP) and the winning NAAEE proposal
(Proposal) as both provide a detailed explanation of EETAP activities. The cooperative agreement 1996 fiscal year
work plan (Work plan) lists the same, activities, but contains a more detailed budget.
-------
............................. , ......................... in 1 1 in 111 .............. liijiiiijii ............... i ............................................. i ........... ....... .
i I .......... i ..... imii 1 1 in' ij i ..... ' ni 'iii i i '
Not surprisingly, these three partners receive 40% ($880,000 of $2,099,000) of the first year budget.5 The
bias inherent in the IFP citing these groups is compounded by the lack of any written criteria from NAAEE
for selecting EETAP partners and ensured that the remaining partners would be similarly inadequate.
Questions: , ,
11*11 W'1 ''''Hi1 """"I *l)Why didn't EPA cite any multicultural environmental education or environmental justice
organizations in the IFP?
iiiriiii in i ill mi ill"!*'!'!1111' ii
2)What were the criteria used to select EETAP partners?
Illlli p i III i n i n i n i in i in 11 n n in 111 ill n l ill l ll ill 11 ill l n 111 n ill l n l I n l II111111 1111; ii^n, » * ;
3)How do those criteria ensure that EETAP partners will involve, and address the environmental
111 III 1 11!' 11 HtilillliWeducation needs of, communities of color and low-income communities?
i i
2) fafarginalization through "underservedpopulations" effort
a) Unclear Focus ' ,
The IFP requires environmental education training targeted to "an urban and multicultural audience" of
teachers to ensure the "needs of diverse ethnic and cultural groups are met".6 The Proposal responds with
an "underserved populations" effort. This effort is intended "(t)p ensure ^t highly trained environmental
educators are available to serve ali geographic areas and all socioeconomic, ethnic, and racial
pd'pulations".7 This should be the overall goal of EETAP. Instead, the stated goal of the underserved
population effort is to "build capacity of environmental educators who work with urban audiences".
Although the "underserved population" title implies tliis effort should make up for past and current
''""'!""""1" ' ll1"1'""1 ineqUitieV in the allocation of environmental education resources, that is never stated.
Questions:
l)Is the intent of the "underserved populations" effort to address past and current inequities in
environmental education training resource allocation to urban teachers?
If no, why not? If yes, to what degree?
b) Inadequate and'MisguidedFunding
Within the Proposal, $243,000 of the $2,849,000 proposed first year budget goes to reaching 420 urban
educators through this effort. That level of support continues in Years 2 and 3 of the budget.8 In the Work
plan, however, that amount is decreased to $222,000 of a $2Z099,000 tote] budget to train 170 urban
educators (of the 34,000 EETAP will train in Fiscal Year'-1996).9 Given Sat this is the only activity
explicitly dedicated to "urban audiences" in the entire proposal, and that the number of teachers reached
Will be sp small, this allocation.will, in.effect.increase the disparity between environmental education
resources available to non-urban and urban audiences. This extremely high cost per educator (S1300 per
educator versus $55 per educator reached by remaining EETAP activities) reached is all the more
disconcerting given that the partner funded to conduct the underserved population activities is NAAEE.
This, excessive 3niQynl£^isg^rHAA£E!s costs of beginning a new program. This action contradicts the
IFP's and Proposal's stated intent to use existing programs and prevents the much more efficient
expenditures that would occur if existing potential urban partners had been invited to participate. Not only
are urban partners and audiences marginalized, but the fact that not one partner contracted under EETAP is
woman or minority-owned ignores ETA internal regulations that require that 8% of funding go to-such
businesses. NAAEE's claim that they will establish targets "in this area" before FY96 fiands are allocated
is disingenuous given that only.four months exist before FY97.'° ,
- . i i I I' " I1'1
II
-------
Questions: '......•• •
1) Why is so little funding dedicated to this effort? . ,
2) Why are so few teachers reached under this effort?
3) Why is NAAEE creating a new program rather than reaching out to existing educators?
4) Why is EPA ignoring internal regulations regarding woman and minority-owned businesses?
5) If woman and minority-owned partners are added Fiscal Year 1997, how will their absence in
FY96 be addressed?
3) Lack of satisfactory EETAP activity requirements and evaluation '»
The Proposal recognizes the weakness of the "underserved population" effort by attach* ing to this activity
the sole "Note" accompanying any of the 14 activities described. The note states "The major
environmental education projects have stressed a commitment to extending their programs to more
effectively reach underserved audiences." Two new and unproven programs conducted by partners not
included in "underserved populations" effort are then cited. The implication is that all of the partners,
rather than those only listed under this activity, are invested in addressing the issue. But there are no goals,
requirements, or evaluation criteria that must be fulfilled by any of the partners under any activity to
ensure that they reach the intended audience (whether it is educators working with urban, multicultural, or
underserved populations) or that will disqualify them from continued funding if they are unsuccessful.
Questions: '
1) What language in any of the documents will require the 18 partners to interact with urban,
multicultural, or underserved audiences?
2) If there is no requirement, how can they be evaluated for success or failure?
3) If a partner does fail to interact with urban, multicultural, or underserved audiences, is that
sufficient grounds to replace the partner in Year 2?
4) Will the evaluation occur quickly enough to allow such a replacement?
5) What other penalties exist short of replacement?
4) Insufficient partnerships and networks to ensure sustaindbility
The IFP recommends that the partners' activities "establish a long-term goal of self-sustainability"."
Since the partners are not from the communities where they will be conducting multicultural outreach
activities (as environmental justice organizations often are), the likelihood of sustainability is limited. The
Proposal ignores this gap and plans to promote sustainability by creating "media strategy publications and
a press kit to help local organizations build public understanding of environmental education."12 The IFP
also requires that EETAP strengthen and expand existing networks that support environmental education.
To this end, both the IFP and Proposal list a broad range of governmental, non-profit, business and trade
groups, and promote exchanges between North American countries. However, this proposed network does
not include environmental justice or multicultural organizations nor, support exchanges between rural,
suburban, and urban educators. This bias by omission is difficult to understand since the environmental
justice movement represents the most rapidly growing network that EETAP could affect and covers a
broad geographic area.
Questions:
1) How is sustainability more likely through media campaigns than community involvement?
2) Why is the environmental justice movements' "net that works" not invited to help create a
stronger network for environmental education?
-------
I III
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I » I' I H I I [ III
5) Insufficient input in priority setting, training, and educational material selection
«The Proposal describes a National Congress that NAAEE will convene later this year to forge consensus
on environmental education standards. Given the lack of multicultural representation from environmental
organizations at past annual meetings of NAAEE, and the turmoil surrounding NAAEE's attempt to
Environmental Education with Multicultural AudiencesJn the Urban Setting",
s£njarjjs throUgh this organization is clearly inappropriate. This lack of substantive
is also reflected in how Site Proposal will address individuals invited to participate in the training who
.tg dg go ojr reject the techniques taught. The Proposal states "Social marketing analysis will be
'lied to these populations to help guide more effective training eBbrts."13 Yet, changing the marketing
iegy oFtne"temmg efforts will Be" much* less impo'rtoSFfor some of these groups than changing the.
conlehToftheteining efforttoreflect the needs of such groups. Finally, standards will be developed for
Ji learner olutcOTnes w}jj be defined at various grade levels, and model curriculum
again without input from environmental justice organizations or educators of color who work with
of color. As these materials may be approved for use in public schools, the lack of such input is a
"—".1^ serious weakness.
^^^^^ Ttmii
1) How will input from segments of the U.S. population not involved in creating and receiving
t ii« i ,iiii traditional environmental education be included in the development of environmental
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education standards, training, and curricula for all Americans? Can you name specific
groups from such segments of the U.S. population that will have control over the process?
•• "" ' •"• '•' Endnotes
ra.it. Invitation For Proposals OFF), Environmental Education and Training Program,
uiMRHU.ex'Ki
•"-••"
£Sfifn^f'n!1ilf'1r'™-"SEiSE?™,.'f?. *e H;,§; Environmental Protection Agency for the Environmental Education and Training Project
r!r i:::;:''.::'::'™l''irom"""""s NorSii ^^g^2anllAss-oc-iation-lllfor Environmental Education and its Consortium Partners (Proposal), April
iiK iMfi^'S?. 1995, DZ. 2 ' ' '
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§iAft)iJj^Hiit&|f"Pi pg-4 • "' ' '
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5. Environmental Education and Training Partnership Project Annual Work Plan FY 96 (Work plan), January 30,
1996, pg. 46 These groups include the North American Association for Environmental Education, Western Regional
,
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Education Council (Project Wild and Project Learning Tree), and the University of Michigan
Consortium for Environmental Education and training
,pg-9
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NATIONAL LEAD INFORMATION CENTER
of the Environmental Health Center
1019 19™ Street. N\V • Suite 401
Washington, DC 20036
November 25, 1996
Environmental Protection Agency
Freedom of Information Unit and/or FOIA Officer
Washington DC -
Re: FOIA request for all documentation related to the Environmental Protection Agency's Ofice of Inspector General
Report of Audit titled "Environmental Education: Mixed Results at EPA Audit Report No. E1XMF5-13-0076-6100301"
released on September 30,1996
Dear EPA Freedom of Information Act Officer: . '
Pursuant of the Freedom of Information Act (FOIA), 5 U.S.C. 552,1 hereby request access to and a copy of all records,
documents, deliberations and narratives submitted and generated in the process of conducting "Environmental Education:
Mixed Results at EPA Audit Report No. EIXMF5-13-0076-6100301". Further, I hereby request the following specific items:
1) What proposal was scored the highest by the evaluators during the selection process for the second EETAP award?
2) Please provide an itemized list of documents submitted for, and generated by, "Environmental Education: Mixed Results at
EPA Audit Report No. ElXMF5-13-0076-6100301"
3) Please provide copies of the documents submitted for, and generated by, "Environmental Education: Mixed Results at EPA
Audit Report No. E1XMF5-13-0076-6100301"
4) Please provide a list of the 103 small grants awarded in 1994 and 1995 reviewed in "Environmental Education: Mixed
Results at EPA Audit Report No. E1XMF5-13-0076-6100301"
5) Please provide copies of the documentation generated by the review of 103 small grants awarded in 1994 and 1995 noted in
"Environmental Education: Mixed Results at EPA Audit Report No. E1XMF5-13-0076-6100301"
6) Please provide documentation supporting the "perception of bias" noted in the second award to NAAEE explained on pages
13 - 19 of "Environmental Education: Mixed Results at EPA Audit Report No. E1XMF5-13-0076-6100301"'
7) Please provide an itemized list of documents submitted for, and generated by chapter 3 of "Environmental Education: Mixed
Results at EPA Audit Report No. E1XMF5-13-0076-6100301"
8) Please provide an itemized list of all FOIA requests made in connection with the award of the EETAP cooperative
agreement by EED to NAAEE.
9) Please provide a copy of the SF-334 "MBE/WBE Utilization Under Federal Grants, Cooperative Agreements, and other
Federal Financial Assistance" provided by NAAEE at the end of Year One of the second EETAP cooperative agreement.
I am requesting these records as an information specialist at a non-for-profit, 501(c)(3) organization. I am also requesting the
aforementioned materials for non-commercial use. Further, I request a waiver of all fees because my interest in the records is
not cpmmerical and disclosure of the information will contribute significantly to public understanding of the operations and
activities of government and the EPA's involvement in environmental education.
If my fee waiver request is denied and expenses in excess of $20 are likely to be incurred in connection with this FOIA request,
please contact me before proceeding with my request.
I will expect a response within 10 working days as provided by law.
'Respectfully,
lax Wemtraub
National Safety Council
1019 1901 Street, N.W., Suite 401
Washington, DC 20036
Voice: 2U'2-2yj-22]Q . Fax: '202-659-1
TetfFMOHE (3021033-1071 /^^ sS/"""*' TAe Environmental Hcatt/i CenUr
FACSIMILE (2O2) 659-1192 SbS' Cnirnnil is a division .of the National Safety Council
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•
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
401 M Street. SW (1105)
WASHINGTON. DC 20460
Acknowledgment
: • '" • • • • " "" : :' : "' '"! ' !•'"; ' :" ' November 26, "1996"
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1 ' ' ' ' jj,,,,,; ' i|(|| I
Weintraub
iiB^^^^^ .National Lead Inforrnatign Center ' , „„„ „„„ „,„
19th street Nw
, DC 20036
! INI'!'. "I .MV j!jjjNii''ll''H|!!lljll
Date of Your Request: November 25,
1996.
Date Your Request was Received:
November 26, 1996
SUBJECT:
LISTED INFO RE AUDIT REPORT #
E1XMF5-13-0076-6100301
.,..'..> | nit); is:,:liiBiait !> iP .!l!..i. *i '.'!. 11'." V'!. Hi !. ill .'PIUMM! MIH'-lil aliflflff
The Agency has ten 00) working days to respond to your request. You can expect a reply
-—--- ..-•-2S2!L52Ri^93 °f §l§ !§0"w,prking day period. Further correspondence on this subject
r: ' ' ' should cfte the following Request Identification Number:
Sliiiiiii ™ii'i ' ''i,'i"'v"i- i-1:1"1* !"; ' "* ! ' ' I ! ," !
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March 5, 1996.
NAAEE Board of Directors, C/O
Ed McCrea, Executive Director
NAAEE, 1255 23rd St., NW, Suite 400
Washington, DC 20037 ,
Dear Mr. McCrea, •
Attached is a letter to the National Environmental Justice Advisory
Council, drafted by Three Circles Center and signed by a number of
environmental educators and environmental justice activists around
the country. Over the past'several months, as you are aware, we
have spoken by phone with a number of you and your partners. The
letter to the National Environmental Justice Advisory Council is based
on those calls and the public documents of NAAEE describing the
Environmental Education and Training Partners (EETAP).
Our concerns about EETAP and NAAEE are clearly stated in the letter.
We would appreciate your timely attention and response. All
responses, by letter or phone should be directed to Three Circles
Center.
We acknowledge the positive tone of our meeting of February 20,
1996, attended by yourself, Cathleen McKinnon, Bora Simmons,
Michael Dorsey, Max Weintraub and myself. Being able to review and
take with us documents such as the approved workplan and the
proposal submitted to EPA will assist us in evaluating the overall
effectiveness of EETAP in addressing multicultural and
environmental justice concerns. We will continue evaluating the
documents requested in our letter as we receive them and will
communicate other questions and concerns as they arise, hi
particular, and among other things, we are how evaluating the Urban
Collaboratives component, plans to train educators in working in
urban and multicultural contexts, seeking and reviewing documents
relating to the formation and governance of the various
environmental education advisory bodies, and will soon be reviewing
the survey responses of current EETAP Partners (see attachments).
Our all day meeting opened many doors of potential cooperation and
raised many additional questions. In our meeting we agreed that the
1.
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mMWiii'Bll%£EiUS!S^&§ S2ieJ 2SS^M,,§SSi§°£,,,
examples
EETAP; I have added some
T"."T',' ^^T1"3L.™ Requirements and specifications for addressing multicultural
!= be-explicitly
IH^ m .<«•;; •ii^itriroTOJwritten''into the cooperative agreement'and"11 the contracts
with its partners. There is a need for explicit understandings
expectations among all Partners, EETAP, NAAEE and the EPA
iiiiilii iiliililililiiii'! '!;„ jliiiiiliili: jii.il1! '• , 1! Jill1 iiiiliiiiiiC' ' < tf! i!'i,i ?'»iliii iliiiiiiiiiiiiiiiiiiiiiii iiillJi'hii I !,;, lil liHiiiiiiilliiUf iiiiiilllllllllllllllllBI £ ................ . [[[ ........... ,111: .............. ......... pw [[[ . ........................... * ....... ....................... < ....... , ............................... < ........ ' ........... < ......... ,' .............................. • . ................................... < ................................. ...... . ................... li ........ HI .......................... ..... « •. ............. ..... , ...........
.......... ': ...... - ..... ........ ""- ..... " -' ....... ™ ..... . '.™*'' ' ........... : ....... ~ ..... ' " ..... ....... ' ..... ' ...... : ......... : Office of Environmental Edcation about how such .goals will be
whicli they have been runded. por example what kind of efforts
a Partner make to reach ethnically diverse teachers and what,
^ ^
....... I ................... ................ ' ................ ?. ..... '*" ......... i ........... !'"'i: ..... i' i, ' ...... i ..................... ................. ™ ........................................ -for purposes of evaluation, will constitute success? How will
ii iuofw ..... ^ir«is .i Siwiiii^iSmw Partner airricula and rnaterials, training and outreach include and
™ ....... ^ ....... ""'"
of a poor evaluation on these points for Partners?
e agreed that at leastjpnejiew partner, funded at a
p^plSpnate and commensurate with" current partners. ^
and
funded in years two and three. We are also open to that
partnership taking the form of an on-going consultancy with an
:^ record'in environmental
„ ,. ,;,=., ,=,;, .,,,;,;,, ;,;,,. „ „ „ education. multicultural issues and environmental justice. Such a
a'success-11
^.S^j^straiegy ^ab"iing" "^f^p' to'meet" its'goals' in adzes'sing
> ' f if: ii -i ft •*! B. • ' iih'iAi&iijiifiaBlSi^ SB4SSSm§^J.V^ce.lssues. For example, such
: , ;;„;;„;,;;, ;„„;;;; ,-:;,:•,;•. rr =,;,;;:::;.',„ „;.;, ,,:a Paltrier or consultant will bring proven skills and resources in
„;:::: ::: '. !:;«:,:„:„" :,:,:::::„ , :::,:',:, : ::,:::,:„ :::::,„:„-:„::::::„::assisting CUITent and future Partners Ul meeting newly instituted
„ ,;, ;,,;,;„ , ;::,:;:,, •.,;• /,.,,; •• ;,;;:,; :, li; requirements as specified in the paragraph above' related to
^™;,™.:;;-£= ;":v:™~;;^^"addressm§'mi^tici4turaland environmental justice concerns.
:™^:™^'J!*b. ^^S^^^SuchaPartnen^nsuteaat wiff"''haye tSi'caigadty to connect EETAP
g^en^oimS
.e and accountable way.
iislKililH^^^ I.TillilM^
Illlllllllllll
iii i mi i ne
iiiiH^^^^^^^^^^^^^^^^^^ Rmi««iiai:(H«f;iiii«wiiKv^ustama
, i The EETAP Advisorv Committee and the EPA Environmental
Education Advisory Committees must have a multicultural
and must have community and environmental justice
!''S?!l!!!!!^^p€rspectives represented. Meetings of the Advisory Committees
ie open to the pubh'c and notes of their proceedings should
readily available.
-------
• Environmental Justice and multicultural concerns should be
visible throughout EETAP in its entirety and not merely
compartmentalized in any one program component.
• Criteria should be developed for bringing on new Partners arid
Network Partners. All new Partners should have proven
experience in addressing multicultural and environmental justice
issues in their programs and organizations. Such programs and
organizations should have a history of successful interactions and
relationships with environmental justice organizations and
communities doing environmental justice work.
• Rigorous evaluation of Partners on multicultural and
environmental Justice issues should occur on an on-going basis.
The independent evaluator should have the appropriate
background to evaluate effective performance in this regard or
should have access to such resources. Provision should be made
for the public access to the evaluation data.
Also attached is a questionnaire which is being mailed out to the
partners and network partners of EETAP for their voluntary
response.
Sincerely,
Running-Grass
Executive Director
Three Circles Center
Attachments:
Letter to National Environmental Justice Advisory Council
Partner Questionnaire
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E£2l§£El°.a ...... Agency
•===:=, ;: ..... : • ; ; =^^^^^ DC
d Members ofMEJAC,
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ii«^^^^ :r:«™ia_ BecausB people of color communities are disproportionately impacted^
|,|>y envir£>nmental degradation, we in the environment justice
""^^^^^^^^^^^^ [WK|r'|t*1 "fm '*• i«^^^ rz'3 35-7-—— j£ 'JJ^Js to mtigSe'and corrS'tliese'1
tic2lsM, Weiayi file, over the last several years, come to
reSoghize that environmental education is a central element in
' •'-' • ' " ':' • ":::" : ;:; : :::: • " sSra^gles for environmental j ustice. In the Principles of •
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;[Eonsisitel Justice we sought to infuse that ^recognition with
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the'core concerns" of our'niovement:
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caZ Justice calls for The education of present and
SSS generations which emphasizes social and
5ased ....... on our experience and an
our diverse cultural^ perspectives. ' '' ,.
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Mainstream environmental education, as an educational field of
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-------
diversity and incorporating environmental justice principles into its
activities; and has yet, politically, to respond to the movement as an
equal partner in the development of environmental literacy in
communities of color.
This failure to include environmental justice concerns can be seen
most recently in the actions of the North American Association for
Environmental Education (NAAEE), the national professional
organization for environmental education. NAAEE recently won a
grant of nearly $2 million, (for year one of a three year project not
including contributions of partners), from the EPA to develop
environmental education throughout the country. The grant has
established the Environmental Education and Training Partners
.(EETAP) to implement the program. We believe that EETAP and the
grant itself represent significant opportunities for environmental
education, with great potential to move environmental education
forward and to innovate in the field. EETAP also has significant
potential to benefit communities of color around the country. Such
potential could be realized if there were authentic participation of
communities of color, nationally recognized leaders of color in
environmental education, and regional environmental justice
networks.
Unfortunately, as EETAP takes steps to implement the grant
significant omissions are evident. We offer the following concerns as
examples^
• Their published list of partners and network partners does not
include any environmental justice organizations with expertise
- and interest in environmental education. In fact, there are no
people of color organizations or multicultural organizations in
their list of partners and network partners.
• No proposals for projects which might be funded through their
grant have been solicited from environmental justice
organizations nor from people of color, community based
organizations or nationally recognized leaders of color in
environmental education.
• Proposals that have been solicited and reviewed for funding, and
that propose to do urban and multicultural work, have come from
mainstream white environmental education programs which have
shown limited capacity for authentically reaching teachers of
2.
-------
I
llliliilNlilllllllllli1, I Illllllll In ill 111"
color, children of color or their communities. Historically, these
programs have not addressed environmental justice issues in their
work.
iiiM
•lining 'illLiui i«««««[»
1 1111 II / (illllllll 111'1'! 'l"l •I1IK¥IS(I>! ' Illllllll 111 II
discussions have taken place, nor have any requirements been
^^^^ ' |o2il partners Baking 'them accountable i for involving
children, teachers and communities of color in all aspects of their
Illllllll I Ulllllll II III I * " * •
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i has widely solicited information of a conceptual i nature on
. environmental education with multicultural populations
'"•-'" " " ' from anumber of programs and people of color around the
»*"'*> ^^^>=^caunlty, but few, if any, have been informed of or involved in the
recently received grant. NAAEE continues to rely on the expert
\^^^^dvice~6f people of color, and even their volunteer work, in
formulating and reviewing drafts, to position them as an
jg|er ,111, working with' multicultural populations in
^^ < J
................... i ............. «: .......................... , ........ ,;« ................. ;.««;•!.•' ................. • ........ • .......... i ....... . ...... • ......... ..... ............... i ..... urban settings. Yet, these people and their ..... grassroots ...... programs
' " ' ..... coiSpicuoiisly '""'absent from ...... the partner list and are therefore
„ , , „ T j,,,,,„,, , , ,, , , -uMt.sjjgible for significant funding from EETAP.
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In sum, we are concerned that there may be discriminator/
IIIIIIIIIM^^^^^ II ililllH^^^^ IIIIIIIIIIIHIH Illlll1-1! IlllWIIinilW^^^^ ' •- . '
npacts in the implementation of EETAP. The President's
r'Hffl a»fM» Executive Order on Environmental Justice and tiie EPA '
_ in is iSB i • t ii ; •
: Efljtt
impacts. In a recent phone conversation with the Director of the
fiat he was not familiar with the Executive
ejmplementatipn Strategy. -
• •
Over the course of the last six or seven years, as the environmental
Z^""!'.".^'.!!!;'^-:™^;™ justice movement has developed, we have come to expect certain „_ •
SSJHWJH ! *?»• ttwrn i; f: atkinds of communication and cooperation by mainstream ,
J:::::-;-1-^^^^^^^^^^^^^^^^^^^^^ and their organizations. These include such points
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"Included at tiie inception of major initiatives which impact and
JtoW^^.fiSK.^Kfflllffiltte,
HI
• Resources are"shared with people of color organizations which
• I ' in i • • • ' *~ : * 5 : ; 2 3 j: y:
•ectiy serve our communities and articulate and define our
...... ™
.in [[[ ...................... ................................. .................... •. . . ............. , ............ - .............. , ...........
• . ...... -
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-------
• Existing leadership within our communities locally and nationally
are recognized and engaged in projects which impact our interests.
• The principles of environmental justice be acknowledged as
central organizing and conceptual elements in projects which
impact our communities and as essential for resolution of all
environmental issues.
• The spirit and letter of the President's Executive Order and the
EPA's Agency Strategy for the implementation of the order be
taken seriously and be fully documented and publicly accessible.
We believe there is a need to initiate a conversation with NAAEE and
EETAP on these points. Such a conversation should result in a more
clear understanding of the points above by NAAEE and make a more
cooperative and equal relationship possible.
We are therefore writing the Council to alert them to our concerns
regarding EETAP.ats implications for our movement and
communities, and to inform the Council that we are engaged in a
process of inquiry to gather all the facts related to steps now being
taken for the planning and implementation of the grant. We trust
that this process will lead to and ensure that our perspectives and
organizations will be included in this very important and beneficial
project. In that regard, we have sent a letter of inquiry to each
partner in EETAP to determine the extent to which they have
historically made efforts to reach and involve low income and people
of color communities, teachers of-color and diverse, low income
schools. . -.
We welcome your cooperation in obtaining and evaluating
information on the implementation of EETAP. In particular, we would
like to the Council to request the following documents from the EPA:
• The proposal submitted to the EPA by NAAEE for funding. Having
access to and reviewing the winning proposal will allow us to
ascertain to what extent NAAEE utilized the work of people of
color organizations and individuals in presenting their urban and
multicultural work.
• . The budget of the Project funded by EPA.
4.
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IIIIIIIII Illlllllll III Illlllllll Illlllllll
lllllLlil 1.IK
n IH 11 ill i in 11 1111
U hlllllH «
i iiiiiii
, ,,, i
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The EPA approved Project workplan.
The cooperative agreement EPA has with, NAAEE and EETAP, , , (iii
J""'^g"j^ec^^^^_twill allow us to understand,, the ^extent; to,,,,
"ie EPA implementation Strategy is being fulfilled.
Illlllll IIIIIII ll«
...............................
The criteria and narratives dqcujneii,ting the selection of NAAEE
by the EPA as the recipient of the grant.
The criteria, and narratives by which the EETAP selected its
partners.
1 '
!|, ll|,',|ll imlli lill MIIIYIU UIIUIIIII lilllii|lllll.in llillllil Hi,' Hlillllll" |l, ML'illllil'lilllr1,,,: 1IP'i', Ill 4, IL ll' lilll|l IIIIIPIIillll'l lillPlillI'lPI T'' 11. 'JP'lllll11 PII, IPIIIlr Wl.llilllllllWI Lllllll.llll II IllllllnillJi 'Kill IIPIF ipli'll IIPllll I ' :iii.iinri us* Rwwiii'iit IHH WH iiilK^^^ iii^^ I:,IIIISIJM^^^^^^^^
I ITillllKIt III IIIIIIIII1 T|| IHWIIIIIh 111 ' I'llllllf 'lllilllili'T ...... 1
• The contracts EETAg hjs with toe Partiiersjt: has fundeii,., We, ,are
looking for specific references to requirements that the partners
actively and accountably involve people of color at all levels of
program implementation.
111 11VI Ml I Nil V11 111 I illllli Illlllllll II III I
'V:i!:iln^^
Signed:
Runnjng^rass, Executive Director, Three Circles Center for
Multicultural Environmental Education (Organizer)
I,,, mi mn
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In Alphabetical Order, Org^izatioris^ Listed for ..... IdentificatiQ,n,,,Qnly
* Indicates Organization Signator
Asian Pacific Environmental Network, Oakland, CA*
Kishi Animashaim, Community Organizer, Atlanta, GA •
lisa Maria gerthodij Antioch New England Environmental Justice
Working Group, Keene, New Hampshire . • '; _
Loudovic Elain, Environmental Justice Advocate, New York City
Gina Blyther, Educator, Philadelphia, PA
Rona CarteTj ^Greenpeace USA, Washington, DC
Steve Chase, Antioch Umyersity Environmental Justice Working
Michael Dorsey, Environmental Justice Advocate, Yale University
Eric Edgerly, Director, Environmental Resource Academy, Castlemont
High School, Oakland, CA ' , '
|Men Sson, .Srican^merican Development Association, Oakland. CA
iiiinniii , i, ,. , >jii ! iriiiii • i iii Haai'niafuiiiiiriiiii li iini it! '- i. ilm'in • ' \- ' I !:" mi l!:^^^^^^^^^^^
H ..... m ..... «!S^^ ..... imi! ..... IP:!;' ...... ' ...... I! ...... I]:1:!!! ..... i: ......... Iii!::'ii!!:i! ..... ;!i ..... i::^^^^^^^^^^^^^^^ ..... i ...... »!^^^^^
'
" ............. '" ..............
-------
Jean Frederickson, Consultant in Bilingual, Multicultural and
Environmental Education, Running Springs, CA
Tom Goldtooth, Iridigeneous Environmental Network, Bemidji, MN
Deb Habib, Ed.D, Educator, Amherst, MA
Thomas Lee, Asian Community Environmental Educator, San
Francisco, CA -
Carlos Melendrez, Executive Director, Alliance of Ethnic and
Environmental Organizations, San Francisco, CA * .
Henry Moses, Environmental Justice Initiative, Washington, DC
Muhammed Nehru, San Francisco League of Urban Gardeners, San
Francisco, CA '
Pacific Energy and Resources Center, Sausalito, CA *
Janet Phoenix, M.D., National Safety Council, Washington, DC
Lynn Pinder, Executive Director, Youth Warriors, Baltimore, MD *
Elizabeth Tan, Educator/Community Organizer, Berkeley, CA
Connie Tucker, Southern Network for Economic and Social Justice,
Atlanta, GA . . .
Tahnit Sakakeeny, Environmental Educator/Filmmaker, Boston, MA
Marc Spencer, Graduate Student in Multicultural Education, San
Francisco, CA
Urban Habitat Program, San Francisco, CA *
Jeanney Wang, Environmental Educator, Berkeley, CA
Max Weintraub, Instructor, USDA Graduate School, Washington, DC
cc . •' .''•••'•
Ed McCrea, Executive Director, NAAEE
Gus Medina, Director, Environmental Education Project
All Regional Environmental Justice Networks
Partners and Network Partners of EETAP
Washington Office for Environmental Justice
EPA Office of Environmental Education
EPA Office of Environmental Justice
Attachments:
NAAEE Cover Letter
Partners Survey
•list of EETAP Partners and Network Partners
-------
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TCAM
COMITE "nMOf^CALlDAD AMBIENTAL DE MANATI
MANATJ • VEGA BAJA • OA1ES • MOROVIS - FLORIDA • BARCELONETA
Oficina Central Manati
P.O. Box 1453, Manati, Puerto Rico 00674
Tel, 884-0212, 854-2110 Ext. 35
Fax: 854-5765
-AJSTD
l) In the name of COTTCAM, I suggest that the EPA evaluate the
possibility of holding a meeting of the National Council of
Environmental Justice in Puerto Rico. ~
*
You would not only honor us by accepting this invitation, but
it would give you the opportunity of evaluating how effective
is the communication that exists between this nation and Region
II, from which we are part with other Caribbean areas.
If. we were to' be considered as a Caribbean link, we could share
participation of environmental justice issues. We could be the
means of communications with our Latin American brethren.
I believe this is the moment to learn from those who love
nature, since we are also the ones who need to care for nature
because of our indifference, lack of knowledge and apathy.
We understand that in a joint venture with government,
industry, commerce, civic groups, religious groups and the
common citizen we can stop the environmental destruction.
The message that this Council needs to transmit to the Humanity
. should go well beyond the boundaries of the United States by
means of communication and education. Good and bad habits are
learned from youth in our homes and through education, in
school or in church, and these set the base which could yield
good or bad results in adulthood.
TRABAJANDO POR UN AMBIENTE LIMPID Y SANO PARA TODOS
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PRlSIDENT OF) COTfiCAMBOF PUERTO RICO"
TO THE ENVIRONMENTAL COUNCIL OF ENVIRONMENTAL*'
JUSTICE ADVISORY COMMITTEE =
COTICAMt. is a non-profit organization, duly =
registered at the Puerto Rico Department of =
Justice for over six years, it is a committee l
which promotes dialogue, and is made up of !
volunteers from communities, civic leaders •
representatives from commerce and industries' s
and representatives from municipal, state and l
federal agencies. i
•
Our primary objective is the preservation and l
conservation of the environment and of our =
natural resources in general. ":
From our very first days, we have developed «
S59??™ ^ PwaectB Conveyin9 revolutionary :
and firm ideas which respond quite well with '=
the concepts contained in the Environmental '
Justice principles, even though these wPre ^
exposed long before they were signed into =
V0rtr.by Preslde"t Bill9 Clint™ I
Environmental Protection Agency i
? i.11' WG have emPhasized about I
.that are present in Puerto RJco =-
- northern Part of 'the j
were filled with happiness and satisfaction
by the referred Executive Order, since it
^S-We- WereKWitneSsing a case of thought
transmission between our group and the
President of the United' States . He, as well
a« Vice-President Al Gore, have shown, Ind
there is no doubt about this, that there wil]
be no justice done unless humanitarian
decisions are taken for everyone, regardless
of their social or economic condition
-------
We believe this to be the case for -if the
Ozone layer continues, to be affected, if we
contaminate our atmosphere, our soils, and our
waters without having established and
implemented laws, and before we have entered
into dialogue with all communities in our
hemisphere, sooner or later we will all be
affected. It is well known that we all
breathe, we detect odors, and we ingest our
nourishments. ,Some think that only low income
people or those who are less able to defend
themselves.are vulnerable to adverse effects.
What we hold to be true is that we would all
be affected.
In .our humble opinion, what we may have done
to this day in the Environmental Justice
program may not be enough. x As the saying
goes, we have to prevent, so that we will not
need to take remedial actions. The Government
of the Unites States, through the
administration of the Honorable President
Clinton, has pointed out and sustained that
this is the moment to work together to avoid
the continuous discharge of contaminants to
our waters, our atmosphere and our soils.
These spread, and have the final effect of
hurting our entire hemisphere. Environmental
violence which today prevails in our Nation is
affecting all of us. Environmental violence
is so damaging as the violence caused by
crime, the drugs and family violence. We also
believe that the parameters used to measure
what is contamination should be representative
of the geographical.area being investigated.
Placing one rule for all, threatens the very
concept of environmental justice.
Today there are millions and millions of
dollars and . great quantities of human
resources are assigned to search for cases of
adverse effects on the environment. However,
in this area which I refer to as "unorganized
crime", it is more dangerous because we do not
have the economic or human resources to hunt
and solve ;situations which could become
catastrophic for the. present and future
generations. Every day there are crimes
.committed against the. environment, and the
damage that is being done, is advancing slowly
but.firmly.
As COTICAM's President, as a humble citizen, I
would like to invite you to develop an
energetic campaign to invite citizens to
become involved as volunteers in the defense
and protection of what God has delegated to
•us: our mother nature. That we support our
President, our Vice-President, and all other
persons who in one way or another do not wish
to become entities in our own destruction
through negligence, for lack of faith, or for
lacking in our moral or strength of,will. Let
us make a conscientious vow that we will not
fail before our sons and grandsons, nor to our
people. There can be no justice if we are
overly thrifty; there will be no peace if we
are not willing to talk and share as human
beings. Let us make this program and this
Committee into the base that will lead us to a
safe port: a better environment for a better
health that will guarantee an improved quality
of life for all of us.
-------
I III
-«-- „ •
!
Director of
II;!I tbl
Mr. Carl
i •
II
III
tilll
1 'Coordinaor
n
r'
=
Melva Hayden. -
Justice for
, Director of
Environmental Justice;
National Environmental
and to all aqencies and
Sd and fr°ni the United es
who have made it possible for us to
Ranoay< HS ^ Wlth US *1SO 2£ Rosa
Ramos, who is a great Puertorrir^n
i environmentalist, who, „ mysllf SK
Expecting nothing for personal or econp^S
' dPri?;^3Ve dedicated' are dedicating and wil 1
, dedicate as many years as God allows us i-
ou tenti0n °* a
December 10, 1995
xisro
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COTICAM
I
s considers as its most important
success a' the integration of the ihiunidpfcl,
state, and federal governments along with the
and
industry, civic arid religious groups,
members of the community in a dialogue
committee, whose aim has been the integration
of everyone's effort towards the effective
solution of our environmental problems and the
attainment of improvement in our quality of
life.
i In 1992, COTICAM was able to obtain the
- closing of an isolated rural road {Route
I #672), which was extensively used as a
« clandestine dump site. We are presently
| pursuing the cleanup of the closed road.
= In May, 1993, a unanimous resolution of
I COTICAM was emitted during the Annual Assembly
I which established the promotion of an
" environmental course as part of the Secondary
I School curriculum. This measure has since
, become mandatory through an Executive Order
I signed by the Governor of Puerto Rico.
1 COTICAM proposed the creation of a volunteer
i group with a mission of acting to prevent
i pollution activities in the northern sector of
Sthe island. Recently, Geol. Pedro Gelabert,
(Secretary of the Department of Natural
sResources), announced the official creation of
Ethis volunteer group.
1 COTICAM was able to persuade the Manatl
[Municipal Assembly to approve Municipal Law
iNo. 13, aimed at the protection of underground
I waters. . We are now pursuing the adoption of a
I similar law, but on an islaridwide scale
-------
The Puerto Rico Environmental Quality Board
placed COTICAM together with the Municipality
of Manati as active components of the 1991
Umbrella Plan for underground waters studies.
COTICAM was the key element in the obtention
of this agreement which led to the creation of
the first Well Head Protection Program with
the invaluable technical aid of the U. S.
Geological Survey. Several years.of study
were conducted yielding to Reports.now being
published, which give a status of the
underground waters and lead to the
"implementation for their protection and
improvement.
The USEPA, Region II, presented COTICAM the
"1996 Environmental Quality Award", for its
achievements in the protection and enhancement
of environmental quality.
The Puerto Rico Environmental Quality Board
awarded COTICAM with a recognition as the
"Grupo Acci6n Ciudadana Ambiental del Aflo
1996", (Environmental Action Group for 1996) .
COTICAM was able, through its internal
coordination efforts with State government
Agencies, to achieve the initiation of
construction activities leading to the
internal lining of the trunk sewer pipes
serving the city of Manati. In this effort,
COTICAM acted together with the Puerto Rico
Aqueducts and Sewers Authority, the
Environmental Quality Board and a significant
number of industries located in our area.
I ,
COTICAM was also able to coordinate for the
obtention of sewage services for several
sectors of the municipality of Manati .which
lacked this basic need.
Lastly, a Committee for the Protection of the
Tortuguero Lagoon (a critical natural habitat
for many unique species), has been organized
with the cooperation and participation of the
Puerto Rico Planning Board and many other
interested Agencies and. industries at State
and local level.
During this year, 1,700 students from the
north central area have been taken part in
chats and educational activities conducted by
COTICAM as a part of our Educational Plan.
Students and community groups have been guided
specially about the protection of our
underground waters.
With this orientation, we have made possible
that each school of the Manati Scholar
District has an environment group who works on
behalf of their communities well-being.
$
-------
|| COTICAM has been recognized for its level of
* excellence as a community group working on the
rimprovement in the quality of our environment,
»jby means of the granting of the "Environmental
([Quality Award" by the EPA, Region II, in 1996.
!jThe Environmental Quality Board of Puerto Rico
^awarded COTICAM with the "Community Action
ilGroup" recognition for its achievement in the
;iintegration of state, Municipal, industrial,
Icivic, religious and community action groups
ifinto an effective environmental action force
whose aim was the conservation of our
environment and the preservation of our
natural resources.
r
We wish to point out the Major of Manati, Hon
Juan A. Cruz Manzano, along with the Town
Council and its President, Hon. Jose* Cacho,
recognized COTICAM for its work and
- ' *
S«e
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Z^I wr"1 ^caAM^mn.lu'rftig1 |iqs sixiyea-tl
SenC\SLMr'!LF:^k Coss' Iwh° M a iteHf
environmentalist .1
selected, together"
Mr. Norton from
i - • i r-— v i "%.-.*;
Deader, sportsman, , and
• • +*£++++• V*LJ|UlA»*f f C*il\J
"Recently, Mr. Coss I was:
with Dr. Neftali: Garcia' and
Industrial Mission, to re-
present the [communities before the
International " Olympic Committee, who is
considering Puerto Rico as a possible site for
the 2004 Olympic games. National and!
international representatives of this
organization were present in Puerto Rico to
hear what these three environmentalist had to
gay.
Recently, COTICAM has been honored by beinqi
.invited to participate in the activities of!
the National .Environmental Justice Advisory1
Committee of the USEPA. i
All of the aforementioned acknowledgements!
serve COTICAM as a stimulant to continue on!
its daily effort in preserving the quality of!
our .environment' as a tool towards the>
improvement of our quality of life for present
and future enjoyment by those who share with
UB the beauty of our island.
COTICAM, through its President, Frank Coss,
exhorts all the environmental leaders of our
country to unite and organize an Environmental!
Institute to be located in a beautiful part of
the Puerto Rican rural area. The purpose ofi
this Institute would be to promote technical
knowledge about the environment and its!
protection through the search of improved!
communications techniques that would promote)
dialogues and the generation of united fronts,!
from where educational approaches will be^
developed aimed at the sound formation of ourr
youth, who are holders of the direction our
future environmental quality.
1-!
-------
To that effect, Mr. Coss will take the first
step and hereby offers an acre of land where
this "Environmental House" can be built. If
the offer is taken, and the idea flourishes,
it will be the first community formed location
to serve in the education, prevention and
improvement in the quality of life.
cross
Distinguished civic leader, sportsman, and
environmentalist. He presided the United
Retailers Association Board of Directors,
American Red Cross Local Council, Manati
Sports Association, Future Farmers of America,
and CODERCO (Community Development Committee).
Partner of the Hispanic Parade in New York.
Member of the Puerto Rico Chamber. of
Representatives in which presided the Internal
Matters Commission.
For the last six years, had preside the Comite1
Tim6n de Calidad Ambiental de Puerto Rico
(COTICAM) as a volunteer leader.
7
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-------
SUGGESTIONS FOR THE NATIONAL ENVIRONMENTAL
JUSTICE ADVISORY COMMITTEE:
SUBCOMMITTEES ON PUBLIC PARTICIPATION AND ACCOUNTABILITY AND ENFORCEMENT
Submitted by: Marcia Moore, Planning & (NEPA) Environmental Analyst, Bureau of Land Management, a bureau under the
Department of the Interior. Agency Environmental Justice Coordinator, member of Interior's Interagency Committee on '
Environmental Justice. Education includes a bachelors degree in biology and business management, and master of arts in
science writing, all with an emphasis on environmental poijcy and government communications with the public on
environmental issues. I can be reached at (202)452-5050.
The following suggestions especially pertain to the implementation of enyironment justice-related
actions in the operations of public land agencies and bureaus under the Department of the Interior.
Staffing: Recommend to the DOI Secretary that employees assigned to environmental justice-
related duties increase their time spent on environmental justice to full-time or at
least half-time.
Also, recommend that the Secretary's office immediately detail someone to resolve
priority EJ issues and implement critical EJ actions within 6 months. The long-
term effort should be to hire someone on a full-time basis.
Issues: 1. Resolve the role of EPA in the socioecohomic impact analyses of NEPA
processes of other agencies, beyond their role as reviewers of NEPA documents.
What is the anticipated workload of EPA's EJ staff? Is there adequate direction from
the President and other leaders to permit certain actions? How should EJ staffs of
other agencies deal with objections to EPA's involvement in the NEPA process? Will
EPA be the primary holder of socioeconomic and demographic data, in a similar fashion
as the Fish & Wildlife Service is the primary holder qf T&E species data?
2. Departmental policy statements needed on coordination with.EPA and #1.
*•.
3. If no standards for socioeconomic impact analysis during the NEPA process are
provided by CEQ, then internal standards should be issued as a result of collaboration
with EPA. The internal standards would need to be bureau-specific.
4. Existing professional needs analyses are available for most bureaus, which show a
lack of sociologists and economists. The affect of this on EJ analyses for NEPA
should be understood and a strategy for correcting the problem-if any- should be
implemented.
5. An effective network of interagency EJ staffs is needed for communication,
education and training purposes. Videos and training materials,are available, but are
not getting out to the right staffs.
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fThey will kill this river'
INDIANS FZOMPAGEC1 .
•'%•*'
caught in the surrounding swamps.
'Today, only about 60 of the 460.
tpbpl members live on the ISO-acre
reservation. The river represents a
spiritual force in their fives.
• ''The rivers of the world feed the••
• indigenous people," said Maria Ke-..
:• shi9k, an Ottowa Indian from Michi-
• gjn,who is working on the Mattaponi
reservation as an oral historian. "In-
' dSans consider the river to be the
Ifeblood of their nation."
: > To Custalow, the river has its own'
n«fds that w*? .must respect. Take
tooVmuch of anything, water or game,
• andTfeture wSl go awry.
• » He said he learned that'lesson at
& 'early age, when his father en-'
forced the reservation's law against
. shooting too many wild turkeys.
J "One. of the nicest whippings -I
ever got with a dogwood switch was
for lolling two turkeys at one time.
•Jhe Indian way is to Just get what'
Xou need to eat." . . •
f Custalow's son. Carl, the tribe's
V. assistant chief, contends that New-
: gortNews would have all the water it
Seeds to meet future demands if the
s§.
•^'concerns that itwfll upset the efMronmental balance and flood ancestral lands.r;'
reservoir include Newport News,
WflJiamsfaurg and Hampton, plus the
counties of York, James City, New
Kent and King William.
The project would create a reser-
voir 6 mflgy long, running diagonally
across King William County between'
the Mattaponi and Pamunkey reser-
vations.
It would food 524 acres of wet-
lands and 1,457 acres of upland for-
est Both areas are valued as wildlife'
habitat, raising serious questions
from the U.S. Fish and Wildlife Serv-
ice and Environmental Protection
Agency. - ,
Also inundated would be more
than a hundred Native American ar-
chaeological sites dating back 8,000
years, which the tribes say represent
their unwritten history.
Under federal law, the waterworks
partners must excavate and study a
portion of the archaeological sites.
Warren Cook, assistant chief of the
Pamunkey tribe, said he is concerned
that the reservoir could cover undis-
covered prehistoric Indian sites.
The Mattaponi tribe voices anoth-
er worry. The reservoir would reach
within a mile or so of their reserva-
tion boundary. They fear the reser-
voir, and the ring of lakeview housing
developments they expect will fol-
low, will dash their hopes to one day
expand the reservation.
"Personally, I think we should
have been at the negotiating table"
when King William County, and New-
port News struck their deal, Assist-
TOCS-OSTWCH
ant Chief Custalow said.-
The Mattaponi are using a private
grant to mount an offensive against
the- project' An Indian advocacy
group in Fredericksburg, the First
Nations Development Institute, re-
cently awarded the Mattaponi
$5,000. Among other things, the
Mattaponi plan to research eady
treaties with Virginia's Colonial gov-
ernment in hopes of finding legal am-
munition to fight the'reservoir.
It remains unclear how the reser-
voir project wfll fare before federal
and state regulatory agencies. A final.
environmental impact study is due in
mid-January. It was ordered by the
US. Army Corps of Engineers earli-
er this year to address inadequacies
in two earlier studies.
The corps also has asked Newport
News Waterworks to consider reduc-
ing the size of the reservoir to lessen
the impact on wetlands and forests.
The Indian attack comes at a time
when environmental opposition to
the project seems to be gathering
steam.
In July, The Sierra Club of Virginia
announced that it would try to stop
the plan. More than 500 people have
joined the club's Alliance to Save the
Mattaponi.
One of them is 72-year-old Tom
Minor, of Aylett. He says the Matta-
poni River means too much to too
many people who enjoy it for its
uninterrupted beauty and wildlife
bounty.
"We love it," he said.
-------
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SUNDAY; DECEMBER 8. me •.
DEMOCRATS G2
REPUBLICANS C3
NATIVITY ....C8
They will kill this iweiti
«/ . .. . . •::'•• .'-,' ;.''r.}.V''-rr
'. . '•''
! '••..
'•,••.-. ••'•
fieserawr proposal doesn't s«f tueKwnf/i naftue fn'fces • 'j!::&
• ' ' ' ' ••••••'
BY LAWRENCE LATANfe III
TIMES-DISPATCH STAFF WRITER
KINO. WILLIAM
Indian opposition to a proposed reservoir in
King William County is adding a cultural debate
to an environmental controversy.
The Mattaponi Indians and the Pamunkey Indi-
ans, two of the oldest, tribes in the nation, are
the impoundment as a threat to their
nds and traditional way of life.
The battle marks a rare foray into politics for
both tribes. They have lived in relative isolation on
separate King William County reservations since
signing peace treaties with the British Crown in
Cohoke Milt Creek.'
the 17th century. . •, • •" " '.;. •'."•'.•' 'A string of muskrat skulls, mummified muskrat '•:,
A coalition of localities including Newport News ''feet and bones hang from Custalow's neck and.''-
and King William County wants to build the reser-' •' clatter in the wind as the old chief treads the shore •
voir to slake the thirst of the growing population of •;' of the river that flows beside the Mattaponi reser-.
the Lower Peninsula through the year 2040. '-'vation. '•:••(:'•,'• >' ',- ' ••'•'•
Webster Custalow, the ,84-year-old chief of the .";•" Custalow says he was born with a gift for seeing -.
•Mattaponi, says the $121! million' project endanv . fPints and receiving premonitions, but he never
ored his tribe for-''Imagined that his tribe would ever face such wor- •
• ... ' ' .••'•'i'ries about Its river.\-'iV-.-'i.,"••'.••.•• ,':'V >!" ''••'•,.'
' "','..., i('<|1" • As they have for centuries, Mattaponi Indians' >:
tj WatCr anQ lOOO, ' . Aoli te\r o\\iA liAt-rinn 9nA etrinnrl liqna-in Ilin riuAl*
gers the river that has .'nurtured
centuries. . • f
"It's been our source of fish, water and lood," •: jjs|, (or gh'adi herring and striped bass:in the river.
Custalow said recently. "If they put that reservoir. :They hunt ducks in winter, turkey gobblers in
up there, they will kill this nver.".., - • • • • -i -, rgpring and ^ey once lived off the muskrats they
The proposal doesn't call for damming the Mat-'lr-—-
nnn! River. Rut it wntilri nnmn un to 75 million i1 " '
.
taponi River. But it would pump up to 75 million'-1." [ . ..
PLEASE SEE INDIANS, PAGE C6 >•
RIVER RESPECT. IVUttaponl Chle) Wefatter "Uttle
'the Mattaponi River hat It* own need( that man r
I
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•
SPIRIT LAKE .DAKOTAH NATION
TRIBAL PERSPECTIVE: RECOGNIZING THE COUNCIL
OF ELDERS OF SPIRIT LAKE DAKOTAH NATION
BY ASTEL CAVANAUGH
ECOSYSTEM DEVELOPMENT PROJECT
NOVEMBER 12, 1996
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TRIBAL PERSPECTIVE: RECOGNIZING THE COUNCIL OF
ELDERS OF SPIRIT LAKE DAKOTAH NATION
Before the boat people (Europeans) invaded and colonized
Indigenous Nations in the Northern hemisphere we lived in harmony
and balance with our traditional forms of governmental systems.
We relied on the , advice of tribal elders and spiritual advisors
to guide us in our decison making roles as leaders of a Nation.
Tribal elders and spiritual advisors were held in reverence.
honored for their wisdom and knowledge, respected, and assigned
authoritative roles to heal the Nation and its people. They were
interwoven in the fabric of tribal society and government that
relied'on them for the survival of a Nation. When the Europeans
began exerting their tactics and pressures of colonization among
Indian-Nations the intuitive wisdpm of an elder and spiritual
advisor was vital for the Nation to plan'and react. Without the
visionary thinking of tribal elders and spiritual advisors the,
cultural survival of Indigenous homelands, governments, language,
and society stands to lose much more than it's identity.
The interpretation of sovereignty is embedded in every
Indigenous Nations treaty as well as the inherent right to co-
exist . with all relatives on Mother Earth. To define it in
relative terms can only be understood and felt by an Indigenous
member. To afford tribal elders and spiritual advisors a long-
overdue opportunity to assert their natural rights and voice on_
key decisions must be supported by Indigenous governments today.
Spirit Lake's constitution and by-laws are premised on democratic
principles of the United States constitution and colonial
government domination.• It is our assertion that the role of
elders and spiritual advisors on Spirit Lake Dakotah Nation is
diminished and must be included within the realm of 'political
decision-making that impacts the cultural, social, and spiritual
well-being of its people. We need to give them opportunities of
engaging in discussions on subject matters of social, cultural,
and environmental significance.
-------
IIIIlllll III II 111 III l«ll Jill III II
Secondly, it fails to assign them roles as political advocates on
Sensitive subjects reTated"' to'" E'E'e desecration ' of sacred 'burial
suites andholy places by development contractors and tribal
government. """
Indigenous people havealways strived to work "toward
1111 HI i II Illllli 111 Ill Hill
(IV Jlii
protecting our Mother Earth, fighting forthe sustainability of
y, ' , ^^""T'.-T'^'rr'J -i™™ .ii i.^ buffalo 7 medicine plants ) , and
inhabitants
(E
• IIIII I!lilil11" IIlliili
'medicine
protectingthereligious rights of a community. At the National
level, Indigenous Nations have sought to implement and adopt
"'§ t r i n g e n t re gul aTi ons t h at do p" r ol:'ec"€ sac fed burial sites, holy
glaces, and the spiritual practicesofIndigenous Nations.
Spirit Lake Dakota Nation hasremained autonomous and self-
since the treaty of 1867, but,, we are functioning
specific tribal regulations that would protect its'
r ™ • * • - • '. sovereign interest over na tursTf reso"u r c e"s "r ; de s ecration'of. sacred
sites and holy places, environmen t a 1 impacts (flooding,
^^1'^;;|;^I^lJ51gJ5{{1j1Q development,' poT'l'u^i o'n'j"! ' Why has i t taken us. brie"
„ ! 3| ! i Ill iHHH , 1 11 pa j ! i ' a w i«,,« m t \. , , t -
• - " •'•'* '"""'' "-'hundred and thirty years (130) to figure out what needs
protection from the onslaught of the U.S.colonization of
:i|=^^ homelands? The answer 'to' Spirit " Lake's dilemma
"'~" '!'"III:""' ",;;• ID e come s ' ' ap"paYeH t wh e n we o p e' n bur iSi'nd s and hearts to • the
er"s and Spiritual
, .,,, ,, , „,,„, &dy_i_sor_s| and ^eaidershTip "" !EEa"€' provTcTed the""balance.' We "are' faced
~-' ^ *- a set ious ecolog i c"a'f d' I s a s t e r ' (flooding) to SpTr" it' Lake
Nati_on_ that Has impacted the social and" cuTFural balance
i(i,iH^^^^ i.iiii^
our ^people. ' " Our :""I'h""digen6us homelands will ne've'r be'ffie same
^He^_~ri^in_g^ waters redefine the boundaries of Spirit Lake
Spirit Lake elders and sp'Trl €ual 'advisors have warned us
isiii ii. £*, is 'BT^f Impend i hg dang e""r"s y e t t o c ome and t Ha t o"u f ft'b ther Eiarth is
K^P''!^i!ll'|i§^9WgHHM|liHtWl|inHIIUlHMHia^: IMWIMIW ,» ™i •
•«^ sufferage. We are also ' told o'f the d'"i'"s"c"oh""rie"c'tion to our Mother
ijjjljiiiiijjjdlj ,| lljJIiiJijjiil ,||i j1 iliiiiiiiiiiiiiiiiiiiJiiiipiiiiiiiiiiiiiniiqiii Illnlirllf |n| ' if"" ' i , , " '
when dec is'ions' are'' ' "f fide red 'that fail 'to' consider the
'cllTtiuraT,; 'social'^ and environmental1 ImpacTs™ to "Human lives.'
'
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Page 3.
The impact of such decisions doesn't exempt tribal people from
the disaster as we continue to sit idly and allow the State of
N.D., "Federal Agencies (Army Corps of Engineers), Federal
Bureaucracies (BIA and IHS), and county officials to decide on
stabilizing the Spirit Lake. The sustaining views and knowlege
of tribal elders, spiritual advisors, and tribal members of the
boundaries of Spirit Lake Nation must be fairly represented and
taken into consideration before any decision is rendered by
tribal council. The failure of tribal government to protect the
boundaries of Spirit Lake Dakotah Nation will reinforce in the
minds and hearts of its people that 'environmental injustices'
are, indeed, a given reality. To protect the legal and natural
rights that are reserved in our treaty for the people must be
prioritized above all 'else. The treaty of 1867 between the U.S.
Government and Spirit Lake Dakotah Nation (Sisseton Wahpeton)
will demand of us to respond to the present and future legal and
environmental implications associated with the natural disaster.
We must strive to work collectively on this issue which, demands
that Spirit Lake Dakotah Nation now recognize the Council of
Elders made up of traditionalist and spiritual advisors. They
will bring to tribal council and the people their visions, ideas,
stories, advice, and traditional knowledge of Spirit Lake Nation
as it strives for balance and harmony. We will recognize and
honor their life experience, intuitive wisdom, traditional
Dakotah background, and Indigenous perspective by acknowledging
the creation of a much needed 'Council of Elders.1 To further
acknowledge the Council of Elders we are requesting of Tribal
Council to pass a resolution that will both honor and value an
essential component of Indigenous society on Spirit Lake Nation.
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