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''~™'''i: J";t''"'''sifc:p!!*ifasSf5-;i^sis^
-------
-------
Summary of the Meeting of the
National Environmental Justice
Advisory Council
A Federal Advisory Committee
Marriott City Center
Oakland, California
May 31 -June 3, 1998
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: r
-------
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 39
individuals serve -on the various subcommittees. To date, NEJAC has held twelve meetings in the following
locations: .
Washington, D.C., May 20,1994 . . '
• Albuquerque, New Mexico, August 3 through 5,1994
Herndon, Virginia, October 25 through 27,1994
"'- ~- • f ' • •
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 ,
• . Wabeno, Wisconsin, May 13 through 15,1997 ..•".'
Durham, North Carolina, December 8 through 10, 1997
•''.•'-' ^ - .
• Arlington, Virginia, February 23 through 24,1998 (Special Business Meeting)
,• Oakland, California, May 31 through June 2,1998
The NEJAC also has held other meetings which include: , , .,
• Environmental Justice Enforcement and Compliance Assurance Roundtable, San Antonio, Texas,
October 17 through 19,1996 ,
EPA Region 4 Environmental Justice Enforcement Roundtable, Durham, North Carolina, December
11 through 13,1997 ., -
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:
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) -
, • , NEJAC must provide independent judgment that is. not influenced by special interest groups ,
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I1 Ill
^ formed to deal with a specific topic and to facilitate the conduct of the business of NEJAC,
5o,jncj 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
recommendations 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.
NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
MEMBERS OF THE EXECUTIVE COUNCIL
(1997-1998)
Designated Federal Official:
Mr. Robert Knox
Acting Director, EPA Office of Environmental Justice
General Members
Mr. Don Aragon
Ms. Leslie Ann Beckhoff
Ms. Christine Benaily
Ms. Sue Briggum
Ms. Dollie Burwell
Mr. Luke Cole
Ms. Mary English
Ms. Rosa Franklin
Mr. Amoldo Garcia
Mr. Grover Hankins
Mr. James Hill
Mr. Lawrence Hurst
Chair:
Mr. Haywood Turrentine
Ms. Annabelle Jaramillo
Ms. Lillian Kawasaki
Mr. Charles Lee
Ms. Vernice Miller
Mr. Gerald Prout
Ms. Rosa Hilda Ramos
Mr. Arthur Ray
Ms. Jane Stahl
Mr. Gerald Torres
Mr. Baldemar Velasquez
Mr. Damon Whitehead
Ms. Margaret Williams
EPA's Office of Environmentai 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:
envimnmental-justice-epa@epamail.epa.gov.
Executive Summaries of the reports of the NEJAC meetings are available in English and Spanish on the
Internet at the NEJAC's World Wide Web home page:
http-Jwww.ttemi.comfnejac.
i'l( B,^! jj I'M [ihj;,
, ,/i'lllllll!
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TABLE OF CONTENTS
Section
PREFACE
Page
EXECUTIVE SUMMARY . '...,..' ES-1
CHAPTER ONE: MEETING OF THE EXECUTIVE COUNCIL
1.0
INTRODUCTION ~.. . 1-1
2.0 REMARKS ..... . 1-2
2.1 Remarks of the Chair of the Executive Council of the NEJAC , 1-3
2.2 Remarks of the Principal Deputy Assistant Administrator, EPA
Office of Enforcement and Compliance Assurance , 1-4
2.3 Remarks of the Regional Administrator of EPA Region 9 1-5
2.4 Remarks of the Assistant Administrator of EPA's Office of
Enforcement Compliance Assurance 1-6
3.0 PRESENTATIONS ... 1-7
3.1 Report on Activities of the Environment and. Natural Resources
Division of the U.S. Department of Justice 1-7
3.2 Report on Activities of the White House Council on Environmental Quality ........ 1-9
3.3 Report on the Activities of EPA's Office of Air and Radiation 1-11
3.4 Report on the Activities of EPA's Office of Civil Rights 1-13
4.0 REPORTS OF THE SUBCOMMITTEES . 1-16
4.1 , Enforcement Subcommittee 1-16
4.2 Health and Research Subcommittee 1-16
4.3 Indigenous Peoples Subcommittee - - - - - 1-17
4.4 International Subcommittee 1-18
4.5 Public Participation and Accountability Subcommittee 1-18
4.6 Waste and Facility Siting Subcommittee 1-19
5.0 '„ ADMINISTRATIVE ISSUES 1-20
-.«.. T • •' • ...
5.1 Review of Action Items and Resolutions 1-20
5.2 Closing Remarks of the Chair of the NEJAC 1-21
5,3 Next Meeting of the NEJAC , 1-21
6.0 RESOLUTIONS ,. , 1-21
6.1 Resolution Forwarded by the Health and Research Subcommittee .............. 1-21
6.2 Resolution Forwarded by the Indigenous Peoples Subcommittee ,1-22
in
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Itti'fl ill"!!!!! !•!!•'! 1! ("5
(I1.
Section
WAPTERiTfrO: SUMMARY OF PUBLIC COMMENT PERIODS ,
1.0 INTRODUCTION ....... ............. ........... ... ...... . . .......... . ....... 2-1
2,0
PUBLIC COMMENTS PRESENTED ON MAY 31, 1998 .2-1
2.1 Michael Green, Director, Center for Environmental Health,
San Francisco, California 2-1
2.2 Manuel Leal, Farm Worker, Sanger, California 2-2
2.3 Ward Young, Bay Area Nuclear Waste Coalition, Bolinas, California 2-2
• 2.4 LaDonna Williams, Director, Midway for Child Health and
Environmental Justice, Vallejo, California ... i 2-2
2.5 Kathy Landry, Calcasieu Ladies for Environmental Action Now (CLEAN)
sipd iyiqssville Environmental Action Now (MEAN), Mossville, Louisiana 2-3
2,6 Ephraim Camacho, Center on Race, Poverty & the Environment,
California Rural Legal Assistance Foundation, Fresno, California 2-3
2.7 Erasto Bautista, Resident, Tall Pines Trailer Court, Malaga, California 2-4
2.8 Minuel EscohdidoJ Resident, fail Pines frailer Court, Malaga 2-5
2.9 Diane Prince, CLEAN and MEAN, Mossville, Louisiana ." 2-5
2.10 Grace L. Hewell, West Alton Park Neighborhood Association,
"5 ' •' "':i'; : :l Cnattenooga,Tennessee ..,.>. • 2-5
2.11 Debra Ramirez, MEAN, Mothers of Mossville (MOM), Lake Charles, Louisiana 2-6
2.12 Greg Karras Communities for a Better Environment, San Francisco, California 2-6
2.13 Henry Clark, West County Toxics Coalition, Richmond, California 2^6
2.14 Dana Lanza, Literacy for Environmental Justice Project,
San Francisco, California 2-7
2.15 La Vonne Stone, Fort Ord Environmental Network, Marina, California 2-8
2.16 Alex Lantsberg, Southeast Alliance for Environmental Justice,
Bayview-Hunters Point (BVHP), San Francisco, California 2-8
2.17 Maricela Mares, People for Clean Air and Water, Kettleman City, California 2-9
2<18 Maricela Alatprre, El Pueblo Para El Aire y Agua Limpio,
Si; ;,:; i - "'',>->':""!;'• Kettleman City, California 2-9
2,19 Hirqld Logwood, Oakland/East Bay Minority Business Opportunity
Committee, Oakland, California 2-9
3lO PUBLIC COMMENTS PRESENTED ON THE AFTERNOON OF JUNE 1, 1998 . .: 2-10
3,1 MrJ Robert Kuehn, f ulane University Law School, New Orleans, Louisiana ..2-10
3.2 3iyeny Wright, Deep South Center for Justice, Xayier University,
New Orleans, Louisiana ,.,, 2-11
3.3 Robert £?: Pu"€r^j §nv!f9nrn®ntal Justice Resource Center,
Clirk Atlanta University, Atlanta, Georgia .' 2-12
3.4 Danny Kennedy, Project Underground, Berkeley, California 2-13
3.5 C'hris Peters, Seyenth Generation Fund, Arcata, California 2-13
3.6 Monique Harden, Earthjustice Legal Defense Fund, New Orleans, Louisiana 2-13
3.7 l^glanif Mits,ne Okarnoto, Political Ecology Group (PEG),
San Francisco, California 2-14
3.8 Renee Morrispn, Chester Block Club Association, Oakland, California 2-14
3.9 Bradley Angel, GreenAction, San Franc|sco, California 2-15
3.10 Donald R. Browri, Communities for a Better Environment,
San Francisco, California 2-15
3.11 Deborah Robinson, Executive Director, International Possibilities Unlimited,
Washington, D.C 2-16
IV
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Page
3.12 Peggy Saika, Asian Pacific Environmental Network, Oakland, California 2-16
3.13 Vincent Feliz, Seventh Generation Fund, Arcata, California 2-17
3.14 Mike Gardner, People of Lake Davis, Restore Lake Davis Committee,
Graeagle, California ... ' 2-17
- 3.15 Floyd Buckskin, Pit River Tribe, Native Coalition for Medicine •
Lake Highlands Defense, California „ 2-17
3.16 Michelle Berditschevsky, Native Coalition for Mount Shasta, California : 2-18
3.17 Sonia Chavez, Colorado River Indian Tribes (C.R.I.T.)
; Tribal Council, Parker, Arizona 2-18
3.18 David Harper, C.R.I.T. Mohave Elders, Parker, Arizona 2-18
3.19 Wally Antone, Spiritual Leader for Ward Valley, Colorado River
Native Nations Alliance 2-19
3.20 Seth Lubega, Oakwood College, Huntsville, Alabama : 2-19
4.0 PUBLIC COMMENT PRESENTED THE EVENING OF JUNE 1, 1998 •.....; 2-19
4.1 Yin Ling Leung, Asians and Pacific Islanders for Reproductive Health,
Oakland/Long Beach, California 2-19
4.2 Robin Cannon, Concerned Citizens of South Central Los Angeles,
Los Angeles, California 2-20
,4.3 Laura Caballero-Conle, Farm Workers Women's Leadership Network,
San Jose, California 2-21
4.4 Nikki Bas, Sweatshop Watch, Oakland, California 2-21
4.5 Richard Burton, St. James Citizens for Jobs and the Environment,
Convent, Louisiana ... , 2-22
4.6 Geri Almanza, People Organizing to Demand Environmental
Rights (PODER), San Francisco, California and Southwest Network
; for Environmental and Economic Justice, Albuquerque, New Mexico 2-23
4.7 Maria Alegria, Hazardous Materials Commission, Contra
Costa County, California 2-23
••; • 4.8 Laura A. Weahkee, Petroglyph Monument Protection Coalition,
Albuquerque, New Mexico . : :.' 2-24
4.9 David Baltz, Commonweal, Bolinas, California 2-24
4.10 Lehua Lopez, Caring and Taking Care of the Good That Is Puna,
Native Lands Institute, Hilo, Hawaii 2-24
4.11 Patrick Lynch, Clearwater Revival Company, Alameda, California 2-25
4.12 Charles Miller, Law Offices of Charles Miller ......: 2-25
4.13 David Johnson, Committee for Environmental Justice Action,
San Antonio, Texas 2-26
4.14 Pamela Chaing, Fuerza Unida, San Antonio, Texas 2-26
4.15 Olin Webb, Bay View-Hunters Point Community Advocates, . ..
San Francisco, California 2-27
4.16 Jane Williams, Executive Director, California Communities
Against Toxics, Rosamond, California > -. 2-27
4.17 Nancy Nadel, City Council Member, Oakland, California .".."... 2-27
4.18 , Willie Keyes, West Oakland Neighbors, Oakland, California . .. 2-28
4.19 Steve Lopez, Colorado River Native Nations Alliance, Needles, California 2-28
4.20 Damu Imara Smith, GreenPeace, Washington, D.C. .... '. 2-29
4.21 Dennis English, Director of Environmental Affairs, San Jose
State University, San Jose, California '... .2-30
4.22 Patrick Orozco, Pajaro Valley Ohlone Indian Council, Watsonville, California ..... 2-30
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Section
Page
CHAPTERTHREE: MEETING[OFTHEENFORCEMENT'SUBCOMMITTEE ' .. ', , .. .,' , , ...
1.0 INTRODUCTION ....'. 3-1
2,0 REMARKS '. 3-1
2.1 Remarks by the Chair of Enforcement Subcommittee 3-1
2.2 Remarks by the Assistant Administrator, EPA Office of Enforcement and
Compliance Assurance 3-1
3.0 UPDATE ON WORK GROUPS OF THE SUBCOMMITTEE , ...... 3-3
3.1 Work Group on the Open-Market Trading of Air Emissions Credits 3-4
3.2 Worker Protection Work Group 3-5
3.3 Work Group on Title VI of the Civil Rights Act of 1964 ':.....'. 3-6
4.0 PRESENTATIONS AND REPORTS 3-6
4.1 Report on Use of Alternative Dispute Resolution Related
to Environmental Justice 3-6
4.2 Report on Demographic Studies in Environmental Justice Matters ...., 3-7
4.3 Report orii Demographic and Statistical Applications Related to
S't James Pfrish, Louisiana .,..'. ,.. 3-7
4.4 Report on the Sector Facility Indexing Project 3-8
4l5 , Report on EPA's Compliance and Enforcement Program
f!'" •' • ";::;: V"' Related to "Lead-Based Paint . V ............ ' , 3-8
4.6 , Report on EPA's Small Business Compliance Assistance Centers 3-9
SID SIGNIFICANT ACTION ITEMS ...''.".,' r 3-9
' ii"; '. , •• '"' ! :'•'• • HIM',' :. .;!»>.' ^ini *..; •, , - i, .•;::,. i., :". i ;''. i'•, .:, ", s.y 'i;|;;,,i;.,-,"'' ;.'..''', ^'T;.:'."':'•:' ,'•'.'. •" V', !' ; '!" *
CHAPTER FOUR: MEETING OF THE HEALTH AND RESEARCH SUBCOMMITTEE
CO' ' "INTRODUCTION ' J..'."".".'.'"...'.....".'.' .'...'..".'.!.' ". !!'....'.'.V.. ...".:.'-...,,..',.. 4-1,.
£b REMARKS .'.'.'..'.!.'.'.'..,...".'..! '..,..'........ -.4-1
, „, , , , , ,, ,' ••,, :„ ,;,, , ,,n „ ,. ,. i.ii |t, • ,.,,,' \ ' t • ' '' ,'•' ' .»'.,!•! " i
3.0 ACTIVITIES OF THE SUBCOMMITTEE ............. .. . . . . ......'..... '. .,, .......... 4-1
„, , ' .: '.. , '. • • • i - .• „ . ... • , . • •
3.1 Risk Assessment Roundtable Meeting 4-2
3.2 Joint Meeting with Members of the Children's Health Protection
Advisory Committee ,....,....... rv........,,... 4-2
, I I .' '", ': ''' '...:. V>> <"».':: ,.'•'> "'i (Pi •'.'••'..•> • I'' •<•:•:.'•'''•,.; ,.: '"V'"' '.'
4.0 PRESENTATIONS AND REPORTS 4-3
4.1 Office of Pollution Prevention and Toxics , 4-3
4.1.1 Chemical Right-To-Know Strategy 4-3
4.1.2 Environmental Justice Spatial Analysis Tool 4-4
4.1.3 Environmental Indicator Tool <... 4-4
4.2
Lead-Based Paint Study 4-4
VI
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Section
Page
5.0
SUMMARY OF PUBLIC DIALOGUE . . . . . , 4-6
5.1 San Francisco Bay, California ...... '.... .„ '.. 4-6
5.2 Lake Davis, California ..,.......: 4-6
5.3- Midway Village, Vaiiejo, California 4-7
5.4 Community-Based Environmental Protection 4-8
6/0 RESOLUTION AND SIGNIFICANT ACTION ITEM . . . : .'.4-8
CHAPTER FIVE: MEETING OF THE INDIGENOUS PEOPLES SUBCOMMITTEE
1.0 INTRODUCTION . ... :..... '. .... 5-1
2.0 REMARKS .' .:"."... ............ ..5-1
3.0 . ACTIVITIES OF THE SUBCOMMITTEE .:..... 5-1
3.1 Development of a Guidance on Tribal Consultation 5-1
3.2 Establishing Work Groups of the Subcommittee 5-3
3.2.1 Subcommittee Work Group on Title VI 5-3
3.2.2 Work Group on Sacred Sites ,.... - - 5-3
4.0 PRESENTATIONS AND REPORTS . 5-4
4.1 Proposed King William Reservoir, King William County, Virginia 5-4
4.2 National Petroglyphs Monument, Albuquerque, New Mexico 5-5
-4.3 Arctic Native Village, Fort Yukon, Alaska ....,......; 5-5
4.4 Mount Shasta, California 5-6
4.5 Medicine Lake Highlands, California 5-6
4.6 Puna, Native Lands Institute, Hilo, Hawaii 5-7
4.7 San Bruno Mountain Ohlone Shell Mound, San Francisco, California ............. 5-8
5.0 RESOLUTION AND SIGNIFICANT ACTION ITEMS 5-8
CHAPTER SIX: MEETING OF THE INTERNATIONAL SUBCOMMITTEE
1.0 INTRODUCTION . : ; ........... 6-1
2.0 REMARKS '...':.''...._.'..... 6-1
2.1 Remarks of the Chair of the International Subcommittee - - 6-1
2.2 Remarks of the Deputy Assistant Administrator of EPA's Office
of International Activities .'. ........,.:... .6-1
3.0 REVIEW OF ACTIVITIES OF THE SUBCOMMITTEE 6^2.
3.1 Update on the Proposed International Roundtable on EnvironmentalJustice 6-2
• 3.2 Update on the South Africa Working Group of the International Subcommittee .....6-3
VII
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11IIIII IPIIIIP 111 III I (III
II nil
111 11II" I III 111 111 II
Section
Page
4.0 PRESENTATIONS AND REPORT . • ,... , 6-4
4.1 The New River, Imperial Valley, California ..;"/.'."...."."..'.'.'....'.. '......'!'. 6-4
4.2 Update on the Worker Protection Work Group of the
n i , ill Enforcement Subcommittee ,:-: v.,.",,,,,,,,.,.,., '..,..,vr, .iSrr/....,?. •,...• • • --.^ • -..:•,.-,.- •„•„.•,. ,6-,5m(,l.
4.3 Presentation by Grupo Gaviotas, Rosarito, California .".'... !...... . 6-6
5.0 SIGNIFICANT ACTION ITEMS ;... 6-6
CHAPTER SEVEN: MEETING OF THE PUBLIC PARTICIPATION
ill In
1,0 INTRODUCTION ,.....,..,...,.....,. 7-1
2.0 REMARKS \ '." ..^. .... ."... ......... '.",". .. .7-1
s'o ACTiviTIES OF THE SUBCOMMITTEE . . .... .".".'.".". ..... . '*".'. .'.'".'.'.'.;'..' . /.'.". .7-1
3.1 Review of Selected Action Items 7-2
3.2 Revisionsof the Mode! Plan for Public Participation ". .7-3
3.3 Recommendation of the Establishment of a PuertQRlcp:Caribbean
Public Participation and Accountability Work Group .. 7-4
3.4 Participation by Members in Activities of the Subcommittee 7-4
4.0 ISSUES RELATED TO PUBLIC PARTICIPATION AND ACCOUNTABILITY . . . . . . ..... . . . 7-4
4.1 Planning Site Tours for ihe NEJAC !'.,.............'.'. 7-4
4.2 Public Comment Periods of the NEJAC ... v,.'..,!.,........: ...,. ^. r...... 7-7
4.3 NEJAC's Responses to Members of the Public ... i 7-8
5.0 PRESENTATIONS '....';, (.... . . /.,,.....'..'. '!........ 7-9
5.1 Use of Neutral Professionals in Issues Related to Environmental Justice ......... 7-9
5,2 A Community-Based Environmental Protection Framework for EPA 7-11
5.3 Review of the CpmrnunityAdvisoiy Group Toolkit '"."".'."'..'"."."."""'.'. .'."'7-15
6.0 ' RESOLUTIONS AND SIGNIFICANT ACTION ITEMS !....... .'.: 7-16
CHAPTER EIGHT: MEETING OF THE WASTE AND FACILITY SITING SUBCOMMITTEE
1.0 INTRODUCTION ------- - •,'- - -'- - - •".'.'• ••••• - .."........... 8-1
2.0 REMARKS ."'.".'..'.'.. 7..'.'..."..'..''.'... ".'".".". '„ ... ".'..'.'.". ".".'.'.".'..'.'..'. ".'..". .". ..'.".". 8-1'""
3 Q 'plftEigENTAtlONS'AND REPORTS ....... ....;.;.;;... . :. ......... ..... 8-2
3.1 Issues Related to the Superfund Program ..........._. 8-2 .
" , ' . ; . in , , |,,,i' ,.,.„'.,, ,,„
3.1.1 Status of the Superfund Reauthorization Process 8-2
3.1.2 Status Report on the Policy on Relocation under Superfund 8-4
VII(
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Section
Page
3.1.3 EPA Plan to Enhance the Role of States and Tribes
in the Superfund Program - -. • 8-7
3.1.4 EPA's Response to the NEJAC's Resolution on - - '
Superfund Sites in Puerto Rico ....,: .8-8
3.2 Status Report of the Waste Transfer Station Work Group •. 8-9
3.3 Update on EPA's Community-Based'Environmenta! Protection Program .8-11:
' 3.4 Update on the Risk Assessment Roundtable 8-12
3.5 Brownfields Issues •...., 8-13
3.5.1 Status Report on EPA's Brownfields Program 8-13
3.5.2 Minority Worker Training Program 8-15
3.5.3 Status Report on the ASTM Standard Guide to
Brownfields Redevelopment 8-15
4.0 SUMMARY OF PUBLIC DIALOGUE ....... ..-., 8-16
4.1 Urban Habitat Brownfields in the San Francisco Bay Area r.... 8-16
4.2 Environmental Contamination in Calcasieu Parish, Louisiana 8-17
5.0 SIGNIFICANT ACTION ITEMS V. . .. '. 8-18
APPENDICES
A List of NEJAC Members
B List of Participants
C Written Public Comments
IX
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''Ml.' 4*1, ''J!'!"
'>' I, "
III III
/• „',.
I;:
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EXECUTIVE SUMMARY
INTRODUCTION
This executive summary provides highlights of the
twelfth meeting of the National Environmental
Justice Advisory Council (NEJAC), held May 31
through June 3, 1998 at the Marriott City Center
Hotel in Oakland, California. The Executive
Council of the NEJAC met on May 31, June 1, and
June 3,1998. Each of the six subcommittees met
for a full day on June 2,1998. In addition, on May
31, members of the NEJAC participated in a
driving tour of several communities in the Oakland,
North Richmond, and Richmond areas to learn
about environmental issues and concerns of
importance to those communities. The NEJAC
also hosted a public comment period on May 31,
1998, as well as two public comment periods on
June 1. Approximately 350 persons attended the
meetings and the public comment sessions.
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.
Haywoqd Turrentine, Laborers' District Council
Education and Training Trust Fund (an affiliate of
the Laborers' International Union of North
America), serves as the chair of the Executive
Council. Mr. Robert Knox, Acting Director, EPA
Office of Environmental Justice (OEJ), serves as
the acting Designated Federal Official (DFO) for
the Executive Council. Exhibit ES-1 lists th% chair
and DFO of the executive council, as well as the
persons who chair the six subcommittees of the
NEJAC and the EPA staff appointed to serve as
the DFOs for the subcommittees.
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 has access to the
executive Summaries of reports of previous
meetings, as well as other publications of the
NEJAC through the World Wide Web at
http://www.ttemi.com/nejac. The summaries are
available in both English and Spanish.
Exhibit ES-1
NATIONAL ENVIRONMENTAL
JUSTICE ADVISORY COUNCIL
CHAIRS AND DESIGNATED FEDERAL
OFFICIALS (DFO)
Executive Council:. ' -
Mr. Haywood Turrentine, Chair
Mr. Robert Knox, Acting DFO
Enforcement Subcommittee:
Mr. Arthur Ray, Chair
Ms. Sherry Milan, DFO
Health and Research Subcommittee:
Ms. Mary English, Chair
Ms. Carol Christensen, co-DFO
Mr. Lawrence Martin, co-DFO
Indigenous Peoples Subcommittee:
Mr. James Hill, Chair
Mr. Daniel Gogal, Acting DFO
International Subcommittee:
Mr. Baldemar Velasquez, Chair
Ms. Wendy Graham, DFO
Public Participation and
Accountability Subcommittee:
Ms. Rosa Hilda Ramos, Chair
Ms. Renee Goins, DFO
Waste and Facility Siting Subcommittee:
Mr. Charles Lee, Chair
Mr. Kent Benjamin, DFO
Mr. Turrentine opened the meeting of the
Executive Council by explaining the significance
EPA's interim guidance under Title VI of the Civil
Rights Act of 1964 for investigating administrative
complaints which challenge permitting decisions.
He explained that Title VI states that: "no person
in the United States shall, on the ground of race,
color, or, national origin, be excluded from
participation in, be denied the benefits of, or be
subjected to discrimination under any program or
activity, receiving federal financial assistance." Mr.
Oakland^ California, June 2,1998
ES-1
-------
Executive Summary
National Environmental Justice Advisory Council
Turrentine expressed his hope that EPA will
continue its strong commitment to resolving
complaints filed under Title VI and that the agency
Will consider seriously comments it has received
fprn communitiesabout trie interim guidance.
In addition, Mr Turrentine discussed the
establishment by the NEJAC of the Assessment
Work Group, explaining that the mission of the
work group is to review past, present, and future
activities of the NEJAC. He also requested that
EPA"provide to the members of trie NEJAC an
annual report on the activities of the agency
Plated tpresoIutijDns and action items fqrwardeci
^e'E^Administrator by the NEJAC.'
Mr. Steven Herman, Assistant Administrator (AA),
EPA Office of Enforcement and Compliance
Assurance (OECA), noted that the meeting had
"Seen "very constructivei and useful" for EPA and
Jhat staff of EPA would "take home" what they had
heard during the meeting. He added that staff of
EPA would "be responsive" and that they would
attempt to incorporate into their daily activities
what they learned during the NEJAC meeting. Mr.
yerrnan emphasized the importance of state and
federal agency enforcement efforts and noted that
"goodwill and intentions are not enough."
Environmental and health burdens should not be
borne by communities, he continued, and
government agencies and industry must be held
accountable for their actions. Mr. Herman
mentioned that industry groups have resisted
EPA's insistence on accountability, demanding
instead minimal levels of accountability. Mr.
Herman also said that enforcement efforts also
should be vehicles for promoting pollution
prevention.
Ms. Sylvia Lowrance, Principal Deputy Assistant
|Qrninistrator, EPAjDECA, provided the members
;' oftfie N|jAC"wili" an '."update" on" steps" EPA had
taken to strengthen its relationship with the NEJAC
since the December 1997 meeting of the NEJAC.
Those steps, she said, included:
• "Reinvigofatidn of the EPA Environmental
Justice Executive Steering Committee to
ensure that EPA's efforts to respond to
concerns raised by the NEJAC are
coordinated among EPA offices."
• Creation,of the Air and Water Subcommittee
of the NEJAC to improve communications
between the NEJAC and EPA's air and water
programs. The subcommittee is to hold its
first meeting during the November 1998
meeting of the NEJAC.
• Establishment of the Title VI Work Group
under EPA's National Advisory Council for
Environmental Policy and Technology to
advise the EPA Administrator on the
enforcement and implementation of Title VI as
it is related to permitting decisions.
Addressing the members of the NEJAC, Ms.
Felicia Marcus, Regional Administrator, EPA
Region 9, provided an overview of the activities
related to environmental justice that Region 9
conducts. She then pointed out a number of
"challenges" that regional offices of EPA face,
such as:
• Providing assistance in communities in which
EPA has not yet begun to work
• Responding more promptly to letters and
making progress on cases related to Title VI
• Integrating environmental justice into all the
region's activities and programs
• Developing additional tools to better address
issues related to public health
Ms. Marcus emphasized the importance of
educating the general public on the principles of
environmental justice and urged people to "bring
their whole selves" to such issues and not to think
narrowly within the confines of their respective
positions.
On May 31,1998, members of the NEJAC toured
several communities near Oakland, North
Richmond, and Richmond, California. The driving
tour in the Oakland area focused on the diversity
of the area, partnerships and collaborations,
successful community campaigns, and the
continuing struggles of the communities.
The NEJAC hosted a public comment period on
May 31,1998, as well as two public comment
periods on June 1, 1998. More than 60 people
participated in the three public comment periods.
Oakland, California, June 2,1998
tid^^^ e; a.mit iiiiiii t liiii iii^^^^^^ .i«ii.j. •*:
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National Environmental Justice Advisory Council
Executive Summary
Issues discussed during the three public comment
periods included concerns about the siting of a
polyvinyl chloride (PVC) facility .in Louisiana; the'
identification of sacred sites; implementation of
EPA's interim guidance under Title VI of the Civil
Rights Act of 1964 for investigating complaints
which challenge permitting decisions; EPA health
Standards related to subsistence fishing; and the
protection of farm workers.
The Executive Council also heard presentations by
representatives of the Environmental and Natural
Resources Division, U.S. Department of Justice
(DOJ); the White House Council on Environmental
Quality (CEQ); EPA's Office of Air and Radiation
(OAR); and EPA's Office of Civil Rights (OCR).
COMMON THEMES
During the meetings of the Executive Council and
its subcommittees, the members of the NEJAC
discussed a wide range of issues related to
environmental justice. Specific concerns of and
commitments made by the NEJAC include:
i
Ensuring the implementation of, and the ability
of EPA to enforce, EPA's interim guidance
under Title VI of the Ciyil Rights Act of 1964
for investigating administrative complaints
which challenge permitting decisions, as well
as addressing complaints EPA receives that
are related to potential violations under Title
VI.
• Ensuring that EPA participate in meaningful
consultation with tribes about issues related to
the interim guidance on Title VI.
• Improving the integration of environmental
justice into the policies and activities of each
EPA program office, specifically EPA OAR.
• Ensuring the effectiveness of the NEJAC in
carrying out its mission and activities.'
• Allowing members of the subcommittees of
the NEJAC to offer testimony during public
comment periods of the NEJAC.
.The members of the NEJAC discussed EPA's
ability to implement and enforce the agency's
interim guidance under Title VI for investigating
administrative complaints which challenge
permitting decisions. The members of the NEJAC
also recommended that EPA extend the
application of the guidance to other activities of
EPA, such as the cleanup of contaminated sites
and enforcement of environmental regulations. In
addition, the members also urged that EPA invite
all affected stakeholders, particularly
representatives of community organizations, state
and local governments, and industry, to participate
in dialogues about the guidance.
' The members also expressed concern that EPA
had not participated in meaningful consultation
with tribal governments related to the interim
guidance on Title VI and recommended that EPA's
Title VI Work Group conduct one of its meetings in
Indian country, .
The members of the NEJAC continued to express
concern about EPA's commitment to better
integrate environmental justice into its programs
and activities, particularly within EPA OAR.
Several members of the Executive Council
reported that, when developing and implementing
air programs, OAR continues to ignore issues
related to environmental justice. In addition, the
members emphasized that public participation
activities must be conducted from the beginning of
any decision-making process.
The members of the NEJAC discussed at length
ways to improve the effectiveness of the NEJAC in
addressing testimony received during public
comment periods, tracking action items and
resolutions developed by the Executive Council
and the subcommittees, and managing the work of
the NEJAC. The members noted that a work
group, which includes current arid former
members of the NEJAC, had been established to
evaluate the. effectiveness of the council. In
addition, the members strongly recommended that
EPA provide an annual report to the NEJAC that
presents information about activities EPA has
undertaken in response to resolutions that the
NEJAC had forwarded to the EPA Administrator.
Mr. Herman agreed that EPA's Environmental
Justice Steering Committee would review the
resolutions, forwarded to the EPA Administrator
and ensure that resolutions are forwarded to the
appropriate EPA program office. He also agreed
to forward to all EPA program offices resolutions
related to public participation.
Oakland, California, June 2,1998
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Executive Summary
National Environmental Justice Advisory Council
i,i • '!, I/I ;":," its:
Several members of the NEJAC continue to
request that members of the council's
subcommittees be" allowed' to offer testimony
during the public comment periods held at each
NEJAC meeting. The members stated that, in the
past, verbal explanations by staff of EPA have not
been satisfactory. They therefore requested that
EPA develop a written opinion on the issue. Mr.
Herman agreed to obtain a decision on the matter
for the members of the NEJAC.
SUMMARIES OF THE SUBCOMMITTEE
MEETINGS
Summarized below are the deliberations of the
rhembers of the six subcommittees of the NEJAC
during their meetings.
Enforcement Subcommittee
The Enforcement Subcommittee listened to
remarks from Mr.Herman, during which he
explained that EPA is accountable to many
stakeholders and that federal and state agencies
often differ in their definitions of the word
"accountability." The members of the
subcommittee also discussed the activities of its
work groups.
The status of each work group was reported as
follows:
ii'lilili] li'1
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iiiii'"'
The Work Group on the Open-Market Trading
:^ ii',ii^l'i-" 'JmissipnV' "Cred|fs,_' hid' ".hearjr a'
presentation from representatives of OAR that
outlined EPA's position on spatial averaging,
a process under which state air quality
agencies average particulate matter readings
over several air quality monitors in a particular
region. The subcommittee had reminded the
representatives of OAR of the NEJAC's
request in which the council urged EPA to
revise the agency's air quality standards for
particulate matter to ensure that the use of
II !„' sp'Stial"' averaging"' causes" no "discriminatory
effects on low-income communities and
i'yi i/ i '"'/in,, niijq i1,11' iii,iig!;!;'vrii nniii! ' Ajiiji,,11"'!!':,,:" ;l t, ;'*!M - .fl!""!"""!' •„, i, i-?1 ";'',:'•'
cidmfrlunities of color.
comments had been approved by the
Executive Council of NEJAC and forwarded to
EPA's OCR for that office's consideration.
• Members of the subcommittee agreed that the
Worker Protection Work Group had lost focus
since the resignation of one of its members.
The subcommittee appointed Mr. Lament
Byrd, International Brotherhood of Teamsters,
to serve as the chair of the work group.
ri ' i
The members of the subcommittee also heard
reports on the following issues: the use of
alternative dispute resolution related to
environmental justice; demographic studies in
environmental justice matters related to criminal
investigations; EPA's demographic and statistical
analysis of the PVC facility, which the Shintech
Corporation proposes to construct in St. James
Parish, Louisiana; EPA's sector facility indexing
project; EPA's compliance and enforcement
program related to lead-based paint; and EPA's
small 'business ""compliance assistance centers.
In addition, the subcommittee agreed to form two
work groups to address environmental justice
concerns related to citizen suits and qommunity-
right-tb-kribw information about "chemical emission
release. The members also drafted a letter to the
EPA Administrator in which the NEJAC requests
that EPA provide to the NEJAC a complete list of
the agency's federal advisory committees. The
letter requests further that the list include
infonriationjabout "'diversity' 'among ""members "of"
those committees and the steps EPA takes to
ensure that each committee integrates
considerations related to environmental justice into
its efforts.
Health and Research Subcommittee
The members of the Health and Research
Subcommittee discussed a risk assessment
roundtable meeting scheduled for spring 1999 and
identified issues that should be discussed at the
.meeting. Those issues included:
The Work Group on Title VI of the Civil Rights
Act of "I9fe4 had* prepared comments on EPA's
interim guidance under Title VI of the Civil
Rights Act of 1964 for investigating complaints
Which challenge permitting decisions. The
development of a specific definition of risk
assessment
Consideration of the potential for
misunderstandings on the ' part of the
ES-4
Oakland, California, June 2,1998
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National Environmental Justice Advisory Council
Executive Summary
community resulting from a comparison of
adverse risks.
• Exploration of the limitations of the standard
risk assessment process .
Members of the subcommittee also discussed a
proposed joint meeting of the subcommittees of
the NEJAC and members of EPA's Children's
Health Protection Advisory Committee (CHPAC).
Members of the subcommittee also agreed that
such,a meeting would provide the opportunity for
the NEJAC to ensure that the CHPAC includes
issues related to environmental justice in its
deliberations. .
The subcommittee also received presentations on
the following issues: the status of EPA's Chemical
Right-to-Know Strategy; development of EPA's
environmental justice spatial analysis tool, as well
as EPA's environmental indicator tool; and EPA's
report on "Lead-Based Paint Abatement and
Repair and Maintenance Study in Baltimore."
The members of the subcommittee adopted an
action item that calls for the drafting of a
resolution, for consideration by the Executive
Council, in which the NEJAC requests that EPA:
• Pay particular attention to the ways that
communities focus on issues related to the
conduct and communication of risk
assessments
• Examine its protocols, methods, and activities
related to environmental assessments in light
of comments the agency receives from
communities and prepare a detailed report on
the issue .
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
discussed the establishment of several work
groups to address issues related to environmental
justice and sacred sites, the effects of Title VI of
the Civil Rights of 1964 on tribes; and the
development of guidance for federal and state
agencies op meaningful consultation with tribes.
The environmental justice cases discussed by the
subcommittee were:
The continued opposition of the Mattaponi
Indian Tribe to the proposed construction of a
water-pumping station and reservoir in King
William County, Virginia
The C9ntinued opposition of the Petroglyphs
Monument Protection Coalition to the
proposed construction of a commuter highway
through the National Petroglyph Monument,
located near Albuquerque, New Mexico
• The concerns of Arctic Native Village of Fort
Yukon about the continuing pollution near the
Arctic National Wildlife Refuge, Alaska that
threatens the subsistence fishing practices of
the people of the village
• The ongoing request of the Native Coalition for
Cultural Restoration of Mount Shasta that
Mount Shasta be listed on the National
Register of Historic Places, as well as for the
continued prevention of geothermal testing in '
, the area of Medicine Lake Highlands,
California
• The concerns of the Native Lands Institute
about the continued development and use of
geothermal .energy in Puna, Hawaii and the
effects of such facilities on sacred sites
• The opposition of .the Pajaro Valley Ohlone
Indian Council and San Bruno Mountain
Watch to residential and commercial
development that would affect the San Bruno
Mountain Ohlone Shell Mound, located along
the western shore of San Francisco Bay
International Subcommittee / ' •
The members of the international Subcommittee
discussed at length the planning of the proposed
International Roundtable on Environmental Justice
to address environmental justice issues in areas
along the U.S.-Mexico border, as well as other
global environmental justice concerns. The
members also identified several issues, such as
standardization among countries of environmental
regulations and the conduct of outreach and public
education about international projects.
Oakland, California, June 2,1998
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Executive Summary
National Environmental Justice Advisory Council
The subcommittee also received remarks from the
Deputy Assistant Administrator of EPA's Office of
International Activities (OIA), about various tools
the agency uses to integrate principles of
environmental justice into its international
aqtivities. ,
TJie, su^corrirriittee, re.ceivgd ari _ update on the
progress of the subcommittee's South Africa
Working Group. The work group had developed a
draft report that recommends that EPA consider
incorporating community-based experiences into
the agency's training programs related to South
Africa and encourages the South Africa
Environmental, Justice Network, a coalition of
Individuals and comrownity-based organizations
located in South Africa to become more involved
with the International Subcommittee.
The subcommittee also received .reports on
environmental justice issues related to New River,
Imperial Valley, California; the Worker Protection
Work Group of the Enforcement Subcommittee of
trie NEJAC; and environmental justice concerns of
communities along the U.S.-Mexico border.
Public Participation and Accountability
Subcommittee
iti' :"';•' •','•,i:'' i'"':1;?".. ": "aiiiiii ' ; ,. "'. .• '. : -I' • i>. ':. v' '••'V ''"
Much of the deliberation of the Public Participation
arid Accountability Subcommittee focused on ways
to jrpprove public participation in the activities of
tlje |v|EJAC, Topics discussed included planning
of the NEJAC's site tours and public comment
periods, development of a public participation
process, identification of technical and other
resources to assist communities, and
establishment of requirements for public
participation that are applicable at the. state level.
Tjiesubcornrrjitteg reviewed selected[action items.
developed in response to issues raised during
earlier public comment periods of the NEJAC and
subcommittee meetings. The subcommittee also
dlscussejj the need for revising the NEJAC Model
Plan for Public Participation, planning the next
meeting of the subcommittee, and forming a work
group to address environmental justice issues in
Puerto Rico and the Caribbean.
The subcommittee received, presentations on
EPA's use of neutral professionals in resolving
issues related to environmental justice; EPA's
community-based environmental protection
program; and EPA's Community Advisory Toolkit.
Waste and Facility Siting Subcommittee
The members of the Waste and Facility Siting
Subcommittee, received a report on the progress of
the subcommittee's Waste Transfer Station (WTS)
Work Group. Members of the subcommittee
agreed that the subcommittee should arrange to
discuss the adverse effects of WTSs on
communities in New York City, New York, with
appropriate representatives of that city.
The .membersof the subcommitteealso .received..
an update on the planning of the Risk Assessment
.Roundtable meeting. Members agreed that it is
important to broaden the group of stakeholders
that have influence on the risk assessment
process, to facilitate discussion, and to create a
neutral process that lends credibility to the federal
government.
The subcommittee received an update on EPA's
Community-Based Environmental Protection
(CBEP) program. The subcommittee received a
request from the EPA Office of Policy Planning
and Evaluation (OPPE) to aid in the effort to
identify the needs of various communities and set
priorities among them. The members also
discussed the training of people involved in the
CBEP project as well as concerns that
environmental justice had not been incorporated
into CBEP. The members also discussed the
possibility that the NEJAC might contribute to the
process of selecting a CBEP pilot site, agreeing
that the council could do so if the subcommittee
were to make a formal proposal to that effect.
The subcommittee also received reports and
presentations about issues related to the
Superfund Program; the status of Superfund
reauthorization; the status of EPA's Superfund
relocation policy; EPA's plan to enhance the role of
states and tribes in the Superfund program; EPA's
response to the NEJAC's resolution on Superfund
sites in Puerto Rico; and issues related to the
Brownfields program, such as the Minority Worker
Training Program and the Standard Guide to
Brownfieldsi Redevelopment, published by the
American Society for Testing and - Materials
(ASTM).
ES-6
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National Environmental Justice Advisory Council
Executive Summary
NEXT MEETING
The next meeting of the NEJAC is scheduled for
November 8 through 12, 1998 in Baton Rouge,
Louisiana. Planned activities will include two
opportunities for the public to offer comment
Exhibit ES-2 identifies the NEJAC's preferences
for the dates and locations of future meetings.
Exhibit ES-2
FUTURE MEETINGS OF THE
NATIONAL ENVIRONMENTAL
JUSTICE ADVISORY COUNCIL
November 1998
May 1999
December 1999
Baton Rouge,
Louisiana
New York or New
Jersey
Chattanooga,
Tennessee ,
SUMMARY OF RESOLUTIONS APPROVED
This section summarizes the resolutions discussed
by the subcommittees and approved by the
Executive Council of the NEJAC.
Resolution from the Health and Research
Subcommittee
This section presents a summary of the resolution
forwarded by the Health and Research
Subcommittee and approved by the Executive
Council of the NEJAC.
NEJAC urges EPA to identify the continued
dioxin pollution of the San Francisco Bay as a
high-priority pollution problem requiring
immediate action, thereby forcing the state to
take action to prevent that pollution.
Resolution from the Indigenous Peoples
Subcommittee
This section presents a summary of the resolution
forwarded by the Indigenous Peoples
Subcommittee and approved by the Executive
Council of the NEJAC.
• NEJAC requests that EPA should work closely
with the Ohlone people to, more fully
understand the cultural issues implicated by
the Terrabay Project, located near the San
Bruno Mountain Ohlone Shell Mound in
California, and to ensure that the Ohlone
people are involved in all phases of decision
. making regarding the Project. In order to
accomplish this, NEJAC requests that EPA
should work with the Interagency Working
Group on Environmental Justice, and other
appropriate federal agencies, and review the
environmental justice concerns raised by the
proposed Terrabay Project.
Oakland, California, June 2,1998
ES-7
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111 ! I
I i" i 'IILill 1
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MEETING SUMMARY
of the
EXECUTIVE COUNCIL
of the
NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
May 31 and June 1 and 3,1998
Oakland, California
Meeting Summary Accepted By:
Robert Knox Haywood Turrentine
Acting Designated Federal Official Chair
-------
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CHAPTER ONE
MEETING OF THE
EXECUTIVE COUNCIL
1.0 INTRODUCTION
The twelfth meeting of the Executive Council of
the National Environmental Justice Advisory
Council (NEJAG) took place on May 31 and June
1 and 3, 1998, at the Marriott City Center in
Oakland, California. Mr. Haywood Turrentine,
Laborers' District Council of Education and
Training Trust Fund (an affiliate of the Laborers .
International. Union of North America), continues
to serve as chair of the NEJAG. Mr. Robert Knox,
Acting Director, U.S. Environmental Protection
Agency (EPA) Office of Environmental Justice
(OEJ), continues to serve as the acting
Designated Federal Official (DFO) for the
Executive Council. Exhibit 1-1 presents a list of
NEJAC members who were present and identifies
those members who were unable to attend the
meeting. Approximately 350 people attended the
meeting. .
On Sunday, May 31, members of the NEJAC
participated in a driving tour of several
communities in Oakland and Richmond,
California. While the driving tour proceeded from
one site to the next, members of the local
communities who served as narrators on the
buses, presented for the members of the NEJAC
an overview of the of health arid environmental
concerns of local residents. The narrators,
members of various community groups, shared
information about the communities and sites of
interest. Exhibit 1-2 provides brief descriptions of
the stops on the driving tour. Exhibit 1-3 provides
a photograph of one of the stops of the driving
tour.
On June 2, each member of the Executive
Council participated in the deliberations of one of
the six subcommittees of the NEJAC. Chapters
three through eight of this report provide
summaries of those deliberations. In addition, the
Executive Council hosted three public comment
periods, the first on the evening of May 31; the
second on the afternoon of June 1; and the third
on the evening of June 1. Sixty people offered
comments during those sessions. Chapter Two
presents a summary of the public comments
• offered during the sessions:
Exhibit 1-1
EXECUTIVE COUNCIL OF THE
NATIONAL ENVIRONMENTAL JUSTICE
ADVISORY COUNCIL
Members
Who Attended the Meeting
May 31 and June 1 and 3,1998
Mr. Haywood Turrentine, Chair
Mr. Robert Knox, Acting DFO
Mr. Don Aragon
Ms. Sue Briggum
Ms. Dollie Burwellt
Mr. Luke Cole \
Ms. Clydia Cuykendall*
Ms. Mary English
Ms. Rosa Franklin
Mr. Amoldo Garcia
Mr. Tom Goldtooth*
Ms. Annabelle Jaramillo
Ms. Lillian Kawasaki
, Mr. Charles Lee
Ms. Vernice Miller**
Mr. Gerald Proutft
Ms. Rosa Hilda Ramos
Mr. Arthur Ray
Mr. Gerald Torresft
Mr. Baldemar Velasquezf
Mr. Damon Whitehead
Ms. Margaret Williams
Members
Who Were Unable to Attend
Ms. Christine Benally
- . Mr. Grover Hankins
Mr. Lawrence Hurst
Ms. JaneStahl
•fAttended June 1 and 3, 1998 only
ft'AttendedMay31 and June 1, 1998 only
*Ms. Clydia Cuykendall substituted for
Ms. Leslie Beckhoff, -who was unable to attend
the meeting.
*Mr. Tom Goldtooth substituted for Mr. James
Hill, -who was unable to attend the meeting.
**New member of the Executive Council
Oakland, California, May 31 and June 1 and 3, 1998
1-1
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Executive Council
National Environmental Justice Advisory Council
in i1,i ''Hi ; i»
f ill ilnlhiiii'J
Exhibit 1-2
STOPS ON THE DRIVING TOUR
On May 31,1998, members of the NEJAC participated in a driving tour of several communities in and near
Oakland, North Richmond, and the city of Richmond, California. Driving tours provide members of the
NEJAC information about the environmental concerns of communities in the areas in which meetings of the
NEJAC are held. The driving tour in the Oakland area focused on the diversity of the area, partnerships and
collaborations, continuing community struggles, and successful community campaigns. The following
summaries describe the stops on the driving tour conducted during the Oakland meeting.
EES Medical Waste Incinerator Site. Located in East Oakland, the IES facility is the only commercial
medical waste incinerator in California. The facility incinerates waste from 3,000 medical facilities. Members
of the community expressed concern about the disproportionate effects of the operations of the facility on
communities of color related to air emissions, particularly emissions of dioxin, mercury, lead, cadmium, and
chromium. Several community organizations have formed a coalition to challenge the incinerator's operating
permit.
United Heckathorn Superfund Site. From 1947 to 1966, pesticides were manufactured at this site in
Richmond. Chlorinated pesticides, including dichlorodiphenyltrichloroethane (DDT), were discharged from
the facility and now lie on the bottom of Richmond Harbor. In 1990, EPA placed the 13-acre site on its
National Priorities List (NPL) of the nation's worst toxic sites. Through risk assessments, EPA discovered that
many residents regularly fished near the site. EPA originally decided to clean up the site by dredging the mud
(which is classified under California environmental laws as hazardous waste) from the harbor and transporting
it to a landfill in Mobile, Arizona for disposal. The town of Mobile has a population of approximately 100,.
predominantly Latino and African American. However, the communities of Richmond and Mobile organized;
after the views of the two communities were considered hi the decision-making process, plans for disposal of
the dredged mud in Mobile were revised to reflect the communities views.
Chevron USA Refinery and Chevron Ortho Pesticide Plant and Hazardous Waste Incinerator. The
Chevron Chemical Company manufactured a variety of pesticides, fertilizers, and additives at these facilities.
Chemicals of which the community was unaware were incinerated at the pesticide plant's incinerator. In
addition, because the incinerator is located near Peres Elementary School, members of the community were
concerned about air emissions from the incinerator. Through the efforts of community organizations, the
renewal of the facility's permit was denied, and the incinerator closed in June 1997.
Verde Elementary School. At the Verde Elementary School, the "Smart Cookies" of the kindergarten class
offered a performance that demonstrated what the students had learned throughout the school year. Mr." Henry
Clark, Director, West County Toxics Coalition and Ms. Yin Ling Leung, Board Member, Asian Pacific
Environmental Network, then described the ways in which the two communities have worked together to clean
up their neighborhoods. The visit to the school ended with a Laotian blessing.
fnis chapter presents a summary of the
deliberations of the Executive Council. It
contains six sections, including this Introduction.
Section 2.0, Remarks, presents.'summaries; ofthe
remarks offered By"various" speakers Section
3,0, Reports and Presentations, provides
summaries of reports and presentations made to
tl^e Executive Council on various tppics. Section
^,0, Reports of the Subcommittees, summarizes
reports submitted to the Executive Council about
'the deliberations of each of: the _ six_
subcommittees during their meetings on June 2,
1998. Section 5.6, Administrative lssuesf focuses
on several topics related to administrative tasks of
the Executive Council. Section 6,0, Resolutions,
presents the full text of the resolutions submitted
to the Executive Council by the subcommittees of
the NEJAC.
'. 2.6 REMARKS'"
This section summarizes the remarks of the chair
of the Executive Council Of the NEJAC; the
Principal Deputy Administrator of EPA's Office of
Enforcement and Compliance Assurance
(OECA); the Administrator of EPA Region 9; and
the Assistant Administrator of EPA's OECA.
1-2
Oakland, California, May 31 and June 1 and 3,1998
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Matfonat Environmenfaf Justice Advisory Council
Executive Council
Exhibit 1-4
Exhibit 1-3: Fishermen take their catch from the
polluted waters of the San Francisco Bay.
2.1 Remarks of the .Chair of the Executive
Council of the NEJAC
Mr. Turrentine welcomed participants and
informed them that individual translation services
were available in Chinese, Korean, and Spanish.
Turning his. attention to th§ driving tour, Mr.
Turrentine noted that it had been "one of the most
outstanding" driving tours members of the NEJAC
had participated in to date. He added that the
presentation by the "Smart Cookies," a group of
kindergarten children, was "phenomenal." Mr.
Turrentine concluded his comments about the
driving tour: by offering accolades to the members
of community groups and other individuals who
planned and coordinated the tour.
Mr. Turrentine then acknowledged that EPA had
displayed a "strong commitment" to the
enforcement of Title VI of the Civil Rights Act of
1964 (Title VI). Exhibit 1-4 provides a brief
overview of EPA's interim guidance for
investigating administrative complaints filed under
Title VI which challenge permitting decisions. Mr.
Turrentine then stated that .the NEJAC and
members of communities had played a vital role
in influencing the agency to issue the interim
guidance and begin to pay serious attention to
implementing and enforcing Title VI. He informed
the participants that the Executive Council had
forwarded comments on the interim guidance to
the Administrator of EPA. Mr. Turrentine
explained that EPA had formed the Title VI Work
Group under the National Advisory Council for
Environmental Policy and Technology (NACEPT)
to advise the agency on revising the interim
guidance, as well as issues related to the
implementation and enforcement of Title VI. He
noted that several members of the NEJAC had
been appointed to the Title VI Work Group to
THE TITLE VI INTERIM GUIDANCE
FOR INVESTIGATING
ADMINISTRATIVE COMPLAINTS
WHICH CHALLENGE PERMITTING
DECISIONS
What is Title VI? Title VI of the Civil Rights Act of 1964
states:
"No person in the U.S. shall, on the ground of race, color,
or national origin, be excluded from participation in, be
denied the benefits of, or be subjected to discrimination
under any program or activity receiving federal financial
assistance."
The Civil Rights Act of 1964 requires the federal •
government to ensure that federal funds are not used to
discriminate against people on the basis of race, color or
national origin. Under Title Vi of the act, citizens may file
complaints with EPA that allege discrimination from the
programs and activities of people who receive EPA
funding. State and local governments carry out most of
the day-to-day permitting decisions with EPA funding.
But the Civil Rights Act only allows citizens to file
complaints with the federal government not with state or
local governments.
The Title VI Interim Guidance for Investigating
Administrative Complaints Challenging Permits was
developed by EPA to provide a framework for addressing
a citizen's claim of discrimination by a state or local
government's decision to issue a specific environmental
pollution control permits.
EPA now has 15 formal Title VI discrimination complaints
under investigation and has a responsibility to address
those complaints on their merit in a fair and timely
manner. On February 5, 1998 EPA published the interim
guidance in the Federal Register and on its web site that
requested written comments be submitted by May 26,
1998. The guidance proposes a policy and set of
procedures for dealing with these complaints. On March
12, 1998, EPA announced thetereation of a Title VI Work
Group under EPA's National Advisory Council for
Environmental Policy and Technology to open up a
dialogue with impacted stakeholders. The Work Group is
comprised of 26 representatives from state, tribal and local
governments; industry; academia; non-government
organizations, and community groups and is working on
how to address these permitting concerns before a permit
becomes the subject of a complaints.
EPA will not finalize the Title VI guidance until the
committee's final input is issued which is expected in
December 1998.
Oakland, California, May 31 and June 1 and 3,1998
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ensure that the work group considers
environmental justice concerns.
{Continuing his remarks, Mr. Turrentine
ijrjrjqtirjced the establishment iof_ the, NEJAC _
''^S^mfnt'.yy'oS?1 Grqup, explaining that the
',j^l^|ph"£f|fj[ew^ group would be to review the
'"past,] 'presentianc!"1futu1re activities of the NEJAC.
Mr. Turrentine also expressed concern that during
every public comment period held by the NEJAC,
participants raise the issue of EPA's
accountability. He recommended therefore that
EPA provide to the members of the NEJAC an
arihualreporton th'e action the agency has taken
oh resolutions and action items that the NEJAC
"iifbjwards^tq the Administrator of EPA. Mr.
iiTufrehtine stated his belief that such a "report
card" would help to build the public's confidence
and trust in the agency and the NEJAC.
2.2 Remarks of the Principal Deputy Assistant
Administrator, EPA Office of Enforcement
and Compliance Assurance
On behalf of the Administrator of EPA, Ms. Sylvia
Lowrance, Principal Deputy Assistant
Administrator, EPA OECA, welcomed the
members of the NEJAC to the meeting.
Continuing discussions begun during the
December 1997 meeting of the NEJAC about
strengthening the relationship between EPA and
the NEJAC, Ms. Lowrance provided an update on
steps EPA had taken to strengthen its relationship
with the NEJAC. Those steps, she said, included:
» "Reinvigoration" of the EPA Environmental
Justice Executive Steering Committee to
ensure that EPA's efforts to respond to
concerns raised by the NEJAC are
coordinated among EPA offices. In addition
to the 10 deputy assistant administrators,
representatives from three regional offices
serve on the steering committee, providing
what Ms. Lowrance described as a "field
perspective."
* Creation of the Air and Water Subcommittee
programs. The subcommittee is to hold its
first meeting during the November 1998
meeting of the NEJAC.
» , Establishment of the Title VI Work Group,
"under FlAc'I-PT^ committee composed" of
diverse stakeholders to advise EPA on the
enforcement and implementation of Title VI
related to permitting.
Ms. Lowrance also informed the members of the
NEJAC that EPA wpu!daw§rd small grants to
several states to develop environmental justice
programs that will serve as models for other
states."' ' " '" '" ' '"' ' " "'.' ,.".
Ms. Lowrance also reported on efforts to appoint
a director for EPA's OEJ. She explained that EPA
had received all the applications for the position
and that she currently was interviewing
candidates A final decision was to be made by
the end of June 1998, she added.
Following Ms^ Lowrahce's remarks, Ms. Vemice
Miller, Natural Resources Defense Council and
member of the Waste and Facility Siting
Subcommittee, suggested that EPA use the
interim guidance on Title VI as an opportunity to
educate state regulatory agencies about issues
related to the enforcement of Title VI. Ms.
Lowrance replied that Ms. Miller's
recommendation was an "excellent suggestion"
and noted that approximately 10 states had
expressed' interest in developing a cooperative
working relationship with EPA on issues such as
dispute resolution.
Continuing the discussion of the participation of
states in implementing Title VI and ensuring
consideration of issues related to environmental
justice, Mr. Charles Lee, United Church of Christ
Commission for Racial Justice and chair of the
Waste and Facility Siting Subcommittee, stated
that he is pleased with EPA's "firm stand" on Title
VI. He said further that he hopes that the agency
will continue to "stand firm." Mr. Lee expressed
concern that issues related to environmental
justice continue to be misunderstood. He noted
for example, that the state of New Jersey named
its program "environmental equity" rather than
"environmental justice." He strongly
recommended that EPA use all opportunities to
educate states and industry about environmental
justice.
Agreeing with Ms. Miller and Mr. Lee, Ms. Lillian
Kawasaki, City of Los Angeles, California
Department of Environmental Affairs and member
of the Waste and Facility Siting Subcommittee,
reminded the members of the N E JAC that the role
of local governments also must be addressed arid
included in discussions of the implementation of
Title VI and environmental justice. She also
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pointed out that local governments quite often are
not aware that they are recipients of federal
funds, as well as important stakeholders in issues
that have implications related to environmental
justice.
Mr. Luke Cole, California Rural Legal Assistance
Foundation and member of the Enforcement
Subcommittee, requested that EPA appoint
representatives of communities to serve on the
Title VI Work Group because, he said, he
believes it is important to remember the history of
Title VI. It was community leadership within the
civil rights movements, he poirited out, that
created Title VI. Ms. Mary English, University of
Tennessee Energy, Environment, and Resources
Center and chair of the Health and Research
Subcommittee, echoed Mr. Cole's statement
about the importance of including representatives
of community-based organizations on the Title VI
Work Group. She emphasized, however, that
attention must not be diverted from low-income
communities that are not necessarily
encompassed under Title VI.
Mr. Don Aragon, Shoshone and Northern
Arapaho Tribes Wind River Environmental Quality
Commission and member of the Health and
Research Subcommittee, urged EPA to work
expeditiously to address administrative
complaints filed under Title VI. Mr. Aragon
requested that EPA inform the members of the
NEJAC of the status of current complaints,,
pointing out that the NEJAC hears repeated
testimony during public comment periods about
complaints to which EPA has not responded.
Ms. Lowrance closed by thanking the members of
the Executive Council for their comments and
stating that she would forward the suggestions
they had offered on the Title VI Work Group to
EPA's Office of Civil Rights (OCR) for
consideration.
' 2.3 Remarks of the Regional Administrator of
EPA Region 9
Addressing the members of the NEJAC, Ms.
Felicia Marcus, Regional Administrator, EPA
Region 9, stated that she was honored to be
present at the meeting.
Ms. Marcus provided an overview of the activities
related to environmental justice.that Region 9
conducts, pointing out that the region's goal is to
"connect with communities and empower and
engage them in decision making and in
relationships with Region 9 [personnel]" and to
conduct outreach and provide grants. Exhibit 1-5
provides an overview of the activities she
described.
Ms. Marcus then pointed out a number of
"challenges" that regional offices of EPA face,
such as:
Providing assistance in communities in which
EPA has not yet begun to work
• "Moving faster," in its activities, such as
responding to letters and making progress on
cases related to Title VI
Integrating environmental justice into all
activities and.programs, rather than leaving to
a few individuals the primary responsibility for
the implementation of the Executive order on
environmental justice
Developing additional tools to better address
issues related to public health
Ms. Marcus pointed out that the principles of
environmental justice must be "integrated into the
consciousness of the general public." She also
urged people to "bring their whole selves" to such
issues and not to think narrowly within the
confines of their respective positions.
Mr. Turrentine thanked Ms. Marcus for attending
the meeting personally, rather than sending her
staff. He observed further that, because Ms.
Marcus attended the public comment period held
by the NEJAC, she would be able to address
issues and respond to partipipants quickly.
Mr. Cole asked what actions EPA had taken
against states that are the objects of repeated
complaints filed under Title VI related to those
permitting authority under the Resource
Conservation and Recovery Act (RCRA). Ms.
Marcus stated her regrets that she could not
provide a better answer than to acknowledge EPA
must develop better guidance for states and
better engage states in meaningful dialogue
about such issues. Mr. Cole then requested that
Ms. Marcus inform the members of the NEJAC of
the action EPA Region 9 proposes to take in the
case of the trailer park located near the Purity Oil
Superfund site in Malaga, California. Ms. Marcus
explained that EPA Region 9 had deployed teams
to begin to address the contamination at the Tall
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I
','f.
Exhibit 1-5
OVERVIEW OF THE U.S. ENVIRONMENTAL PROTECTION AGENCY (EPA)
REGION 9's ACTIVITIES RELATED TO ENVIRONMENTAL JUSTICE
Following is an overview of EPA Region 9's activities related to environmental justice:
• Train EPA personnel to help them better interact with communities and to "institutionalize" a focus on
developing relationships with communities
• Prepare to "eventually play a facilitative or leadership role" in helping entities other than EPA implement
Executive Order 12898 on Environmental Justice and incorporate the principles of environmental justice
into their programs and activities
• Form a team of seven full-time employees who work on issues related to environmental justice, including a
committee charged specifically with addressing "people-related" issues
• Conduct outreach efforts that focus on issues of significance to tribes and issues related to activities along
the U.S.-Mexico border ., •
• Initiate two pilot projects to help communities facilitate relationships with government agencies and
conduct monthly meetings to promote dialogue and build relationships
• Develop and conduct environmental justice training for "in-house" staff and for staff of other federal
agencies, such as the U.S. Department of Energy and the U.S. Department of the Interior
• Establish an environmental justice hot line for communities
• Implement the environmental justice small grants program that focuses on issues related to lead
contamination, fish consumption, urban habitats, and children's health issues
• Issue Community and University Partnership grants, including an award to the environinental crimes
division of a local police department for conducting community policing activities
Pines Trailer Court The trailer park was the
subject of a presentation offered during a public
comment period of the current meeting.
*
Mr, Ihornas GpJdtpQth, Indigenous Environmental
Network (IEN) and acting chair by proxy of the
Indigenous Peoples Subcommittee, invited Ms.
Marcus to attend lEN's annual gathering to be
held August 2 through 5, 1998in the Modoc
National Forest, California, pointing out that the
njeeting will be "the largest gathering of Indians in
the country." Mr. Goldtooth also expressed
concern about mining activities andI "thei effects of
those activities on indigenous people. He further
requested that EPA Region 9 provide to members
of the NEJAC information about the regional
office's policy related to Indian reservations
located in urban areas. He added that it was
•'good to see regjona| tribal staff present at the
NEJAC meeting. Finally, Mr. Goldtooth urged
EPA not to forget the "grassroots tribal people,"
noting that EPA had placed emphasis on
interacting with tribal governments rather than
tribal communities.
Mr. Lee thanked Ms. Marcus for jier comments,
her participation in coordinating the driving tour,
and her work in establishing a regional
environmental justice team. He noted the
appropriateness of holding the NEJAC meeting in
Oakland because of the Bay Area's large number
of community organizations. Mr. Lee added that
the location of the NEJAC meeting also was
significant because of the large number of
individuals of Asian descent who live in the area.
Mr. Lee questioned EPA Region 9's ability to fully
integrate environmental Justice into all programs
and activitiesunder current circumstances,
pointing out that a system should be developed
for accomplishing that goal.
2.4 Remarks of the Assistant Administrator of
EPA's Office of Enforcement Compliance
Assurance
Mr. Steven Herman, Assistant Administrator of
EPA's OECA, offered general remarks about the
meeting, noting that the meeting had been "very
constructive and useful" for EPA and that staff of
EPA would "take home" what they had heard
during the meeting. He added that staff of EPA
would "be responsiye" and that they would
attempt to incorporate what they have learned
during the NEJAC meeting into their daily
activities.
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Executive Courier!
Focusing on the driving tour, Mr. Herman
described the experience as "inspiring." He
added that a particularly striking aspect of the tour
was the "seriousness of the work that we pursue
and the difficulty of the task." He stated that the
observations of driving tour participants at the
Heckathorn Superfund site illustrated the difficulty
of the tasks that lay ahead. He reminded them
that they had observed individuals fishing in an
area that obviously was polluted and dangerous.
Mr. Herman also mentioned the "magnificent"
kindergarten children who had performed at the
end of the driving tour. The children's
performance, he said, was the sort of thing that
"gives real meaning to the work we do" and
"makes you want to go to work in the morning."
Mr. Herman then noted the importance of
enforcement efforts of state and federal agencies,
pointing out that "good will and intentions are not
enough." He added that, during the previous
year, EPA had undertaken the "greatest effort
ever" to bring companies into compliance with
environmental laws and regulations.
Environmental and health burdens should not be
borne by communities, he continued, and
government agencies and industry must be held
accountable for their actions, Mr. Herman stated
that industry groups have resisted EPA's
insistence on accountability, insisting instead on
minimal levels of accountability. He explained
that EPA is "trying creative regulatory
approaches" to achieve better accountability.
Pollution prevention also is important, he said,
and good enforcement efforts also should be
used to promote pollution prevention.
Mr. Herman concluded his remarks by thanking
the members of the NEJAC whose terms were
due to expire for their service on the council.
Acknowledging their efforts, he distributed
certificates of recognition to them. Exhibit 1-6
presents the names of the retiring members of the
NEJAC.
3.0 PRESENTATIONS
This section summarizes presentations related to
activities of. the Environmental and Natural
Resources Division of the U.S. Department of
Justice (DOJ); the White House Council on
Environmental Quality (CEQ); the EPA Office of
Air and Radiation (OAR); and EPA OCR.
Exhibit 1-6
RETIRING MEMBERS OF THE
NATIONAL ENVIRONMENTAL JUSTICE
ADVISORY COUNCIL
Ms. Christine Benally
Mr. Douglas Braggie
- Ms. Dollie Burwell
Mr. Frank Coss
Ms. Mary English
Mr. Groyer Hankins .
Mr. Lawrence Hurst
Ms. Lillian Kawasaki
Mr. Charles Lee
: Mr. Pen Loh •
Mr. Andrew McBride
, Ms. Mildred McClain
Mr. Richard Monette
Mr. Arthur Ray
Ms. Peggy Shepard
Mr. Bill Simmons
Ms. Connie Tucker ,
Mr. Baldemar Velasquez
3.1 Report on Activities of the Environment
and Natural Resources Division of the U.S.
Department of Justice
Ms. Lois Schiffer, Assistant Attorney General,
Environmental Natural Resources Division, DOJ
explained that each division of DOJ has an
environmental justice coordinator. Ms. Schiffer
explained the role of DOJ, pointing out that DOJ
"litigates cases on behalf of other agencies." She
stated that her job is to enforce federal
environmental laws and defend agencies when
their efforts to carry out those laws are
challenged. Commenting on earlier discussions
of issues related to tribal communities, Ms.
Schiffer stated that much of DOJ's work in the
area of "Indian litigation" is intended to protect the
sovereignty of tribes.
Ms. Schiffer, then informed members of the
NEJAC of some cases involving issues of
environmental justice that DOJ had litigated. She
mentioned that the Environmental Crimes section
of DOJ had prosecuted cases around the country
in which contractors removing asbestos had
violated the law by hiring untrained people to
carry out the removal. Ms. Schiffer explained that
asbestos fibers are regulated under the Clean Air
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Executive Council
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Jjiliil1' Hi: .i'-v:,!"!!" 'TiM ': ''liillill!11;'"!, , •''. I.'•-"',(' 'I,1 ," ;-n ' li" • '. '"• «l','li'. '
:«;;A{:t,(CAA) and added that DOJ had "begun to see
a pattern across the country of hiring homeless
peo'pie and teenagers to remove asbestos." She
ftfenfffjed.two casgs. io particular that had resulted
yrj jndicbjie:nJsH,, jghe, explained that one case, in
|'Sll§ttenSPga. ' '"''"Tennessee involved the
iniployrnent of homeless individuals to remove
asbestos. In that case, the responsible parties
were indicted in April 1998. Another case, in
Miami, Florida, also involved the employment of
homeless men to remove asbestos. In that case,
said Ms. Schiffer, two individuals had been sent to
prison.
In addition to the removal of asbestos by
untrained and unqualified individuals, Ms. Schiffer
continued, another recurring problem is the
spraying of commercial pesticides (methyl
parathion in particular) that are intended for
outdoor use in the homes of residents of low-
Income communities, (That practice is engaged
primarily to fumigate homes.) She explained that
many individuals had been found guilty of the
practice and had been prosecuted. For example,
she said, more than 1,500 people had been
ivacualed from their homes in Mississippi
because of the practice and "millions" of federal
lollars had been spent to relocate the individuals
ihd conduct cleanup activities. Ms. Schiffer
explained that the individuals responsible had
been convicted and imprisoned. Similar practices
had been identified in Tennessee and other
states, Ms. Schiffer added.
JUs. Schjffer then turned her attention to civil
pases against companies that operate in low-
income communities and communities of cplpj,
She explained that attorneys at DOJ are
encouraged to conduct outreach and education
'""vvhen, .crimes aje,,,,,,committed, io low-income,
.communities,,,andcommunities of color that are
affected by environmental injustices. She then
'jTientipjigdSeye,[i|'instances,in,which DOJ had,,
worked " with communities to develop
supplemental environmental projects (SEP),
including projects in Louisiana, Illinois, Oklahoma,
and Texas.
Ms. Schiffer pointed but that DOJ defends
government agencies when federal regulations
Ire challenged. She emphasized the role of
|nvjrpnjneQtal justice in such cases, turning her
ggg-py^ |o a——j^'^ftcft jf,g gacj Rjver Ban(j Of
the Lake Superior Tribe of Chippewa Indians
chailenged E'PA's decision about the granting of
a permit to the Copper Range Mining Company.
In that case, she explained, DOJ negotiated a
resolution under which the mining company
agreed to reevaluate its position in light of issues
related to environmental justice. The mining
company subsequently decided not to pursue the
project, she added.
Mr. Arthur Ray, Maryland Department of the
Environment and chair of the Enforcement
Subcommittee, inquired about the role of DOJ in
developing and implementing EPA's interim
guidance for implementation of Title VI. He also
asked what states can do "to avoid complications"
with respect to Title VI. Ms. Schiffer replied that
DOJ's civil rights division has primary
responsibility for matters related to enforcing Title
VI and that the division had helped EPA conduct
a legal analysis of' Title VI and related
environmental justice concerns. She explained
that the analysis included an assessment of
DOJ's role in implementing Title VI and added
that a DOJ task force was analyzing the role of
states in implementing Title VI.
Ms. Miller expressed gratitude for DOJ's
persistence in addressing issues related to
environmental justice. She then explained that
many cases of environmental injustices in Puerto
Rico remain unaddressed. Ms. Miller said that
Puerto Rico is "treated differently from other
states in EPA Region 2," and that the residents of
Puerto Rico are "more likely to be protected if
they move to New Jersey or New York." Ms.
Schiffer responded that DOJ had worked in
partnership with EPA to resolve issues in Puerto
Rico and to "get public agencies in Puerto Rico to
do more," Mr, Herman commented that some
issues in Puerto Rico are "extremely complex"
and that EPA Headquarters and Region 2 staff
would follow-up on the issues that had been
raised during the current meeting of the NEJAC.
Both Ms. Miller and Ms. Rosa Hilda Ramos,
Community of Catano Against Pollution and Chair
of the Public Participation and Accountability
Subcommittee, expressed concern about a
perceived lack of community participation in
decision making related to the resolution of
problems in Puerto Rico. Ms. Ramos requested
that EPA and DOJ "stop touting their
achievements in community involvement" in the
development of SEPs. "The real issue is clean
air," she stated. Ms. Ramos pointed out that
communities had not had the opportunity to
participate in decisions about issues related to
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Oakland, California, May 31 and June 1 and 3,1998
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Nafionaf Environmental Justice Advisory Council
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releases from the facilities of public utilities in
Puerto Rico.
Mr. Lee raised a question about the factors that
constitute a "disparate impact." He asked
whether a common point of view exists with
respect to determining whether disparate impacts
exist.. Mr. Lee stated that there are difficulties
associated with "scientifically addressing risk
issues related to environmental justice." He
pointed out that "traditional" perspectives of risk
must change to ensure that issues of
environmental justice are considered during risk
assessment. Ms. Schiffer responded that, when
working on enforcement cases, DOJ considers
each community affected by a particular issue
from a "who lives there" perspective. She agreed
with Mr. Lee that, with respect to the application of
Title VI, the questions and issues Mr. Lee had
raised must be addressed.
Ms. Kawasaki asked what role DOJ plays when a
federal agency is perceived to be responsible for
discriminatory actions in a case involving Title VI.
Can DOJ assume a mediatory role in such a case
to avoid litigation, she asked. Ms. Schiffer
responded that DOJ had worked with federal
agencies to develop procedures for dispute
resolution. She also stated that DOJ would be
willing to work with a federal agency to ensure
that disputes are resolved in such ways that take
into account the effect on the community.
Mr. Cole expressed disappointment that attorneys
from DOJ who had been present at a meeting of
EPA's Title VI Work Group and who had been
expected to serve as technical experts to answer
questions about Title VI had not been abje to do
so. Mr. Cole then stated that it had been
disturbing that the attorneys could not answer-any
questions about the application of title VI in
Indian country. Ms. Schiffer agreed to call such
concerns to. the attention of the appropriate
division of DOJ.
3.2 Report on Activities of the White House
Council on Environmental Quality
Mr. Bradley Campbell, White House CEQ, began
his presentation by stating that, during the
December 1997 meeting of the NEJAC, members
of the NEJAC had raised important concerns
about CEQ's commitment to addressing issues of
environmental justice and conducting outreach.
Mr. Campbell reminded the members that the
NEJAC had recommended strongly that .CEQ
engage in more community-based outreach to
identify concerns related to environmental justice.
He then announced that CEQ was to conduct a
series of regional community-based outreach
meetings, the first in Los Angeles, California, to
provide a forum in which representatives of
communities and federal agencies could discuss
problems and the ways in which they could work
together to address those problems. During his
presentation, Mr. Campbell reported on other
activities that CEQ had undertaken, including:
• Distribution of the Environmental Justice
Guidance Under the National Environmental
Policy Act (NEPA) to federal agencies
Issuance of a memorandum from Vice
President Gore to all members of the Cabinet
requesting that they "renew their focus" on
environmental justice and "establish a
reporting mechanism" to improve
accountability (Exhibit 1-7 presents a copy of
the memorandum)
Distribution to affected communities of
information about air emissions and related
health effects related to such emissions
Mr. Campbell then' responded to a comment
made during one of the public comment periods
held during the current meeting about the
accountability of the White House in ensuring
environmental justice. He stated that some
individuals had attempted to characterize Title VI
as a "choice between jobs and environmental
justice." That view, he said, is mistaken; he
pledged that CEQ would work with EPA to
"debunk that assertion."
Ms. Ramos expressed concern that CEQ still had
not addressed how it would hold other federal
agencies accountable for failure to implement
Executive Order 12898 on Environmental Justice.
Mr." Campbell responded that the regional
meetings should be a first step in addressing that
' issue.
Mr. Cole commended Mr. Campbell for speaking
out against the opponents of the Civil Rights Act
of 1964 who had mischaracterized issues related
to Title VI. Mr. Cole explained that low-income
communities and communities of color do not
have the financial resources to effectively fight for
Oakland, California, May 31 and June 1 and 3,1998
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Illllll I Ill I 111
Executive Council
National Environmental Justice Advisory Council
Exhibit 1-7
'in, ill" ,'" , .'»'
'II'1
»! „ j 111,1 ' 11
i. r ,',l:jll'!il'|i:'l"illi,i";i|i II'1,,!!
I :''VHli 'lii'lf,, ' ,':
I ail,,:::i::-,i, s r-
THE VICE PRESIDENT
WASHINGTON
April 22, 1998
MEMORANDUM FOR HEADS OF DEPARTMENTS AND AGENCIES
SUBJECT: ENVIRONMENTAL JUSTICE
On February 11, 1994, President Clinton issued Executive Order 1289S, "Federal Actions
to Address JSnvironmentai jfustice f.n Minority Populations and Low-Income Populations." As
you are aware, the Executive Order provides that "each Federal agency shall make achieving
environmental justice part of its mission by identifying and addressing, as appropriate.
disproportionately high and adverse human health or environmental effeos of its programs,
policies, and activities on minority populations and low-income populations."
We recently marked the fourth anniversary of the Executive Order. President Clinton and
I are grateful for the rnany efforts of your agencies in meeting the terms and advancing the goals
of the Executive Order. Nonetheless, many difficult challenges' remain in identifying and
addressing toxic burdens and other health and environmental risks borne disproportionately by
low-income and minority communities. There have been strong expressions of concern from
community leaders that our efforts to date have not been sufficient
As we celebrate Earth Day, it is an appropriate tune to renew our commitment to this
effort. I am asking ths Chair of the Council on Environmental Quality (CEQ) to work with all
of7 the agencies involved to reach out to community, environmental, and public health
organizations; States: Tribes and tribal organizations; Mayors and local government officials; and
Members of Congress to identify areas where our effort can and should be strengdiened. I am
asking each Cabinet member to support this .effort, and to designate an official in his or her
immediate office who can work with CEQ to strengthen our efforts to achieve environmental
justice. CEQ should report to me within ninety (90) days, and periodically thereafter, on the
status of the agency effort
President Clinam and I are grateful for your assistance in this vital endeavor for our
communities.
PRINTED ON RECYCLED PAPER
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civil rights issues. EPA, he said, needs the help
of CEQ. Mr. Campbell then stressed that parties
involved in such issues must be careful not to
"oversimplify" issues related to Title VI.
Ms. Margaret Williams, Citizens Against Toxic
Exposure and member of the Health and
Research Subcommittee, expressed concern
about the "fragmentation" of local, state, and
federal activities and the lack of coordination of
issues related to environmental justice. She
pointed out that community members typically
raise issues in letters to federal agencies and the
federal agencies tend to pass the issues raised
on to regional offices. When communities inquire
about the status of efforts on the regional level to
address the issues, "the regions claim that they
are cleaning up contaminated areas and the
issues get dropped there," Ms. Williams stated.
Echoing -Ms. Williams' concern, Ms. Rosa
Franklin, Washington State Senate and member
of the Health and Research Subcommittee,
commented that the role of local and state
government agencies in addressing Title VI
issues cannot be forgotten. She added that
agencies must be educated, particularly with
respect to the misconception that there is an
issue of jobs versus the environment Mr.
Campbell responded that, if EPA's Title VI Work
Group would develop a template outlining actions
that states can take to implement Title VI, "that
will be a first step toward ensuring [states']
engagement in addressing environmental justice"
issues. He added that education is one
necessary component and, in addition, "everyone
must be on board" with respect to the ways in
which problems are addressed.
Mr. Goldtooth expressed concern that issues
related to Native American treaty rights and
jurisdiction have not been addressed adequately,
as they pertain to Title VI. Stating that efforts to
"do away with treaty rights have spilled over into
discussions about Title VI," he asked whether
CEQ supports the rights of tribes with respect to
issues related to territory and sovereignty. Mr.
Campbell responded that the issues Mr.
Goldtooth had raised are important to CEQ and
expressed his agreement that issues related to
tribal sovereignty should be addressed.
Mr. Lee suggested that CEQ incorporate'
discussions of Title VI into the ongoing dialogue
that is taking place under the President's initiative
on race. Mr. Lee stressed that social and
demographic changes in our country must be part
of that ongoing dialogue. He stated that "between
now and the next 25 years, the majority of people
in this country will be people of color." Finally, Mr.
Lee asked whether there are opportunities to
"cultivate the efforts of other agencies" and form
additional partnerships among federal agencies to
address issues of environmental justice. Mr.
Campbell explained that individuals working on
the President's initiative on race would be present
at the meeting that CEQ was planning to host in
Los Angeles. He explained that CEQ was
seeking the views of community-based,
organizations to help set the agenda for the
meeting. He then pointed out that only two and
one-half .years remain to "shape this
administration's impact on environmental justice"
stating that it would be important to "keep an eye
on the clock" in addressing pertinent issues.
3.3 Report on the Activities of EPA's Office of
Air and Radiation
Mr. Robert Brenner, Acting Deputy Assistant
Administrator, EPA OAR, began his presentation
by stating that he had requested time on the
agenda of the NEJAC to discuss OAR's initiative
to accelerate the reduction of toxins in the air in
communities located in urban areas. Further, he
said, he wished to discuss an area of ongoing
tension, EPA's open-market trading of air
emissions credits program. One lesson that he
had learned through discussions with the
members of the NEJAC, Mr. Brenner explained,
is that the two issues are closely linked and that,
despite significant progress by EPA, the overall
level of toxic air pollution in urban areas remains
"too high."
Continuing, Mr. Brenner explained that EPA was
identifying'the 30 air toxins that pose the greatest
threat to communities in urban areas and
identifying stationary sources of pollution that
account for 90 percent of the emissions of those
toxins. Mr. Brenner stated that OAR's goal is to
develop the Integrated Urban Air Toxic Strategy
to address toxic air emissions in urban areas and
that the strategy would be an action item for
review by the newly established Air and Water
Subcommittee of the NEJAC.
Mr. Brenner also informed the members of the
NEJAC about a partnership between EPA and the
School of Public Health and Natural Resources at -
the University of Michigan under which the two
parties were to assist in the development of the
strategy. Under the partnership,. Mr. Brenner
Oakland, California, May 31 and June 1 and 3,1998
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Executive Council
National Environmental Justice Advisory Council
explained further, EPA will be able to use the
university's expertise to gather comments on the
strategy from members of communities.
submitted plans for complying with the
requirement. That circumstance, he said, raises
questions about the extent to which EPA holds
states accountable, as well as the extent of the
overall accountability of federal agencies to the
PUDI'C-
Mr. Brenner said that states must submit their
work plans under CAA by certain deadlines and,
if those deadlines are not met, the law allows an
18-month period to "fix the problem." During that
period, he continued, OAR attempts to work with
states to help them complete their plans. If the
plans are not completed within the 18-month
period, Mr. Brenner explained, EPA is "required
by law to impose sanctions against the states" in
such areas as funding for economic development
and highway 'improvement projects. Mbststates
are now "functioning within the i 8-month period,"
Mr. Brenner pointed out.
Turning his attention to the topic of the open-
S3f&erj^d}ng °|f ?ir emissions credits, Mr.
Brenner explained'' that some communities are
Sceptical of the program because they believe
that the "trading will short-change them.*1 Mr.
Brenner pointed out that the acid rain program is
"based solely on [the concept of] trading" and that
the program had brought about a 30-percent
reduction in emissions of sulfur dioxide. That
fact, he said, [s^nj^ample of the benefits of the ,
open-market trading of air emissions credits
program: In addition, Mr. Brenner said,
implementation of the national ambient air quality
standards for smog and soot "that the
Administrator of EpA had approved the previous ,
year will contribute significantly to the control of
costs associated with ensuring compliance with
ajr ^s.tarjdards and regulations. Mr. Herman explained that there is "widespread
"'; .i ; ijij iKlif '*&;&' .^ili^'SiB' '$ ^ ir^l"/? ::i ..... is a 5 i 4' V ;\ ^i/-i'y\i' I' '.',<''• i '• : philosophical disagreemenf between ' EPA and .....
Several members of the NEJAC expressed strong the states with respect to whether enforcement
/•£pnjceni ..about the efficacy of EPA's efforts to actions are consistent with the notion of
"Fe'duce "harmful air emissions in Iqw-jpcome ]]iw. ......... partnerships. 'That disagreement, he added, had _
communities and communities of color Mr. iRay rnanrf^ted''']^lf 'in ''several ways, including a
stated that EPA OAR "does not seem to embrace "significant drop" in compliance by states with '"'
environmental justice," pointing out that the ^Mr^' regulations.'' !^r Heiman s^jd that the
NEJAC had forwarded to the Administrator of disagreement "'creates a "constant struggle" .for
EPA a number of resolutions requesting action EPA. He then informed members of the
related to the open-market trading of air Executive Council that EPA had taken steps to
emissions credits program. Mr. Ray stated that assess the extent of state compliance, and
the presentation Mr. Brenner had made to the identify potential causes of noncompliance. He
Enforcement Subcommittee during its meeting added that EPA was anticipating receipt of a
Indicated that the community EPA profiled for the ^Port 'fro™ "the O^!ce of the inspector General
trading program could have a one percent that will provide insight into the causes of
increase in pollution and that the community noncompliance. The report, Mr. Herman said,
already was affected disproportionately by should be of help to EPA in its effort to analyze
pollution. Mr. Ray expressed concern that EPA the root cause of the problem.
had not studied tine situation to the fullest extent
possible and expressed outrage that EPA had not Ms. Kawasaki emphasized that communities are
informed the community adequately of possible not opposed to trading programs; however, she
consequences of the trading program. Mr. Ray pointed out, communities are demanding
concluded by urging mat Mr. Brenner and OAR assurances from EPA and state and local
truly listen to communities and become more governments that the quality of air is improving
sensitive to the effects the agency's decisions and their health is protected.
have on communities. , , .. ...... ' ...... '„ - ........................... . ....... ....................... , ..... ........ ' [[[ ......
• - " Mr. Lee inquired about EPA's process for
Mr. Damon Whitehead, Lawyers' Committee for addressing issues related to environmental justice
Civil Rights Under Law, echoed Mr. Ray's and issuing permits under Title V of CAA. He
comments and stressed that EPA's OAR had not explained that he had heard representatives of
enforced adequately the requirement of states to EPA say that there are few ways to integrate
re'duce air emissions by 15 percent, as required environmental justice into > Title V. Mr. Brenner
under the 1990 amendments to the CAA. ""Mr. responded that he was not aware of such
said ttjat only a "handful of states" had statements arid that staff of EPA and a group of
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National Environmental Justice Advisory Council
Executive Coitnd)
state air pollution administrators had discussed
processes by which EPA and the states can take
into consideration issues related to environmental
justice when they develop permits under Title V.
Further, Mr. Brenner stated, EPA will encourage
the consideration of environmental justice
concerns as a part of the permitting process.
Mr. Cole reminded the members of the Executive
Council that Mr. Brenner had made a presentation
at the December 1997 meeting of the
Enforcement Subcommittee and had agreed to
investigate the potential discriminatory effects of
the open-market trading of air emissions credits
program in the Los Angeles, California air basin.
Mr. Cole explained that, at the current meeting of
the Enforcement Subcommittee, Mr. Brenner
stated that there is such an effect; however, the
effect of the program on the town of Wilmington,
California, Mr. Brenner has said, is not significant
because 450,000 pounds of air emissions already
affect that community compared with 4,500
pounds of air emissions released per year as a
result of the trading program. Mr. Cole then
stated that the members of the subcommittee had
been shocked by Mr. Brenner's presentation. Mr.
Cole explained that .such an analysis favors
communities that have no pollution, because
4,500 pounds of air emissions in a community
that has no pollution would be significant in OAR's
model, while 4,500 pounds of air emissions in a
community that is subject to 450,000 pounds of
air emissions is insignificant. Mr. Brenner stated.
that it was not his intention to convey the
message that the increase in air emissions to the
already affected community is insignificant.
Mr. Turrentine stated that he is convinced more
than ever that the'newly established Air and
Water Subcommittee should address such issues
"®nd develop working relationships with OAR and
EPA's Office of Water (OW) because many of the
issues involve educating staff of those EPA
' programs about environmental justice. Mr. Lee
then pointed out that certain community groups
are "missing from the list" of proposed members
of the new subcommittee. For example, he
suggested that representatives of the Mossville,
Louisiana and West Harlem, New York
communities, as well as members of groups
representing communities along the U.S.-Mexico
border should be offered memberships. Mr. Lee
also expressed concern that the two very complex
:EPA programs OAR and OW "share a
• subcommittee," and suggested that the NEJAC
might have established one subcommittee on air
issues and another on water issues. Mr. Brenner
responded that OAR is very supportive of the new
subcommittee and that, on the subject of its
membership, OAR wanted to ensure "crossover"
between its Clean Air Act Advisory Committee
and the new subcommittee. Mr. Brenner also
stated that OAR is willing to fund up to five
members for the new subcommittee.
3.4 Report on the Activities of EPA's Office of
Civil Rights
Ms. Ann Gdode, Director, EPA OCR, began her '
remarks by distributing a profile of the agency
work force that provided information about the '
number of EPA employees and the distribution of
individuals classified as minorities within the
agency. The number of minorities represented
had increased by almost 50 percent during the
Administration of President Clinton, Ms. Goode
said; however, she added, there remains a need
for progress with respect to the levels and
classifications of minority employees relative to
other employees, she added.
Ms. Goode then responded to two action items
agreed upon by the members of the Executive
Council at the special business meeting of the
NEJAC held in February 1998. Exhibit 1-8
provides the action items and the response by
OCR to those action items.
Ms. Goode then reported on the agency's
activities related to Title VI. She informed the
members of the NEJAC that EPA had received
three administrative complaints filed under Title VI
since the December 1997 meeting of the NEJAC
and that currently, 51 complaints had been filed
with EPA. Ms. Goode explained that EPA had
accepted 15 complaints for processing and that 7
of those are "in active stages of investigation."
EPA had devoted much effort, she said, to the
investigation of the case of the Shintech
Corporation's proposal to build a polyvinyl
chloride (PVC) facility in Convent, Louisiana, a
predominately low-income, African American
community. She emphasized that EPA had not
ignored the other cases; however, she explained,
the handling of .issues involved in the Shintech
case will provide a "critical foundation" for
addressing other cases. She pointed out that
EPA had developed requirements for conducting
a .demographic analysis and has refined a
methodology for conducting a relative impact
analysis. Those tools, which, she explained, are
intended to help communities determine the
Oakland, California, May 31 and June 1 and 3,1998
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1!: I I'VI'llill!!1,,,, 'llWilllLi, "
Exhibit 1-8
RESPONSES BY THE U.S.
ENVIRONMENTAL PROTECTION
AGENCY (EPA) OFFICE OF CIVIL
RIGHTS (OCR) TO ACTION ITEMS OF
THE EXECUTIVE COUNCIL
Described below are responses by EPA OCR to
action items agreed upon by the Executive
Council during a special business meeting of the
National Environmental Justice Advisory
Council (NEJAC) in February 1998.*
Recommend that OCR contact Kathy Gorospe,
EPA American Indian Environmental Office
(AIEO), to determine -whether OCR can
participate in training that AIEO is developing
to help EPA staff to -work effectively -with tribes.
EPA OCR's National Indian Program Manager
is to participate in the training and then train
staff of OCR. In addition, OCR and AIEO will
provide more than $400,000 a year in
scholarship assistance for American Indian
students.
Request that EPA provide to the NEJAC copies
of correspondence between EPA Region 2 in
New York City and the region's Carribean field
office related to the field offices's request for
additional decision-making authority.
EPA OCR reviewed correspondences dating
back to 1990 and identified only one complaint
filed against EPA Region 2 by the field office.
That complaint had been resolved.
*The action items are presented in italic type,
and the responses in roman.
relative burden of environmental and health
effects, will be made available to the public in the
rjear future, Ms. Goode said.
Ms, Goode then announced that the period had
closed for comments oh EPA's interim guidance
for investigating administrative complaints under
Title VI which challenge permitting decisions.
She added that the agency had received
comments from more than 100 entities. She
explained that the OCR would provide to ""the"
members of the NEJAC copies of the comments
III I II I III III I I I II II I II I 111 I II r s « ; ' "
received. In addition, OCR is developing a
response to comments document that will group
similar comments, she noted.
Ms. Goode also told the Executive Council that
EPA had engaged in dialogue with various
stakeholders about the interim guidance. The
dialogue included sharing of information about
effective, approaches and lessons learned for
implementing Title VI, she said. Ms. Goode
explained that the July 1998 meeting of EPA's
Title VI Work Group was to be held in
Philadelphia, Pennsylvania, adding that a site tour
was to be conducted during the meeting. She
added that two additional meetings had been
scheduled and that EPA anticipates that, by
December 1998, the work group will provide
recommendations for the final guidance to the
Administrator of EPA.
Ms. Goode then offered comments about the
internal workings of OCR that had affected
enforcement of Title VI. She explained that a
team leader will have been hired by the end of
summer to coordinate activities related to Title VI
and that the position had been advertised both
within and outside the federal government. She
explained that, as the newly appointed Director of •.
OCR, she is being "very selective" in the type of
staff she is building because she wants the "best
and brightest" staff who have diverse knowledge
and expertise. Ms. Goode informed members of
the NEJAC that the Administrator of EPA had
made a commitment to allow expansion of staff of
OCR, including the addition of four staff to serve
as case , managers, an outreach and
communications coordinator, and a technical
coordinator. "The Administrator has committed to
providing OCR with whatever it needs," Ms.
Goode said. She added that OCR's budget had
increased to $500,000 for fiscal year 1999 and
that OCR had "drawn resources" from various
sources, including "staff loans" and computer
support from other I
Ms. Ramos expressed concern about the lack of
"concrete"guidance governing the protection of
Afn'can"" American,'"'Asian American, Native"
American, Latino, and low-income Wr)ite
communities, particularly with respect to the
effects of the open-market trading of air
emissions credits program on these communities.
She questioned whether OCR was the
appropriate office to address the issue of racism
in :theImplementation of policies and programs]
Ms^ Ramos added that communities in Puerto
'".ifiili,,?1!* '
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Illillh
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I liiilriliilJllliillllllnJiiUliilliiilrlllliil.
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National Environmental Justice Advisory Council
Executive Council
Rico and Hawaii do not "have the benefit of an
acid rain program;" however, "this does not mean
that EPA is not responsible for ensuring the
protection of those communities." She also asked
how EPA intended to "deal with" states that are in .
violation of performance partnership agreements
but still continue to receive federal funding. Ms.
Goode responded that EPA's OCR currently was
in a "reactive mode" of responding to a body of
complaints that it had received. She pointed out
that EPA hopes to move toward a more "proactive
role" of providing guidance. "That is an
appropriate role of the office," she said, "but we're
not there yet."
Mr. Goldtooth expressed concern about the lack
of meaningful consultation with tribes on the
subject of Title VI. He pointed out that EPA had
communicated with some, but not all tribes. Mr.
Goldtooth requested that EPA mail its interim
guidance on Title VI to all federally recognized
tribes. Emphasizing that the application of Title VI
in Indian country is a critical issue, he requested
that EPA's Tiltle VI Work Group hold one of its
meetings in Indian country. Mr. Goidtooth also
expressed concern about the lack of
representation of people of color on the Title VI
Work Group. Ms. Goode agreed to ensure that
tribal communities have information about the
interim guidance on Title VI and to ensure that
OCR works with EPA AIEO to use existing
networks to conduct outreach to tribes.
Several other members of the NEJAC expressed
concern about lack of diversity in the membership
of EPA's Title VI Work Group. Ms. Goode
responded to those concerns by stating that it is ,
"better to have membership that includes the
opposition rather than shutting them out." She
pointed out that strategic decisions had been
made about the group's membership. She added
that EPA is not insensitive to comments about the
need for community involvement, and she noted
that EPA had received complaints about its
"failure to include people who actually live in
affected areas." Ms. Goode suggested that the
agency had been "naive" with respect to the
inclusion of individuals from affected areas and
noted that EPA was reevaluating the issue in an
attempt to determine a course of action.
Mr. Cole expressed his disappointment at EPA's
handling of issues related to odors. He pointed
out that EPA had narrowed the range of issues
that are covered under Title VI and that OCR can
address to include only those issues that are
relevant to permitting decisions. Mr. Cole added
that he does not believe that Title VI supports
such narrowing, he said. Even if issues such as
odors are ancillary to the primary issues facing a
community, Mr. Cole continued, they remain
discriminatory in nature, and OCR can and should
address them. Mr. Cole also asked whether, EPA
would reject a case in which the complainant
pursues litigation after a complaint has been filed
under Title VI. Ms. Goode stated that she would
look into the matter and provide an answer to that
question. •
Mr. Lee noted that Title VI is "serving as a catalyst
for environmental, and economic justice;" that
there is a need to define the phrase "adverse
impact;" and that addressing the issue "requires
a paradigm shift." Mr. Lee offered a number of
suggested steps that could be taken to define and
address adverse impacts, including:
Inviting a number of individuals who are
"experts" on issues related to environmental
justice to conduct a symposium to develop
tools for conducting environmental justice
analyses .
Improve the relationship between EPA's OCR
and EPA's Office of Solid Waste and
Emergency Response (OSWER) to facilitate
the sharing of information and lessons
learned related to environmental justice
Develop programs to educate states on the
relationship between environmental justice
and Title VI . • •
Establish a working relationship between OEJ
and OCR to better use resources and funds
in programs and activities related to Title VI
Mr. Baldemar Velasquez, Farm Labor Organizing
Committee and chair of the. International
Subcommittee, asked when farm workers would
be "put on the radar screen" of EPA and when
resources would be provided to address issues
related to the protection of farm workers,
particularly in such areas as the "Deep South."
"For every reported migrant worker, many more
are entering the [United] States illegally," Mr.
Velasquez said. He stated that the "next great
civil rights movement in America will likely revolve
around migrant worker issues." He urged EPA to
coordinate with other agencies its efforts to
address issues of concern to migrant workers,
Oakland, California, May 31 and June 1 and 3,199S
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National Environmental Justice Advisory Council
V;1 IIHII, .OJJJ,Jg.j, ;
''
pointing out that "race relations are dependent on
how this is addressed."
Each subcommittee met for a full day on June 2,
1998, This section presents summaries of the
i&lfei^, iliKC'^nCiii^QlWfenS develpped during
those discussions, as well as updates on the
activities of the subcommittees. The Jyll text of
each of the resolutions of the subcommittees is
provided in Section 6.0 of this chapter. Full
sarrimaiies of the deliberations of the
subcommittees are presented in Chapters 3
thjpugh 8 of this report
4.1 Enforcement Subcommittee
Mr. Ray reported on the activities of the
Enforcement Subcommittee. He stated that the>
role of1 partnerships between states and EPA with
respect to ensuring environmental justice had
been a topic of discussion among the members of
the subcommittee. He noted that the lack.of
accountability on the part of state agencies was of
particular interest to the members of the
subcommittee, as well as EPA's plans to "bring
slates into compliance" with federal laws and
regulations.
Mr. Ray informed the members of the Executive
Council that the Enforcement Subcommittee also
had discussed the need to educate the local
residents about the way in whichEPA calculates
fines and penalties for those who are found not to
be in compliance with regulations and those
found liable for costs associated with cleanup of
a site. Members of the subcommittee discussed
the formation of a wbrk group to address issues
related, to lawsuits brought by citizens, Mr. Ray
•added.
He also reported that members of the
subcommittee had agreed that many small
businesses do not have sufficient resources to
undertake the activities necessary to "come into
compliance'1 and that creative ways therefore
should be devised to assist such businesses and
provide information to them. Mr. Ray noted that
videotape presentations can be used to provide
spalj businesses with information, stating that
EPA's small business compliance assistance
project is an example of efforts to help small
businesses comply with regulations.
Mr. Ray also reported that the subcommittee had
discussed the need for greater diversity in the
federal work force and, in particular, among those
rnaking key decisions related to issues of
environmental justice.
The meeting of the Enforcement Subcommittee
had been attended by several individuals who
provided presentations on a variety of topics,
including:
Mechanisms of alternative dispute resolution
and ways to use those mechanisms in
enforcement or settlement cases involving
Title VI and other issues related to
environmental justice
X"
Mapping systems and tools for determining
"what constitutes an environmental justice
area" (Mr. Ray explained that representatives
of EPA Region 3 had presented information
about ways in which criminal investigators
and inspectors can use such tools to help
identify issues associated with a site.)
Efforts to provide • communities with
information about the activities of police
departments
• Methods of distributing to communities
information about lead poisoning in children
Finally, Mr. Ray stated that members of the
Enforcement Subcommittee had discussed at
some length issues related to Title VI and EPA's
Title VI Work Group. As a result of that
discussion, members had drafted a letter to the
Administrator of EPA in which the NEJAC
requests a complete list of advisory committees
established under the Federal Advisory
Committee Act (FACA) and other advisory boards
at EPA. The letter states that the list of advisory
committees must include lists of the members of
such bodies and information about the affiliations
of those members, and information about existing
rules governing tenure on such bodies. Members
of the Executive Council approved the letter,
which was to be forwarded to the Administrator of
EPA.
4.2 Health and Research Subcommittee
Ms. Franklin reported on activities of the Health
and Research Subcommittee. She explained that
members of the subcommittee had discussed
issues related to the conduct of risk assessments;
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Oakland, California, May 31 and June 1 and 3,1998
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National Environmental Justice Advisory Council
Executive Council
issues related to children's health; and
information about lead abatement research.
Chapter Four, Meeting of the Health and
.Research Subcommittee, presents a detailed
summary of discussions of the members of the
subcommittee about the EPA report "Lead-Based
Paint Abatement and Repair and Maintenance
Study in Baltimore-: Findings Based on the First
Years of a Follow-up."
'Ms. Franklin pointed out that members of the
Health and Research Subcommittee had
expressed their intention to address the question
of "what constitutes ethical research," particularly
when "highly vulnerable" communities and'
subpopulations are involved. That question she
indicated, had'been raised in the cases of various
research projects, as well as with respect to the
implications of the results of certain research
projects for low-income communities and
communities of color.
Ms. Franklin read a resolution that members of
the subcommittee had approved that addressed
subsistence fishing in the San Francisco Bay and
related health risks from dioxin contamination,
She summarized the particular issues of concern,
including the perceived failure of the state of
California to identify polychlorinated biphenyls
(PCB) and dioxin in the Bay area as a high priority
issue, and minimal posting of health warnings in
the vicinity of the Bay. Another pertinent issue
discussed by the subcommittee, Ms. Franklin
continued, was the requirement that under the
Clean Water Act, 'that states.set total maximum
allowable discharge levels for areas that have
been declared "high priority." The
subcommittee's resolution, she continued,
requested that the Bay area be declared a high
priority issue because of the. presence of PCBs
and dioxins and . the use of the Bay by
subsistence fishermen. The Executive Council
approved the resolution.
Members of the Executive Council then discussed
the issue of subsistence fishing in general, noting
that EPA historically has not addressed the issue.
Mr. Whitehead pointed out, that the data that
generally are used to make determinations about
rates of consumption of fish are based on an
"average 140-pound white male," adding that
such data are not necessarily appropriate and
that use of them fails to take other populations
into account. Mr. Aragon noted that fishermen
sometimes remove health warning signs and
stated that appropriate language and "lay"
. terminology should be used of signs, so that
people can read and understand them. Mr.
Goldtooth pointed out that indigenous populations
are "particularly impacted" by subsistence issues
because of the spiritual relationship involved in
fishing for subsistence; therefore,, he said, the
posting of signs "does not .really apply" to
indigenous populations. Mr. Whitehead
requested that a subcommittee be charged with
developing a resolution on environmental justice
issues related to subsistence fishing.
4.3 Indigenous Peoples Subcommittee
Mr. Goldtooth reported on the activities of the
Indigenous Peoples Subcommittee. He explained
that members of the subcommittee had discussed
the distinction between federally recognized tribes
and those that are not so recognized, and the
responsibility of tribal members to voice their
concerns to federal and state agencies.
Mr. Goldtooth explained that the subcommittee
also had discussed issues pertaining to sacred
sites and issues .related specifically to the
protection of sacred sites on Mount Shasta,
California, an area of religious and cultural.
significance to indigenous peoples. He noted that
the subcommittee had agreed that the
relationship between the protection of sacred
sites and environmental justice should be clarified
and that the formation of a work group to address
this issue would be appropriate.
Continuing, Mr. Goldtooth explained that
members of the subcommittee had reflected on
the history, status, and progress of resolutions
forwarded to the Administrator of EPA on issues
specific to indigenous people. A number of those
resolutions, :he said, .had been developed before
the Indigenous Peoples Subcommittee was
established. He then requested that the
subcommittee be provided a list of all resolutions
related to indigenous peoples.
Mr. Goldtooth also told the Executive Council that
trie subcommittee had discussed at length Title VI
and its implementation in Indian country. The
subcommittee had drafted a letter requesting that
EPA consult with tribes about the applicability of
Title VI to indigenous tribal populations and that
the Title VI Work Group hold a meeting in Indian
country. Mr. Goldtooth also presented a letter to
the Administrator of EPA about the agency's
failure to respond to and address Indigenous
Resolution No. 23 on the proposed siting of a
Oakland, California, May 31 and June 1 and 3, 1998
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National Environmental Justice Advisory Council
Hi i'iilfi "),"t ; ,;!•
ft!' "ii i, .fin,' J
1 "Ulili" • ll'li :!!
fit:
•Ln.uclear, waste dump on lands in Ward Valley,
California that include sacred sites. The
members of the Executive Council approved the
letter.
"' Ilfie members 'oflfie,.Executive Council approved
a resolution drafted by the subcommittee on the
S.an Bruno Mountain Qhjone, Shell, Mound, a
burial site in the San Francisco Bay area that has
spiritual and cultural significance to tribes, the
resolution requests that EPA intervene to prevent
the destruction of the burial ground. The area,
Mr. Goldtooth explained, had been targeted for
residential a,nd commercial development that he
said would destroy the burial ground.
4.4 International Subcommittee
Mr. Velasquez reported on the deliberations of the
:|l'"\',i:' :Interna]iona[SubOT HeJ explained' that"
» S'lJ" ll'1' ' ' ! 9v*r\ t*i tl"*f*:S\v^nrmttit?if?i nf^j'4 1r\f*if^rr4 r\r^c*dni'"5t'ir\r\f* r^1r\r\i it
the global activities of EPA's Office of
International Activities (OIA); issues related to
pollution along the U.S.-Mexico border; the
"pbiiuting prictices" of a national power company
in Mexico and the lack of response to the problem
on the part of the Mexican government; and
Information related to inspections conducted by
EPA to determine compliance with pesticide
regulations. Mr. Velasquez* criticized EPA's
reliance on owners of .farms to deterrninewhether
their farms are in compliance, stating that EPA
should ask the farm workers whether an
operation is in compliance. He pointed out that
staff of EPA had agreed to meet with members of
the, subcommittee to discuss issues related to
protection of farm workers, but that the meeting
had not yet occurred. Mr. Velasquez added that
the "people writing farm worker protection
guidelines have no understanding of and give no
consideration to environmental justice issues
facing the farm workers."
Mr. Velasquez stated that Ms. Mildred McClain,
Citizens for Environmental Justice and a member
Of the International Subcommittee, had reported
to the subcommittee on her recent tour of South
Africa. A written report on the tour will be
distributed to members of the subcommittee and
subsequently to members ^of the_ Executive
"5b"un"cni MnVelasque^'ex'plaihed."
issues of environmental justice and means of
promoting environmental justice around the world.
He pointed out that the U.S. Trade
Representative (USTR) had been invited to
participate in the discussions of the Interagency
Work Group on Environmental Justice but had
declined to do so. Mr. Velasquez noted that
global environmental justice will not be achieved
if the USTR is not knowledgeable about
environmental justice issues. He added that "the
issue of economics sometimes gets lost in
discussions about environmental justice." He
stated further that the pursuit of goals related to
economic gains is the cause of many of the
environmental justice issues that arise. He urged
members of the NEJAC to "question the ethics
and motivation behind decision making" and to
hold companies accountable for their actions.
Members 'of"the 'Executivem"-Council' agreed,
approving a letter to the Administrator of EPA
requesting that a roundtable meeting be held to
discuss international issues of environmental
justice and that the black farm workers of America
"•"be included in the"dialogue. . . .
Mr. Velasquez concluded his report by noting the
upcoming end of the terms of several members of
the subcommittee, including his, own term as
chair. He announced that Mr. Arnoldo Garcia,
U[ban Habitat Program, would serve as a proxy
chair until a new chair is approved by the
Executive Council.
4.5 Public Participation
Subcommittee
and Accountability
Mr. Velasquez reminded the members of the
NEJAC that the Executive Council had agreed
that the International Subcommittee should host
a roundtable meeting to focus on international
Ms. Ramos reported on the activities of the Public
Participation and Accountability Subcommittee.
She noted that the subcommittee had discussed
issues related to community-based environmental
protection (CBEP), the process by which public
comment periods are conducted during meetings
of the NEJAC, and issues related to pollution and
the lack of public participation in decision-making
processes in Puerto Rico.
Ms. Ramos explained that members of the
subcommittee had listened to a presentation on
CBEP by Mr. Gerald Filbin, EPA Office of Policy
Planning and Evaluation, Office of Sustainable
Ecosystems and Communities (OSEC), who
defined CBEP as a "holistic and collaborative.
approach to environmental justice that brings
together public and private stakeholders within a
place or community to identify environmental
1-18
Oakland, California, May 31 and June 1 and 3, 1998
i l
I 11 Pill
l
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National EnVironmentalJustice Advisory Council
Executive Council
justice concerns, set priorities, and forge
'comprehensive solutions." The members then
had discussed the extent to which CBEP
addresses issues related to environmental justice,
Ms. Ramos said. She stated that the
subcommittee will continue to pursue that issue,
as well as investigate ways to incorporate the
"environmental justice vision" into the CBEP
approach.
Ms. Ramos also reported that members of the
subcommittee had discussed issues pertaining to
the process by which public comment periods are
conducted during meetings of the NEJAC. Ms.
Ramos added that effective, audible means
should be used to announce and enforce time
limits during public comment periods, to ensure
that everyone who wishes to do so is afforded an
.opportunity to speak. She explained that
members of the subcommittee also agreed that
the rule banning members of the subcommittees
of the NEJAC from providing testimony is not
acceptable.
Mr. Cole also .expressed concern about denying
members of the subcommittees an opportunity to '
provide testimony during public comment periods,
cautioning that to do so is a violation of first
amendment rights under the constitution. Mr.
Cole stated that any rule that bars members of
the subcommittees from providing public
comments should be rescinded. During
subsequent discussion about the origin and
legality of the rule forbidding members of the
subcommittee to offer testimony during public
comment periods; Mr. Herman stated that he
would ask EPA's Office of General Cpunsel for
written clarification of the matter.
Ms. Ramos informed members of the Executive
Council that a member of the subcommittee had
not been allowed to speak during the public
'comment periods conducted during the current
meeting because of. his affiliation with the
subcommittee. She then requested that that
individual, Mr. Delbert Dubois, Four Mile,
Hibernian Community Association, be allowed to
provide comments, and the Executive Council
agreed. Mr. Dubois then told the members of the
Executive' Council about a community in
Charleston, South Carolina, that is facing issues
that include high infant mortality rates, high
cancer rates, and a high incidence of birth
defects, among other severe problems. Local
residents, he explained, engage in subsistence
fishing. Many, he continued, have lived in the
community and have eaten fish and- other
seafood from local waters all their lives. Mr.
DuBois explained that the community would like,
EPA to conduct an investigation of the cumulative
health effects and risks posed to local residents
from the consumption of contaminated fish and
from'pollution caused by federal facilities in the
area, particularly U.S. Navy installations. Mr.
DuBois stated that the community had requested
that EPA provide information from the Toxic
Release Inventory (TRI), geographic information
systems, as well as other data. However, EPA
had not responded, he added.
Ms. Ramos continued her report by informing
members of the Executive Council of a resolution
that members of the subcommittee had drafted on
the formation of a work group to address the
environmental justice issues of communities in
Puerto Rico and the Carribean. The members of
the Executive Council then engaged in extensive
discussion of the appropriate purview of the
proposed work group and the composition of the
work group. Comments were made about the
importance of expanding the charge of the work
group beyond public participation issues to
include environmental issues in general, including
those related to 'the siting of facilities. After much
discussion, members agreed that Ms. Ramos will
work with the Protocol Committee of the NEJAC
to develop the resolution. The resolution then will
be forwarded to members of the Executive
Council for a vote by mail.
4.6 Waste and Facility Siting Subcommittee
Mr. Lee began his report on the activities ofthe
Waste and Facility Siting Subcommittee by
thanking the members of the subcommittee for
their efforts in addressing environmental justice
issues related to siting facilities. Mr. Lee also
acknowledged that Mr. Timothy Fields, Jr., Acting
Assistant Administrator, EPA OSWER, had
attended every meeting of the subcommittee and
that more than 15 OSWER staff attended
meetings of the subcommittee regularly. Mr. Lee
also cited the efforts of Ms. Linda Garczynzski,
Director of the Office of Outreach/Special Projects
Staff in EPA's OSWER and thanked, Mr. Kent
Benjamin, DFO of the subcommittee, for his
"tireless efforts." Mr. Lee stated that his four
years as a member of the NEJAC had been
"enriched by interactions with these and many
other" individuals.
Oakland, California, May 31 and June 1 and 3, 1998
1-19
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Executive Council
V ,
National Environmental Justice Advisory Council
mil i in nil i i i '
Mr. Lee then informed members of the NEJAC
that the subcommittee had viewed a videotape
about the redevelopment of Brownfields
properties! The videotape, he said, "sparked
excitement, pride, and hope" and is available from
EPA for general distribution. Mr. Lee explained
that other issues discussed during the
deliberations of the subcommittee included:
up!. Possibility of establishing a work group to
investigate areas in which legislative changes
are heeded to address such issues as
relocation and the Superfund program
Status of EPA's relocation policy, which is
scheduled to be released by the end of July
1998 for public comment
Need to establish a process for incorporating
lessons learned frorn rejpc.a.tipj,,, efforts jn..the.
oohimuhity of Perisacola, Florida, into
ongoing efforts to establish a relocation policy
• Disproportionate health effects associated
with the existence of 64 waste transfer
stations and numerous landfills in three
communities in New York City, New York
* Efforts by EPA Region 2 to address issues
related to Superfund sites in Puerto Rico, the
amount of information that exists about those
efforts, arid the need for a compendium of the
information
• Importance of interagency coordination
among federal agencies to "truly" address
issues of environmental justice
• Possibility of conducting a roundtable
meeting in early 1999 to discuss issues
- related^to risk assessments and cumulative
health impacts
Mr. Lee also informed members of the Executive
Council about a presentation provided to the
subcommittee by members of the community of
Mossville, Louisiana during which topics related to
cumulative health effects were discussed. The
community members asked the subcommittee to
'es£ablisrj a work group to assess cumulative
effects of environmental and health risks on
"cluster" communities, Mr. Lee explained.
Mr. Lee concluded his report by acknowledging
the amount of work that has been done by EPA
Qffices to address issues raised by the NEJAC.
He particularly noted that OSWER had "attached
budgets" to its efforts which, he pointed out, is
"noteworthy and significant." He also,
acknowledged the efforts of the National Institute
of Environmental and Health Sciences (NIEHS),
stating that NIEHS had been one of the first
agencies to "embrace" the concept of
environmental justice. He added that NIEHS
recently had announced the award of $15 million
in grants for projects that address environmental
injustices.
y
Ms. Anabelle Jaramillo, Citizen's Representative
, to the Office of the Governor for the State of
Oregon and member of the Public Participation
and Accountability Subcommittee, then suggested
that the Waste and Facility Siting Subcommittee
work in concert with the Public Participation and
Accountability Subcommittee to address issues
related to CBEP,r -Mr. Lee expressed his
agreement and stated that several members of
the Waste and Facility Siting Subcommittee are
experienced in the area of CBEP,
5.0 ADMINISTRATIVE ISSUES
This section presents a summary -of the
discussions of the Executive Council about
administrative matters related to the NEJAC.
Closing remarks by members of the Executive
Council and the chair of the NEJAC are
summarized, as well as remarks of the DFQ of
the NEJAC about the next meeting of the NEJAC.
5.1 Review of Action Items and Resolutions
Mr. Kngx led a brief discussion about resolutions
and,action jtems,that have, beerxforwarded to,the
Administrator of EPA. He pointed out that one of
the difficulties related to resolutions about public
participation is the identification of the appropriate
EPA office to address it. Each office of EPA is
required to address issues pertaining to public
participation, he said. He also announced that
OEJ, in response to a request made by the
Executive Council during the February 1998
meeting, was developing a new database to
better track resolutions and action items
forwarded to the Administrator of EPA. The
database, he said, is intended to easily identify
the EPA office responsible for addressing the
t issues,raised in each resplutionpraction it^m a/jg)
to track the responses received. Mr" Knox
explained that the members of EPA's
Environmental Justice Executive Steering
Committee also will begin to review resolutions
1-20
Oakland, California, May 31 and June 1 and 3, 1998
-------
National Environmental Justice Advisory Council
Executive Council
forwarded to the EPA and will communicate
regularly with the DFOs of the subcommittees of
the NEJAC to follow up on those issues.
Ms. Jaramillo, expressed concern that resolutions
addressing issues related to public participation
are being referred to a single program office at,
EPA. She strongly urged that the Administrator of
EPA forward such resolutions .to all program
offices because many of the resolutions of the
Public Participation and Accountability
Subcommittee are intended to affect decision-
making processes throughout the agency.
Mr. Cole suggested that the action item tracking
lists should present the oldest action items to
identify those that require immediate action by the
NEJAC. '
5.2 Closing Remarks of the Chair of the
NEJAC
In his closing remarks, Mr. Turrentine
commended the subcommittees for their hard
work, noting that the reports of the subcommittees
were evidence of the "incredible amount of
activity and work" that took place during the
subcommittee meetings.
Mr. Turrentine stated further that the public might
be better served during the public comment
period if the subcommittees could restructure their
meetings to work on outstanding issues that
require resolution during the morning and focus
their efforts during the afternoon on "framing the
issues" heard during the public comment periods.
Doing so, he suggested, might reduce the amount
of time that it takes the NEJAC to respond to
those who offer public comments.
Mr. Turrentine stated that Mr. Lee and Mr. Donald
Elisburg, a former member of the NEJAC, had
prompted Mr. Turrentine to, become a member of
the NEJAC. He pointed out that Mr. Lee had
been a "mentor and incredible source of energy."
He also acknowledged Mr. Herman for his
presence, commitment, and active participation
during deliberations of the Executive Council and
the subcommittees.
Mr. Turrentine concluded his remarks by thanking
Ms. Marva King, Ms. Linda Smith, and all other
staff of OEJ, as well as the staff of Tetra Tech EM
Inc. and the court reporter, for their efforts
throughout the meetings.
5.3 Next Meeting of the NEJAC
Mr. Knox announced that planning had begun for
the next meeting of the NEJAC which 'is
scheduled to be held in Baton Rouge, Louisiana
in November /1998. Exhibit 1-9 presents the
NEJAC's preferences for dates and locations of
future meetings.
Exhibit 1-9
FUTURE MEETINGS OF THE
NATIONAL ENVIRONMENTAL
JUSTICE ADVISORY COUNCIL
• November 1998 - Baton Rouge, Louisiana
• May 1999 - New York or New Jersey
• December 1999 - Chattanooga, Tennessee
6.0 RESOLUTIONS
This section presents the text of each resolution
forwarded by the subcommittees of the NEJAC to
the Executive Council for consideration and
approval by the council.
6.1 Resolution Forwarded by the Health and
Research Subcommittee
This section presents the text of the resolution
forwarded by the Health and Research
Subcommittee to the Executive Council of the
NEJAC that was approved at the June 1998
meeting of the NEJAC.
Health and Research Resolution No. 8 on
Dioxin Pollution of the San Francisco Bay
WHEREAS: All people have the right to clean air,
water and food;
Dioxin refers to a group of polychlorinated dioxin,
furan and biphenyl compounds which pose
serious threats to public health in the San
Francisco area, throughout the State and
nationwide and dioxin is one of the most toxic
synthetic organic chemicals known to science;
According to the 1994 EPA Dioxin Reassessment
Draft, the Children's Health Protection Advisory
Council recognizes the significant health concerns
• to children posed by dioxin. New information and
Oakland, California, May 31 and June 1 and 3,1998
1-21
-------
II II II Illllll
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1 Illllll I.
Executive Council
National Environmental Justice Advisory Council
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er-reyiewed data indicate that children's health
no! Rave IHequately been'" considered."
.experience toxic exposure to dioxin
efp're^blrtrj^n^Jyring breast-feeding.
threatened by dioxin, furan and PCB pollution of
the Bay results in environmental injustice; and
EPA is proposing lowering the threshold fpr^
"riefprting/'inHusjriaf"dioxin "releases'in the toxic
T"rejeaselgventpry under the Emergency
Under the Clean Water Act, EPA is charged with
ffoe'prompt review and necessary changes to the
State's action regarding section 303(d) of the Act;
IP; i
i and"C'6m'm"uhity Right to Know Act;
A State Health Advisory has been in effect for
Sibxin, PCBs and other toxins found in the San
Francisco Bay fish since 1994;
A majority of those who fish San Francisco Bay
for subsistence are people of color;
On May 31,1998 the NEJAC site tour stopped at
1 site of fishing on the Bay and found that only
one health warning sign was evident.
" "Effective.health warnings for pur communities
;" '"Ree^"'"'''^^'"''!:)'!'""" in understandable, non-technical
language and in trie languages spoken by those
exposed to the hazard or symbols for non-
readers.
i
iiii M i n i i iiiiii i
Prevention of pollution discharge into storm water
irunpffispartpftheifederaliiiE£A'siiresponsibi
QhdeV^e cleari'Water Acfwhich "is"delegated to "
the State of California which retains Primacy as a
duty to protect health and environment under the
National Pollutant Discharge Elimination System
for dfscjiarge permits;
THEREFORE BE IT RESpLVED THAT;
EPA is urged to act for environmental justice and
reverse the State of California's failure to stop
ongoing dioxin pollution of San Francisco Bay by
designating dioxin, furan and PCBs pollution of
these waters as a high priority pollution problem
for immediate action under section 303(d) of the
Clean Water Act.
Specifically, the EPA is urged to ensure that this
action is taken by designating dioxin, furan and
PCBs pollution a high priority under section
303(dj of the Act for immediate development and
implementation of 'total maximum daily loads,'
'load allocations' and 'waste load allocations,'
which are required by this section in order to
ensure thai -SlL ^reyejiff b|e,,,, sources' i of Jhe^
pollution are""prevented
"'., I JlllLigi', !|;Ji,| !i,i|, iff Vm'i, ll'H iSti lE'l '" |||III||D|||II|I|I ' ,' li" I V,!!'l . I1! l|i , , 'ii II*"' •' U ,il! lili"', !3 III1 I'll ,'FI1, Illllll . 'If ,!!.''" 'I'1. '^ It 1
; '" ^Califpmja^wgter Quality authorities have failed to
lake actions undeFthe Clean W^ter Act to protect
::,; :peojDlewho fish fo£iisuibjisjenceifrom at .least 28
. ;'''_iigg^™i».g^|^is'"^- gQJng pojiutjon to the Bay by
controlling these discharges;
The California State Regional Water Quality
Control Board resolved in February, 1998 that
"dioxin pollution is a high priority for immediate
action to restore water quality and protect public
health;"
On April 1 and as recently as May 27, 1998,
however, the California State and Regional water
boards have officially declined to take action
against dioxin pursuant to section 303(d) of the
Clean Water Aqt for at least two years, and
perhaps longer;
The EPA should take steps to eliminate toxic
pollutant exposure through education, and
awareness that is culturally sensitive and
inclusive of all people, and that addresses
positive, hopeful solutions to pollution as well as
pollution hazards.
iii i n s i i in i t i n
6.2 Resolution Forwarded by the Indigenous
Peoples Subcommittee
People of color and low to moderate income
populations are severejy ancj disproportionately
This section presents the text of the resolution
forwarded by the Indigenous Peoples
Subcommittee to the Executive Council of the
NEJAC that was approved at the June 1998
meeting of the NEJAC.
r , -
Indigenous Peoples Resolution No. 29 on the
San Bruno Shell Mound
WHEREAS, the Indigenous Peoples
Subcommittee of the National .Environmental
Justice Advisory Council (the Subcommittee) has
heard from legal counsel for the Pajoro Valley
Ohlone Indian Council, and understands that the
San Bruno Mountain Ohlone Shell Mound (the
Shell Mound), located just south of San
Francisco, California, is a sacred and culturally
significant site to the Ohlone people; and
1-22
Oakland, California, May 31 and June 1 and 3,1998
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National Environmental Justice Advisory Council
Executive Council
WHEREAS, the Subcommittee understands that
the Shell Mound is an Ohlone burial site dating
back 5000 years, that the area is the site of one of
the largest and oldest Ohlone villages oh San
Francisco Bay, and that it is one of the few
remaining shell mounds on the Bay; and
WHEREAS, the Subcommittee understands that
the Sterling Pacific Management Services of
Phoenix, Arizona, representatives of which were
not present when the subcommittee heard from
Ohlone representatives, has initiated procedures
under state law to obtain permits for the
construction of a large residential and commercial
development (the Terrabay Project) which, if built,
would obliterate the Shell Mound; and
WHEREAS, the Subcommittee understands that
time is of the..essence in this matter because
potentially irreversible decisions will soon be
made regarding the project under state law; and
WHEREAS, areas of cultural or spiritual
significance to indigenous communities, whether
on or off land within the jurisdictional control of
that community, often go to the heart of what
defines an indigenous community as culturally
and/or politically distinct; and
WHEREAS, federal environmental law recognizes
impacts to areas of cultural . significance as
impacts on the human environment which require
consideration and mitigation; and
WHEREAS, the NEJAC is concerned that
disproportionately high and adverse impacts on
indigenous communities are occurring as a result
of insufficient consideration being given to cultural
and spiritual impacts on these communities; and
WHEREAS, indigenous communities rarely have
the political clout or financial resources to assure
that these issues are adequately addressed, and
therefore rely heavily upon their federal trustees
to assist communities in identifying and
preventing these impacts; and
WHEREAS", the subcommittee understands that,
in the case of the Shell Mound, no federal
consultation has occurred, and that, despite
federal funding apparently connected with the
project, no federal laws have been addressed;
and , .
WHEREAS, compliance with applicable federal
laws and policies, including environmental justice
executive orders and implementing documents,
would help to ensure avoidance of environmental
injustices.
NOW THEREFORE BE IT RESOLVED by the
NEJAC that EPA should work closely with the
Ohlone people to more fully understand the
cultural issues implicated by the Terrabay Project,
and to ensure that the Ohlone people are involved
in all phases of decision making regarding the
Project.
BE IT FURTHER RESOLVED by the NEJAC that
EPA should work with the Interagency Working
Group on Environmental Justice, and other
appropriate federal agencies and departments,
review the environmental justice issues raised by
the Terrabay Project, as well as the applicability
of any federal statue, regulation, and executive
orders and, if appropriate, seek full and
immediate compliance with such federal statutes,
regulations and executive orders.
Oakland, California, May 31 and June 1 and 3,1998
1-23
-------
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-------
MEETING SUMMARY
of the
PUBLIC COMMENT PERIODS
of the
NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
May 31 and June 1,1998
Oakland, California
Meeting Summary Accepted By:
J I: -i-
/f~~j$s1***^^-^44AJK/^^
Robert Knox
Acting Designated Federal Official
Haywood Turrentine
Chair
-------
-------
CHAPTER TWO
SUMMARY OF PUBLIC COMMENTS
1.0 INTRODUCTION
During its meeting at the Oakland Marriott City
Center in Oakland, California, the Executive
Council of the National Environmental Justice
Advisory Council (NEJAC) held three public
comment periods, the first on Sunday evening,
May 31,1998 and the second and third during the
afternoon and evening of Monday, June 1,1998.
" During the three sessions, 60 individuals offered
. verbal comments.
This chapter presents detailed summaries of the
testimony the Executive Council of the NEJAC
received during the public comment periods and
the comments and questions that the testimony
prompted on the part of the members of the
Executive Council. Section 2.0. Public Comments
Presented on , May 31, 1998, summarizes
comments offered during the public comment
period held on that date and the responses of
council members. Section 3.0, Public Comments
Presented on the afternoon of June 1, 1998,
summarizes the presentations offered and
responses expressed during that second session.
Section 4.0, Public Comments Presented on the
Evening of June 1, 1998, summarizes comments
offered during the final session.
2.0 PUBLIC COMMENTS PRESENTED
ON MAY 31,1998
This section summarizes the comments
presented to the Executive Council during the
public comment period on May 31, 1998, as well
as the observations offered by members of the
council in response to those comments. The
section begins with a brief summary of the
opening remarks of the chair of the Executive
Council.
Mr. Haywood Turrentine, Executive Director,
Laborers Education and Training Trust Fund (an
affiliate of the Laborers International Union of
North America) and chair of the NEJAC, briefly
reviewed the guidelines governing the public
comment period, emphasizing in particular the
five-minute time limit on comments. He noted
that commenters would have the opportunity to
submit additional information in writing to be read
into the record. The NEJAC, Mr. Turrentine
continued, respects all who come before it and
asks, in turn, that those individuals respect others
scheduled to speak by adhering to the guidelines.
Mr. Turrentine reminded all present that the
NEJAC makes a record of all comments offered
before it and refers issues raised to the
appropriate offices of the U.S. Environmental
Protection Agency (EPA) and the appropriate
subcommittee of the NEJAG.
2.1 Michael Green, Director, Center for
Environmental Health, San Francisco,
California
Noting that there are 28 known sources of dioxin
in the San Francisco Bay area, Mr. Michael
Green, Director, Center for Environmental Health,
San Francisco, California, stated that dioxin is
entering the food chain through fish taken from
San Francisco Bay. Mr. Green stated that 75
percent of the people who consume fish taken
from the Bay are people of color. He stated
further that the responsible agencies have not
determined how much dioxin is produced in the
Bay Area, "much less how much is entering the
food chain." Mr. Green singled out the medical
waste incinerator in Oakland, California operated
by Integrated Environmental Systems, Inc. (IES),
stating that the facility is the only commercial
medical waste incinerator in the state and that,
therefore, all medical waste generated in the state
that is disposed of by incineration is transferred to
the IES facility for disposal. Mr. Green then
recounted the history of citizen action taken
against the facility. In one case in which" matters
related to the operations of the facility had come
before the local regional air quality management
district, he stated, two of the three hearing board
members also held positions as consultants to
subsidiaries of the corporation' that owns the
incinerator. Mr. Green then pointed out that the
air quality management district had found 164
violations of regulatory requirements in the
operations of the incinerator, but had taken no
action against the facility. The local regional
water quality management district, he added, had
done nothing, as well. Mr. Green then asked that
EPA "hold the feet of regional bodies to the fire"
by -ensuring that appropriate action is taken
against facilities found to be in violation of
regulatory requirements.
Oakland, California, May 31 and June 1,1'998
2-1
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1,1 I l! I II (I IIIIUJ l> lull I ill I lUII
I ill
Public Comment Period
National EnvironmentalJustice Advisory Council
nil n i'i i i'i i ti( ill i i • i
*
2.2 Manuel Leal, Farm Worker, Sanger,
California
Addressing the Executive Council as a private
citizen, Mr. Manual Leal, a farm worker from
Sanger, California, described for the council
several occasions over the years during which he
a"hd members of his family had been exposed to
pesticides „ while working in California's
agricultural indusly. No protection is provided to
farm workers, Mr. Leal stated, adding that many
"agricultural workers suffer ^financial ^setbacks,
''whin,, ,§i^y§S,Q£i^P°?yf? t° Pesticides they fall
^"g^-gjg'yj^yg^Q'yjiQ^ California^ agricultural
workers, Mr. Leal told the council, are
instrumental in bringing the state's produce to the
nation's tables and deserve to be protected from
the dangers of exposure to pesticides. Mr. Leal
asked that EPA help secure and maintain such
protection for farm workers and their children.
2.3 Ward Young, Bay Area Nuclear Waste
Coalition, Bolinas, California
_ i iniii i i r i i i
Mr. Ward Young, Bay Area Nuclear Waste
Coalition, Bolinas, California, first asked that the
Executive Council recognize the presence of
, ipe^beis, h of ;i,, Colorado 1, River Native ,. Nations
Sue meeting. Mr. Young then stated that, within
the week, the U.S. Department of the Interior
(DOI) had announced suspension of the nuclear
Waste dump project proposed for Ward Valley,
California. Mr. Young explained that the
proposed facility was to be a shallow landfill,
situated, he said, above the aquifer that supplies
ipproximately 70 percent of California's water.
Further, he stated,[trie[site.for;which.the project
had been proposed i is sacred" land'to i the .'"Indian
^ifaes^in the area, whose members, he reminded
'Uie council, currently were occupying that site in
'protest against the project. Citing EPA's "broken
promises," Mr. Young then stated that EPA had
met with the Alliance in November 1996 and, at
that time, had promised| that an environmental
assessment of the project would be conducted.
In spring 1997, he continued, the NEJAC had
acknowledged that environmental justice is at
issue in the Ward Valley case. In fall 1997, Mr.
Young went on, EPA also had promised to
conduct an '''environmental justice review of the
project ^OWgVg^ ne declared, none of the
promised assessments have been completed to
data ML young then asked "that the members of
the NEJAQ go to the proposed site to
demonstrate thefe support for the Indian peoples
currently occupying the site and "join the action
they [the occupying parties] are taking."
2.4 Labonna Williams, Director, Midway for
Child Health and Environmental Justice,
Vallejo, California
Ms. LaDonna Williams, Director, Midway for Child
Health and Environmental Justice, Vallejo,
California, described to the Executive Council the
ill effects on her own children, as well as other
children in the Midway community, of
contamination that she stated was the result of
operations of a facility operated by Pacific Gas
and Electric Company (PG&E). "You read [the
children] a story and tuck them into bed, but when
you check on them later, you find blood
everywhere," she said, describing such symptoms
as nosebleeds,: Those and other ailments are
common among the community's children, she
said, PG&E, Ms. Williams continued, capped soil
contaminated with volatile organic compounds
(VQC), but the. contaminants "soon bubble up
somewhere else." Ms. Williams reported that the
California Department of Toxic Substances
Control (pf SC) uses reports prepared by PG&E
to identify the chemicals present, as well as the
levels i at,,which _ those chemicals , have „ been .
detected. Although the findings of both DTSC
and EPA indicated that contaminants were at
background levels, she stated, PG&E had made
settlement offers to the community. However,
she continued, no medical testing of members of
the community have been performed. The
community is affected by exposure to 300
chemicals, she added. Ms. Williams asked what
role EPA .should play in holding corporations
accountable for the contamination they cause,
specifically criticizing EPA Region 9 for inaction in
her community's case. What, she asked, can "we
as communities" do to put an end to such
problems.
Mr. Turrentjne then explained that the role of the
NEJAC is to provide advice and counsel to the
Administrator of EPA. The NEJAC, he continued,
does not directly advise EPA Region 9 or any
other EPA regional office. Mr. Arthur Ray,
Maryland Department of the Environment and
chair of the Enforcement Subcommittee, added
that the NEJAC does not have the power to force
the regional office or EPA to act. "We advise," he
emphasized.
In respose, Ms. Williams suggested that the
NEJAC make every effort to ensure that the
2-2
Oakland, California, May 31 and June 1, 1998
i ' ii" ' , I " "I"1' i ' '""I"
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National Environmental Justice Advisory Council
Public Comment Period
people who can take action attend its meetings.
Her community, she told the council, expects
more than a "sounding board," adding that "we've
been doing that for 19 years."
Noting that she, like Ms. Williams, is a community
leader, Ms. Rosa Hilda Ramos, Community of
Catano Against Pollution, Puerto Rico, and chair
of the Public Participation and Accountability
Subcommittee, asked that Ms. Williams submit
more information to the council in writing. Ms.
Williams stated that she already had done so,
adding that her organization also was submitting
a CD-ROM on environmental racism to the
council for its consideration.
When asked by a member of the Executive
Council what action her community wishes to be
taken, Ms. Williams responded that the PG&E
operation "should be shut down and the
community moved." DTSC, she continued, must
take responsibility in such cases, adding that
problems like those her community faces are
"happening all over California."
Mr. Turrentine assured Ms. Williams that the
NEJAC would consider her recommendations and
that she would be contacted for further
information.
2.5 Kathy Landry, Calcasieu Ladies for
Environmental Action Now (CLEAN) and
Mossville Environmental Action Now
(MEAN), Mossville, Louisiana
Noting that 50 polluting industries already are
located in the Lake Charles, Louisiana area, Ms.
Kathy Landry, Calcasieu Ladies for Environmental
Action Now (CLEAN) and Mossville
Environmental Action Now (MEAN), Mossville,
Louisiana, pointed out that the National Oceanic
and Atmospheric Administration (NOAA), an
agency within the U.S. Department of Commerce
(DOC), had identified more than 150
contaminants in the estuary in the Lake Charles
area. In particular, ;ethylene dichloride
contamination has been identified in the estuary,
she stated, adding that there is evidence of
contamination of the aquifer, as well. Ms. Landry
then presented to the council written background
materials discussing the proposal of the Westiake
Vinyl Corporation to build a polyvinyl chloride
(PVC) production facility in Lake Charles area.
Three chemical facilities already are located in
her community, she stated, and the Westiake
proposal would bring four more such facilities to
sites located in close proximity to the community's
elementary school. (See sections 2.9 and 2.11
for comments related to the' Mossville
community.)
Ms. Landry then described the conditions
affecting the community, including constant,
;visible emissions, traffic, and odor. Members of
.the community suffer from high rates of asthma,
endometriosis, and other ailments, she said,
adding that 80 percent of the children enrolled in
the community's elementary school take
medication for attention deficit disorder. The state
police, she continued, had identified "hundreds" of
instances of spills of hazardous materials; yet, the
Louisiana Department of Environmental Quality
(DEQ) has done nothing to protect the
community. Ms. Landry then stated that her
community requests that EPA conduct
independent studies to characterize the
contamination that plagues the community.
Further, she said, the community requests a
moratorium on the construction of new facilities
until such an assessment has been made. The
problems her community faces, Ms. Landry,
continued, are common to many communities.
"Industry, government, environmental groups, and
communities," she said "all must work together to
solve such problems," concluding, "We can all be
part of the solution."
Mr. Charles Lee, Director of Environmental
Justice, United Church of Christ, Commission for
Racial Justice and chair of the Waste and Facility
Siting Subcommittee, stated that he had
discussed the Westiake proposal with Ms. Landry.
He announced that the Waste and Facility Siting
Subcommittee planned to consider the issue
during its meeting on the following day, Tuesday
June 2, 1988. (See Chapter 8, Section 4.2 for a
summary of that discussion.) Mr. Lee suggested
that the subcommittee would form a work group to
pursue the issue further: Ms. Ramos suggested
that the Agency for Toxic Substances and
Disease Registry (ATSDR) should study such
issues.
2.6 Ephraim Camacho, Center on Race,
Poverty & the Environment, California
Rural Legal Assistance Foundation,
Fresno, California
Stating that his organization provides legal and
technical assistance to groups fighting for
environmental justice in California's Central
Valley, Mr. Ephraim Camacho, Field Director,
Oakland, California, May 31 and June 1,1998
2-3
-------
Public Comment Period
National Environments/Justice Advisory Council
Center on Race,, Poverty & the Enyironment,
California R.ural Legal Assistance Foundation,
stated that his wor^k brings him into contact with
many communities trial"have been "neglected by
r I"' h
i:'.Si'i afi.ii,;:;, * at, if i. ;
being ignored. Mr. Camachp then described
conditions in Malaga, a small community in
Fresno County, California. (See also sectipns 2.7
and 2.8 of this chapter for additional comments
about this community.) Noting that the
community is located adjacent to the Purity Oil
Sales Superfund Sitej Mr. Camachp,,'recounted"
briefly the history of trie site and the company that
operated it. From the 1940s to the 1970s, he
said, Purity Oil Sales Company used the site to
process oil from nearby refineries. The operation
V/as closed down in the late 1970s, he continued,
and, in 1980, when the state of CaUfomjajfound^
the' site to be contaminated wjfrj lead arid
polychlorinated biphenyls (PCB], EPA added the
"""""• " '"'-"" •'—'-—• • Priories List (NPL)"" of sites'
"Having ipifror^'loFcleanup" under Supeffurid.
•"Mr. Carnacho then described several .cleanup
lliCIIK
the years, including the spraying of a "cement-like
iubstaocelamun^ the edges of the site to keep
to.xics from migrating farther off site." Although, in
1992, EPA selected a plan to clean up the soils
on the site, Mr. Carnacho continued, the agency
l,- .
..... hir
; • '"||ter significantly" scaled' b'ack'that 'effort
urine, and instances of fetal deaths documented ,
in the early 1980s. Residents at that time, he
continued, reported such health problems as
"depigmentation of skin, headaches, dizziness,
difficulty in breathing, lethargy, depression, loss of
appetite, tremors and, nausea and vomiting
caused by odors."
Mr. Carnachp then described current conditions,
including infiltration of dust from the site into the
. community and evidence of surface-water runoff
from the site into the trailer park. He stated that
EPA had known for a dgcade that the plume
extends under the trailer park, adding that the
fence enclosing the site has fallen into disrepair
and no longer prevents access to the site. Mr.
Carnacho stated further that residents of the
trailer park had not known until recently that the
site posed a hazard, .noting that his slides showed
that no warning signs are posted at the site.
Three weeks ago, Mr. Carnacho explained,
, representatives of EPA had visited the site; that
event, he said, was the first time residents had
1 been advised of the history of the site.
„,„,', , ..... , ^f.;;!.,,Cjmacho'; ..... sta|ed ...thai ..... neither ....... pf , tie ......... fwo .....
cleanup proposals set forth by EPA, both of which
involve capping rather than excavation and
removal of the hazardous substances, is
acceptable. Capping, he continued, is far less
protective than excavation and removal. Further,
_ _ he ............. said, ............. the ............ National Law ....... Journal , has
I" •"kTILH:,,
'i!"" I' ir '"'I'!' !*'
!!il!', f1!1''if' "
'"O'li'riii! '"
III
,, ....... v; ......... I-! v, ""« f
a
series
!i; *;, ,!.
of
. ,
slides, Mr. Camachoii
l "a'reaj tfie Tall Pines _
Trailer Court, lies immediately adjacent to trie
Purity Oil site, separated from it only by a chain-
link fence. Many of the residents of the Tall Pines
ci)fflmuQjty, he continued, are Mixteco,
Indigenous people from the mountains of Oaxaca,
who 'work primarily as migrants.
'
i,!f!.'|!
IV iWI.'
?,,:
.ftr i,
i",iF it iiliilii/ ,'
i'". iit1 tar i
^^^Q^'^^'^^Q^Q^Q^g^--j^i1^!^t and
few can communicate in English or Spanish, he
added. The people of Tall Pines, Mr. Camachp ^
J:§&seived,,"alive heldtoa SupeYfohd"slte, protected
gnly by EPA's chain-link fence." Further detailing
''lie history of EPA's^acjip'nsJat^e^site^.'Mr.,
! 'Samachp then,, .stated tfiat, even though the
's 'own" documents demonstrate^that the,
ip|n| glume'' 'from' "the site" had migrated
. under trie TOilef'piirfci tRe cleanup plan'that EPA"
.; IllliilJPEBIJii, f iijnilH! •» ?™ * • »"• ^ S'j -:i '.'i '<": :•
proposed some seven yeans after adding the^ site _
"fotne NEPr-.'does nol include any'arias outside the"
site. Mr. Carnacho then described health
conditions among members of the community,
I elevated rates of hematuria, or blood in the
.. chooses , .capping more
_ often ..... in ...... communities ..of color .than ,in .white ........
' communities. ............... He ..... then .reiterated ....... his view,, that .....
EPA had failed to adequately inform residents of
the Tall Pines community about the site, pointing
out, for example, that the agency had failed to
provide appropriate translators for meetings.
Stating that the people of Malaga face daily
endangerment, Mr. Carnacho asked that the
NEJAC "intervene" to bring justice to the
community and "work with us to hold EPA
accountable and to get the people of Malaga the
safe, responsible cleanup they need and
deserve."
2.7 Erasto Bautista, Resident, Tall
Trailer Court, Malaga, California
Pines
Speaking through an . interpreter, Mr. Erasto
Bautista, a resident of the Tall Pines Trailer Court
in Malaga, California, told the Executive Council
that many children reside in the community. The
greatest fear among members of his community,
Oakland, California, May 31 and June 1, 1998
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National Environmental Justice Advisory Council
Public Comment Period
he stated, is that their children will become ill. He
had lived in the Tall Pines community for eight
years, he continued, but had learned only recently
of the threat posed by the Purity Oil Superfund
sjte (see Section 2.6 of this chapter) Mr. Bautista
asked for the NEJAC's help in protecting his
community and its children from that threat.
2.8 Manuel Escondido, Resident, Tall Pines
Trailer Court, Malaga
Mr. Manuel Escondido, a resident of the Tall
Pines Trailer Court, Malaga, California,
addressing the Executive Council through an
interpreter, asked that members of the NEJAC
visit his community to observe the conditions
under which its residents live. Although EPA
representatives had come to the community and
promises had been made, he continued, no action
had been taken to clean ,up the hazardous waste
site that is the cause of those conditions. Mr.
Esposito pointed out that, in nearly 20 years, the
site had not been cleaned up. Mr. Esposito told .
the members of the Executive Council that his
community asks that EPA provide a timetable for
addressing contamination at the site and further
that the site be cleaned up, rather than capped.
He then asked for the NEJAC's help in securing
those actions.
2.9 Diane Prince, CLEAN and MEAN,
Mossville, Louisiana
Ms. Diane Prince, CLEAN and MEAN, Mossville,
Louisiana, an 18-year resident of that community,
spoke to the council about the effects of dioxin
emissions from a chemical plant operated by
Vista-Condea Chemical Company on her
community. She stated that she herself has
cancer and pointed out that cases of such
illnesses as asthma, endometriosis, and attention
deficit disorder are "rampant" in the Mossville
community. (See section 2.5 arid 2.11 of this
chapter for comments related to this community.)
Ms. Prince described the conditions her
community faces, including a fiercely red flare
burning constantly; thick,'black smoke; and "noise
like an airplane" in the vicinity of the plant, which,
she reported, is 50 yards from her home. She
stated that EPA has taken the position that there
is a "defect" in the equipment or operations of the
plant "the people are professionals and must
know what they are doing." She added that.
instances of heavy, easily visible emissions occur
several times a month. Stating that "dioxin is
crippling and killing the people of the world," Ms.
Prince declared that the problem is "not a black
issue, but everyone's issue." Ms.. Prince then
recounted as an example an incident in which
members of the community experienced such
symptoms as burning eyes. Staff of the plant had
informed her at the time that there had been a
release, she continued, but had stated that the
release was harmless. Pursuing the issue, she
said, she learned that hydrochloric acid had been
released in that instance. Further, she added,
"she had learned by monitoring the plant's
newsletter that the, plant continues to claim that
no release had occurred. Louisiana DEQ, she
added, had .concluded that a release had
occurred. Ms. Prince then asked that the NEJAC
assist the community in pursuing an overall health
study of -Calcasieu Parish, in which the
community is located.
Ms. Ramos commented that she had seen on a
videotape the flare referred to by Ms. Prince.
Observing that such a flare indicates that the
plant is not operating properly, Ms. Ramos stated
that such conditions are a "clear violation of the
Clean Air Act (CAA)." Mr. Turrentine then advised
Ms. Prince that there would be an opportunity to
discuss the issue further with the members of the
Waste and Facility Siting Subcommittee, which
was to consider the matter.
2.10 Grace L. Hewell, West Alton Park
Neighborhood Association,
Chattanooga, Tennessee
Ms. Grace L. Hewell, West Alton Park
Neighborhood Association, Chattanooga,
Tennessee, first expressed concern about the
participation of the U.S. Department of Energy
(DOE) on the Interagency Working Group on
Environmental Justice (IWG), convened under the
requirements of Executive Order 12898 on
Environmental; Justice. She then expressed
concern about failure to1 provide environmental
education to communities whose members are
victims of environmental injustice. She cited the
low levels of,literacy that plague many such
communities, stating that, in such communities in
Los Angeles, California.and parts of the Soulh, 21
percent of the adult population is "at Level 1 of
literacy." Ms. Hewell pointed out that limited
literacy in a population has an effect on sociafand
economic issues and suggested that the council
consider literacy as an issue of environmental
justice.
Oakland, California, May 31 and June 1,1998
2-5
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Ill 111 |i 11(11111 II III ..... ill!! II
Illlllllllllll
Hill
Public Comment Period
National Environmental Justice Advisory Council
,„<
. [V
Mr. Turrentine asked Mr. Robert J. Knox, Acting
Director, EPA Office of Environmental Justice and
Acting Designated Federal Official (DFO) for the
NEJAC, to address the issue of DOE's role in the
IWG on environmental justice. Mr. Knox stated
that DOE currently was not participating in the
Working group but had been asked to become
involved, noting that Vice President Gore had
Jssued iiia merriprarjdurn, to federal agencies on
Earth Day to request their participation in the
Working group. In response to Ms. Clydia
Cuykendall, Star Enterprise (Texaco/Saudi
Aramco) and member" "6? the International
Subcommittee sitting on the council as proxy for
Ms. Leslie Beckhqffj ^noco/puPontand^member
of the'"Entercement Subcommittee^ offered jtp. ;i
share tfie results1of her company's work in that
area. Ms. Hewell, however, observed that such
efforts do not reach people at Level 1 of literacy.
i mi i i i 11 i ii ill ii ii'
2.11 Debra Ramirez, MEAN, Mothers of
Mossville (MOM), Lake Charles,
Louisiana
Ms. Debra Ramirez, MEAN and President,
Mothers of Mossville (MOM), Lake Charles,
Louisiana, expressed her frustration with inaction
on the part of the NEJAC, EPA, and Louisiana
DEQ, pointing out that this was the third year in
which she had come before the NEJAC to request
its ass|starise, fp£ |h.e.. community of Mossville.
|§ee'"sections" 2.5 and 2.9 of this chapter for
:'||(i;ip'n"|l^jjimenjs about Mossville, Louisiana.)
••Jns.'"'. Hf fj^rez' stated that state and locial
|oVebrnrnehf agencies had failed to assist the
community because "government and industry
Ire in cahoots!" She added that the NEJAC also
u.^j^ffl^^^!ffi^>'tehialf and
l;^tife]2®!tl^l^!;?^®,99!Tlm'Mn'fyto
condBoni there "firsthand^ Continuing,
Ms. Ramirez stated that she had demonstrated
the "haze" caused by industrial .operations in the
community to members of the state legislature
Who had visited the area, but that no action had
resulted. Displaying an emergency planning
brochure that'""hid',"Ibeeri'"""distributed in the ..
community, she questioned the efficacy of the
instructions provided and the adequacy of the
evacuation route Behtified in the brochure. Ms.
Ramirez then quoted a t1991 letter in which a
citizen reported such problems as illness, falling
property values, and noise. Those problems
persist today, she pointed out, adding that local
Industries' promises of employment for members
of the community had gone unfulfilled, as well.
Ill ,1' ' , ,11(111' il i ii ' ' i
Mr. Turrentine noted that the Waste and Facility
Siting Subcommittee planned to discuss with the
several members of the Mossville community
recommendations for the "direction to be taken
with EPA" on the matter.
2.12 Greg Karras Communities for a Better
Environment, San Francisco, California
Mr. Greg Karras, Senior Scientist, Communities
for a Better Environment, San Francisco,
California, asked that the NEJAC take action on
the issue of dioxin contamination in the San
Francisco Bay. (See sections 2.1, 2.13, and 3.9
pf this chapter for related comments.) Mr. Karras
. pointed out that the Bay is the largest enclosed
estuary on the west coast of North America.
Although the Bay is not commercially fished, he
continued, thousands of individuals, fish the Bay
for food. Yet, he pointed out, dioxin levels found
in the tissue of fish taken from the Bay have
prompted health warnings advising limits on
..cpnjuijption of such fish. MrKarras stated,,that
govemrrieht authorities allow Chevron
Corporation, IES, and "two dozen more"
companies to pollute the Bay with dioxin. State
agencies, he declared, "tell people not to eat the
fish, but don't te|l polluters not to poison the fish."
Stating that releases of dioxin to the Bay are
violations of both the Clean Water Act (CWA) and
the Civil Rights Act of 1964, Mr. Karras asked that
the NEJAC make a commitment to two specific
actions:
• Request that EPA decide within two weeks
whether to reverse decisions made by state
agencies in matters related to releases of
dioxin to San Francisco Bay
Request that EPA revise standards for dioxin
levels in fish tissue to a level that is protective
of people who consume iarge quantities of
fish - for example, to "all the fish they can
legally catch" (current standards assume a
much lower level of consumption)
Mr. Turrentine assured Mr. Karras that the
appropriate subcommittee of the NEJAC would be
identified and charged with consideration of the
issue.
2.13 Henry Clark, West County Toxics
Coalition, Richmond, California
Mr;, Hlenry Clark, Director, West County Toxics
Coalition, noting that he also is a member of the
2-6
Oakland, California, May 31 and June 1,1998
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National Environmental Justice Advisory Council
Public Comment Period
Hazardous Materials Commission of Contra
Costa County, California and other bodies
involved in environmental issues, stated that the
NEJAC, as a body of "experienced community
people," should make its recommendations with
some sense of authority. If action on such
recommendations is not forthcoming, he
continued, the NEJAC should take issue with
EPA. Mr. Clark requested that the NEJAC begin
to make formal reports to the community on the
recommendations it makes and on EPA's
response to those recommendations. Noting that
his major concern is dioxin, particularly releases
from facilities operated by the Chevron
Corporation, Mr. Clark stated that companies
should be required to report emissions of dioxin to
the toxics Release Inventory (TRI), to which
facilities are required to report releases of
specified hazardous substances, and to limit-such
emissions. The Chevron Corporation, for
example, he continued, claims that it emits only
small amounts of dioxin and denies any
responsibility to address pollution. Such
corporate irresponsibility, Mr. Clark stated, is a
major environmental justice issue of utmost
priority in communities. He then stated that he
had appeared before regional and state water
boards to request that dioxin testing, be
performed, but that those bodies had refused to
take such action. Therefore, he said, he was
requesting that the NEJAC suggest'to EPA that
the agency take action on complaints filed under
Title VI of the Civil Rights Act of 1964. While the
agency awaits guidelines on Title VI, projects
continue to move through the permitting process,
.he pointed out. .Such projects should not
progress through that process, he stated, until
Title VI issues have been addressed. Mr. Clark
then repeated his request for action on complaints
filed under Title VI and on issues related to dioxin
contamination. (See sections 2.1,2.12, 3.9, and
4.9 of this chapter for related comments.)
After suggesting that Mr. Clark be invited to serve
on the NEJAC, Mr. Lee stated that, during
previous meetings, the NEJAC had discussed the
issues raised by Mr. Clark. Mr. Lee then
observed that there is a need for "assessment of
the NEJAC process to determine accountability."
He suggested that the NEJAC consider
developing a formal system for addressing issues
brought to its. attention. Mr. Damon P.
Whitehead, Lawyers' Committee for Civil Rights
Under Law and member of the Waste and Facility
Siting Subcommittee, then stated that it is difficult
to understand why EPA would find it necessary to
make a "decision" about enforcing the law. If
there is a violation of the CWA, he continued,
EPA should act. Ms. Vernice Miller,
Environmental Justice Initiative, Natural
Resources Defense Council and member of the
Waste and Facility Siting Subcommittee, then
stated that the political context in which such
issues arise affects their resolution. The politics
of the situation, she pointed out, .determines
whether the law will be enforced and action taken.
Ms. Miller suggested that the NEJAC as a body
should work to develop greater sophistication in
the area of bringing influence to bear on
politicians and bureaucrats.
2.14 Dana Lanza, Literacy for Environmental
Justice Project, San Francisco,
California
The principles of environmental justice, said Ms.
Dana Lanza, Literacy for Environmental Justice
Project, San Francisco, California, call for the
education of present and future generations in a
manner that emphasizes social and
environmental issues based on the experience
and appreciation of our diverse cultural
perspectives. Those principles, she said, are a
mandate to inform and prepare young people to
take an active interest in their environment, their
cultures, and ultimately their welfare and that of
their communities. If the environmental justice
movement is to effect change, she continued, it
must "move from a resistance mentality to one of
proaction." The movement must educate young
people about their fundamental rights as human
beings to clean air, land, and water; clean places
to work and play; and equal opportunities in
learning and employment, she said. Because
young people spend the majority of their time in
school, Ms. Lanza went on, the environmental
justice message must be brought into that
environment. . The school environment, she
noted, is an ideal place for young people to "learn
about human health, sustainable living, and civic
participation as it is related to the goals of
environmental justice." Ms.' Lanza then requested
that the NEJAC undertake environmental
education as a priority and suggested that the
NEJAG's former working group on the subject be
reestablished.
Ms. Sue Briggum, WMX Technologies, Inc. and
member of the Waste and Facility Siting
Subcommittee, asked Mr. Knox whether EPA
currently sponsors educational programs that
include environmental justice. Mr. Knox
Oakland, California, May 31 and June 1,1998
2-7
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Public Comment Period
National Environmental Justice Advisory Council
1,1,,,, IJiiiiillllEliJV'li.iii!.,:,!!!!'' iJiU""
liiTHtfiti'? i,- T^.r'i|VlJ!iiDllS&i^i i 9'[§n,! Er!°9ram under which middle
||:' I'|j;|':i' fw .|;'&ii^!i^Offil!^.'9':' school teachers formerly had
'rijning, but stated that there are no
5grafris of that type. He mentioned,
K-i.111'::' *:' Network, Marina, California
i f jii;,-! tltl'if' illii! : I jfliilli'MS'i llllllliU?1 ' i • > ' i' '' ' "• i '" '";1 "
Stone, Fort Ord Environmental
, Marina, California, described for the
Executive Council a number of environmental
problems associated with a landfill at Fort Ord,
California, a U.S. Army installation being closed
under the U.S. Department of Defense's (DoD)
Base Realignment and Closure (BRAC) Program.
A member of the installation's restoration advisory
board (RAB), Ms. Stone stated that there are
three housing areas in the v'icTtiity "of the landfill.
Materials containing lead from spent bullets had
been removed from a now-closed landfill at the
installation, she said, and had been placed in trie
new landfill, A group of homeless women
sheltered in one of the housing areas had not
been informed of the placement of those
materials, she continued. Students from a cpilege
that uses facilities at the site also had complained
that they had not been kept informed of such
actions, she added. In addition, members of the
community who wish to use the area for
gardening cannot do so because unexploded
ordnance (UXO) has not been cleaned up, Ms.
Stone said. She added further that the threat of
contamination of the community's drinking-water
well is of great concern in the community, stating
tftat the community had informed EPA of those
concerns. However, she said, the community,
populated primarily with people of color, has
difficulty obtaining reliable information about
issues related to cleanup activities at the
Installation. The community, she added, is not
Involved adequately, and the installation's
outreach efforts are limited, noting as well that
few people of color serve on the RAB.
•' • :" :;: •" v^fhen Ms^'.Storie added "that local people are not
,„",;;,,;«;;',:„:; tjgQ§fjt&n9. ,,from, jobs generated by cleanup and
ill^^tcioiieLeflsrls^at the. instillation, Mr. Turrentine
, !li ills! l/sn isii''" ;;V' ^ |Xpris|ed a deslre_to discuss,,such employment
'tSTOBw^/^Ji^i'^lffii.STJWitb Bej, '
:''i;*-iif;'V:;i^«
*,i,ii,i!,; "ii,, si" (i; i
2.16 Alex Lantsberg, Southeast Alliance for
Environmental Justice, Bayview-Hunters
Point (BVHP), San Francisco, California
Mr. Alex Lantsberg, Southeast Alliance for
Environmental Justice, Bayview-Hunters Point
San Francisco, California, staled .fiat
'gV current efforts to address issues of
disproportionate burden related to the siting of
faglities, pollution, and contamination have
brought an underlying problem to light. That
problem, he said, is that current centralized
approaches to managing the generation and
treatment of waste place undue burdens on some
communities, while relieving others of their share
of that burden. Because that problem "goes to
the heart of finding real solutions to environmental
injustice," declared Mr. Lantsberg, it must be
addressed. He cited as an example the city of
San Francisco's wastewater treatment system; his
community, he said, comprises only 5 percent of
the city's population, but must handle 80 percent
of its wastewater burden. Because the system is
a combined one that handles both sewage and
stormwater, he added, overflows occur regularly.
(See also Section 4.5 of this chapter for additional
disGUssipn of the BVHP community.) Citing the
generation of electricity as another example, Mr.
Lantsberg then stated that BVHP houses the
city's two largest point sources of pollution, the
Hunters Point and Potrero power plants. The
plants, he said, supply some 50 percent of the
city's electricity and release more than 2,000 tons
of particulate emissions into the air each year.
Mr, Lantsberg stated that the community believes
such pollution contributes to its asthma rate,
which is four times the average for the state.
Mr. Lantsberg then stated that "real solutions"
would not merely redistribute the burden, but
would seek to develop processes that reduce that
burden for all people. EPA, he said, "must do
what it can to encourage decentralized systems
that make use of society's current knowledge of
natural systems and discourage further
construction of traditional engineered solutions."
Each neighborhood, he continued, should
become responsible for dealing with its own
waste and meeting its own needs. He called for
the development of "microgeneration options
such as fuel and solar cells" that he said could be
. sited rnore eguitably, than, traditional facilities .and
I ^uggesieci 'further that implementation of such
Captions should be encouraged through
regulations or creative incentives. The
decentralized approaches he advocates, said Mr.
2-$.
Oakland, California, May 31 and June 1,1998
h:||^ i! wv®,™¥fiB
'fimf&liSmwa&iSA'iftiSl
ijiiiiiiiiiu'iijii iii ii
-------
National Environmental Justice Advisory Council
Public Comment Period
Lantsberg, would make such goals as reduction
in consumption and recycling of waste more
attractive and would help ensure that, as today's
environmental justice communities are cleaned
up and revitalized, no new environmental justice
communities are created. "Our mutual goal," he
concluded, "should be not just elimination of the
injustices of the past, but creation of models that
wil| truly further equity and fairness in municipal
planning decisions."
2.17 Maricela Mares, People for Clean Air and
Water, Kettleman City, California
Ms. Maricela Mares, People for Clean Air and
Water, Kettleman City, California, described for
the Executive Council her community's six-year
battle against the siting of an incinerator in the
vicinity of the community. (See section 2.18 of
this chapter for a related comment.) Ms. Mares
stated that the successful battle against
construction of the facility proposed by Chemical
Waste Management, Inc. (CWM) had been won
by the people, rather than the government. When
they began the effort, she continued, the
members of her community had encountered
discrimination, adding that their experience
demonstrates the need for such Jegislation as
Title VI. Ms. Mares then explained that, in 1994,
the community had filed a complaint under Title VI
to halt development of a municipal dump in the
area. She pointed out, however, that the issue
had not yet been resolved. EPA, she added, had
provided the community no protection and had
failed to meet deadlines for response tp the
complaint, which she said the agency should
have provided in January 1996. "If EPA does not
start protecting people," she concluded, "it should
be abolished."
Mr. Luke Cole, Center on Race, Poverty, and the
Environment, California Rural Legal Assistance
Foundation, and member of the Enforcement
Subcommittee, commended Ms. Mares "as an
activist, a teacher, and a mother." Ms. Margaret
L. Williams, Citizens Against Toxic Exposure and
member of the Health, and Research
Subcommittee, then expressed her agreement
with Ms. Mares that the people must fight for
themselves. In her own community, she said,
people had been elated to learn that they were to
be relocated because of exposure to
contaminants, but they soon found they were not
being offered fair value for their property. Ms.
Williams contrasted the relocation of her
community with'that carried out in a wealthy
neighborhood, where people were treated much
more equitably.
2.18 Maricela Alatorre, El Pueblo Para El Aire
y Agua Limpio, Kettleman City,
California
Ms. Maricela Alatorre, El Pueblo Para El Aire y
Agua Limpio, Kettleman City, California, charged
that CWM illegally accepts PCBs for disposal at
its Kettleman Hills Facility, a landfill operation
located in her community. (See section 2.17 of
this chapter for a related comment.) Ms. Alatorre
stated that CWM had continued to accept such
waste after its permits to do so, issued under the
Toxic Substances Control Act (TSCA), had
"expired. The Center on Race, Poverty, & the
Environment, California Rural Legal Assistance
Foundation, acting on behalf of the community,
had asked EPA to request that CWM cease to
accept PCB waste, she continued. However, she
said, EPA had responded months,later that CWM
had applied six months in advance for renewal of
the permits in question. EPA took the position,
she added, that approvals for CWM to accept the
waste remained in effect and that CWM is not in
violation of TSCA, as the community maintains.
Ms. Alatorre stated that the community believes
that CWM did not file a timely application for
permit renewal. 'The company, she continued,
routinely fails to do .so, then requests permit
extensions; thereby stretching out the life of the
permits. The community, she noted, therefore is
left with no knowledge of or influence on such
extensions, which, she added; EPA grants
routinely. Her community, she concluded, asks
that EPA take seriously its commitment to
environmental justice and ensure that no PCBs
are accepted at the CWM facility and further that
EPA fulfill its responsibilities under Executive
Order 1289&on Environmental Justice to ensure
that communities are not excluded from the
agency's decision-making processes. Ms.
Alatorre submitted for the record copies of
correspondence related tp the issue.
2.19 Harold Logwood, Oakland/East Bay
Minority Business Opportunity
Committee, Oakland, California
Mr. Harold Logwood, Oakland/East Bay Minority
Business Opportunity Committee, Oakland
California, first welcomed the members of the
NEJAC to Oakland, characterizing it as an active
and aggressive city, and mentioned some of the
environmental education efforts, underway in the
Oakland, California, May 31 and June 1,1998
2-9
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•'ffl^^^'ffi^JW^1';11^;^1^^^:^!!1;1^^1
•bjic'Comment Period -
...... !^^ ..... I1?1" ............. '
National Environmental Justice Advisory Council
^ 'i'^
He then^stated that he is a member of
iiveral f^g1^ bodies formed at military
installations to provide citizens a means of
Involvement in the cleanup of bases, particularly
;thjDS£ being closed under the BRAG program. Mr.
logwood" aiscrlEed trie delay caused by
bureaucracy at local, state, and federal agencies
In cleaning up such facilities. On the various
RABsl
lillli1 (" Hi JilMIll' 1!
he serves, he pointed out, he and
other citizens attempt to represent communities,
but much time is spent in debate between federal
grid stgte agencies. For example, Mr. Logwood
continued_a|^e^~s3,",a'disagreement between
EPA and the DoD pver the applicable standards
for levels of lead contamination has delayed
cleanup. Agencies on all levels instead must
^lliJojjether for.the benefit of pur communities^
;: fie ialcf in 'concfuslgru
Tj]gi,ise£tignii§ur|jr|grrzes the comments offeredjo
tlg""Execu|jvg" Council of the NEJAC during the
publiccomrnent period conducted on the
afternoon of June 1, 1998, along with the
flflsitjpns, responses, and discussipns. those..
i^JQ^l^^prprni^ed1 among "the members of the
iciu'lyi"Coun,pil
I: H'l'ii"1 I1 iiiiJiiiiki
I II III VI I
jre the presentations began, Mr. Cole, at the
reqdest of the chair, pffiered intrpductpry remarks.
Mr, Cole welcomed ail participants, on behalf of
•himself and, Mr. Arnpldp Garcia, Development
Director; urban Habitat Program, Oakland,
California and member of the International
Subcommittee, as residents of the Bay Area. Mr.
••Cole, then remarked that, among the
"Snylronrnental issues, th,at,,,affec|. California, one
that often is overjgp^edis smog. Smog in the Los
Afigeies basin and the San Joaquin Valley, he
said, disproportionately affects people of color.
Wjr. Cole identified other e||yjE0,njej3fa| justice
issues in California, specifically the"state's three
toxic waste dumps, all located in communities
populated by migrant farm workers, and the jjES
incinerator discussed during the previous day's
publb comment period (see Section 2.1 and 2.12
of this chapter for a summary of the comments.)
Mr. .Cole.stated[.that.100 percent of toxic waste in
the state is dumped in communities of color and
noted that half of the pesticides used in California
are fgrrrjulated in Richmond, a community of
co(p£a Decrying the lack of enforcement in
communities of color on the part of state..
agencies^Mr. Cole pointed out that during a
recent...study, the Los Angeles County Agriculture
Commissioner had levied more fines for violations
of regulations governing pesticides than had all
eight San Joaquin Valley commissioners together.
The state of California, he concluded, has "an
amazing array of hazards — environmental and
political - and an amazing array of activists, both
national figures and citizens of local
communities." , . ,
Comments are summarized below in the order in
which they were offered.
3.1 Mr. Robert Kuehn, Tulane University Law
School, New Orleans, Louisiana
.Mr...Robgrt Kuehn, Tulane University Law School,
New, Orleans, Louisiana, first stated that he
teaches environmental law at Tulane and that he
,,,,,,is trjedirector of the Tulane Environmental Law
Clinic. pMr. Kuehn then turned his attention,,, to .thg
iai of the Shintech Corporation to locate a
cftgrnicgl..facility in the vicinity of the community of
Convent, Louisiana, where the population is
comprised of 83 percent people of color. (See
sections 3.2 and 4.5 of this chapter for related
comments.) Illustrating his remarks with a series
of slides showing the high levels of toxic releases
to air in the area of Convent and in St. James
it"IHIJ;ji'i'li ' ||| f/^ ;iii|ii|i«miruuii ,|in:i:nr v uiipiiiiillllr!i ii 4 »! h, '.ml I,rHM w, ivi>, ii'" v, ' >f .'' n. "*
!1'';$!^P&ns.n«..in which the community is located, Mr
Kuehn emphasized that the 10 plants already
located in the area emit some 16 million pounds
of toxic chemicals per year. The Shintech facility,
he continued, would add to that total from
150,000 to 500,000 pounds per year, from a
location within two miles of schools in the
Convent area. Addressing the claim that
industries such as Shintech bring jobs to the
community, Mr. Kuehn stated that chemical plants
require skills that few members of the local
community possess. He pointed out that
Shintech had made no promises to hire local
residents and noted as well that chemical plants
historically have not hired local residents.
Louisiana, he declared, is not benefiting from
bringing in such industries. "I have no doubt"
concluded Mr. Kuehn, "that, across America,
there are other communities equally
overburdened and under served." Reminding the
members that the community had filed a
complaint under Title VI, Mr. Kuehn urged that the
NEJAC press EPA to find a violation of Title VI in
the case.
In response to a question posed by a member of
. the. Executive CpuncilKi,Mr. Kuehn .explained that
2-10
Oakland, California, May 31 and June 1,1998
tv-"^
II
I I "Si
. • I
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National Environmental Justice Advisory Council
Public Comment Period
the releases about which he is concerned usually
are fugitive emissions and releases from .faulty
valves and other equipment, rather than stack
emissions. In Convent, he added, "in the early
morning and the evening, you can taste the
pollution as a metallic taste on the back of your
tongue." Ms. Briggum then asked whether Mr.
Kuehn had been able to obtain data other than
data from the TRI. Mr. Kuehn responded that he
could not do so; the problem, he stated, is lack-of
reliable data on non-TRI emissions.
Ms. Rosa Franklin, Washington State Senate and
member of the Health and Research.
Subcommittee then observed that the residents of
Convent had made a "compelling" presentation at
the December 1997 meeting of the NEJAC.
Because many lives are affected by the situation,
she said, the NEJAC must continue to pursue the
issue.
Ms. Cuykendall invited Mr. Kuehn to make his
presentation at a meeting of the Star.Enterprise
plant's community advisory panel (CAP). She
noted that the 30-year-old plant, a relatively
modem facility, has been reducing emissions and
that her company has been buying land to move
people out of the vicinity of the plant. She
suggested that her company would welcome Mr.
Kuehn's advice on was to avoid the types of
conditions he had described. Mr. Kuehn agreed
to attend such a meeting.
3.2 Beverly Wright, Deep South Center for
Justice, Xavier University, New Orleans,
Louisiana
Ms. Beverly Wright, Director, Deep South Center
for Justice, Xavier University, New Orleans,
•Louisiana, first responded to a report prepared by
EPA Region 6 that described the activities of that
office. The report, Ms. Wright said, "is a distortion
of the university's role" in youth employment
efforts. Although the report indicates the
university had been involved in training young
people to work on a particular cleanup project, the
university had never trained youth to work at
specific sites, she stated. Because the
community had filed suit to stop the particular
cleanup action, Ms. Wright pointed out, allowing
young people to work on the project would "pit
them against their community." Ms. Wright then
asked for a retraction of the report in question.
Ms. Wright then explained that the Deep South
Center for Justice had been collecting data on the
Mississippi River chemical corridor for five years
and had identified a pattern of discrimination in
nine counties within the corridor. Plants, she
continued, are congregated in areas in which the
populations are predominantly black. Further, -
Ms. Wright pointed out, although the population of
the community in which Shintech proposes to
locate its facility is more than 80 percent black,'
official population statistics indicate that the
population there is 50 percent black and 49
percent white. Ms. Wright then reported that staff
of the center had traveled to St. James Parish to
map the population patterns and resolve such
discrepancies. Their firsthand observations, she
continued, had demonstrated overwhelmingly that
facilities that emit high levels of toxic pollutants
are located in or adjacent to black communities.
As an example, she described a sugar refinery
located in an affluent white community for which
250 pounds per year of TRI emissions were
reported, comparing that facility with six plants in
black communities that are responsible -for
millions of pounds of TRI emissions. It is'a "joke,"
she stated, when EPA maintains that population
demographics do not support claims of
discrimination. "There is discrimination staring
straight in your face," she concluded. (See
sections 3.1 and 4.5 of'this chapter for related
comments.)
Ms. Miller then described an occasion on which
she had served on a panel with an attorney .for
Louisiana DEQ. The attorney, she said, had
made statements which she knew to be untrue.
Addressing her question to both Ms. Wright and
Mr. Kuehn, Ms. Miller asked how they handle
discourse with the state under such
circumstances and how EPA can mitigate the
situation when the agency is dealing not with the
substance of the problem, but with politics.
Describing specific incidents during their trip to
the parish in which she said the center staff were
subjected to harassment and attempts at
intimidation, Ms. Wright responded that Louisiana
DEQ had implied repeatedly that representatives
of the center were engaging in illegal activity.
Louisiana DEQ, she said, had made no effort to
work with them. Further, she added, EPA
continues to gather data on the issue, when
existing data are convincing and all new data
confirm the center's position.
Noting that he recently had visited the Convent
area, Mr. Thomas Goldtooth, Indigenous
Environmental Network and sitting on the council
Oakland, California, May 31 and June 1,1998
2-11
-------
I -t.'
''iHiiiK "si ;li ' :liiiiiiii;i:!i ....... ISi il* si* ..... . ii :<1
11 '1%,' ;> Mi ,i"ii ,!i*lt •.j fs,'-: S ;.f *.'. !*n '• ?; •' :;SiiWli- "i-'1 <
, \, ' jsjijjji jSl'iiiijjji .Jiifci;. .;,;! •
...... If 'itiji i, * ijijll't;'1! . >', ,;!Si;J«:'f 'i; %!(|;S;' ,'t1 ,.'W!. (« '!» Ji
National Environmental Justice Advisory Council
h/yili.-'
51ft
.Mar
- !ii:r' i.;!:1'!:,!! hjif< jj, TIB w • Bgt(; *««:= ;*g*;;i -«"*•;. £ |;, ;••'»;; •' «:•: &&.'•. i;£ i :,'',;
'•'•^S'proty'fOTMr. James ...Hill,.. Wamath Tribe, and
'™Sf^EistiSl§nGd'9^9y.? P?°P'e's Subcommittee,
i;-. l||afecj [ Mfl ig ,,hgd "=jjeen appalled by citizens'
;";[repp'rts"-of "the""high incidence of asthma _ in_ the
^,_g_igH_ --y"^——5g"r" of young people being
•.'Litr^BdAMHi sterqids.. "Tn.®y ^?'!^ ^'3°uUrieii"fears
::': ^afpepiple^vwirdi^* he said, "and worry about the
:- llutyJB'/^rffieiL^jIgliea.," Mr ...Goldtooth then
declared that the situation in Convent is a
by the state of
if''..!.'.!.*:!!'!,,, (
I!',,!1 Ill ulnlir1'! .iifi!!:..!"1" .'V
;,,'sill.::';'!;'5 = .'!; :|!"'i, »i "f. a---
3.3 Robert D. Bullard, Environmental Justice
Resource Center, Clark Atlanta University,
•jj£:^ Atlanta, Georgia
liiilV III II III I llllllll III I I III II ! "
Mr. Robert D, Bullard, Environmental Justice
(Sgnter, Clark Atlanta University,
Georgia, observed that, despite
significant improvements in environmental
protections over the past several decades, "too
Jhatiy families and children, from West Oakland to
West Harlem, from the South Bronx to North
11 IF A!'I'!;.1 ,. f Sl'i. 1'
II III I I
iiiiiii.Hiii'k i am i
to live in unsafe and „
physical environments." Lead
poisoning, Mr. Bullard continued, remains the
number one envirpnrnental health threat to
Jgtatisics gathered in July 1994
IS ., ,3SM, iiliillTisii?,,, ln,d,. N,MMion..
flajon JNHANES III) that demonstrate that,
If every income level, African American children
suffer from lead poisoning at more than twice the
rate among Caucasian children. Further, he
g^{^"-goi^^ljQo"flyg^jjjjon children under
age 18 suffer from asthma, the most common
chronic disease among children. Rates of
hospitalization and mortality attributable to
asthma, he said, exhibit wide ngpjal differences,
with African .Americans two to tine, times more
likely than whites to die of the illness or to be
i' hospitalized"' because^ of it. Mr. Bullard ....then
observMffiil poiiutidn from heavy traffic on the
freeways that abound in urban communities of
color is a major contributor to the rising incidence
of asthma in those communities, citing ground-
level ozone pollution in Atlanta as one example.
Declaring that "the current environmental
protection apparatus is broken and needs to be
fixed," Mr. Bullard contrasted with the
environmental justice framework the current
system that, among other problems,
instihjfipnalizes unequal enforcement, places the
of proof on the victims of pollution,
ullll '. iiinlliiiii!^ nil IK1 ill ~, '" ~ '
legitimatizes the exposure of individuals to
M,,' 3 11,;,! i,;:],.;,, a,;;,! f.rilTJf,:,:." !-, ti- ..ii-jii'l'!.;.:;?'*'.!'' • :,\'Vt-f\ ••>'<.^«\ ;«j':J;
hazardous substances, and fails to emphasize
pollution prevention.
Mr. Bullard then described the following
characteristics of the environmental justice
framework: '
Incorporates the principle of the "right" of all
individuals to be protected from
environmental degradation
„. : ,;|i; i;;{,;;,!( Ifc'^^^^ ^WlJ.Wfl'.':!:» •') ^"'i'& ':."; "ff "K ii;
-------
National Environmental Justice Advisory Council
Public Comment Period
• Expansion by EPA of the targeting of
resources, monitoring of activities, and
enforcement of regulations related to air
pollution, including more effective scrutiny of
road-buildin'g programs, especially in areas
identified as nonattainment regions under
NEPA
Mr. Bullard recommended further that the NEJAC
adopt a role as a vehicle for articulating
environmental and economic justice issues within
the global warming dialogue.
In conclusion, Mr. Buliard emphasized that
environmental racism and environmental injustice
"are real and must be dealt with. We have to act
now," he declared. "The solution to
environmental injustice lies in the realm of equal
protection of all individuals, groups, and
communities. That is the right and just thing to
do."
Noting Mr. BuIIard's indictment of vehicular traffic
as a major source of air pollution in communities
of color, Ms. Ramos observed that Congress
recently had approved significant funding for'
highway construction. The Administration, she
suggested, should demand that the U.S.
Department of Transportation (DOT) take issues
of environmental justice into account when
allocating those funds to projects. Mr. Steven A.
Herman, Assistant Administrator, EPA Office of
Enforcement and Compliance Assurance,
responded that the Administration is seeking
funds for that purpose.
3.4 Danny Kennedy, Project Underground,
Berkeley, California
Mr. ^Danny Kennedy, Project Underground,
'^Berkeley, California, discussed the California
Gold Rush as an environmental justice issue,
pointing out that the events of that period had a
disproportionate and disastrous effect on Native
Americans and Chinese immigrants. Citing
Project Underground's publication Gold, Greed
and Genocide, copies of which he submitted for
the record, Mr. Kennedy stated that the legacy of
• the Gold Rush is one of California's most pressing
environmental issues. Contamination from
mining operations continues to threaten the lives
of Native Americans, he said, adding that there
are no plans to clean up such problems as the
100 tons of mercury dumped in Clear Lake,
California. Mr. Kennedy asked that EPA account
for such contamination and further that EPA
consider gold mining as threat to Native
Americans. See Section 3.5 for an additional
comment on this topic.
3.5 Chris Peters, Seventh Generation Fund,
Arcata, California
Mr. Chris Peters, Seventh Generation .Fund,
Arcata, California, reemphasized points made by
Mr. Kennedy. Mr. Peters stated that California's
plan to celebrate the Gold Rush is an insult to
indigenous peoples. He asked that the NEJAC
encourage the state of California to apologize for
the 40 years of genocide that marked the era.
The attitude established at the time, he said,
continues today and expands to timber, water,
and other resources, as well. Mr. Peters asked
that the NEJAC support his and other
organizations' efforts to "stop the celebration
mentality."
3.6 Monique Harden, Earthjustice Legal
Defense Fund, New Orleans, Louisiana
Ms. Monique Harden, Attorney/Community
Liaison Director, Earthjustice Legal Defense
Fund, New Orleans, Louisiana, stated that she
wished to bring to the attention of the NEJAC,
information about a federal agency judgment that
denied a hazardous facility license on grounds of
environmental justice. The decision, she said,
sets a precedent for the application of Executive
Order 12898 in decisions about granting permits.
Reviewing the case in question, Ms. Harden
stated that, in 1989, an international consortium of
nuclear energy producers had proposed the siting
of a uranium enrichment facility in northern
Louisiana. The consortium, Louisiana Energy
Services (LES), she continued, planned to locate
the facility, which was to store more than 100,000
tons of radioactive,, toxic waste, in the vicinity of
two African American communities. Residents of
the communities formed the organization Citizens
Against Nuclear Trash (CANT) and requested the
assistance of 'Earthjustice in opposing the
construction of the facility. In the licensing
proceeding before the U.S. Nuclear Regulatory
Commission (NRC), . said Ms. Harden, the
opponents had raised numerous challenges to the
LES application, including specific environmental
justice challenges based on racial bias evident in
the selection of the proposed site of the facility
and the need to address the significant negative
effects the proposed facility would have on
neighboring communities. In the end, she
reported, NRC denied the license on the basis of
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Executive Order 12898 and the requirements of
- NEPA. ...... NRC had ..... concluded,,, she explained, that
there was evidence of racial bias in the siting
decision and that "disparate" effects on the
communities involved had oot be identified,
' assessed, or mitigated sufficiently. Ultimately,
jSPr?HIEid' upon ""losing its appeal of the
ecision, LES withdrew its application. The case,
emphasized Ms. Harden, made NRC "the first
fedeial agency to uphold an environmental justice
argument against permitting a hazardous facility"
and stated further that NRC "broke new ground"
.'IJn ,jjts ....... sjatem.e.pt ........ on,, the ..... case, which declared it
!ffllS^"sP?!!"'3p ''Jen|fy and adequately weigh
effects on low-income and minority communities
;[|hjt,bfj^0]e_apparent only when factors particular
Hi1!'*1 II"
. i:,:!!,:,,;
Stating that such should be the goal of EPA as
;jjj(eljs Ms. .Harden, pointed out that, in contrast,
EPA had excluded considerations of
Invlrpnmental justice when making its decision
[pri"afpetftkm under CAA to revoke, permits issued
lo the Shintech Corporation, instead, she stated,
pPA had left such concerns, which had been
raised in the petition, to the state, which, she said,
"Is"biasedInfavor of Shintech." Ms. Harden then
r^'STat^ojj.e^the.requJrements of CAA
ipgider gf jjje, ,,consequences" of increased
; pollution "before a permit decision is made. In
ie sTHntech case, she continued, such
1 in ,, • [ii,; III -nil, • i;, ;,II • 1 i"! ! '""'"' f " ?_' '' '• : " : "
consequences include significant increases in
pollution and related health problems in the
community of Convent, Louisiana, The NEJAC,
she pointed out, also had adopted a resolution
that outlined the environmental justice issues that
EPA should consider in making its decision about
the permit for the proposed Shintech facility.
Igstgad, she said, EPA had undertaken no such
consideration, but had raised technical objections
to the permit. Given the precedent-setting
decision of the NRC, which was the result of "nine
coh'Buded^ EPA (^nnot "Set back the clock by
excluding environmental justice from its
.illh'i 1,11. ilU/'I'f! *T •*
3.7 Melanie Mitsne Okamoto, Political Ecology
Group (PEG), San Francisco, California
Stating that the focus of her organization is
.; Immigration and the environment, Ms. Melanie
Mitsue QJcamotp, Campaign Organizer, Political
Ecology Group (PEG), San Francisco, California,
told the Executive Council that immigrants are
subject disproportionately to exposure to toxic
substances and unsafe conditions at home and at
school in their food. She noted that children of
color, predomilately Latino children, are subject to
the "highest levels of exposure" to methyl
bormide. Further, Ms. Okamato continued,
immigrants often are not protected adequately
and equally under the law. Finally, she stated,
immigrants are subject to threats, intimidation,
and scapegoating. If a migrant worker brings up
health concerns, she stated as a example, she
might be threatened with deportation or the loss
of her job. Immigrants, Ms. Okamato pointed out,
often are blamed for the nation's environmental
problems, with claims put forth that immigration
causes population growth to outstrip our
resources. In recent years, Ms. Okamato
co{itinuedjii ..... .............. "right-wing campaigns" have
attempted to reverse gains made in the areas of
human services, civil rights, environmental health,
and worker protection. Those campaigns, she
said, have brought about anti-welfare, anti-
immigrant, and anti-affirmative action legislation.
Ms. Okamoto then stated that the anti-immigrant
groups have recruited environmentalists to
support moratoria on immigration,, the
strengthening of deportation efforts, the denial of
amnesty, due process for refugees, and social
services to immigrants. She mentioned
specifically the unsuccessful attempt of anti-
jmmigrant groups to recruit the Sierra Club to
support anti-immigrant measures, noting that the
pressure of such groups continues on that
organization.
Ms. Okamoto asked that the NEJAC take steps to
establish its formal opposition to scapegoating in
the identification and mitigation of environmental
problems that affect immigrants and that the
NEJAC voice opposition as well to the
"militarization" of the U.S. border with Mexico.
3.8 Renee Morrison, Chester Block
Association, Oakland, California
Club
Ms. Renee Morrison, Chester Block Club
Association, Oakland, California, stated her West
Oakland community suffers from the ill effects of
pollution originating from the DC Metals
Superfund Site, the location of a former chemical
plant that operated for some 37 years without a
permit, she said. Ms. Morrison explained further
that a freeway reconstructed after being damaged
in the earthquake of 1989 had been sited within
the area of the contaminant plume from the plant.
Construction activities, she pointed out, had
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National Environmental Justice Advisory Council
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exacerbated the problem. Her community, she
reported, fears that efforts to address the
contamination will be ineffective, citing a similar
case in East Oakland in which the contaminated
area was capped, but "the contamination bubbled
up anyway." Ms. Morrison added that, although
there is a pump-and-treat system in place in the
contaminated area in West Oakland, blood levels
of lead detected in the children of the community
remain high. She then expressed the
community's apprehension about whether the
treatment in place will continue "when EPA's
money runs out in September."
Ms. Morrison then requested that the NEJAC
undertake an effort to determine what action will
be taken when that circumstance arises and
suggested further that, rather than continue with
the pump-and-treat approach, EPA "clean it all
up." Ms. Morrison also mentioned that the
California Department of Transportation
(CalTrans) plans to develop a park in the area
and stated that, because of the high levels of
contamination present at the site, such a park
' would be "dangerous."
Ms. Lillian Kawasakj, Environmental Affairs
Department, City of Los Angeles, California and
member of the Waste and Facility Siting
Subcommittee, asked why, if DC Metals had been
identified as the party responsible for the,
contamination, funds for completion of the
cleanup effort would not be forthcoming. In
response, Ms. Morrison recited a complicated
history of ownership of the site, which she said
DTSC had purchased from Amoco Corporation.
The site, she added, purportedly had operated in
recent years as a recycling center, but, she
declared, in reality it was being used to dismantle
junked vehicles. Those who conducted that
operation, Ms. Morrison suggested, should be
held responsible. .
When Ms. Kawasaki suggested that the matter be
referred to the appropriate subcommittee of the
NEJAC, Mr. Turrentine agreed that such action
would be taken. He then assured Ms. Morrison
that the subcommittee would be in contact with
her to explore the issue further.
3.9 Bradley Angel, GreenAction,
Francisco, California
San
Mr. Bradley Angel, GreenAction, San Francisco,
California, Charged that state agencies in
California are "in bed with the polluters." Further,
despite clear evidence of patterns of
discrimination, he continued, EPA has failed to
enforce the provisions of Title VI. Enumerating
several examples, Mr. Angel stated that all three
of the state's toxic waste dumps are located in
communities of Spanish-speaking residents and
that the state's only medical waste incinerator is
located in a community of color, as well.. Those
cases, he said, are clear violations of Title VI.
State agencies routinely fail to hold public
hearings in such cases, he added. In the case of
the incinerator, Mr. Angel continued, two of the
three hearing officers making the decision about
the permit were "on the payroll of the parent
company of the incinerator operator." Further, Mr.
Angel stated, in the case of the nuclear waste
dump proposed for lands in Ward Valley,
California that are sacred to Native Americans,
neither EPA nor other responsible agencies had
taken action on the basis of Title VI. Although the
NEJAC had recognized the opposition of the
Colorado River Native Nations Alliance to the
Ward Valley proposal, no action had been taken,
he said. In response to that circumstance, Mr.
Arigel continued, the elders of the tribes opposed
to the project are occupying the area and have
halted the project. In conclusion, Mr. Angel asked
that the NEJAC urge EPA to "uphold federal civil
rights laws." (See sections 2.1, 2.3, 2.12, 2.13,
3.17, 3.18, 3.19, and 4.19 of this chapter for
related comments.)
Ms. Ramos expressed her astonishment that
California agencies refuse to hold public hearings.
Communities, she pointed out should be involved
throughout the permitting process, starting from
the scoping stage.
3.10 Donald R. Brown, Communities for a
Better Environment, San Francisco,
California
First reviewing his years of experience as an
activist in the civil rights movement, Mr. Donald R.
Brown, Executive Director, Communities for a
Better Environment, San Francisco, California,
described for the Executive Council his view of
the need for a nationwide and global
'environmental justice network. America, he said,
is and will continue to be a land of diversity. We
should build on that diversity, he added, because
"we are here for humankind." The planet is
devastated, said Mr. Brown; consequently the
people of the world must "build a bridge and an
alliance" to struggle to create a global
environmental network, he continued. As an
Oakland, California, May 31 and June 1,1998
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National Environmental Justice Advisory Council
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example of that need, Mr. Brown described a
case in Which Unocal Corporation "made a deal"
snldjgtajorship of Burnia (now known
|.'""The corporation therefore jent its
Flo fie' dictatorship, he said. To counter
} Mr. Brown, those involved,
justice movement should
ji;*: i™™*™. i;i;i::t:;,:';;:1:J4 > Peboran RPb'n.liI> ix,?Hu.!'v.e,,,PJr®5lP.r>
! !" il" ' :' ' '"''"' *""'"-'"International 'pbislbilities Unlimited,
i, D.C.
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Ms. Deborah Robinson, Executive Director,
iDtgrjiitiorial Possibilities Unlimited (IPU),
J/VasJiipgton, D.C,, stated that her organization is
rdedicated to working with African Americans to
':3gejg|) a cntica!"" perspective on international '
'*Ssues arid to ""Understand the link between local
v"|)roBIems arid global processes. , jpO's first.
{project"she continued, is African Americans for
Justice in Nigeria. Among the focuses of that
project, she said, are the enyirpnrnental
devasStibh in Nigeria and the links between that
issue and environmental justice in this country.
Some of the same corporations are involved in
both countries, she pointed out Stating that there
Is a direct relationship between the increasing
globalization of* the economy and environmental
degradation worldwide, Ms. Robinson pointed out
fat, in .njany glaces in^fte world where people of
^ ^—„,__ _ 0): jn5jgenous peoples live oil,
minerals, and Jmter are extractedpr harvested in
ways that devastate ecpsystems^and destroy the
cultures'i^liivififioo^pTlKe'peopie. Waste
from both high-' and iow-technbiogy industries, ,
much of it toxic, has polluted groundwater, soil,
and the atmosphere, she added.
Mobil Corporation conduct their operations in the
United States with similar disregard for the
environment and human health, citing numerous
examples of operations of those corporations that
have cpoMminated the communities of people of
cojoi throughout the nation. Members of the
NEJAC had visited Chevron sites in the Oakland
area, she pointed out, during the site tour of
environmental justice sites conducted as part of
the current meeting of the N Ms. Robinson
concluded her presentation by reporting that the
Healthy and Sustainable Communities,,,,
Conference, sponsored by the Environmental
Justice Resource Center and held in Atlanta,
Georgia in March 1997, had adopted a series of
recommendations related to the environmental
devastation affecting Nigeria's minority
populations. Ms. Robinson then asked that the
NEJAC: ' '. '
Determine in what countries of Africa other
than South Africa that EPA's Office of
International Activities (OIA) conducts
programs and what percentage of OlA's
international programs and resources are
directed to programs in Africa
Discuss in the International Subcommittee the
issue of Nigeria, make appropriate
recommendations to OIA related to
environmental justice in Nigeria, and
generally expand the work of the
subcommittee work in Africa
3.12 Peggy Saika, Asian Pacific
Environmental Network, Oakland,
California
Ms. Robinson then described the environmental
Mfects of the operations of Nigeria's petroleum
!:-:jgd!ystry1 which produces the country's single
^export commodity^ For example, she said, the
yiger Delta, home to many of the country's
minority groups, is considered one of the most
endangered habitats in fte worid_b_ecaus_e of the
petroleum Opej.g|jons earned but there. She
described numerous cases p| oil spills and
dumping of oil and discussed the environmental
3nd health threats posed by "the" gas flares that
arg a, rpujine„ part of the industry's operations.
The environmental justice movement that arose
in response to such pollution, she continued.,, was
repressed violently by thei regime in power. Ms.
Robinson then stated that such corporations as'
Shell Oil Company, Chevron Corporation, and
.After expressing her thanks as a member of the
local community to all who had participated in the
NEJAC's site tour of local environmental justice
sites, Ms. Peggy Saika, Asian Pacific
Environmental Network, Oakland, California,
reminded the members of the Executive Council
of the purpose of such tours. The experience,
She said, establishes the context for the public
comment period. Leadership and involvement on
the part of members of the local community are
keys to the success of such an effort, she said.
Citing the comments offered earlier by Mr.
Bullard, Ms. Saika then stated that there should
be no debate about environmental racism. It is
time to take action, she said. Every issue that
arises should be followed up, she continued.
Noting that Executive Order 12898 was meant to
"open up" all federal agencies and programs, Ms.
!:"!'!!:'" '<.n«i|i I [ fl ill». i VKW • f, ?"li!: ":'i
2-16
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Oakland, California, May 31 and June 1, 1998
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National Environmental Justice Advisory Council
Public Comment Period
Saika called for an examination of the barriers to
community involvement that persist. Other
agencies should make forums like the NEJAC
available to the public, she suggested,
characterizing her vision as that of a
"collaboration for progress." Ms. Saika then
expressed her gratification at the NEJAC's
presence in the Bay Area. "In its beauty, in its
diversity," she concluded, "we create a model for
moving forward together."
3.13 Vincent Feliz, Seventh Generation Fund,
Arcata, California
Mr. Vincent Feliz, Special Projects Coordinator,
Seventh Generation Fund, Arcata, California,
addressed the issue of sacred sites. To
indigenous peoples, he said, such sites, which
have been part of those peoples' spiritual life for
thousands of years, have th'e same spiritual value
that churches have for other people. "Native
people are in the back," he stated, "our issues are
not being heard." Mr. Feliz cited several cases in
California in which, he said, the Catholic Church
is building on sacred sites of indigenous peoples.
Further, he cautioned, mountain bikers and skiers
must become aware of sacred sites and avoid
them. Logging, oil production operations, and
mining also threaten the sacred sites of
indigenous peoples, Mr. Feliz stated, requesting
that heedless recreational development and
harvesting of resources cease. Mr. Feliz noted
that the National Register of Historic Places is the
only recourse available in the battle to preserve
sacred sites, but "does not provide sufficient
protection," adding that the Executive order on
Indian sacred lands bill "has no bite."
3.14 Mike Gardner, People of Lake Davis,
Restore Lake Davis Committee,
Graeagle, California
Mr. Mike Gardner, People of Lake Davis, Restore
Lake Davis Committee, Graeagle, California,
stated his opposition to the poisoning of Lake
Davis, California by the California Department of
Fish and Game in an effort to eradicate nonnative
species of fish from the lake's waters. Mr.
Gardner described an incident that occurred in
October 1997 in which personnel of the state fish
and game department arrived at the lake "with
armed highway patrolmen." 'Officers blockaded
• roads, he reported, while the fish and game staff
introduced the poison into the lake.
Mr. Gardner remarked that he was the only
member of his community who had come to
address the NEJAC because, he said, "the others
have given up." "I have done all that I know how,"
he said, asking the NEJAC for advice and
direction in continuing the battle to right "this
incredible injustice."
In response to Mr. Turrentine's question, Mr.
Gardner indicated that he would be available for
further consultation with a subcorhmittee. He
then was invited to raise the issue during the
public dialogue period to be conducted June 2,
1998 by the Health and Research Subcommittee.
3.15 Floyd Buckskin, Pit River Tribe, Native
Coalition for Medicine Lake Highlands
Defense, California
Noting that he had raised the issue during the
December 1997 meeting of the NEJAG, Mr. Floyd
Buckskin, Chairperson and Cultural
Spokesperson for the Pit River Tribe, Native
Coalition for Medicine Lake Highlands Defense,
California, stated. that there had been no
resolution of the issues related to the
development of geothermal power production in
the Medicine Lake Highlands area since he last
had addressed the NEJAC. A number of actions
and events had occurred, he stated, that have
given rise to additional concerns and prompted
him to come once again before the council. The
proposed power plants, Mr. Buckskin continued,
would have "a huge effect" on now-pristine lands
that are sacred areas to the tribes that live in their
vicinity. Mr. Buckskin pointed out that the draft
EIS prepared by the U.S. Forest Service (USFS),
U.S. Department of Agriculture (USDA) and the
Bureau of Land Management (BLM), DOl, for two
of the four plants proposed, the Thunder Hill and
Fourmile Hill projects, do not address cumulative
effects of the projects. USFS and BLM, he stated,
had failed to do so, despite EPA's request that the
agencies prepare a single EIS for the four
projects that considers cumulative effects. Mr.
Buckskin characterized the actions of USFS and
the BLM as "insensitive to Native American
religions and dismissive of them."
Mr. Buckskin stated further that the tribes affected
continue to oppose the geothermal projects,
adding that the sacred lands soon were to be
considered for inclusion on the National Register
of Historic Places. Continuing, Mr. Buckskin
stated that no ethnographic study had been
included in'the EISs and that neither the potential
Oakland, California, May 31 and June 1,1998
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i 'If''
IIIFln'lllllnlll :,inr';l,':i!',ili,,:>i,n !:,'lli!i!l«L!'',l'l
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effects of the projects on groundwater nor those
•' on surface water had been considered. ....... He then _
"IHed'Iilf ffigjabglirig ...... bTsuch projects as "green
energy" projects is "outrageous" because the
, ..... projects "would destroy a ^beautiful ....... and ..... sacred
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|,,,|! i"",'i|,,|,,, I il, "ill' III!
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natural area!* "l^' Buckskin then asked that the
NEJAC ; rec^mrnegd that EPA develop criteria for
the jggjgnaflon pf a technology as a "green
energy' apprbacrT. " He" submitted a proposed
resolution to that effect that his organization had
prepared for the consideration of the NEJAC!
3.16 Michelle Berditschevsky, Native
~,', Coalition for Mount Shasta, California
3.17 Sonia Chavez, Colorado River Indian
Tribes (C.R.I.T.) Tribal Council, Parker,
Arizona
Stating that it was "heartening" to her to hear
people present their problems to the Executive
Council, Ms. Sonia Chavez, Colorado River
Indian Tribes (C.R.I.T.) Tribal Council, Parker,
Arizona, first suggested that all present offer to
those opposing the fish kills at Lake George,
California described by an earlier commenter "the
same support we have gotten here." Turning her
attention to the Ward Valley case, she then stated
that the,,,, alliance of. CRIX..^^ ."sto.gd.. firm, and
Ms. Michelle Berditschevsky, Native Coalition for
Mount §h,a,§ta, California, first reminded the
••jnembers of the Eecutive Council that she had
"
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1Ji33ressed "^|j^.''dii?mg their i meeting ' in
';''"peSmfaer 19977 Pointing out that Mount Shasta,
ll:rCaJfomiajs a sacred, site to Native Americans,,,,
"impinged upon" disproportionately for at least
150 years. The remainingi sites, she,_declared,
must be protected because, they are essential to
'"lie cultural luryivaf'pf'native,,peoples and "of all
of us." Fn'respbnse'to the resolution adopted by
the NEJAC during its December 1997 meeting,
she reported, USFS will recommend revocation of
the permit issued for development of a ski resort
QQ Mount Shasta, The mountain once had been
Jisted, orj }h,| yatjgjjai, Register of Historic Places,
irditscheysky continued, but much of the
im'lidSelh removed from the .register to
•IccoSmociate" Ifie proposed ski resort. Today,
£he stated, only the portion of the mountain above
Illfllilililf''';::!!!'!!!!!!'!!!!'!!" J'ilHIB'1*1!*1 • if ^ : % _ , , , ,
i to develop
i^]|^|rj^^ement^ian'"tb'r Mount Shasta so
that the eiders and people of Native American
Mbes need not "prove its status over and over
again arid,, so ithat the sacred, relationship with
"(Mpffier" Earth" may" be" preserved."
I'! Ill,' I,I,, 'i"!'1'!!! 'I'lul I, "
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'• illj-, ,Goid|p,pth jrjyjted Mr. Buckskin and Ms,
Berditschevsky to make a presentation during the
:'i; Jliblic dialogue period to be Conducted by the
; lipigenous Peogtes"' Subcommittee on ,„ the
.^Qowing" day! The subcommittee, he stated,
"' lrouid''hpld tortheFdiscussjpn'bf the issues they
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, !" jEJii m,;-, 'i, :,„ i:1,,,,: lii I 'w, sit1 ,;',ii|,' iiiiliSiiii! n, "is wi'i'U'nii',,: ">a:"f V'i< >'
taken over the grounds" at the site. She stated
that the tribes continue to negotiate with the
United States government, with the understanding
...thayhgrg.wjjlbe no desecration of sacred ground.
The tribes, she continued, "demand the
[recognition of the] government-to-government
and natipn:tp-natipn" status that, all other
sovereign nations enjoy. Ms. Chavez then asked
that EPA issue a statement calling upon DOI and
the Clinton administratiQn to cancel plans to
establish a nuclear waste dump at the Ward
Valley site. She then added: "We ask that people
of all races and colors of the United States of
America join the tribes in body and spirit on June
16,1998 at Ward Valley to celebrate the greatest
and longest Native American occupation." (See
sections 2.3, 3.18, and 3.19 of this chapter for
relatedcomments,)
3.18 David Harper, C.R.I.T. Mohave Elders,
Parker, Arizona
Identifying himself as one of the people involved
in the occupation by Native Americans of the
Ward Valley site (discussed in sections 2.3, 3.17,
and 3.19 of this chapter), Mr. David Harper,
C.R.I.T. Mohave Elders, stated that he had been
accompanied to the meeting by several other
tribal elders who were maintaining the occupation.
_ theh intrbduced the eiders and praised their
capacity to "withstand natural elements and defy
the forces of the government." Mr. Harper then
stated his belief that they already had won their
.case. The tribes opposing the siting of a nuclear
waste dump at Ward Valley, he said, should be
recognized as sovereign aboriginal people with
specific rights. Mr. Harper then asked that the
NEJAC recommend that EPA and the Clintpn
administration act to bring the impasse to an end.
"Don't just read about the case," he urged the
council in conclusion, "come out on June 16 and
participate in the celebration of the occupation."
Oakland, California, May 31 and June 1,1998
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National Environmental Justice Advisory Council
Public Comment Period
Ms. Miller then observed that DOI and DOE are
making many decisions that have implications
that affect issues of environmental justice, yet
they do not interact with bodies formed to
consider environmental justice. Ms. Miller
suggested that both DOI and DOE be encouraged
to participate in:the environmental justice process.
The NEJAC, she stated, can do little when it has
. no authority over them, observing further that the
NEJAC needs an effective, means of influencing
decision making at DOI and DOE. Mr. Lee then
commented that, a year earlier, members of the
NEJAC had met with the Administrator of EPA to
discuss the involvement of other agencies with
the NEJAC. Circumstances had improved, he
said, but there remains a need to enlist the
support of "the right people."
3.19 Waliy Antone, Spiritual Leader for Ward
- Valley, Colorado River Native Nations
Alliance
Mr. Wally Antone, Spiritual Leader for Ward
Valley, Colorado River Native Nations Alliance,
reported to the Executive Council that a sacred
fire had been burning at the site of the Ward
Valley occupation since before the takeover
occurred. The action, he explained, had been a
spiritual takeover, free of alcohol, drugs, and
firearms. He commended tine "environmentalists"
who had joined the tribes'cause. Mr. Antone then
.stated that "Native Americans are conducting the
occupation for a just cause, for all mankind to
survive, not just Native Americans on the
Colorado River."
When Mr. Goldtooth asked whether EPA Region
9 had first allocated and then withdrawn funds for
an environmental justice analysis of the Ward
Valley project, Mr. William M. Chin, Environmental
Justice Coordinator, EPA Region 9, explained
that the region had been seeking funding for such
a study, but that negotiations had reached a
stalemate. Mr. Harper, who, also had provided
comment about Ward Valley (see sections 2.3,
3.17, and 3.18 of this chapter for related
comments) then stated that the federal
government had determined that the occupiers
were not in compliance with federal law and that
therefore no funds would be provided for the
studies. The tribes remained disadvantaged,
lacking scientific support, technology, and
resources, he continued, but would continue to
work for a resolution of the matter.
3.20 Seth Lubega, Oakwood College,
Huntsville, Alabama
Mr. Seth Lubega, Oakwood College, Huntsville,
Alabama, told the members of the Executive
Council that he had worked for several years with
the residents of a community of color in Triana,
Alabama, who, he said, "continue to suffer from
the dumping, of dichlorodiphynyltrichloroethane
(DDT) in their creek." Mr. Lubega stated that he
had attended a recent symposium during which a
paper had been presented on a study by Mr. Mark
Atlas of Carnegie Mellon University. The paper
reported, Mr. Lubega continued; that the study,.
using EPA data, had found that the siting of
hazardous waste treatment, storage, and disposal
facilities does not present disproportionately high
risk to disadvantaged communities. Mr. Lubega
stated that, at the symposium, he had pointed out
that conclusion is "contrary to the realities with
which we are confronted in our communities." Mr,
Lubega then reported that Mr. Atlas had agreed to
provide the data from, his study to anyone
requesting them. He called upon "the experts in
the environmental justice movement" to obtain
and examine those data to assess their validity.
Mr. Turrentine assured Mr. Lubega that the
Executive Council would contact him about the
issue and adjourned the public comment period
for a meal break.
4.0 PUBLIC COMMENT PRESENTED
THE EVENING OF JUNE 1,1998
When the session reconvened after an hour, Mr.
Turrentine commented that such an extension of
the public comment period was "an unusual
situation" for the NEJAC, He observed that the
extended session had been "spurred by the
outstanding work of community groups in the Bay
Area." Reminding commenters to adhere to the
five-minute time limit on presentations, Mr.
Turrentine then continued to recognize individuals
wishing to address the council.
i
4.1 Yin Ling Leung, Asians and Pacific
Islanders for Reproductive Health,
Oakland/Long Beach, California
Ms. Yin Ling Leung, Asians and Pacific Islanders
for Reproductive Health, Oakland/Long Beach,
California, explained to the Executive Council that
she wished to discuss interagency cooperation
and the benefits such efforts can have for the
Asian and Pacific Islander communities and, in
Oakland, California, May 31 and June 1,1998
2-19
-------
1111
iiiivdi in I'd i IP11 iiihliii 11111 I1 il"
Public Comment Period
III I I
lll'll'l'lllll ill
National Environmental Justice Advisory Council
riuin,i iniyi biuiini1;! uti*1.
*- pi *
i'particular, for women of color. Many immigrant
• women^Tie", steted^work in the garment and
. „ ihiS^iisO^Cinii.M.sfrJes, Such employment, she
•• said, " is a major cause of exposure to
environmental .health hazards for „. Asians arjd „
, she stated that,
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in the ejectronics industry, workers risk exposure
to glycoi ethers, which are known to cause
miscarriages. Coordination between the
Q__^_ ,,^___ ^- pjeaj^ Administration
(OSHA) and EPA, she continued, as well as
coordination with women's health departments, is
essential in successfully addressing such issues.
tiSIlonai Cancer Institute had indicated that,
; -feeMegn 1,973 and 1995^^ incidence^gfcancer,,
»-"l|d mortality rates from "cancer had declined for
a|j groups except Asian and Pacific Islander
«wofnen.ra iYe|Siiishe pointed out, those rates are not „
is fitgii'in Sose women's places of origin as they
are in the United States, indicating, she said, that
^^iPingHling here in the environment" keeps those
V.'nates high. Because advocates for women's
.], ^itelSJ sis 02! ^asilslgfltsJak ,l°,,§ypport their
^IcIfirjQSj she added, the interagency coordination
she was calling for is vital.
i-:.!' iiiiiii'iii" i in MI mi i nil in ° t
Mn Turrentine assured Ms. Leung that the matter
'*':' ^vbufd be ^f^.^ to the appropriate
Subcommittee of the NEJAC for further
consideration. Mr. Lee then commented that
some 65 recommendations had been developed
djQpg the Interagency Symposium on Health
i Research and Needs ..... to ...... Ensure ..... Environ,rneo!l! ......
Justice, held in February 1994. All those
recommendations, he ..observed, concerned the
same issue Ms. Leung had raised. Mr. Lee then
endorsed Ms. Leung's call for coordination among
the myriad agencies involved in the health and
hurrjan services areas.
' 4.2 ...... Robin Cannon, ...... Concerned ........ Citizens ..... of
central Los Angeles, Los Angeles,
« 'si '
located in a residential neighborhood or a
chrome-plating facility across the street from a
school." Further, she added, several rail lines and
three freeways run through the neighborhood.
Therefore, she said, the community is heavily
affected by numerous sources of pollution. Ms.
Cannon then stated that the community's
immediate concern is a school located on
property that is contaminated with hexavalent
chromium. She then recounted the history of the
siting and construction of the school, noting that
the school had opened in June 1997, even though
the site had not been cleaned up. During the
period between their learning of the
contamination and the opening of the school, Ms.
CiDQSQ said, members of the community had
organized and initiated discussions with the
California DISC, and other agencies;
nevertheless, she continued, the community was
not notified that the school was scheduled to
open. Noting a need for "greater dialogue," Ms.
Cannon stated that her community would like to
work with DTSC to develop a remediation plan for
the school site. She asked that the NEJAC
encourage DTSC to engage in an effective,
cooperative effort to involve the community in
decisions about when, how, and by whom the
cleanup will be accomplished and in determining
how children currently enrolled in the school will
be protected from exposure to the contaminants.
When Mr. Cole observed that Ms. Cannon's
remarks about DTSC reflected the views of many
jndivjduals, Ms. Cannon advised him that the
state of California had submitted objections to the
Title VI guidelines currently under preparation by
EPA. In response to a question from Ms.
Franklin, Ms. Cannon explained that some soil
testing had been performed at the site and the
contamination identified had been cleaned up.
Hg,w,eyer, she continued, more extensive
contaminationhad been discovered when
additional testing was performed after the school
illlllL; ]'! x, fSi1 •:!il:lf,!i'il .?• B; SUBt K;' Ihiit "fyfSsK i ^ '*'1 \ " *?'.'»
, Concerned Citizens of South
C,§Qtra| LSi Apgeles, Los Angeles, California,
1 „ began her presentation with a description of her
; ^jg-j^Q-j^j^ vvhich she said borders the largest
industrial area in the country, the Alameda
Corridor. Traditionally, land use in her
fiOirrimunity, she continued, has been
i?uncjiecked," As §,result, she.explained, there .is
Dd^^Qfiii !§Dd.H,§ejn
'SOT!6,! §h§ saidi:itis not
IS .10 SI lESesang .company
Mr. Whitehead then suggested that it might be
wise to involve state agencies in planning for
NEJAC meetings. Some elements of the
planning process, he observed, are appropriate
for such involvement. When Mr, Knox noted that
suph an effort is made through the Enforcement
Roundtable meetings sponsored by EPA, Mr.
yvhitehead stated that state agencies remain "a
missing element" in NEJAC meetings. Mr. Ray
then added that Ms. Cannon, had asked "simply
that the community be involved early enough to
;-;•; ;-OaWanc^ California, May 31 and June 1,1998
-------
National Environmental Justice Advisory Council
Public Comment Period
be effective." If states would do so, he
suggested, they would not find it necessary to
deal with Title VI issues, since "mechanisms for
true involvement" would prevent the occurrence
of such problems.
4.3 Laura Caballero-Conle, Farm Workers
Women's Leadership Network, San Jose,
California
Stating that she had been an • undocumented
worker for 14 years before becoming an United
States citizen, Ms. Laura Caballero-Conle, Farm
Workers Women's Leadership Network, San
Jose, California, stated that her organization had
been formed five years previously and currently
included 15 committees in the state of California.
She then expressed frustration because, although
much had been said during the meeting about
communities of color and low-income
communities, there had been little discussion of
issues of concern to farm workers. (See section
2.2 of this chapter for a related .comment.) She
noted that farm workers and their children include
both immigrants and those born in the United
States, adding that, although there are many state
and federal laws that are intended to provide
protection to farm workers, such laws are
"violated constantly." For example, every day,
farm workers are sprayed with pesticides, she
said. She pointed to contamination in the San
Joaquin Valley as an example of the hazardous
conditions farm workers face. In a recent
incident, she continued, 50 workers were
sprayed, with 9 , of those workers requiring
hospitalization. Ms. Caballero-Conle added other
examples of. conditions under which the use of
pesticides directly threatens the health of farm
workers. She criticized specifically extensions
granted in both the United States and Mexico of
deadlines for the banning of methyl bromide. Ms.
Caballero-Go.nle told the council that "farm
workers come before bureaucrats, because they
provide the food you eat." .
Elaborating on Ms. Caballero-Conle's reference to
"bureaucrats," Ms. Ramos explained that growers
routinely apply pesticides on the weekends, when
they can violate regulations without risking that
their actions will be reported.
Mr. Baldemar Velasquez, Farm Labor Organizing
Committee, American Federation of Labor (AFL)/
Congress of Industrial Organizations (CIO) and
chair of the International Subcommittee, then
reminded the council that the NEJAC's
Enforcement Subcommittee had made several
pertinent recommendations, including one urging
for tightening of the requirements governing the
training .of workers in the safe use of pesticides.
Currently, he noted, growers are permitted to
provide such training. Mr. Velasquez then cited a
case in North Carolina in whjch, he said, the
death of a worker poisoned in the tobacco fields
had been covered up. Such cases, he said,
reflect a callous attitude toward farm workers that
extends "from California to the East Coast, from
Canada to Mexico." The problems of farm
workers are neglected, said Mr. Velasquez,
declaring that the NEJAC must take action.
Ms. Lucila Rosas, Organization en California de
Lideras Campesinas, who had; served as
interpreter for Ms. Cabaliero-Conle, then
explained that the women's organization is
involved in grassroots training. During those
activities, she said, the trainers always ask
workers whether they have received the required
training; "they never have," she said. Ms. Rosas
explained further that, because growers use
subcontractors that supply labor, there are many
levels of responsibility and much "buck-passing"
takes place. She stated further that "it doesn't
matter how many laws there are .if they are not
enforced."
Citing jurisdictional conflicts between EPA and
USDA, Mr. Gerald Torres, University of Texas
Law School and member of the Enforcement
Subcommittee, stated that the NEJAC should .
support EPA's effort to retain jurisdiction over the
regulation of pesticides.
4.4 Nikki Bas, Sweatshop Watch, Oakland,
California
Ms. Nikki Bas, Sweatshop Watch, Oakland,
California, described her organization as a
coalition of labor, community, civil rights,
immigrant rights* and women's organizations
committed to eliminating the exploitation that
takes place in sweatshops, adding that the
organization focuses on abuses in the garment
industry! She defined a sweatshop as a
workplace where workers are subject to extreme
exploitation, including low wages and lack of
benefits, poor working conditions, and arbitrary
discipline. Her organization, Ms. Bas stated,
believes that human and civil rights are being
violated in sweatshops. The overwhelming
majority of garment workers in the United States,
she continued, are immigrant women from Asian
Oakland, California, May 31 and June 1,1998
2-21
-------
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iPuolfcCQtntnent Period National Environmental Justice Advisory Council
i '":;/,!'giMillRi!,; 3 llll'ii:
: ill f *««;•*
and Latin American countries. In the garment
||][i;c|H§|ry, they work six days a week, 10 to 12
±hours a day, often at Jess than minimum wage
IRi wthout overtime pay, she said. Ms. Bas then
;; iitslled a r,gcg,ot U»S, Department of Labor (DOL)
gprv^y of the garment industry in Los Angeles,
/''::[C:a!ifQmia. The .syrvey, she said, revealed that.
[.•'•SorelEan^' pe"rce'n"f 0"f surveyed shops vioiate
labor iavi/s. that finding, she said, "demonstrates
the failure of state and federal labor programs."
'garment workers
; conditions, noting that another
r had found such violations of safety
........ so ...... iregulations as blocked exits, exposed
that could start a fire or cause an
..... and ..... the ....... Jack ........ of .safety guards on
?9yipment. ..... ^e added, that .
armen 0ers ........... much ............. like .......... farm workers,
":-°commorj'ly''''fecei verbal ..... and physical abuse and
'"< "iM"fn|midated ..... frgrn speaking out, since they fear
job loss or deportation. Such conditions, she
preyentfte communities ...... ofcolor from
63 in ...... dignity and free from poverty; these
conditions constitute an environmental injustice,'
she declared.
Ms. Bas then stated that her organization asks the
assistance of the NEJAC in eliminating
sweatshpp abuses. Specifically, she cited a need
Jgr legislation that makes- retailers and
ggjabjefojwage and hour violations
'"""lie shops'''in which their products
DroKfsworkers from .deportation and
!'!l';v'!;"!:;!;;'!"'- ;i:jp^!a|ggp:; j^T protest actions, and requires full
'inliSEiii,:•?"!" :1], Hi,; '',,,««!!iiill' ' ilr'-llllllill!!111";]1'1'''''!'!!111 'i1"*"""*™*'11 wiu* 3 " ™ ™'~' .
:;,-: public oisdosure of ^sweatehop conditons that will
'.'"'rnake cons'urhers aware'of cases in which
istajlers and manufacturers tolerate violations.
;nd DOL, she said inii;iiiconcju§ic)pi,i must
^e'8disproporb*onate burden placed on,
low-wage immigrant workers who labor in
dangerous conditions."
HJ St. James Citizens for
*:«!!!!:!
!lr!!:!!!!i-!l'!S^
'"I'll, f inn'W!!.:-
Convent,
i; SJcl'ressing the controversy over the chemical
ficlfiy Shintech Corporation has proposed to
build in his community, Mr. Richard Burton, St.
':' James Citizens for. Jobs and fte Eoylronment,
Scjnven|' Louisiana,2steted to the Executive,,,
2y9ln" his "experience in dealing
EC>' ne nad cQPlife
don't mean anything." "If
iiffiPli P§PP,!e come to a meeting and say 'I
11 plant,'" he explained, "but two say
'I do,' the 100 are disregarded." At every public
meeting related to the proposal, he said, a large
number of citizens express opposition to it; yet,
their voice has been ignored in the permitting
process. Further, because St. James Parish has
the highest unemployment rate in the state, Mr.
Burton observed, people who oppose the
Shintech proposal will not speak out, for fear of
losing their jobs. He charged further that the site
on which Shintech proposes to build already is
contaminated and that the contamination has
been the subject of a "coverup" by Shintech and
the Louisiana DEQ. Mr. Burton then suggested
that individuals concerned about the case write to
the President and Vice President about the issue.
Continuing, he stated that Shintech has proposed
to Mild, one of the largest chemical production
facilities in the United States, as well as a
hazardous waste incinerator, in an area in which
13 plants already are located. The citizens of the
community, he repeated, oppose the proposal,
butthe Louisiana DEQ has ignored their wishes.
Mr. Burton added that some members of the
NEJAC had visited the area and observed
SaSSM&SSJSliSd.; US ffien askedforthg
NEJAC's help in ensuring that the community's
wishes be considered. (See sections 3.1 and 3.2
of this chapter for related comments.)
Mr. Cole then commented that, at an earlier
meeting, members of the NEJAC had discussed
allegations of groundwater contamination at the
proposed Shintech site, as well as allegations of
a coverup in the matter. He stated that the
Administrator of EPA had requested that EPA
Region 6 investigate the issue and was awaiting
a response to that request Mr. Cole assured Mr.
Burton that he would be kept informed of
developments in the case. !
Ms, Ramos then suggested that a criminal
investigation might be appropriate if the
aflpgations made are accurate. Ms. Briggum
added her observation that a number of the
...commerrts,,, .submitted to the NEJAC on,, .the
§Kintesh issue had emphasized the need for
effective public participation in the permitting
process. She suggested the need for a general-
recommendation on the issue. In response to Ms.
Briggum's observation, Mr. Turrentine suggested
that the Rublie Participation and Accountability
Subcommittee of the NEJAC take the issue under
consideration- -. .. . ,
Oakland, California, May 31 and June 1,1998
'
-------
National EnvironmentalJustice Advisory Council
Public Comment Period
4.6 Geri Almanza, People Organizing to
Demand Environmental Rights (PODER),
San Francisco, California and Southwest
Network for Environmental and Economic
Justice, Albuquerque, New Mexico
Ms. Geri Almanza, People Organizing to Demand
Environmental Rights (PODER) and Southwest
Network for Environmental and Economic Justice,
Albuquerque, New Mexico,- expressed her
organization's concerns about current attacks on
EPA's efforts to implement a policy on Title VI. In
the current political climate, she said, laws
designed to protect the rights of communities of
color are increasingly under attack, particularly,
she pointed out, in the state of California. The
attacks, she continued, are "another example of
how a fundamental civil rights law that exists to
protect our communities is being threatened."
Ms. Almanza then stated that the hostile position
of industry and states, as well as their
unwillingness to discuss community concerns,
demonstrates their lack of commitment to
environmental justice. EPA, she continued,,
should "hold firm" in its efforts to develop a policy
that is protective of low-income communities and ,
communities of color, thereby upholding Title VI.
She then submitted for the consideration of the
NEJAC 15 "demands" related to environmental
and economic injustices that affect such
communities. -Ms. Almanza stated that her
organization requests that the NEJAC consider
those demands and forward them to EPA.
4.7 Maria Alegria, Hazardous Materials
Commission, Contra Costa County,
California
Ms. Leslie Stewart, Chair, Contra Costa County
Hazardous Materials Commission introduced Ms.
Maria Alegria, Chair of the commission's
Operations Committee. Ms. Alegria then
described for the members of the Executive
Council the commission's efforts to promote
environmental justice in Contra Costa County.
She pointed out the county's long history of
housing heavy industry, noting that the first oil
refineries there had been built at the turn of the
century and that shipbuilding had flourished
during .World War II. Many African Americans,
she continued, were among those who came to
the area to fill industrial jobs. Discrimination in
housing and employment, she said, had left
people of color and low-income residents
disproportionately represented among people
living near the county's industrial facilities.
Referring to the sites visited during the NEJAC's
driving tour on May 31,1998, Ms. Alegria noted
that the members of the NEJAC had observed
several such communities in Richmond and other
neighborhoods. They had met "people who are
tackling those problems," as well, she said,
mentioning specifically members of the Asian
Pacific'Environmental Network and the West
County Toxics Coalition. The commission, a 14-
member, broad-based group appointed by the
county's board of supervisors to advise the board
on issues related to hazardous materials, has
undertaken to develop environmental justice
"policies, for the county, she continued. Ms.
Alegria stated that all industry representatives to
the commission had expressed support for .the
concept of environmental justice and stated their
desire to develop such policies, adding that such
agreement is "clearly an historical event" Ms.
Alegria then stated that local government had
allowed the problem of environmental injustice to
exist and possess the "land-use authority" to
correct that problem, but is hampered by a lack of
resources. In contrast, federal government, she
added, has the resources and national scope to
draw on models from around the country, but
lacks local land-use authority. That circumstance,
she said, had led the commission to develop
three specific recommendations, which she
submitted for the consideration of the NEJAC:
• Survey local governments, universities, and
nongovernment organizations to identify
environmental justice policies that have been
drafted, proposed, and enacted
• Write model policies based on the results of
the survey
• Support and expand the environmental
justice program by providing resources to and
facilitating networking among local partners
Ms. Algeria asked on behalf of the commission
that the NEJAC "consider these requests in
developing recommendations to EPA."
In response to Ms. Algeria's presentation, Mr. Lee
noted that local issues such as land use and
zoning or lack thereof are "the heart of
environmental justice." Ms. Kawasaki added that
the city of Los Angeles, California had adopted
"guiding principles of environmental justice" in
1992 and, in October 1997, had held its first
public forum on land use, facility siting, and
transportation policy. She invited representatives
Oakland, California, May 31 and June 1,1998
2-23
-------
iMt D,t gg'ittn ! i i ! |s imt;*KSi .* jR
of the commissiop to attend sessions scheduled
for July during which action to be taken on such
I'lltti;;!':;'iit; :i;jiv't^S''^^^^'A. Weahkee, Petroglyph Monument
f™I1"?';' «r;i,i'!!1 ™\.'\.J5JIf'™!Protection Coalition, Albuquerque, New
;,: K::!fS U- ii-H* i' .iii:/ IlliU!'' ntgMjMNtwi'MiUi i"i'i« «i '"' * ; * lT7 -^ •
lilli,,!!1;!1,'!!,!1;! gpappppppppppppl taff'X U
L1;"":»,,;,:', ,i,,i''ii, P'"i',i,:
A. Weahkee, Petroglyph Monument
ProtectiQQ CQalitjpj), Albuquerque, New Mexico
first explained that the monument in Albuquerque
preserves markings made by early Native
>, &ntfiejpcjksjpc^ted jo, ,a,,|aya,,be,cl,,,,ngar
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•' ':; >•''">*
,ili'i,:!',:i'Liiii*''l!t« !i
irvf'jljjeirpgiypns in tfie area, she said, to Native
s •';,::Ame|ica|{,, peoples, she continued,,,,,, it is important
'mafolalnTthe integrity "of the entire lava, bed,
i, she pointed out, is a sacred site still in use.
S:l •> ff ; ••'; i".;"; Noting that her lather had, submitted,, testimony to
fi;-V; IS1';' 'I f!,-i]s},!; !"I|ie HEKcln,"' May" "1997, Ms. VVeahkee stated
»i:ijd'1,.*js:t»ts •*!-•"""' ]fta,!,, since ifiat lioiej pprigress had '"given the
'l=:':l ' "l"";:"''' ': ':" '":!"' "'"' ==;r:="=:':'':=:::': ?' '"'^ ' "city of Albuquerque." Ms.
"dejlffiirje,' .how, Ngliye Americans
i;*!(;t SBi3"fiielr issjiies fit into the enyironrnental.justice
"'""process ari8 reseircn'Bowfitie VI, which does
Itygl.and religious issues, affects
atlve Americans""1 She" noted, that her people
Hjiiii tMaar .Bin • ••'. ! " •" ! «ll««''1'" " • -fa \ /i"
rof^je^QieiBJl,^ protect jtheir, sovereign
i'tUS.
' !>!, II I' „ i"" ilill"
HE,:!,!:,,,,I,,,«„[",,I'l'hhl, i.ni H
IIIUPI I'JI ,111 ,', ,P dPI"1' i'lPP',
facility's permit had been upheld nevertheless.
Mr. Baltz stated that there is extensive evidence
!St,tl|g, iaglflgratoiS, operating unsafely, citing
164 violations that the coalition opposing the
incinerator had documented, $90,000 in fines
levied against the facility, and eyewitness
accounts provided by community members who
•,jtj§jj, tourgd the facility: When the local air quality
management district conducted a hearing on the
facility's permit, Mr. Baltz continued, the hearing
board had relied on a "faulty" risk assessment that
had not considered the pathway for ingestion of
dioxinor exposure to mercury. Mr. Baltz stated
further that the facility bums municipal waste,
although it has no permit to do so. The
incinerator, he continued, emits dioxin, mercury,
and heavy metals; yet, he said, no public hearing
ever has been held to consider the community's
opposition to its continued operation. Mr. Baltz
then asked "when regulators, local or otherwise,
as well as counties and cities, are going to
demonstrate some leadership and vision by
closing down dioxin emitters and polluters that
refuse to be accoyotable to the community."
i iiiiiiiilrlii: , 'i Kirn ',1111
Mr. Gojdtooth then stated that there is a need for
guidance on how issues related to sacred sites
are to be acted upon in the environmental justice
! ' ' " " "~ L" "' lie NEJAC should consider,,,
ta§|s||gga'^Sing groupto, address thejssue.,,
;ing issues of concern to
[several membgrs of „ tlie
jncil en,dors,§d,,,i],it,,s,uggestion, Mr.
|gcj Jljal; gjey form such a, working
[", |ifOQ|' ^lSd3jn<5ejrteke the '_ development , of
'""recommendatigns related tgjhe,implications of
!': .*!*•'!*:,;':', tit i VI fn Indian country!
'S'?''1*,:,
"lilt^lH^^^^^^^^ 'iliai'iir'11!!^!'1
4.9David Baltz, Commonweal, Bolinas,
California
a
' i5 "ii; Iflfc,,, ,, D,§j{j<| Bgfe Research Associate,
:yi:;: Common.wjil, Boljnas, California, recapped for
Jgry" of "citizen opposition to the
:S medical waste incinerator in
(See sections 2.1,2.12, and 3.9 of
;|li|Ichapter _fpr related comments.) Such
opposffioh had been voiced to the Bay Area Air
Quality Management District, he said, but the
4.10 Lehua Lopez, Caring and Taking Care of
the Good That Is Puna, Native Lands
Institute, Hilo, Hawaii
Ms. Lehua Lopez, Vice President, Caring and
.Taking Care of the Good That,Is Puna, Native,
•"'Lands fristftuiei Hilo, Hawaii, explained to the
council that Hawaii is a "growing" island, affected
by its five volcanos, one of which, she said has
been erupting continuously since 1983. She then
stated .that her organization opposes the
development of geothermal wells in Hawaii on the
basis of First Amendment rights to freedom of
religion. The coalition of Native Hawaiians had
been successful in fighting extensive
development of geothermal energy production in
Hawaii, she continued, although one small plant
has been operating since 1991. Ms. Lopez then
stated |h§t sych geothermal production poses
heaitri threats related to the emission of hydrogen
sulfide, as well as the threat of contamination of
groundwater caused by corrosion of well casings.
Ms. Lopez then emphasized that the area in
which geothermal energy projects would be
located is a sacred site. Use of the steam to
generate profit, she stated, would violate the deity
Of Native Hawaiians, prevent the people from
honoring their deity, and constitute sacrilege. Ms.
Lopez asked that the NEJAC support the cause
and protect the rights of Native Hawaiian people.
I i| II!? M'lliliMii ' III!
{'I ,1 iiiinH': in;", in ' iii i'"!1"!!',1
i ;i lil'I'll",! ,al!Hi ".: ip V*'., !'• i ';,'" 'I* i t' ''' ='' „'' ' !"''""":: ""l|"!:' ':
2-24
Oakland, California, May 31 and June 1, 1998
iiliK^^^^^^^^^^^^ .
-------
National Environmental Justice Advisory Council
Public Comment Period
4.11 Patrick Lynch, Clearwater Revival
Company, Alameda, California
Mr. Patrick Lynch, Environmental Engineer,
Clearwater Revival Company, Alameda,
California, stated that he had been working for
four years as "a technical assistance provider to
national and community-based environmental
organizations." Mr. Lynch stated that he ascribes
environmental injustice to "unethical practices of
some environmental professionals," adding that
"a high level of technical expertise without
adherence to ethical guidelines is as much a
threat to public welfare as is professional
incompetence." The "atrocities" committed by the
United States Navy at its installations throughout
the Bay Area, Mr Lynch charged, are "textbook
examples of environmental racism," the effects of
which on local communities are downplayed by
"unqualified opinions made by two national
consulting companies," Tetra Tech Inc. and IT
Corporation. Mr, Lynch then declared that he was
"outraged" that one of those firms also serves as
the EPA's support contractor for the NEJAC. Mr.
Lynch criticized the contractor's findings irj
several cases in the Bay Area, as well as the
operations of the second firm he had mentioned.
Mr. Lynch stated that both state and federal
governments must establish policies to ensure
that environmental documents are prepared by
both independent and objective scientists and
further that the federal government should refrain
from awarding contracts to firms that promote
environmentally racist practices.
4.12 Charles Miller, Law Offices of Charles
Miller
Mr. Charles Miller, Attorney, Law Offices of
CharJes Miller, stated that he is counsel for Save
'^Mount Shasta and the Native Coalition to Protect
Mount Shasta and that he was representing
before the council the Pajaro Valley Ohlone
Indian Council and San Bruno Mountain Watch,
as well. He then reviewed the history of the listing
of Mount Shasta on the National Register of
Historic Places and the subsequent removal of
most of the mountain from the register. He noted
that the removal decision was based on the
premise that the mountain had lost its historical
integrity because of road building and other
activities that had taken place there. Mr. Miller
explained that a site is considered to have lost
historical integrity when it no longer is in
substantially the same condition it was in the time
it acquired its status as historic. The decision, he
continued, was made without any attempt at
consultation with the Native American tribes to
whom the mountain is a sacred site, and therefore
without regard for legal requirements. On behalf
of the tribes, he said, he was asking for
assurance that such consultation, which he had
characterized as lying at "the core of
environmental justice," would take place.
Turning his attention to the cause of the Pajaro
Valley Ohlone Indian Council and San Bruno
Mountain Watch, Mr. Miller then described the
San Bruno Shell Mound, which the council seeks
to preserve. Mr. Miller stated that the shell mound
is located along the western shore of San
Francisco Bay, at the base of San Bruno
Mountain. Built up over centuries by the deposit
of shellfish from the Bay, Mr. Miller continued, the
mound is the oldest site of human occupation on
the San Mateo Peninsula, dating to some 5,000
years ago. The Ohlone people used such shell
mounds as a combination village and ceremonial
and burial site, Mr. Miller explained further. "Such
is the case with the San Bruno Mountain Ohlone
Shell Mound," he added. In 1989, a limited study
of the mound revealed the remains of at least 15
people, Mr. Miller continued, indicating that other
burials exist at the site. He added that evidence
of fires and numerous artifacts also have been
found at the site. Mr. Miller stated further that the
shell mound is one of the most significant Ohlone
village and burial sites in the Bay region and that
it remains a sacred site to the Ohlone people.
However, he continued, Sterling Pacific
Management Services of Phoenix, Arizona plans
to build a residential and commercial
development, called Terrabay, in the area in
which the mound is located. Mr. Miller said that
the project would destroy the San Bruno Shell
Mound. Current plans for the project, he noted,
would cover or pave over most of the shell
mound.
Currently, Mr. Miller went on, Sterling Pacific and
the city of South San Francisco are preparing for
public comment a draft environmental impact
report (EIR), as required under the California
Environmental Quality Act. However, he charged,
even though construction of the necessary
freeway interchange would be supported by
federal funds and the commercial development
likely would require a permit from the U.S. Army
Corps of Engineers under CWA, there is no
indication that those parties plan to comply with
the requirements of applicable federal statutes.
Mr. Miller emphasized that the Ohlone people at
Oakland, California, May 31 and June 1,1998
2-25
-------
Public Comment Period
National Environmental Justice Advisory Council
f'It V it" ill
hm
i' i;!i!'' ifi not: i
IS.!'! ;i''Sii
I; liY'li,, j i,i!!!ln!'l I
I it! I KJIf-il!"11,
I
i t vCI-Ef .<' IE i- '!
:<>jll!!!! lii'hh1 'I iitl
rid time had been consulted about the Terrabay
project, as federal law requires, nor, he added,
"an ethnographic and anthropological study of
shell mound' been performed. In short, he
; .Esald, the effects of the project on the shell mound
ifri31n£'O'nlbne>(^ttu're nmacj ncrt been stucjjed and
evaluated. Mr. Miller then stated that the Pajaro
, Valley Ohlone Indian Council and , San Bryrjo
1 {i/loTintain Viatch request tihattfie NEJAC pass an
emergency resolution requesting that the
administratQr of EPA investigate the Terrabay
project and seek compliance with all applicable
Jgderal laws. Mr. Miller also submitted for the
;;i|;||nsideration of the NEJAC a wrjfteri sfajeiTiejit,,
.'.'J^ifrlhe issue by Mr Patrick Orozco, Headman,
Eajaro Valley Ohlone Indian Council. (See
fiction 4722 of this chapter for the text of Mr.
o'rbzco's statement)
David Johnson, Committee for
Environmgntal Justice Action, San
Antonio, Texas
__^,,.^ _^ j^gj^bgpg Of ^g E^ecutjve
Council that he is a member of the RAB at Kelly
,2\|r Force v Base (AFB), Mr David Johnson,,
' ^[TOT^^for.'i^ro^nTSQfe!. JMSfiP,§A6ii°n., San
:Snt^I^!^^s™reguested^ that the NEJAC,
gnjSp^^^^^fje, agency formulate a
(an for'the""^^^ operation of RABs. Mr.
iajned that contamination, at, closing
been affisfing communities and
(]ajged that state agencies are prevented by
op from ensuring that effective, cleanup is
completed at closing installations. Mr. Johnson
stated that members of the communities affected
by such closings havenoj'nfluence, on decisions,
''ffiade about"them and no avenue, of dialogue with
DoD or with installation personnel. Through his
own experience, Mr. Johnson continued, he
knows that supporting data gathered by citizens
g| hadjo gffect JQ bringing about resolution of a
' nnjct with pjficjgjs [§sponsible for cleanup
HJfivities at Kelly AF§ over contamination of the
aguifer. Mr. Johnson then asked for "effective
change in policy that will allow citizens' voices to
read portions of a letter to the
of EPA jn wr|ich the Southwest
Network^ fpr Environmental and Economic Justice
called for the resignation or removal of Mr. Barry
McBee, Chairman of the Texas Natural
Resources Conservation Commission (TNRCC)
from EPA's Title V( Work Group Under the
National Advisory Council for Environmental
Policy and Technology. In the letter, the
organization charged that TNRCC has a poor
record in ensuring equitable environmental
protection in communities of color.
4.14 Pamela Chaing,
Antonio, Texas
Fuerza Unida, San
Pamela Chaing, Fuerza Unida, San Antonio,
Texas, explained to the council that Fuerza Unida
is a organization of garment workers that was
formed when the workers were laid off by Levi
Strauss and Company in 1990. Most of the
workers involved are Latina, she noted, but Asian,
as well, women are represented, among its
members. The principles of environmental
justice, she said, affirm the right of workers to a
safe and healthy work environment. However,
she continued, in the case of the workers laid off
by Levi Strauss, working conditions had been
such that many had suffered such injuries as
carpal tunnel syndrome, nervous system
disorders, hernias caused by pushing heavy
carts, and stress-related conditions. The
pressure on workers to speed up production led
to many injuries, she said. Ms. Chaing
specifically cited the piece-work system and the
Levi Strauss team concept, under which, she
pointed out, other workers must take up the slack
if one ja|ls to perform, as causes of psychological
distress. The team concept as defined by Levi
Strauss, she added, even had led to conflict
among coworkers. Ms. Chaing then stated that
the company shortly would lay off some 6,000
more workers and was moving operations to
China. Despite the history she had described,
Ms. Chaing stated, the Clinton Administration had
bestowed upon Levi's chief executive officer an
award, for diversity. She characterized the award
as "an insult to the workers" of the corporation.
Ms. Chaing asked that the NEJAC make two
recommendations: that environmental justice
criteria be developed to guide decisions related to
awards such as that given to the Levi Strauss
executive and that a summit meeting about
injured workers be conducted to consider the
case of the workers she had discussed, and of
others, as well. Ms. Chaing added that her
organization maintains a boycott of Levi Strauss
products. "We cannot allow people to be treated
as a throw-away workforce," she said in
conclusion.
2-26
Oakland, California, May 31 and June 1,1998
•i in ill i iiiiiiiiii in II
k^ ill iiiiiiiiiiiiiiiii iii in i mi II i nil in mi in
jaiiLiii^aK^^ * • ! • ! ! ' ' I
-------
National Environmental Justice Advisory Council
Public Comment Period
4.15 Olin Webb, Bay View-Hunters Point
Community Advocates, San Francisco,
California -
Mr. Olin Webb, Bay View-Hunters Point
Community Advocates, San Francisco, California,
reviewed for the council the history of the
Southeast Sewage Treatment Plant located in his
community. Mr. Webb stated that, when
expansion of the plant was proposed in the
1970s, many members of the community opposed
the project. But, he said, when the community
was promised that a major construction project in
the city, specifically a cross-town tunnel, would be
awarded to minority contractors, opposition to the
plant expansion softened. The tunnel, however,
Mr. Webb pointed out, never was built. In
addition, he continued, even though the city has
a human rights commission that is supposed to
ensure fairness to minority contractors, less than
one percent of projects in the city is awarded to
such contractors. Mr. Webb asked the NEJAC's
assistance in securing fair treatment of black
contractors in the city of San Francisco. Mr.
Webb also decried the "gentrification" of Hunters
Point and asked for consideration of the needs of
"the original people of Hunters Point."
4.16 Jane Williams, Executive Director,
California Communities Against Toxics,
Rosamond, California
Ms. Jane Williams, Executive Director, California;
Communities Against Toxics, Rosamond,
California, informed the council of the activities of
another advisory body formed under the Federal
Advisory Committee Act (FACA), the Industrial
Combustion Coordinated Rulemaking (ICCR)
Committee, of which she is a member. The
rulemaking, she said, is the largest in EPA history
and will regulate hazardous air pollutants from
more than 100,000 sources. Those sources, she
said, account for most of the unregulated
emissions of dibxin, PCBs, mercury,
hexachlorobenzene, lead, and other organic
pollutants. Ms. Williams then stated that it is
' essential that the NEJAC be represented on the
committee. However, she continued, "despite
repeated requests to EPA by the environmental
caucus," no -such representation has been
arranged. The EPA lead for the committee, she
went on, is a representative of EPA's Office of Air
Quality Planning Standards, an office that she
said is "not very responsive to needs related to
children's health or to the environmental justice
community." Ms. Williams then asked specifically
that the "new air committee scheduled to meet in
November have as its first agenda item to engage
in a process by which its members would appoint
a representative and request appointment" to the
ICCR committee. She then explained that the
ICCR is an environmental justice issue because
many of the persistent organic pollutants (POP)
and heavy metals that are the subject of the
rulemaking "have preferential deposition into
communities ofcolor."
When Mr. Cole asked about the makeup of the
ICCR Committee, Ms. Williams stated that its
membership consists of 70 representatives of
industry and 8 representatives of community
groups, adding that two of the members are
women and one member is black. Ms. Williams
added that the composition of the committee is
not in compliance with applicable Executive
orders, nor, in some cases, with applicable laws.
In response to a question from Mr. Goldtooth, Ms.
Williams stated that facilities intended to burn
chemical weapons are not within the purview of
the committee. When Mr. Goldtooth then
commented on the disproportionate effects of
POPs on indigenous peoples, particularly those
living in cold climates, Ms. Williams observed
that, while the production of POPs is under
discussion, "we don't even have standards for
dioxin." Ms. Ramos then suggested that EPA
provide guidelines for pubic participation to its
Other FACA committees.
4.17 Nancy Nadel, City Council Member,
Oakland, California
Ms. Nancy Nadel, City Council Member, Oakland,
California, first thanked the members of the
NEJAC for selecting Oakland as the site of their
meeting. She then said she wanted to describe
several environmental justice issues in the city,
which, she said, "we are trying to handle on a
local level, but in some areas, we need federal
assistance." Ms. Nadel told the council that she
frequently uses the NEJAC's pamphlet on public
participation. However, she continued, although
the city has an active adult literacy program, she
has found the curriculum for that program lacking.
She suggested that the NEJAC consider
recommending funding for an adult literacy
curriculum that includes environmental education.
Ms. Nadel then addressed the lawsuit brought by
the West Oakland Neighbors against the Port of
Oakland related to the port's refusal to mitigate
significant air pollution that will occur as a result of
Oakland, California, May 31 and June 1,1998
2-27
-------
Public Comment Period
National Environmental Justice Advisory Council
nun i IP i lllliillll n I nil i 11 il I i
tjie proposed expansion of the port. She
'ed support for the proposals of the
group, which, she added, were to
e, presented ,totheNEJAC.iShealso
Ill l|( I I Ml
Illlllll III
I
I
rather than their individual tenants or
jlgr^See section 4.18 of this chapter for
irelated oonTraerite.)
•iTjuirrjingherattenion to the "historic problems of
patchwork zoning that has made neighbors of
"fgMdents and heavy industry," Ms. Nadel stated
''" Sideling old problems is the challenge in
The city is identifying an industrial area,
i as a long-term solution, adding that.
jgraassistance js required to move businesses
She urged that
j Hilli!1:1! 1 JllilliilLdllllllL'.M'ISSi'lBIHil1::, J"HII!I'H!!!I "I*1
• ijiiiiiiMiti'ii: iillkiiiT'iV lliiilviii'iiiiiii." JVM'' <
'ipllilli'i'ji'i'W^^
i Jrii jmi B'j! liliii
i:,;!1"! • III" Hlr l|i""!H '',
liiiit ''T'l.ii ifi'iiKi'mlK "III" will' "':' ''i i IN
i iif'i'i' '.ill, i'.'iiiiiiirl i^ '' 'iiliifiiiB: "' 'liS'H :
2 'I 'llfflH'!"!''1!!1 !!'•' .li'l'lfr i' '"I"1'!'1'"'
I'!!!»'! 'if • riiii4'ii N Tiiii'3' . '>':«'.»
Tg;::r::ply for "the relocation of businesses,,, and,
3!!§lrie,Qces to resolve the mixed/-use problems
Jiat dies suchas pakland face. Continuing, she
commented that the case of the Chester.Strget
"=T IK club "Association demonstrated a need ..for
action on Title VI claimsr.Finajly, Ms.
the NEJAC "to reguterjy'Jmeasure
arid" gpT^s success' by" the" amount
pollution that is eliminated in low-income
communities and communities of color."
,' jjjt§, MJ|ei,,a,(|d,e:d,, fte, observation that .in New York...
/gl^ iflje^'York1,' whefe she lives, there are many
such zoning problems, adding that Title VI issues
"ire, particularly problematic." She observed that
; ,cjge§ .............. sfj.p.uld ................. poake, ........... their ......... opinions _ known,
! bepuse^Ms. ....... Miller said£, their views ..... are not being
-; igiiiiiii i iiiifjii !:ii« M)iiiiiiiin?iM. ...... lit1' ..... iS " '. itiii'KiBUJii ..... u ....... ' ..... ...... ! . ......... "* .
schools use inhalers for asthma. Further, state
health department officials, he stated, have
reported that the incidence of cancer in one part
of tine cgm,m,u,o!ty is "much higher than expected."
Mr. Keyes then reported that, in 1993, the port
received a 50-year lease on a closing miliary
base. No analysis of effects on the community
had been performed, he added, because the base
Wig leased rather than transferred. However, he
continued, when the port prepared the
environmental justice analysis required for its
expansion, that analysis concluded that doubling
of truck traffic would have no environmental
justice effects on the community. The port, Mr.
Keyes said, took the position that, because it
would be impossible to reduce air pollution to
insignificant levels, it would perform no mitigation
at all. Because EPA did not follow up on the
issue, the neighborhood took legal action, he
" said. Mr. Keyes stated that his organization has
data that demonstrate that current levels of air
pollution have exceeded state standards. The
community, he said, is alarmed that, with the port
expansion, such pollution levels will double. Mr.
Keyes then asked that the NEJAC make three
recommendations to EPA: . •
• That, in reviewing EISs for the environmental
justice component, EPA insist on thorough
analysis and sue the responsible agency in
cases of failure to comply
• That the federal standard for particulate
matter be strengthened in light of new
scientific data that show a relationship
between diesel emissions and cancer
.._• That gPa4 Ipsjft, |hjL|h§ .State enforce .its
f-iij^t^stantiMfet partjcu'late matter and withhold
any funding to the state if it fails to do so
iii'iftil i:: '»n ijiriuii
igsyssfng the lawsuft his organization had filed
"3§ .......... Port ........ of. Oakland,, Mr. Willie Keyes^
~ ........ Neighbors, Oakland, ..... California, .....
~
,1H 'ii'tliAiiliiS111!1!!1!* :l HUM Wit'
.....
;, , efei .ftis ..... loadgquacy of the~portis environmental,
; ' ' irnpact report, , (EIR) ...... in ....................... addressing the
^v^ofjm^iErju^tee^aspei^pffe ..... expansion on
^OTmmwlty"asttie~reason foFBie ..... lawsuit. The
^^hboifhood, he said, is "next door" to the port,
which is served by some 10,000 diesel-powered
trucks ger daj^. Date show, he .continued, that the
......... number ...... of ....... HoipfiaiEraSons ..... caused by
Qd £f ,fi3§.freeway
Jicks. Mr. Keyes stated that 20
iiiiiii .! ........ nail ...... A ..... IH ..... i ....... HI ......... i ........ .. •* ..................................... » ..................
. i . .. .....................................
e cniWren in the community's flatland
'' ..........................................
:!i«'i":''S f>'"fS M
4.19 Steve Lopez, Colorado River Native
Nations Alliance, Needles, California
M[: Steve Lopez, Colorado River Native Nations
Alliance, Needles, California, explained to the
council that the alliance represents the five tribes
whose lands lie along the lower Colorado River.
The alliance opposes the proposed Ward Valley
dump, which would be sited on the lands sacred
to the tribes, he said. He then stated that "sacred
sites and environmental justice are not separable
issues." Mr. Lopez reminded the council that he
had come before the NEJAC twice over the
previous three years and commended the NEJAC
for the support it had given the alliance and for
2-28
''' , i a1' I,,"" l||i'. ,, il|» i,| |ll«jl ili II! '< il I lili '"I in,'" I, ;' i:: i!< < ("I <' ; <" f < :«i "Pll'l «',' J PI,' 'I'll"1''1'!'1! J I" I iB! !!f»'":
-------
National Environmental Justice Advisory Council
Public Comment Period
the recommendations the NEJAC had made to
EPA on the issue. The tribes use the resolution
of the NEJAC, alqng with the Executive Order on
Protection of Indian Sacred Sites in their battle
against the dump proposal, he said. Mr. Lopez
also commended EPA Region 9, which, he said,
was "the only agency to put its support for the
tribes' position in writing." Further, he added, the
region had "stuck by their word" and given the
alliance continued support. However, he
continued, although the Ward Valley project
currently had come to a halt, the battle is not over.
Mr. Lopez then asked that the NEJAC, through its
Enforcement or indigenous Peoples
Subcommittees, to urge the Administrator of EPA
to act on the NEJAC's recommendations. Mr.
Lopez then reviewed the many times he had
attempted to arrange meetings with the
administrator, officials of DOI, and the President.
Reminding the council that the tribes are
sovereign nations, he stated that their wish is a
direct meeting with the President. He asked
again that the NEJAC urge the administrator to
reaffirm its resolution and help arrange a meeting
with the President noting that a decision on the
dump proposal was to be made on June 17. If
action had been taken, he added, the Indian
peoples would not have found it necessary to
occupy the Ward Valley site, "laying their lives on
the line" to stop the project "I haven't lost faith or
hope that you can help me," Mr. Lopez told the
council. , "..
Mr. Cole thanked Mr. Lopez and the tribes of the
alliance for their struggle in Ward Valley, which he
called "an inspiration." Echoing Mr. Cole's
thanks, Mr. Goldtooth then' commented that the
Ward Valley issue is a precedent-setting case in
a variety of ways, one that is complicated by the
politics involved. The medical industry and
commercial facilities that are creating low-level
radioactive waste are pressing for the facility, and,
he added, "they are playing politics to get it."
Many people like Mr. Lopez have been involved
in the battle against the proposal, he continued,
organizing the elders, the spiritual leaders, and
the grass roots organizations and holding their
tribal leaders accountable "to stand firm on the
Ward Valley case." Mr. Turrentine then assured
Mr. Lopez of the NEJAC's continuing support.
4.20 Damu Imara Smith, GreenPeace,
Washington, D.C.
Addressing the issue of the chemical production
facility proposed by the Shintech Corporation, Mr.
Damu Imara Smith, GreenPeace, Washington,
D.C., emphasized to the members of the
Executive Council that, contrary to certain rumors,
Convent, Louisiana is not a community divided on
the issue. To demonstrate his statement, Mr.
Smith read articles from various Louisiana
publications that indicated that the vast majority of
the citizens of the community oppose construction
of the facility. Some members of the NEJAC had
attended pubic meetings in the community, he
added; they know firsthand that opposition is
overwhelming in the community, he said. Mr.
Smith then predicted that the upcoming meeting
of the NEJAC, which will be held in Louisiana,
would be one of the most extraordinary sessions
the NEJAC has conducted. He stated that the
situation in the state is volatile, characterizing the
Louisiana DEQ as a "renegade" state
environmental regulatory agency. Mr. Smith then
urged that the NEJAC take several actions in'
planning and conducting the meeting in
Louisiana. First, he said, a public comment
period should be scheduled for Saturday. EPA
Administrator Carol Browner should attend the
meeting and make herself available,to answer
questions, he suggested next, third, EPA
officials at;the highest level should be present
when people offer statements during public
comment periods, he continued. Last, he urged,
the NEJAC should continue to monitor the
Shintech case during the period leading up >|p the
. meeting. Stating that the Shintech matter is a
landmarkTitle VI case, Mr. Smith observed that
the decision in the case will have "profound
implications for every community represented in
this room, for the entire struggle against
environmental racism, and for the environmental
justice movement and its agenda over the next
several years." He then suggested that the
NEJAC's Waste and Facility Siting Subcommittee
consider how Title VI policy is being shaped by
the Shintech case.
Mr. Ray reminded Mr. Smith that it is the
Enforcement Subcommittee that is examining
issues related to Title VI. Then Mr. Velasquez,
corroborating Mr. Smith's statements, observed
that a tragic aspect of the case is that, when the
people have won it, there will be more such cases
throughout the country. Mr. Velasquez stated
further that the government is "partisan to big
money," as the swiftness with which trade
agreements were reached with Canada and
Mexico indicates, but that "the bureaucracy grinds
to a halt" when the protection of people is at
issue. Characterizing the current situation in St.
Oakland, California, May 31 and June 1,1998
2-29
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jig imliUjjllllJJJ lilulillllililiilll LJIIi
nil linn Ill IM (Ili
Public Comment Period
National Environmental Justice Advisory Council
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James Parish, Louisiana as "genocide," Mr.
Velasquez stated that the distinguishing factor
Ibout the people of the parish is that they are
pobn We must, he concluded, "be human beings
and consider our economic life second and stand
up for what is right"
nil 11111 iiiiiiiiiii 11 n I I •
||sa Bjiggum then described a number of activities
re|ated to environrjrieo|aj justice that she is
involved in on behalf of her company. Members
""Of the i business community who are involved in
lift"!' I'1 "!!i!!!!!, I1!,:,:,,, i""
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issues and find ways to make decisions that are
respectful of all parties, she continued. She then
dbserved that broad-based characterizations of
the business 'community do not take account of
the real differences among members of that
,; HIM nil iiiiiiiiiii INI i] yn i iii'iii in iniiiiii,*^^^ iimn MI iw'" ^
community and suggested that "we look at the
substance of eacl otheFs very" real and" important
views."
\When ^
. ^amoi asked, who or what agency had
ft£ °P!n'on 'n Convent, Mr.
The community sees such
|^^^ct^zafon~as ..... an ....... attempt to divide and
confu^ ite mernbers, he said, emphasizing again
that the community of Convent, has never been
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4.21 Dennis English, Director of
Environmental Affairs, San Jose State
University, San Jose, California
Mr, Dennis English, Director of Environmental
Affairs,, San Jose State University, San Jose,
California stated that biological monitoring is the
best way to determine whether a certain
substance is present in a person's system. He
suggested therefore that the NEJAC should
consider supporting the development of access to
biological monitoring, which, for example,
currently is provided for monitoring .children for
lead. Communities exposed to organic
compounds also should have access to federally
funded testing, he continued, noting that such
testing is always confidential. Mr. English then
recounted his personal history dealing with the
issue of environmental racism during his work for
the state government and as a county health
inspector. County inspectors, he continued, often
are responsible for enforcing environmental laws
and regulations, and that enforcement often is
lacking. If such state or local authorities are not
doing their jobs, said Mr. English, "communities
should take the resources and put them in the
hands of the people so they can develop their
own public health measures," He then advised
that state environmental justice programs, such
.as.,,ihjt ,of ,016 state_ ihof California, should^be
I „' , 'I, ilil'!'',;Wi
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Ms, Miller then expressed concern about delays
^-y^p-j^^-jjj^ggQP Of Tjt|e vi guidelines and the
effect of such dilpys on tne Shintech case, and
other cases, as well. Ms. Clarice Gaylord, special
assistant to the Regional Administrator^ EPA
Region 9, responded that it was her
ynderstanding that the agency has interim
guidance in place and that the interim guidance
Vyas to be in effect until the final policy is ready.
Ms, Miller, however, stated that the interim
guidance is incomplete. Mr. Turrentine then
""observed that the_ members wpuId have _an
oppofluhity to pursuethef issue on the following
y, when Ms. Ann Goode gl: EPA's Office: of Civil
§ghts' "was"" to ""attend the "meeting. After some
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IQtle ...... V|, ....... Mr. Smith ..... observed _ that,
uidlnce'existi and is in use by the
af guidance is pertinent to the Shintech
that the case "is testing trie ,
4.22 Patrick Orozco, Pajaro Valley Ohlone
Indian Council, Watsonville, California
Mr. Patrick Orozco, Headman, Pajaro Valley
Ohlone Indian Council, Watsonville, California,
submitted written testimony to be read into the
record. (See Appendix C of this report for a copy
of the written statement.) In his letter, Mr. Orozco
requested the NEJAC's assistance in helping to
preserve the San Bruno Shell Mound as a sacred
site because his tribe is concerned about the
effects of residential and commercial
development on the mound. The San Bruno
Shell Mound is the largest, oldest and most intact
shell mound in the San Francisco Bay area and
was inhabited continuously by the Slipskin Ohlone
for 5000 years, Mr. Orozco informed the members
of the Executive Council.
[Si ;'£! mm ..v
I1;;1!, Ilk'l "SF1 sir ':"',li!i!'H, ;i, ,f '^
practical application of ths guidelines."
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2-30
Oakland, California, May 31 and June 1,1998
i,;:!,1,'!!*1!*1,/;!!''!!!!:'!'!!!!!!' .'t^* 'liUR '! . 'li. !
-------
National Environmental Justice Advisory Council
Public Comment Period
lived there, he continued. Mr. Orozco also stated
that the Ohione have taken a strong stand on
protecting ancestral grave sites and many times
have been called upon as consultants to aid in the
protection of these sites against development.
The San Bruno Shell Mound continues to be in its
natural state and shows evidence of the Slipskin
Ohione life, Mr. Orozco stated, providing
examples such as evidence of chert which was
used to produce arrow heads; fire cracked rock
which indicated cooking; and various plants that
were used for food, medicines, and building. Mr.
Orozco requested that the entire area remain
undisturbed to protect the graves, plant life, and
animal life of the San Bruno Shell Mound. Mr.
Orozco explained that when the Ohione visit the
burial sites of their ancestors "we are connected
with our culture and our ways, and we have a
sense, of peace and accord with life." This type of
continuity and reverence with the deceased is the
religious center for the Ohione people, he
continued. Mr. Orozco then urged that federal
laws be put in place to protect the shell mound
from desecration.
Oakland, California, May 31 and June 1,1998
2-31
-------
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-------
MEETING SUMMARY
of the
ENFORCEMENT SUBCOMMITTEE
of the
NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
June 2,1998
Oakland, California
Meeting Summary Accepted By:
Shirley Pate Arthur Ray
Alternate Designated Federal Official Chair
-------
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-------
CHAPTER THREE
MEETING OF THE
ENFORCEMENT SUBCOMMITTEE
1.0 INTRODUCTION
The Enforcement Subcommittee of the National
Environmental Justice Advisory Council (NEJAC)
conducted a one-day meeting on Tuesday, June 2,
1998, during a three-day meeting of the NEJAC in
Oakland, California. Mr. Arthur Ray, Maryland
Department of the Environment, 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 (DFO); however, Ms.
Shirley Pate, EPA OECA, represented Ms. Milan
at the meeting. Exhibit 3-1 presents a list of the
members~who attended the meeting and identifies
those members who were unable to attend the ,
meeting. •
This chapter, which provides a summary of the
deliberations of the Enforcement Subcommittee, is
organized in five sections, including this
Introduction. Section 2.0, Remarks, summarizes
the opening remarks of the chair. Section 3.0,
Update on Subcommittee Work Groups,
summarizes the activities of the work groups of the
subcommittee. Section 4.0, Presentations and
Reports, presents an overview of each
presentation and report, as well as a summary of
the questions and comments of the members of
the subcommittee. Section 5.0, Significant Action
Items, presents the significant action items
adopted by the members of the subcommittee.
2.0 REMARKS
This section summarizes the opening remarks of
Mr. Ray and those of Mr. Steven Herman,,
Assistant Administrator, EPA OECA, as well as
discussion among the members of ' the
subcommittee prompted by those remarks.
2,1 Remarks by the Chair of Enforcement
Subcommittee
Mr. Ray welcomed the members of the
subcommittee to the meeting and shared with
them his observation that enforcement is a broad
topic that includes a variety of issues. He pointed .
out to the members of the subcommittee and
Exhibit 3-1
ENFORCEMENT SUBCOMMITTEE
Members
Who Attended the Meeting
June 2,1998
Mr. Arthur Ray, Chair
Ms. Shirley Pate, Alternate DFO
Mr. Lamont Byrd
Mr. Luke Cole
Mr. Richard Drury
Ms. Rita Harris
Ms. Lillian Mood
Ms. Peggy Shepard
. '.. _ Mr; Gerald Torres
Members
Who Were Unable to Attend
Ms. Sherry Milan, DFO
Ms. Leslie Beckoff
Mr. Grover Hankins
observers present at the meeting that EPA has a
responsibility to enforce environmental laws and to
inform members of communities about the
enforcement of such laws and involve them in that
effort. Otherwise, he said, there will always be a
need for bodies such as the NEJAC.
2.2 Remarks by the Assistant Administrator,
EPA Office of Enforcement and
Compliance Assurance
Mr. Herman stated his agreement with Mr. Ray's
remarks about the nature of issues related to
enforcement of environmental laws, and
regulations. Such issues, he said, have
ramifications for, all programs at EPA. He
explained to tne members of the subcommittee
that EPA is accountable to many stakeholders,
such as the public, Congress, states, and industry.
In his opinion, he continued, accountability on the
part of EPA, other federal agencies, states, and
industry is a "recurring theme" in the .many issues
related to environmental justice. Mr. Herman also
Oakland, California, June 2, 1998
3-1
-------
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Enforcement Subcommittee
National Environmental Justice Advisory Council
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fS}e.Sl §0$. itif§ agencies often
eeeword "accountability" differently. He
-'" emphasize^'thaFthe first step in holding-industry
^'i^^jS^^cogypigfejg jg.tg, provide to the public
'£adeguate injpjrmation about issues,, of .concern.
Agreeing, Ms. Lillian Mood, South Carolina
Department of Health and Envirgn.rrjeQlgl.CsntrpI,..
stated that EPA should identify constructive ways
to involve all stakeholders meaningfully in
decision-making processes. Mr. Herman then
continued, informing the members of the
Subcommittee about two initiatives to provide to
members of cornmunitiesthe information they
Tleecfto, participate effectively in the decision-
making processes ...of EPA. Those initiatives are
the sector f^jjjty indexing Internet home page and
a study of air programs regulated by state
agencies initiated by EPA's Office of the Inspector
General (IG). (Section 4.4 of this chapter presents
a detailed description of ^p^>s sector Facility
Indexing Project.)
Mr. Ray commented that members of communities
often become frustrated because the division of
authority between federal and state agencies is not
clear. Mr. Herman explained that, unfortunately,
when EPA delegated authority to states for certain
programs, the boundaries of responsibility were
not set Therefore, he continued, EPA and the
states have different views on approaches to
enforcing and ensuring compliance with
environmental laws. Mr. Herman added that the
interaction that took place among representatives
of states, EPA, and communities at the two
Enforcement Roundtable meetings, the
Enforcement Subcommittee sponsored in 1996
and 1997 had clarified many areas of confusion.
He pointed out that the meetings had provided an
opportunity for EPA and states to explain their
programs to communities and had provided
communities the opportunity to comment on issues
related to enforcement and environmental justice,
as well.
The new sector facility indexing home page
established by EPA's Office of Compliance, Mr.
Herman said, provides information about dates of
violations, actions taken by EPA to correct
violations, and the compliance status of facilities.
Mr. Herman then noted that industry had opposed
the establishment of the home page because
industry maintained that the data provided..are.not,
accurate. However, he said, he bejieyes that the
sector facility indexing home page will become an
effective tool for both the public and industry.
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The study of air programs, Mr. Herman continued,
was initiated when the IG conducted a surprise
audit of the clean air program regulated by the
Commonwealth of Pennsylvania. Jhe IG, he said,
had discovered that the state had not..been
enforcing its standards as stringently as EPA
ejects. Taking their' cue from gpA's own
leniency, Mr. Herman observed, enforcement
authorities in many states have come to believe
that they should be mentors rather than enfoisg
regulations strictly. Recognizing the problem, he
said, the IG undertook the survey of all state air
prpgrlms! Mr. Herman stated further that, in
I33"ilion to'tnTstate surveys .conducted,, by the IG,
EPA had increased its own enforcement efforts,
udjpg, he said, "longer jail time for violators,
roina[agenti to investigate violations,
and heavier fines."
Mr. Herman then suggested that the members of
the subcommittee apply the lessons that they
leamed during those meetings to future cases. He
then expressed regret that, because of budget
reductions, EPA may not be able to afford another
such meeting in the near future.
Mr Luke Cole, Center on Race, Poverty and the
.Environment California Rural Legal Assistance
Foundation, mentioned a General Accounting
Office (GAp) study entitled EPA's and...States'..
Efforts to Focus State Enforcement Programs on
Results which addresses economic benefits to
EPA from enforcement actions. He stated that the
findings of the study had indicated that in 80
percent of its enforcement actions against
industries, EPA failed to obtain an- economic
.berjefit Mr, Herman replied that EPA had
qbtained an economic benefit in most enforcement
cases through the use of the computer model
BEN. Exhibit 3-2 provides a description of the
BEN model. He explained further that there is
controversy about the use of the BEN model,
because stgte staffs believe that the model is
difficult to use. Mr. Ray added that states also
prefer flexibility in determining fines, which the
model does not allow. Mr. Herman agreed to
provide the GAO report to the members of the
subcommittee.
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3-2
Oakland, California, June 2,1998
-------
National Environmental Justice Advisory Council
Enforcement Subcommittee
Exhibit 3-2
ECONOMIC BENEFIT FROM
NONCOMPLIANCE/BEN MODEL
The BEN model is an interactive computer
program that resides on EPA's database in
Research Triangle Park in North Carolina. The
BEN model was developed to calculate
economic benefits received by a company that
experienced significant savings or profits from
failure to comply with RCRA requirements.
The program was developed to aid in settlement
issues. After the economic benefit from
noncompliance amount is calculated it is added
to the gravity-based penalty amount. After the
gravity-based penalty amount is determined it
can be adjusted upward or downward depending
on circumstances of the violation. When
adjusting this amount the following factors
should be considered:
• Good faith efforts to comply
• Degree of negligence
• History of noncompliance
• Environmental projects to be undertaken by
the violator
• Other unique factors, including'but not
limited to the risk and cost of litigation
Mr. Richard Dairy, Communities for a Better
Environment, stated that citizen suits to enforce
environmental laws are another means of
resolving issues, because such actions allow
communities to haye a voice in the decision-
making process. Mr. Drury added that citizen
suits.should be in the forefront of enforcement
actions because industry is attempting to curtail
such activities. Mr. Herman agreed that "citizen
enforcement" is another component" of the
enforcement process.
Ms. Peggy Shepard, West Harlem Environmental
Action, Inc., asked Mr. Herman if he was aware of
a recent article in The New York Times that noted
that the number of enforcement actions
conducted by states had decreased 54 percent
over the past year. Mr. Herman expressed
concern about that statistic and stated that most
states have decreased their enforcement
activities because they do not wish to deter
industry from operating in the state. Ms. Shepard
asked what criteria are used to determine whether
EPA will intervene when a state fails to ensure
that industry complies with environmental laws.
Mr. Ray then recommended that the
subcommittee hold a conference call with Mr.
Herman to address such issues. Mr. Herman
stated that he would be available for such a call
and said he would invite staff of EPA's regional
offices to participate as well, to address questions
about specific sites.
The members of the subcommittee then
expressed concern about the perceived lack of
diversity among members of EPA's other federal
advisory committees. The members urged Mr.
Herman to ensure that all categories of
stakeholders are represented on each advisory
committee. Further, the members of the
subcommittee requested that EPA provide a list of
members of all EPA's federal advisory
committees that includes information about
diversity among members of those committees.
3.0 UPDATE ON WORK GROUPS OF
THE SUBCOMMITTEE
This section discusses the activities of the work
groups of the Enforcement Subcommittee.
Exhibit 3-3 identifies the various work groups and
their members. The members of the Enforcement
Subcommittee agreed to form two new work
groups to address issues related to the right of
communities to know about chemical emission
releases and citizen suits.
Exhibit 3-3
WORK GROUPS OF THE
ENFORCEMENT SUBCOMMITTEE
Work Group
on the Open-Market Trading
of Air Emissions Credits
Mr. Richard Drury, Chair
Mr. Grover Hankins
Mr. Arthur Ray
Ms. Peggy Shepard
Worker Protection Work Group
Mr. Lamont Byrd, Chair
Mr. Luke Cole
Ms. Peggy Shepard
Title VI Work Group
Members not yet assigned
Oakland, California, June 2,1998
3-3
-------
'Enforcement Subcommittee
National Environmental Justice Advisory Council
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3.1 Work Group on the Open-Market Trading
of Air Emissions Credits
Mr. Drury, who serves as chair of the
..clp^orai^f's' WorkGroup on the Open-Market
"";tne. NEJAC in response to Enforcement
fi^'v^'^alafiaD , N& Z iPProved by the Executive
1 """ " '"^JSaUQSa ofjhe Ngj^g alffie May 1997 meeting.
IJje members of the subcommittee had
gXpressed concern about EPA's failure to provide
lIK'ldequate response to the resolution. Mr.
Bnjry also reminded the members that the work
,,," gTlupliad requested,. that O^JOT^uct_a£Wiona[.
•i'lpalyses of trii eflects of'the program of open-
:- .market trading of aire_rnissions,,credits .currently in
",,'llii By !h"el§outK Q0a-g£^jpQua|j^ Management
DisWct (AQMD) California, and report the
agency's findings to the subcommittee at the
c'Qffent meeting. Exhibit 3-4 provides an
w*>
ove
Mj^'Jfrenner explained that industries currently
can Buy credits that allow them to exceed
the South Coast
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credits through the automobile scrapping program
that allows jnduslrjes to purchase older vehicles
that would contribute significantly to the
production of ground-level ozone and trade those
vehicles for pollution credits. Mr. Cole asked
whether EPA had performed an.evaluation.of.the
scrapping program. Mr. Brenner replied that EPA
had not completed its review of the program. Ms.
."Felicia Mj^ysJ...AdmLoisJr£tor, EPA Region 9,
^p^lll* —^ EPA had not yet approved the
Scrapping program. Ms. Robin Cannon,
Concerned Citizens of South Central
Exhibit 3-4
THE SOUTH COAST AIR QUALITY
MANAGEMENT DISTRICT
The South Coast Air Quality Management
District (AQMD) covers a four-county region,
including Los Angeles and Orange counties and
parts of Riverside and San Bernardino counties.
The 12,000-square-mile area accounts for half of
the population of the state of California. In the
area, ocean breezes carry pollutants into the
inland valley and the pollutants are then trapped
by the mountains. Heat from the sun causes
reactions between pollutants that in turn produce
more pollution.
South Coast AQMD is responsible for
controlling emissions from stationary sources of
air pollution. Currently, approximately 31,000
businesses operate under AQMD permits. Other
stationary factors that contribute to air pollution
are consumer products such as house paint and
charcoal lighter fluid. Some 40 percent of the
area's air pollution can be attributed to
stationary sources, both businesses and
residences. The other 60 percent is emitted by
mobile sources. Emissions standards for mobile
sources are established by state and federal
agencies, such as the California Air Resources
Board and the U.S. Environmental Protection
Agency (EPA) rather than by local agencies,
such as the AQMD.
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Angeles, added that there is much controversy
;, tjje. strapping program and that many
believe that the cars that are scrapped are
DSt y.e,hjcles. that had been in use. Therefore,
i^Li^ US SS §9Hll3 SSi§t AQMD,,is,,
II|if||§'| f j|i.;p; , .rjg.ycjpg,,the level of aj.r_emjssjons released, she
observed. She Sen stated that communitieg are
nbT receiving any benefits^ and fhaf,,,the program
b'hly brings about additional pollution. Mr.
Brenner replied that the scrapping program
should be subject to an adequate review based
on such issues.
I iii (< 11 H11 in i 11 in i 11'ii'1 in ii i lld
Mr. Brenner then displayed a chart, based on
preliminary analyses, of the toxics produced by
industry, that accumulate in a community and the
additional burden of toxic air emissions placed on
the community through the purchase of air
errjissiQns crgdits. Exhibit 3-5 presents a copy of
Mr. Brenner's chart Mr. Brenner then pointed out
that in addition to Toxic Release Inventory (TRI)
emissions displayed on the chart, this community
is affected by toxic pollution from vehicles, fuels,
and pthgr point sources. He estimated that the
TRI emissions constitute less than a third of the
tptgi toxjc grrjissipns; in the region. He added that
far less than one percent of the community's toxic
air emissions are effected by the open-market
trading of the air emissions credit program. He
also noted that the chart did not include the
benefit gained from reductions in mobile
emissions. Mr"','Cole expressed his disbelief,
stating that every percentage increase is
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-------
National Environmental Justice Advisory Council
Enforcement Subcommittee
Exhibit 3-5
1995 TRI Data
'Highest Annual Foregone Reductions
Total TRI
important, more so in those communities that are
located .near industries that purchase the air
emissions credits. Mr. Dairy stated that the
emissions cause a disparate effect on those
communities, while other communities benefit.
Mr. Brenner replied that EPA had used the trading
program as a tool to reduce air pollution by
providing economic incentives to industry to meet
more stringent air quality standards. He added
that EPA had experienced success related to the
trading programs for sulfur dioxide (acid rain) and
lead emissions. Mr. Brenner stated further that,
unless the effect of these toxic air emissions can
be demonstrated to be significant and focused in
disadvantaged communities it is difficult for EPA
to bar the South Coast from implementing the
program. Mr. Brenner also stated that the auto
scrapping program is used to receive the same
overall pollution reduction benefits, without
financially limiting industries. Ms. Rita Harris,
Mid-South Peace & Justice Center, suggested
that Mr. Brenner explain EPA's position to a
citizen in the community he had used as an
illustration. Ms. Cannon then stated that, she
would take the part of a citizen of that community,
and asked Mr. Brenner why EPA does not require
industry to eliminate the pollution at the source.
Mr. Brenner replied that the South Coast AQMD
had various options from which to choose and
chose to use the open-market trading of air
emissions credits program to reduce its toxic air
emissions. Mr. Ray stated that EPA should'
examine programs for appropriateness before
they are implemented and should determine what
the true effects on communities might be.
Mr. Brenner then outlined for the members of the
"subcommittee EPA's , position on spatial
averaging, a process underwhich state air quality
agencies average particulate matter readings
from several air quality monitors located in a
particular region. Mr. Drury reminded Mr. Brenner
that the Executive Council had forwarded to the
EPA Administrator a resolution developed by the
Enforcement Subcommittee that urged EPA to
revise its particulate matter air quality standards
to ensure that there are no discriminatory effects
on low-income communities and communities of
color caused by the use of spatial averaging. Mr.
Brenner then continued, stating that EPA had
implemented a rule under the standards for fine
particulates that allows readings from areas in
which high levels of particulates are detected to
be averaged with those from areas having low
levels of particulates, He stated that, even though
such averaging is allowed, safeguards are built
into the process. More than 250 air monitors
located in the South Coast area would identify
any overburdening of a community caused by the
spatial averaging, he continued. In addition, he
.pointed out, only air monitors that record
particulates at levels within 20 percent of each
other can be averaged. EPA currently is
conducting a five-year review of the spatial
averaging program, Mr. Brenner then explained.
Ms. Mood, then1 asked Mr. Brenner who chose the
locations of the air monitors. Mr. Brenner
responded that the state of California decided
where to place the air monitors and that EPA had
the option to disapprove any location. Mr. Ray
strongly recommended that EPA provide better
outreach and education to communities to
disseminate information about the agency's air
program because of the highly technical nature of
issues related to air. He expressed concern that
OAR had not convinced communities that they
are involved effectively in the decision-making
processes.
3.2 Worker Protection Work Group
After spme discussion, the members of the
subcommittee agreed that the work group had
lost focus since Mr. David Harris, Land Loss
Prevention Project, resigned his membership on
the NEJAC. Mr: Herman suggested that the work
group focus on employees of. ship scrap yards
because, he said, conditions at the yards are
"unsafe for employees and cause environmental
contamination." Mr. Lament Byrd, International
Brotherhood of Teamsters, then agreed to serve
as chair of the work group.
Oakland, California, June 2,1998
3-5
-------
I >
Enforcement Subcommittee
National Environmental Justice Advisory Council
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3.3 Work Group on Title VI of the Civil Rights
II j. Act i ~~ '
dispute resolution was to be available in May
1999.
IH^^^^^^^ :•:
e ..... .............. members, ....... , ...... ...of .............. the
6, ....... Saun^l ..... ,°l ..... tbs ........
,|JAC ..... fiad ....... forwarded ....... to ........ EPA's ........ Office ...... of ....... Civil,
".'•Tllghti ................... (OCR) comments prepared by trie
subcommittee's Work Group on Title VI of the
' Rights Act of 1964. Mr. Ray stated that the
llllllli!llllliiiiirtiiiiiiiiiirniii ............... • ............ .................................................. '" ................. ' .............................. ' ............. • .......... " ....................... '-" [[[
Mj& ;l§rs ............ ::; prepared . by - various
rnawng_ the document very credible.
strongly ....... suggested ........... that ........ the agency
....... • ...... J* ................ " ........ "• " ..... ' ' ............. v" ..... "• ...... :jf " • ..... 'SfSder the cornnTents when developing the final
[[[ l ...... that ....... EPA,
group under tre National
;' ; : ::;;;:;:;; ;;:;;;;;;;:;' ::|.;:;;;::: r, .JSvisory Council for ....... Environmental ........ Policy and
LII|!B "'«-"'" ....... '"'"" ..... ~"; ..... to ..... address issues related to Title VI.
Bay then suggested that the subcommittee's
group goffer'''Its support to EPA's Title VI
" The members agreed to do so and
piiggested further that the subcommittee's Title VI
groupJielp to define more accurately what
a community that has concerns
The members, of,
„_ ^._ „ ^ g^. ^
sis t; yl3ffim:ii];itte:e'S wgrk_;:,, group examine EPA's
lifjjp with" states with regard to efforts to
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,; , ,, f, „ r, , , ,„„ ,. ,™ , ^^liSSSMSAWO REPORTS ,
[fej m 5! i^
11;;f |(3gtt££* Mjta-i:Ihi|,,,s,e^feojumma_rEes the presentations, made
" * """"" " • ^/ji'i'.-.I.Ijll.i jgpb'ris s"ugmjf|gd fb 'the Enforcement
Suic,pmmjttee_ on issues related to enforcement
and compliance assurance.
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' .4.1 Regort onr Use of Alternatiye ,iiD|sputei_
::''":": ™ : ^T^oTu€on Delated to"' Environmental
M[. Bat§0n stated that the use of a neutral
mediator bad proven successful in negotiations
among communities, EPA, states, and industry on
issues related to the promulgation of rules. He
explained that EPA uses a neutral mediator to
choose members of a .cgmrnuoity to provide
comments on proposed regulations. , He stated
that the exercise has resulted in a 60 percent
decline in the number of cases in which
regulations are brought before the courts. He
added, that if a community is not comfortable with
trie mediator, funding should be set aside to hire
a mediator that the community believes would
best represent its interests. Mr. Batson then
asked the members of the subcommittee their
views on the role of a neutral mediator in public
participation processes.
Mr. Cole responded that the most common
cnticism of the use of a neutral mediator is that an
imbalance of power already exists between
communities and federal or state agencies or
industries involved in the decision-making
process. Ms. Mood stated that some neutral
mediators, ,arei not neutral at all, and.. Mr. Byrd
' adped'Ihit in some pases', a neutral mediator can
dejay a confrontation that actually may be
Jiecfss|ry7'ME "|_ja-m-gista'j:eij:j ^^ many obstacles
must be pyercqrne when working with the
community, especially if the services of an EPA
mediator are used. Mr. Batson conceded that,
sometimes, neither he nor any agency mediator
'ifiiy ' Hi the right me^jato'r for a partjcu|ar
situation.
, Alternative Dispute Resolution
jaison for EPA, identified .......... two ....... objectives of
-•-- ~
ajjd other eotities use to settle issues before
|j:!||gaHon is pursued by a ..... complainant. ........ The twq ......
.... _,_,, ............................ , ..........
l^iniiGt"iii
-------
National EnvironmentaUustice Advisory Council
Enforcement Subcommittee
subcommittee schedule a conference call to
discuss the issues further.
4.2 Report on Demographic Studies in
Environmental Justice Matters
Mr. James Thompson, EPA Region 3, Office of
Criminal Enforcement, began his presentation by
stating that the first step a criminal investigator at
EPA takes in a case is to determine whether the
case involves concerns related to environmental
justice. To. support that determination, he
continued, EPA Region 3's Criminal Investigation
Division had developed a screening tool, a
computer program that assesses the
demographics of a population within a three-mile
radius of the site .of concern. Mr. Thompson
explained that the data related to demographics
are extrapolated from the 1990 U.S. Census. The
program provides such information as the
percentage of the population made up of
minorities, the percentage of women who are
pregnant, the percentage of the population living
below the poverty line, the number of children,
and the level of education. Mr. Reginald Harris,
EPA Region 3, added that if the percentage of
minorities within the three-mile radius exceeds
the average percentage for the state, EPA
identifies that area as one that has concerns
related to environmental justice. Mr. Ray urged
that Mr. Thompson share the program with the
states in EPA Region 3. Mr. Thompson replied
that the program is used only as a screening tool,
but added that, eventually, it will be made
available to the states and the public.
4.3 Report on Demographic and Statistical
Applications Related to St. James Parish,
Louisiana
Mr. Loren Hall, EPA Office of Pollution Prevention
and Toxics, discussed the demographic and
statistical analysis conducted by EPA' of the
Shintech polyvinyl chloride (PVC) -facility that
Shintech Corporation has proposed to build in St.
James Parish, Louisiana. Exhibit 3-6 discusses
the Shintech Proposal. Mr. Hall explained that
the area in the vicinity of the proposed site had
been studied in increments of one-, two-, and
four-mile radii of the center of the proposed site.
The analysis was based on the proximity of
residents to a potential source of air emissions
and on historical data on releases used as the
assumption for exposure to toxins, he said. In
addition, Mr. Hall explained, only chronic
symptoms were included in the assessment of the
Exhibit 3-6
HISTORY OF OPPOSITION TO THE
PROPOSED SHINTECH FACILITY IN ST.
JAMES PARISH, LOUISIANA
According to the Toxic Release Inventory, St.
James Parrish currently ranks third in Louisiana
in the level of industrial pollution affecting it.
The city of Convent is situated in a heavily
industrialized area, located in St. James Parrish,
Louisiana. Currently, approximately 2,000
people live in Convent, of whom 73 percent are
African American and 40 percent live below the
poverty level.
Shintech Corporation plans to construct and
operate a polyvinyl chloride production facility
in St. James Parrish. Shintech estimates that its
proposed facility (excluding the incinerator)
annually would release approximately 600,000
pounds of pollutants. That figure is. six. times the
amount of pollutants currently being released
from existing industries in the area.
Louisiana Department of Environmental Quality
currently is considering whether to grant
Shintech an air permit that will allow
construction of the facility.
effects on public health of potential air emissions
from the facility. Mr. Hall added that the data for
the analysis were obtained from information in
EPA'sTRI, the state of Louisiana, and a database
of population statistics. Mr. Cole stated that he
believes that, by identifying the populations that
will be affected by the facility by measuring from
the center of the proposed site, EPA is "missing"
other populations. He suggested the radii be
drawn from the boundaries of the proposed
facility, instead of its center.
Mr. Drury suggested that the analysis should
consider acute as well as chronic effects on
human health. In additio^he stated, types of
toxins potentially released also should be
considered in the analysis. Ms. Mood asked
whether other impact analyses.'specificaliy the
demographic data provided by Tulane Law
School also were incorporated into the study. Mr.,
Hall replied that information will be incorporated.
Mr. Hall reported to the members of the
subcommittee that the analysis on the proposed
Shintech facility had been published in January
Oakland, California, June 2, 1998
3-7
-------
i:":i,.'::iiz:-.ir': ::,"=' .i-i: i"; Enforcement Subcommittee
National Environmental Justice Advisory Council
OppHlip! ....PI,,*,!.,; p „ 1,1 Illttir; II, .,,,..;,!"" ii i, ,l,,,',» ll!,'.| ,Pl.l !. ''Pi, .IWPI'P,, P"', ,.'
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. flKiifUNrui.'.!*^.^^ ici'ii .I"! iiiiajiii.!:'1'''.:
revised JO April 1998. He explained that
jpi,piillpii,Si,,,,i,,iil,,|rijl WPP"!;!! P: liWlplwiLiMPiiP,,,
i sj1.. i,!y« f i' life. i .i ,i* ,i :Si; .'
analyses had been completed for the
In" ffii" ong-Sii ~two:, and four-mile radii.
ffis/; £ss,;, sstf;^ ^rjjowever,' Re added, onTy'the results for the areas
i:": ::":=;,,,:::"":1""°',"':::::jn the two-;and four-mle.radiLwer.e.bejng used to -
H;:'™ •:*>. '„: Determine whether a disparate effect on minority
jrai :,i::::, *•« - tSF'lQW-incbrne populations will occur in St. James
B facility is constructed. Mr. Hall stated
'*"•*?:".:!'::' ^^^r^mS^sj^^ on the. World .Wide.'" V
""febif.
iAm ill Ii 1 , ' • i,:;! • J' ' « i;;"a, , ' ffiEii 1 ;
'iiiiiip.i"ii..|!Ii|i., ''I,,'i"11",
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•'•;" j; ,i:T;;;;,,, :jl54 gggort on the Sector Facjlity Indexing
''JM^SM'M! Project
1 ''Slili'M"1!1'1 ii I!1 il!PP!'i!lili< '
i>iiii,pi,>p,i,, ,.i 'iiijiii.il.!! ''iii
' ';r ; '- ; :"""l!lli';::'' "R/lr Elliot Gliberg"'' EPA office of Compliance,
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;-;;-;:'.lexplainea to the members of the^subcornmittee
II'.)! m •!!;:,,!||||!, .'-,iT,,il|attie, §§c|Qr,Eicility Iridexing'Project (SFJP) is
^';"!;,;^^ pjtot program" that provides consolidated
'"*''^^Sfenii^pn _abg^jjjg rjistory of compliance with
I* iiri Sw-'it*'; *'"ri''"!"STOirormien^iJ^s Jiy- many industrial facilities.
" IP integrates and
ii'iSjnsplISItes irifofipaSin. that can.be used by the
Iffii'Lll'ifc'fsM.-^r ii public, as well as" by government organizations
and industry, to evaluate a company's compliance
ili-i",
icilihej
lfSj|l.8sa-I1SSlibji SbZ. §M!Hffl,a,nzes, the, .types of
" ,T5Jr" pjgy"a-s(^g wTJether EPA "plans to expand tfie
database to include chemical industries. Mr.
Gilberg responded that EPA will evaluate the
success of the pilot, and then may expand the
database to include more than five sectors. Ms.
I1"!!1:!;'!,::,",: !:H!!B! iifi!'11 „,"
ir .'.|.;,,t' iiiKt>nr:''-K»..
!•'1:1'I'.'».(• 'llji1'!!!! , •: I J!
uiillxl'li'll.':!!!!!.!!!.,, 'iiii. .iiiilill '."ll'li,'!"! i
THE SECTOR FACILITY INDEXING
PROJECT (SFIP)
The U.S. Enviroiiiental Protection Agency's
(EPA) Sector Facility Indexing Project (SFIP)
provides citizens, government agencies, and
industry with comprehensive information about
the compliance history of approximately 650
facilities in five different types of industries
known as sectors. The SFIP provides recent
environmental data about each facility, including
information such as the number of inspections
the facility has undergone, its record of
compliance with federal regulations, its
chemical releases and spills, and related data.
SFIP also includes bac^round data on the
location and production capacity of each facility,
as well as information about the population of
the area in its vicinity.
| iifjiiit,,!,:, ii-i iiBiiKi.'" !«,
^''t*^;^;'!1! ',•'*•!
•T j,' (" l/flmllilff"1!1' liHi mill, ,:' li!!!1! '
Inl'T ",:ilHll!!!|'!",L: l«.'»i!!"l I'fli. I1'*1
I: IT fii :|, •;|!l,i<|lll:' v !*: ' I'1"
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Mood suggested that symptoms associated with
chemicals manufactured at a facility should be
Jinked to the National Library of Medicine
database, since citizens then could determine
whether they have been exposed to such
chemicals.
4,5 Report on EPA's Compliance and
Enforcement Program Related to Lead-
I Paint
:' I
Mr. Gilberg then briefed the members of
subcommittee on EPA's compliance and
enforcement program related to lead-based paint.
Mr. Gilberg explained that common pathways of
exposure to lead-based paint include household
dust that contains lead paint; paint chips from
walls and windows; and flaking exterior house
paint that falls onto soil, where lead leaches from
the flakes into the soil. Mr. Gilberg informed the
members that children of color under six years of
age have the greatest risk of poisoning by lead-
based paint. Because of the health risks to
children, EPA has developed and implemented
the National Lead Strategy Regulatory
Framework he added. Exhibit 3-8 presents
, information about EPA's National Lead Strategy.
Exhibit 3-8
U.S. ENVIRONMENTAL PROTECTION
AGENCY'S (EPA) NATIONAL LEAD
STRATEGY REGULATORY
FRAMEWORK
EPA has developed the following strategy using
a regulatory framework to prevent further
contamination and poisoning of children related
to lead-based paint.
• 1018 Disclosure Rule - EPA requires
owners of a house built before 1978 to
disclose known information about lead paint
to buyers and tenants. Offenders are subject
to criminal and civil penalties
• 402 Lead Abatement Rule - Lead abatement
professionals must be trained and certified.
Training programs must be accredited by
EPA
• 406 Renovation Rule - Requires contractor
to distribute information prior to renovation
• Lead Debris Rule - Revises the
requirements to make it less expensive to
dispose of lead-based paint products.
ilfnUi"! I It:!!!!!" f lu'llU".. "•• III!-III1:!1 f.'K.'M
1 i "in... 'i..:.,1', i :•'. ,•> 'nil,.;
• Oakland, California, June 2, 1998
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-------
National Environmental Justice Advisory Council
Enforcement Subcommittee
Mr. John Hamill, EPA Region 9, reminded the
members of the subcommittee that the danger of
lead-based paint also exists;at day-care centers
and playgrounds.
4.6 Report on EPA's Small Business
Compliance Assistance Centers
Mr. Gilberg also spoke to the members of the
subcommittee about the EPA's Small Business
Compliance Assistance Centers Program. Mr.
Gilberg explained that the small business
compliance assistance centers are an innovative
approach to helping small ,and medium-sized
businesses nationwide better understand and
comply with federal environmental requirements.
The program, Mr. Gilberg reported, is supported
by EPA's Office of Compliance. Each center, he
continued, has an Internet home page that
focuses on a particular industry and is operated in
partnership with industry, academic institutions,
environmental groups, other federal agencies,
and state agencies. Mr. Gilberg stated that the
goals of the program are to assist small
businesses by helping them to:
Identify the s specific federal environmental
regulations that apply to their particular
businesses
Take appropriate steps,to improve their
compliance with environmental regulations
Consider pollution prevention approaches
and environmental improvements that will
increase profits and save money for the
company ,
Mr. Cole asked how the Internet home page sites
are advertised. Mr. Gilberg stated that EPA
advertises primarily through conference trade
shows and small business trade associations. He
asked whether the members of the subcommittee
had any suggestions for better distributing
information about the centers. The members of
the subcommittee recommended conducting
outreach to technical and vocational schools, as
well as to state small business ombudsmen. ,
5.0 SIGNIFICANT ACTION ITEMS
The members of the Enforcement Subcommittee
adopted the following significant actions:
• Form two work groups to address
environmental justice concerns related to
citizen suits and community-right-to-know
information about chemical emission
releases.
• Forward a letter to the Administrator of EPA
in which the NEJAC requests that EPA
provide to the NEJAC a complete list of the
agency's federal advisory committees that
includes information about diversity among
members of those committees and the steps
EPA takes to ensure that each committee
integrates considerations related to
environmental justice into its efforts.
Oakland, California, June 2,1998
3-9
-------
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-------
MEETING SUMMARY
of the
HEALTH AND RESEARCH SUBCOMMITTEE
of the
NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
June 2 ,1998
Oakland, California
Meeting Summary Accepted By:
Lawrence Martin Mary English
Co-Designated Federal Official Chair
-------
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CHAPTER FOUR
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 one-day meeting on
Tuesday, June 2,1998, during a four-day meeting
of the NEJAC in Oakland, California. Ms. Mary
English, University of Tennessee Energy,
Environment, and Resources Center, continues to
serve as' chair of the subcommittee. Mr.
Lawrence Martin, U.S. Environmental Protection
Agency (EPA) Office of Research and
Development (ORD), and Ms. Carol Christensen,
EPA Office of Pollution Prevention and Toxics
(OPPT), continue to serve as the co-Designated
Federal Officials (DFO) for the subcommittee.
Exhibit 4-1 presents a list of the members who
attended the meeting and identifies those
members who were unable to attend the meeting.
This chapter, which provides a summary of the
deliberations of the Health and Research
Subcommittee, is organized in six sections,
including Ms Introduction. Section 2.0, Remarks,
summarizes the opening remarks of the chair and
Ms. Christensen. Section 3.0, Activities of the
Subcommittee, summarizes discussions of the
activities of the subcommittee. Section 4.0,
Presentations and Reports, presents an overview
of each presentation and report received by the
subcommittee, as well as summaries of the
questions and comments the presentations and
reports prompted on the part of the members of
the subcommittee. Section 5.0, Summary of
Public Dialogue, summarizes presentations
offereg during the public dialogue period provided
'by the subcommittee. Section! 6.0, Resolution
and Significant Action Item, presents the
resolution forwarded to the Executive Council of
the NEJAC and the significant action item
adopted by the subcommittee.
2.0 REMARKS
Ms. English opened the meeting by welcoming
the members and reviewing the agenda for the
day's deliberations. She noted that the agenda
would be adjusted to allow the subcommittee to
consider the emergency resolution on dioxin
contamination in the San Francisco Bay area
requested by Mr. Greg Karras, Communities for a
Better Environment, San Francisco, California
Exhibit 4-1
HEALTH AND RESEARCH
SUBCOMMITTEE
Members
Who Attended the Meeting
June 2,1998
Ms. Mary English, Chair
Ms. Carol Christensen, co-DFO
Mr. Lawrence Martin, co-DFO
Mr. Don Aragon
Mr. Douglas Brugge
Mr. Michael DiBartolomeis
. Ms. Rosa Franklin
Mr. PennLoh
Mr. Andrew McBride.
' Ms. Marinelle Payton
Mr. Carlos Porras
Members '
Who Did Not Attend
Mr. Eugene Peters
Ms. Magaret Williams
during one of the public comment periods held on
June 1, 1998. Ms. English pointed out that a
decision must be made on the issue. Ms.
Christensen informed the members of the
subcommittee that she had accepted another
position at EPA and would no longer serve as the
co-DFO. However, she stated, Mr. Chen Wen,
EPA OPPT, would assume the position of co-
DFO, beginning with the November 1998 meeting
of the subcommittee.
Ms. English introduced Mr. William Sanders, EPA
OPPT, who briefly reviewed the activities of his
office. Mr. Sanders then asked the members of
the subcommittee to identify during their
deliberations the "top two or three" research
needs they would like his office to examine.
3.0 ACTIVITIES OF THE SUBCOMMITTEE
This section summarizes the discussions of the
members of the subcommittee related to certain
Oakland, California, June 2,1998
4-1
-------
||!M^^ IH^^^^^^^ WIWflBtaera . •
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•Health and Research Subcommittee National Environmental Justice Advisory Council
I
activities in which they were scheduled to
participate. Th°se activities include a risk
,^§§§§§il]§Qi!£!!^&bl€ mgejng and a proposed
•5 joint meeting of the subcommittees of the NEJAC
IpmbejS .sf EFVVs. Childrenls Health
Precinv Committee (CHPAC), a body
Sii^yGiir.! ,SJ§ IsisS'
_ oryComrntteeAct (FACAj! " The ' two
'•"•*•« '•** "'aQiMife arg, Jllic,:y,§§ld furtjier bejow.
IJjM'w&il IS^^^^^^^ !
Development of a specific definition of risk
assessment ..,,..,„",
Consideration that a comparison of adverse
risks can lead to misunderstanding on the
part of the community
(ill !«^^^^^^^ ;'t«i IF
Study of whether the level of risk should be
resented as^a single value or as_a range of
!yes7"I'"""""""'',"""" "7"",""!!!, ','.,'.'„ I
ill!1 (iliyiil'llfirihV'lK1 '••'!
'"I~'||E^
! • • -Office of Environmental Health Hazard,,,,
dfecussion* of, the Risk
scheduled for
spring 1999. He requested that the Health and
Research SubcQipmittee take part in the planning
of the meeting. Specifically, he asked whether
the planning of the meeting should be a
collaborative effort of all members of the
'jil
II Liillii,
II
II III IIIIIIIII
I Ill 11 1 111. J J IIIIIIIII I Hill
subcommittee or a responsibility delegated to Mr.
Carlos Porras, Communities for a Better
Environment, and himself. The members agreed
tfiaf, contributing to the planning and organization
of the forum would be an appropriate activity for
the entire subcommittee.
i iiiiii 11 mi i nil i n ill inn n n n 11 in 11 n n n Hill
Mr. DiBartolomeis also requested that members
"6f the subcommittee jsuggest issues to be
discussed at the "me,ejpg. The members first
discussed several aspects of risk assessment,
particularly those related to the concept of
Cjornrnunity-basedenvironmental protection
(CBEP) and cojnniuj^Jnvolvement in activities
related to reguTatory'iSeci'slon-rnaking processes.
The members of the subcommittee identified
several issues that they agreed participants in the
roundtable meeting should consider. Those
linn Jill 11 n HI mi I iiy iiiiii n i iiiiii iiiiiiiiiiiiiiiiii 3
issues included:
• Examination of limitations on the
methodology of risk assessment that make it
difficult to consider such issues as exposure
of sensitive populations and children to risk,
cumulative effects of exposure to chemicals
in individuals in the United States, the effects
of additives and chemical mixtures, and the
Use of the risk assessment process as a tool
for, gathering information
• Assessment of existing health conditions in
populations at risk and the use of such
baseline assessments
• Exploration of the limitations of the standard
risk assessment process
iiiiiiiii MIII iiiiii inn 111 Mini ii n in i i i in
i'Mri_ DiBartoJorneis sfe.regl to continue the,,,
discussion of possible topics with various other
interesjed parties, mentioning specifically the
..NEJAC's.yVfegteand Fjcjlity Siting Subcommittee.
3.2 Joint Meeting with Members of the
Children's Health Protection Advisory
Committee
.After, explaining that the subcommittee would
have the opportunity to conduct a joint session
wjth members of the CHPAC when the two bodies
meet in the same location in November 1998, Ms.
English introduced Mr. Ted Coopwood, EPA
Office of Children's Health Protection (OCHP),
who reyiewgd the status of preplanning for the
sesslonrMrj^Qopwood no'fed that such planning
is in its early stages, adding that the goal of his
office in planning the event would be to provide
ample .opportunity for interaction among the
"many groups" expected to attend. His office had
made a specific decision, he continued, to delay
development of the agenda for the meeting until
after the curient NEJAC meeting, so that the
members of the NEJAC would have the
opportunity to express their views on the subject.
He asked the members of the subcommittee to
suggest agenda items and to share with him any
other suggestions they might have.
Mr. Porras then stated that it is important to
consider issues affecting children's health from
the perspective of race. He expressed deep
concern about the number of schools the
members of the NEJAC passed during the driving
tours of communities affected by issues of
environmental justice that take place during each
of the council's meetings. Children attending
those schools, he reminded the members of the
subcommittee, are at risk. Identifying several
major issues affecting children's heath, including
contgmination of their neighborhoods with
mercury and pesticides, Ms. Marinelle Payton,
Harvard Medical School, stated that children's
health must have high priority. Citing the high
iiiiiiiii
!l|lIIIIIIIH,: llpillrniw
Illlillillltf '
4-2
Oakland; California, June 2,1998
•ii ill i in
ii i ill ii 111 iiiiiiiii in in
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11 in i ii
ill ill 111 Illlll IIIIIIIII
'I I""-
-------
national Environments! Justice Advisory Council
Health and Research Subcommittee
rates of asthma among children of color, she
stated that issues related to air quality, both
indoor and ambient, also must be accorded such
high priority. Mr. Douglas Brugge, Tufts
University School of Medicine, then stated that
environmental .quality in schools should be
examined in light of the Civil Rights Act of 1964.
Mr. Rosa Franklin, Washington State Senate,
then suggested that the members consider the
subcommittee's responsibility to ensure that a,
collaborative effort is undertaken to address such
issues. Noting that such a collaborative effort
must occur at the state and local levels, Mr.
Andrew McBride, North Carolina Department of
Health and Human Services, then stated that
providing medical care to children who suffer from
asthma and teaching children to manage their
asthma also must be among the priorities.
The members of the subcommittee then engaged
in a brief conversation about the opportunity such
a meeting would provide for the NEJAC to ensure
that the CHPAC includes issues related to
environmental justice in its deliberations. Mr.
Coopwood offered to provide the members of the
subcommittee with copies of the Children's Health
Environmental Yearbook, an inventory of EPA
initiatives related to children's health that was
developed by EPA OCHP. The members agreed
to review the document and provide their
comments to OCHP. \
4.0 PRESENTATIONS AND REPORTS
This section summarizes the presentations made
and reports submitted to the Health and Research
Subcommittee.
4.1 Office of Pollution Prevention and Toxics
Mr. Sanders discussed the initiatives related to
environmental justice that OPPT is implementing.
Those initiatives include: EPA's Chemical Right-
To-Know Strategy (CRTKS), the Environmental
Justice Spatial Analysis Tool, and the
Environmental Indicator Tool. Each of those
initiatives is discussed below.
4.1.1 Chemical Right-To-Know Strategy
Mr. Sanders explained that EPA's CRTKS,
formerly referred to as the Toxics Agenda, calls
for the development of screening data in various
categories according to level of toxicity, including
acute, chronic, reproductive; and ecological
toxicity; fate; and mutagenicity. Data are to be
developed for some 3,000 "high-production"
chemicals, he continued. Currently, Mr. Sanders
stated, there are sets of screening data for only
seven percent of such chemicals. EPA's goal, he
continued, is to develop a complete set of
screening data for each of the remaining
chemicals over the next three years. Mr. Sanders
. then described the three components of CRTKS:
Challenge industry to screen 1,000 chemicals
per year, greatly accelerating the rate of 100
chemicals per year to which the Chemical
Manufacturers Association (CMA) currently
has made a commitment
• Accelerate screening for 491 chemicals that
are found in toys and other products for
children
Identify and lower the threshold values for
chemicals included in the Toxic Release
Inventory. (TRI), a database that provides
information to the public about releases into
the environment of toxic chemicals that have
persistent bioaccumulative properties
During their discussion with Mr. Sanders about
his presentation, - the members of the
subcommittee expressed concern about several
factors related to the CRTKS, including the
establishment of priorities among chemicals for
inclusion in the screening program. Members
expressed specific concern about newly
formulated compounds. Mr. Sanders responded
that EPA has in place a process by which it
reviews new compounds to assess their possible
environmental effects. Of greater concern, he
added, are chemicals that might be eliminated
from testing by "grandfathering" under the Toxic
Substances Control Act (TSCA) of 1976. He
added that the focus on the 3,000 chemicals
already identified for inclusion is a first step in
establishing priorities for the program. He then
noted that some members of the industry had
cited lack of sufficient laboratory capacity to meet
the goals of the program, but stated his belief that
capacity is adequate to the task. Continuing, Mr.
Sanders stated that the agency is proceeding with
rulemaking that will compel the industry to do the
testing necessary to meet the goals of the
program. The basic goal of the program, he
added, is to identify harmful chemicals, eliminate
them from the market and from products, and
bring safer substitutes to the market.
Oakland, California, June 2,1998
4-3
-------
Health and Research Subcommittee
National EnvironmentalJustice Advisory Council
:»;~ ::: -;;;: 4.1.2 Environmental Justice Spatial Analysis
iiicm t'S v^iiiiiiiiijii1;: Tool
Exhibit 4-2
'1; H«i»iiiii3ii. Ki o 'i
:, Sanders explained that EPA had made little
jgres's"since, the lastmeeting of the NEJAC in
t&e development of the Environmental Justice
-iiii>iii iiiiiiiiiii:• ::i i; iSpatial Analysis Tool. He _ stated that the., effort,,
', "^Z^ JI" .IfiMIl^nlilswiirbecause, a key staff member
i^ri"'^''^:::: iWorWng on the project had been assigned to
pjjjljfljjl;., :< i si! • vfjjgfjonn analyses iri the case of the chemical
:ssj;ssi' ;;ii:": ;i "iiiijfpility proposed by the Shintech Corporation near
11= IS iS"":!'S&nvent, Louisiana. Mr Sanders reminded the
•'LfTneThbers of the subcommittee that his officehad
"yenpnstrated the tool forthern during an earlier
"meeting. He then stated that OPPT currently was
•"putting the finishing touches on the .tool, "..which,
• fie" a"39e3, should be.a.yajjabje by the end of the
r11;;. i mi I'KiM'i
year.
twmvtrii* a IK
;™
drbnmental indicator^Tgpj, Mr. Sanders
!:^:~^ according to
iir^fvI^'ffiirK^oxlciiy'fo each chemical reported to the
sighted value for risk then can be
i according to its chronic
toxicily, he continued, noting that the tool had not
yet been adapted to examine acute toxicity.
^^nTTOug^apjjjication of the tool, Mr. Sanders said,
Bxlcityi relative exposure, and the population
affected can be assessed to develop a weighted
L^gysluiisQ of.relative risk. Mr...Sanders then,
stated that the Environmental Indicator Tool
September
M.!!*
'998,
...... 4.2 Lead-Based Paint Study
»^^
..... ;
, ..... ||,|s ............... Eogjish ............. reminded .......... the ................ mernbers .......... of ........ the
;;lgB
-------
National Environmental Justics Advisory Council
Health and Research Subcommittee
describing several programs in which the institute
is involved that address such issues as temporary
housing for people whose homes require lead
abatement and the screening of children for
exposure to lead. Mr. Farfel then reviewed the
history of lead exposure problems and abatement
efforts in the city of Baltimore since the 1930s,
highlighting his remarks with slides illustrating
conditions in homes in Baltimore over the years.
He pointed ouf that, in older cities like Baltimore,
much of the housing has lead-based paint and
that, in low-income neighborhoods, the housing
often is in poor condition as well, increasing the
risk of exposure tp lead. The system of screening
for lead hazards/ he continued, traditionally
provided for abatement efforts only after, children
had been exposed and become ill. Because
abatement efforts even in such circumstances
were incomplete, he added, many children
returned to homes that remained unsafe.,and
.therefore required repeated medical treatment.
Mr. Farfel noted that lead-based paint was used
in America for more than TO years, until 1978,
when it was banned. Therefore, he said, "we are
now dealing with a large reservoir of lead."
Mr. Farfel then showed a series of slides that
illustrated traditional methods of removing lead-
based paint, which, for a number of reasons, were
ineffective, he said. Cleanup was haphazard, he
noted, and debris from the cleanup effort seldom
was disposed of properly. The introduction of the
lead dust test, he said, began'the process of
demonstrating that such efforts had been
unacceptable. Results of such testing, he pointed
out, indicated clearly that traditional approaches
to lead abatement did not succeed in removing
lead hazards. He then identified improvements in
abatement practices that had been introduced
since the 1980s and described the efforts of
community groups and city health officials that
had led to the adoption of those practices.
Mr. Farfel then reviewed current conditions in the
city, turning his attention to the repair and'
maintenance study.
The objective of the repair and maintenance
study, Mr. Farfel continued, was to measure both
short- and long-term changes in blood lead levels
in children and in lead levels in house dust
associated with abatement efforts. For the study,
he continued, three levels of repair. and
maintenance were selected, and researchers then
tracked reductions in blood lead levels related to
each of the three levels at six month, one year,
and two year intervals after the completion of the
abatement effort. While outlining the mechanics
of the study i Mr. Farfel confirmed that it had been
necessary to the purpose of the study'to require
that housing included in the study have lead-
based paint present. He noted that the housing at
all three levels of repair had been subjected to
paint stabilization.
Mr. Farfel then described the sampling of dust,
soil, drinking water, and venous blood carried out
for the study, as well as a questionnaire used to
identify other factors that might affect blood lead
levels in a particular household. Continuing his
presentation, Mr. Farfel stated that the results of
the effort had been reported to the Baltimore City
Health Department and that information about
issues related to lead-based paint in housing had
been distributed to the families involved in the
study. The families were informed by letter of the
results of the sampling, he added. Concluding his
presentation, Mr. Farfei reported some results of
the study, which included evidence of sustained
reduction at all levels of repair.
Mr. Farfel's presentation prompted extensive
discussion among the members of the
subcommittee, with, several questioning the
methodology of the study, citing serious concern
about the ethics of the approach. Mr. McBride,
stated that he found it disturbing that children had
been "canaries in the coal mine," pointing out that
children had been provided no protection from
exposure to lead, even though it was clear that
such exposure was occurring. Ms. Payton, Mr.
Porras, and Mr. Brugge -expressed
disappointment about Mr. Farfel's presentation,
stressing a number of ethical concerns about the
conduct of the study, particularly with regard to
the conduct of research that involves young, low-
income children of color, coupled with failure to
address evident health problems that have long-
lasting neurological effects. Other members of
the subcommittee expressed the opinion that the
purpose of the study was to evaluate the relative
effectiveness of various measures to improve the
families' living conditions, not to conduct medical
interventions.
Mr. Porras stated that he also had been
"disturbed" by both the tone of the presentation,
which he described as arrogant, and its focus. He
had wished, he said, to hear a discussion of the
ethics of the study, not its conduct. Mr. Don
Aragon, Wind River Environmental Quality
Commission, elaborated on that view, adding that,
in his opinion, individuals found to have elevated
blood lead levels should have been removed from
Oakland, California, June 2,1998
4-5
-------
and Research Subcommittee
. ii'iii'ii '!'
iiiili ..... i ...... |
|
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National Environmental Justice Advisory Council
I llii^^
IHiij^ I , il ii'i'l 1 ! . ill' iIH 11 ill In 111' llilllp 1 '.' 1 liiilll1' lii*!!)il fiiii ' 1 i! i' 11 iV 1 1' , 'I 'I' 'li'i "l^i^ •
i.i§uradin^ ,to^^^~ j^SEGSSSJStfi^y^SSSSG^SSS,
'..ZZZII " i written s"|a"|e"m"e"pf wTiich" was
H1"tH&MW"!", .""" ! !I'I".._. — ._ „.„ _. _.....» .. ~
"the
he^continued, the state is required to take action,
although, he added, there is no guarantee that
such action will be ejfectiyg. WhejiMc, Mcfirjde,,,,
_ ,35165 whether the fishing areas are posted with
'•'ftgg-j^'^gppjpgg^ [y^ porras responded that a
posting requirement is in effect, but that "posting
is not as extensive as it should be," He noted
that, Muring their driving tour of environmental
justice sites, the members of the NEJAC had
seen people fishing in contaminated waters in an
area that should be posted but is not. He stated
.furtheyhatthg purpose of the program conducted
by Communities for a Better Environment is to
stop existing sources of dioxin pollution from
continuing to release the pollutant into the Bay. In
answer to another question, he stated that,
...although there are many sources of such
pollution, oil refineries are a major source.
Ibjll'l I IlllllltliH
imen
,:; .,, the study.
........ ............. _ aboye
iion'i pf trie subcommittee reated to
^^j^f^^AL§|UE..
i^aiSiiiiiiird
, jiiiiiriiiiiiiiiiiiiaii^miiinii'! i»
testimony
I;;;:1 ;:,du;dog,,,the public ^rnmentperiods of the meeting^ ^
fl?i!;?*^^^^S pollution in" the Si'ri Francisco Bay and
issues alfecjing the communities of Lake Davis,
."lil'LCalbrnla and Midway Village, California, as well
;' •;'." ;;h; ,;as '.'_'. $j§SMII ,|§l|t|d to ,OQmmu,,n,
^^^ll^i^imlH^i jarolectiori (CBEPX '
Francisco Bay, California
Mr, Eorras, on behalf of Communities for a Better
•'•""'••-•• Environment, presented tpTthe subcomrnittee a.
proposed resolution related to dioxin pollution in
Bay. He stated that the
intervene to correct the'
^'iure of thg state of California to stop ongoing
'•'pofluBon of the Bay by designating dioxin pollution
f those wafers a high-priority pollution problem.
lllliilllllllDiiilDii iiBllllf liliiiilliilfliilJiilillllilllllllllillMillllilllllili ililllllllllllllllli. .^ L. s, £. V..
;, |?gn^...§^<3>nec{ that subsjstence fishing in
'"
Illilllli- :lijllUli!IO|l|!!ll •iliill"il!!ll:.:il]i
2g£Jty populations in the area, ahd^ dioxin
iiii ££;,;,, "i^jos^MMiissMisilSssue,' creating a hazard in
, , ,, - the' food chain fo£ Jhose populations. In response
": ™ :" -'•L : ' '";":-"':"16 a guesliori about |urisd!cfion^ Mr. i5orras ^
||^^^^^^^
protection of the Bay, and the state must comply
;, , V£jth federal regulations under the Clean Water
Act /CVVA). if EPA lists the problem as a priority,
v • • ' iiiiiiiiiiM^^ Hnlliii •< " r j<
Mr. Porras and the other members of the
sybcommittee discussed a number of suggested
revisions in the resolution, such as those to
inplude .a reference ,to priority concern for
children's health i and tp ^recommend that health
fhI|§3'li[01P9s be posfed in the languages of
the, populations that engage in subsistence
fishing, the members of the subcommittee then
agreed to forward the proposed resolution to the
Executive Council for consideration. Mr.
piBartolqmeis recused himself from the
discussion of the proposed resolution on dioxin in
the San Francisco Bay and abstained from voting
on the resolution. ...'..
5.2 Lake Davis, California
'lililt™^ I Ml 11 ill '" 'I I'll" ll' I'll " I II I t II
Mr. Mike Gardner, Restore Lake Davis
..' Committee, addressed, the subcommittee about a
case he had brought to the attention of the
NEJAC during one of the public comment periods
held by the council in conjunction with its meeting.
The case, he stated, involved the poisoning of the
waters of Lake Davis, California by the California
Department of Fish and Game in an effort to
eradicate nonnative species offish from the lake's
waters. Stating that the department is "one of the
most powerful agencies in the state," Mr. Gardner
told the subcommittee that the department had
poisoned many lakes and streams" in California's
Sierra Valley without the prior knowledge of the
immunities affected. The department, he
charged, pursues its efforts to eradicate certain
species of fish without regard for the health of
communities or their economic well being. He
pointed out that tourism dependent on the well-
being of the lake is the major source of income for
'residents in his community; that industry had
Oakland, California, June 2,1998
lIltliUIBIIIIEIII!'11';!!!'!!!!
! i
-------
National Environmental Justice Advisory Council
Health and Research Subcommittee
been destroyed by the poisoning, he said, Mr.
Gardner then expressed his frustration at his
inability to obtain information from the department
or other agencies about the nature of the
chemicals that had been introduced into the lake.
He expressed the community's need,to know
what those chemicals were and whether any
problems related to the poisoning continue to
persist.
In response to the request of the chair, Mr. Mike
Schultz, EPA Region 9, described the chemical
used to eradicate fish, identifying several trade
names under which it is marketed. He stated that
the chemicals are tested before use and that the
California Department of Health Services (DHS)
and the state water board monitor any body of
water that is treated with the chemicals. In the
case of Lake Davis, he continued, one constituent
of the chemical used did not dissipate as had-
been expected and the chemicals placed in the
lake had "gone farther downstream" than had
been anticipated. Mr. Schultz added that DHS
"expects to certify the lake as safe for drinking
water supply." He then noted that Mr. Gardner
. had provided "new information" about the case
and pledged to examine trjat information.
Mr. Gardener then asked the assistance of the
NEJAC in arranging for the testing necessary to
determine whether there is a remaining health
threat in the area. He asked further that the"
NEJAC urge EPA to consider whether the
authority of the California Department of Fish and
Game can, be curtailed and the department
compelled to consult with communities before it
takes such actions as he had described. He
mentioned specifically that the lands and fishing"
and hunting rights of two Indian tribes had been
affected directly by the department's action at
Lake Davis. The tribes, he continued, had never
been consulted in the matter.
The members of the subcommittee discussed at
length what action might be appropriate for the
subcommittee to take in the case and whether
there are .legal issues that pertain to it. A
representative of the Agency for Toxic
Substances and Disease Registry (ATSDR),
informed Mr. Gardner that his agency maintains
a petition process whereby it can consider such
issues and stated that the agency has authority to
investigate current health risks in the area. He
offered to take the case under consideration,
stating that ATSDR had not been involved in it
previously. Ms. English then suggested that Mr.
Gardner work with ATSDR and that the
subcommittee consider the implications of the
case on public heath in general.
5.3 Midway Village, Vallejo, California
Ms. LaDonna Williams, Director, Midway for Child
Health and Environmental Justice, Vallejo,
California, discussed with the members of the
subcommittee the conditions in her community,
which she had described for the Executive
Council at one of the NEJAC's public comment-
periods held in conjunction with the NEJAC's
meeting. Her community, she said, is confronted
with "a host of chemicals placed in our air, soil,
and water" by Pacific Gas and Electric Company.
. She described testing of the area that had been
conducted by the Centers for Disease Control and
Prevention (CDCP) and ATSDR, stating that the
testing had been inadequate. The agencies, she
continued, had tested only 10 percent of the area
but had not tested any members of the
community. The agencies then reported only low
levels of contamination,, and therefore of risk;
those reports then were used to support decisions
that no action was needed to address threats to
human health, she continued. However, Ms.
Williams stated, members of the community have
evidence that the levels of contamination in the
area do pose a threat to human health; they cited
the medical records of families living in the area,,
symptoms exhibited by the community's children,
and evidence of deformities in animal species that
are dependent on local waters. Ms. Williams
asked that the NEJAC urge EPA or the state of
California to conduct additional health screening
in the community and, in particular, to test the
community's children.
The members of the subcommittee discussed
several issues related to the case Ms. Williams
had presented. Several members endorsed her
statement that current procedures for assessing
.such situations do not adequately consider the
community's knowledge about the extent of the
problems present. It was suggested that the
incorporation of community participation in such
assessments could require a change in the way
federal and other agencies perform those
assessments. The members therefore discussed
the preparation of a resolution focused on
examination of that process and involvement of
communities in it. Mr. McBride stated that the
"public health paradigm is sometimes not that
responsive." Public health agencies should be
encouraged, he said, to be more "proactive and
willing to take a risk, even in cases in which all the
science isn't there." Mr. Porras then suggested
Oakland, California, June 2,1998
4-7
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Health and Research Subcommittee
National Environmental Justice Advisory Council
ri^ the subcommittee consider recommending
ll^at the examination of the assessment process
,'s oversight authority to "ensure that
s done^in. the spirit in which
T^pLflatlb'ns and public policy intend," as well as
3 agency's grocedures for following''
t^f, ,,*;!» Y",,"",' piiiiiiOp" b"rf enforcement.
I PL! PIP II,'lino Pill Hi "pp;i
6.0 RESOLUTION AND SIGNIFICANT
ACTION ITEM
* «
This section summarizes the resolution the Health
and Research Subcommittee forwarded to the
Executive Council of the NEJAC for consideration
Illll" PC,,'1 JIII»riJIIIP,,,a!'l|llll'P'«lli' NI'iPIII"
'.^jfiernbers of the subcommittee then
c'o'risidered a proposed resolution drafted by Ms.
Dayton and Mr. Brugge of the NEJAC. The
resolution requests that EPA pay
attention to the ways in which
concerns highlight points related to
and communication of risk
iiiiiii in i IIP n iiii 11 ii i in 11 in i in i iiiii i n in i
KW Ms.^ Payton and Mr. Brugge
'thai' In"e proposed resolution also [
EPA examine and prepare a report
p"n{RTagency's protocols, methods, and activities
r,e|ated, to environmental assessments in light of
comments received from members of
communities. The resolution also stated that the
ISpoft should include a plan setting forth the
action the agency will take to bridge the. gap
between commqnity concerns and agency
The members agreed to adopt an
SSonlfem^
-"IS 8'ral a^proposeci'1 resoTiition on the "issued
and the significant action item adopted by the
subcommittee. ' ' ,
The members discussed a resolution in which the
NEJAC urges EPA to identify the continued dioxin
pollution of the San Francisco Bay a high-priority
pollution problem requiring immediate action,
thereby forcing the state to take action to'prevent
, that pollution.
The members also adopted the following action
item:
• Draft a proposed resolution for consideration
by trie Executive Council of the NEJAC in
vyhich the NEJAC requests that EPA pay
particular attention to the ways that the
concerns of communities highlight issues
related to the conduct and communication.of
risk assessments. In addition, the NEJAC,
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rovide additiona funding for community-
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iss'i'iJKrrss:'.:;::?, ;;:""M"s, Franklin expressed concern about the lack of
•SSiii'SiS^SL1?!*;-1 Collaboration between the EPA and members gf..........
communities. Mr. DiBartolomeis commented that
^.iJ^'jjTrfigjjpjty-Jbased1 research can bring foTfh"
/significant scientific findings.
•ii i
iiiiiii
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Oakland, California, June 2,1998
' I
11II"' (III!!! i'
-------
MEETING SUMMARY
of the
INDIGENOUS PEOPLES SUBCOMMITTEE
of the
NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
June 2,1998
Oakland, California
Meeting Summary Accepted By:
Daniel Gogal
Acting Designated Federal Official
Thomas Goldtooth
Acting Chair By Proxy
-------
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-------
CHAPTER FIVE
MEETING OF THE
INDIGENOUS PEOPLES SUBCOMMITTEE
1.0 INTRODUCTION
The Indigenous Peoples Subcommittee of .the
National Environmental Justice Advisory Council
(NEJAC) conducted a one-day meeting on June
2, 1998, during a four-day meeting of the
Executive Council of the NEJAC in Oakland,
'California. Because Mr. James Hill, Klamath
Tribe and chair of the subcommittee, was unable
to attend the meeting, Mr. Tom Goldtpoth served
as acting chair through a proxy for the meeting.
Mr. Daniel Gogal, U.S. Environmental Protection
Agency (EPA), Office of Environmental Justice
served as the Acting Designated Federal Official
(DFO) for the subcommittee. Exhibit 5-1 presents
a list of the members who attended the meeting
and identifies the member who was unable to
attend.
i • • ' -..'.. ' •
"This chapter, which provides a summary of the
deliberations of the Indigenous Peoples
Subcommittee, is organized in five sections,
including this Introduction. Section 2.0, Remarks,
summarizes the opening remarks of the chair.
Section 3.0, Activities of the Subcommittee,
presents a summary of members' discussion of
the development of a guidance on tribal
consultation for the subcommittee and the
establishment of work groups to address issues
related to Title VI of the Civil Rights Act of 1964
and sacred sites. Section 4.0, Presentations and
Reports, summarizes presentations made to the
subcommittee and reports it received on issues
related to the environmental justice concerns of
indigenous peoples. Section 5.0, Resolutions and
Significant Action Items, summarizes the
resolutions the subcommittee forwarded to the
Executive Council of the NEJAC for consideration
and significant action items the subcommittee
adopted during its discussions.
2.0 REMARKS
Mr. Goldtooth opened the subcommittee meeting
by first welcoming the members present and the
DFO and then asking Mr. Wally Antone, Five
Colorado River Tribes, to open the meeting with
an invocation. Mr. Goldtooth then emphasized
that EPA should ensure that the membership of
the subcommittee appropriately reflect the
makeup of stakeholder groups, to ensure that the
communities are represented.
Exhibit 5-1
INDIGENOUS PEOPLES
SUBCOMMITTEE
Members .
Who Attended the Meeting
June 2^ 1998
Mr. Tom Goldtpoth, Acting Chair By Proxy
Mr. Daniel Gogal, Acting DFO
Mr. Dwayne Beavers ,
Ms. Astel Cavahaugh
Mr. George Godfrey
' Mr. Brad Hamilton
Ms. Sarah James
Mr. Richard Monette
Mr. Charlie Stringer
Member
Who Was Unable To Attend
Ms. Christine Benally
3.0 ACTIVITIES OF THE SUBCOMMITTEE
This section discusses the activities of the
subcommittee, which included a discussion of the
development of a guidance oh tribal consultation
for the subcommittee and a discussion of the
establishment of three work groups of the
subcommittee to develop the guidance on tribal
consultation as well as to address tribal issues
related to Title VI of the Civil Rights Act of 1964
and sacred sites'.
3.1 Development of a Guidance on Tribal
Consultation
Mr. Gogal led the discussion about the
development of a guidance to improve
communications between the subcommittee and
tribes. He reminded the members of the
subcommittee that, at the December 1997
meeting of the NEJAC, the subcommittee had
adopted an action item to develop such a
guidance. Mr. Gogal recommended that the
members of the subcommittee use the Model
Oakland, California, June 2,1998
5-1
-------
r:;=•=, ::, -. ;. i i•; -:;;,•, - Indigenous Peoples Subcommittee
National Environmental Justice Advisory Council
^ I'"!
li NMw.iEIiftJaE EybJfe Eprtfeipation developed by the
EarJIcJpation and Accountability
of the NEJAC (as a guide) to
sist the members in drafting the
I' ™"^^"=-!i-J"I"IfSbcomrnittee's guidance. Mr. Richard Monette,
of Wisconsin School of Law, and Mr.
! Hamilton, State of Kansas, Native American
Liaison, agreed with Mr. Gogal that the model
'~"u jjjlan would be an appropriate reference to assist
||M^
^S.1,lML!5an^^.cpJ5in^nled, however, that the
!,2«; .language used in trie guidance should be defined
^;"y Carefully and' couched in a context that is specific
./Slli'lo" Trtb'es. Mr. Goldtooth also, suggested that the
guidance discuss the appropriate relationship
between state and tribal governments and
•: :••••••••. encourage .states to,,interact more frequently with
•,.™Zna npngovemmihllrib'al organizations other than the
tribal government Mr. Goldtooth stated further
::::;:;:;:;; Jit "the guidance''should outline clearly EPA's
i IggpjJnSibilities related to both, federally and state-
rrecogn'SiS SiBeirTflr^amFtonl^rongly agreed,
stating that issuesplatedtotribai sovereignty, the
relationship of tribal governments to other
governments, must be defined clearly.
Continuing the discussion of the guidance, Mr.
Dwayne Beavers, Cherokee Nation, strongly
urged the members of the subcommittee to
consider and identify the audience for whom the
guidance is intended and how the guidance will
distributed. Mr. Beavers expressed concern that
the guidance will not be distributed to the
organizations or agencies that should receive it.
Mr. Gpgal responded that the subcommittee could
recommend to the Executive Council of the
NEJAC how the document should be distributed.
Several members of the subcommittee suggested
that the guidance also include:
• A list of points of contact at federal agencies
related to environmental justice
• A list Of .Internet addresses related to
environmental justice and indigenous peoples
Discuss how to obtain copies of information
about Indian policies at federal agencies
A list of law firms that offer pro bono legal
' to environmental justice
Mr. George Godfrey, Haskell Indian Nations
Sifi^fE* University, expressed concerned, about, the
p3S.':SS'| continued use of the word "tribe," pointing out that
fllljSsts^sv'1!! the people of many native Hawaiian and Alaskan
: TOnsiderJhemselves tribes. He
I i ;. s i .i i , !, tecomnrended tfiatjfie'te^ '
i word
all native communities are included in such
, ,„,,„, gferenggs., Mj;, Chjarjgs^gtrjnger, WMe'MouriSn
| S;itl. Si"Apache Tribe, added that the subcprnmittee
i:1:;: should use the, guidance has an opportunity to
tribal
™.=f|ja? IriBal
,„ __. ,„_, ••g^gjp'gaTJb'ris"
S'SS^KSJarnes,..
are
..................... other
entities. Ms.
unique entities. _ , Ms. Sarah
....... ............ ef .......... Athabascan ...................... Tribal
G^emment, steted'fiat tiie subcommittee should
' Duplicating existing efforts that
1$. fi!e. .Proposed,, guidance
noted that tile subcommittee
should ensure thai the guidance will benefit
;;, grassroote frfoai organizatigns, in,,,,add,ition to ,tri,bal
because the subcommittee was
to help such grassroots organizations
'Ms. ...... Astel,,Cayanaugh, Spirit
......
........ echoed Ms. James' statement .by
:!";=i!":~:- "(SSripftasKing the significance of assisting tribal
'^^|Msr^^naTigh also
rhls"sT6h statement of the
subcommittee be included in the guidance.
• A list of tribal organizations that provide
assistance related to environmental justice
Summarizing the discussions about the guidance,
Mr. Monette stated that he believed the members
had been discussing two different types of
cpnsultatiorj guidances: a guidance for federal
and state agencies on improving communications
with tribes and another guidance that focuses on
the relationship between tribal grassroots
organizations and tribal governments. Mr.
Mpjiettg cautioned the members of the
subcommittee about developing a guidance for
addressing the latter issue. He expressed his
belief that the subcommittee should not develop
a guidance that directs tribal governments on
interacting with other entities. Mr. Monette
recommended that the subcommittee instead
develop a guidance that addresses how federal
and state agencies can improve their consultation
with tribes, ML Godfrey recommended that, to
achieve that purpose, the subcommittee modify
the Model Plan for Public Participation to reflect
principles related to indigenous peoples and
environmental justice.
In response to a question from Mr. Hamilton
.about, whether, EPA, wjl be responsible for
formatting the guidance document, Mr. Gpgal
Oakland, California, June 2,1998
',;|^ ;s^ • .
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National Environmental Justice Advisory Council
Indigenous Peoples Subcommittee
stated that EPA would be available to assist in
carrying out the project. The members of the
subcommittee agreed to form a work group that
would be responsible for developing the guidance
document. Mr. Hamilton agreed to serve as chair
of the work group and would draft a proposed
resolution about establishing the work group for
the consideration of the Executive Council of the
NEJAC. Mr. Monette and Mr. Stringer expressed
interest in serving as a member of the work group
even though their terms were expiring. The
members of the subcommittee then agreed to
continue by teleconference call their discussions
of the guidance.
The next section of this chapter describes two
other work groups the subcommittee considered
establishing.
3.2 Establishing Work Groups of the
Subcommittee
This section summarizes the discussions of the
subcommittee about the establishment of work
groups to address issues related to Title VI and
' Sacred Sites.
3.2.1 Subcommittee Work Group on Title VI
Mr. Monette began the discussion by informing
the members of the subcpmmittee that EPA had
established the Title VI Work Group, under EPA's
National Advisory Council for Environmental
Policy and Technology. The work group, he said,
had been formed to address issues related to
Title VI of the Civil Rights Act of 1964, particularly
EPA's interim guidance for addressing
administrative complaints filed under Title VI
which challenge permitting decisions. - Through
the guidance, Mr. Monette explained, EPA is
'Attempting to develop a mechanism to enforce
. requirements for consideration of Title VI, many of
which address the principles of environmental
justice, during the permitting process. He then
stated that he believes the subcommittee should .
address the issue directly because the interim
guidance and resolutions .of other issues related
to Title VI could have serious implications for the
civil rights of tribes. ,
Mr. Goldtooth then stated that the Administrator of
EPA had made a commitment to ensure that the
agency is in compliance with Title VI; he
expressed. concern, however, about how the
interim guidance will be applied to facilities in
Indian Country. He recommended that EPA's
Title VI Work Group hold a meeting in Indian
Country to focus on issues related to Title VI and
tribes. Mr. Goldtooth also recommended that the
subcommittee establish its own work group on
Title Vl to investigate the issues in more detail.
Mr. Monette agreed, adding that EPA must
identify an effective method of consulting and
educating tribes about Title VI because of the
serious effects any policies or guidance related to
Title VI could have in Indian Country. Mr. Monette
also stated that he believes tribes were not
accorded the same consideration as states and
industry when comments on the interim guidance
were solicited. He suggested that the
subcommittee forward a letter to the Executive
Council of the NEJAC. In the letter, he continued,
the subcommittee should request that the
Administrator of EPA convene a meeting of EPA's
Title VI Work Group in Indian Country, as well as
distribute to all federally recognized tribes all
information related to the Title VI and interim
guidance as an initial step in outreach. Mr.
Beavers then recommended that EPA's Office of
Civil Rights (OCR) work closely with EPA's
American Indian Environmental Office on the
issue.
The members of the subcommittee agreed to
postpone the submittal of a request to establish a
subcommittee work group on Title VI under the
NEJAC, pending the receipt of a response to the
letter to be sent to the Administrator of EPA.
3.2.2 Work Group on Sacred Sites
Mr. Goldtooth reminded the members of the
subcommittee that, during the public comment
period held by the Executive Council of the
NEJAC on June 1, 1998, several commenters
had requested that the Indigenous Peoples
Subcommittee establish a work group to address
issues related to environmental justice and sacred
sites. He explained that, at every meeting of the
subcommittee, participants request the NEJAC's
assistance in their efforts to halt the destruction of
sacred .sites of indigenous peoples. Mr.
Goldtooth then stated that a work group
addressing the issue could examine how the
concept of environmental justice applies to sacred
sites! Ms. Cavanaugh stated that, if the
subcommittee were to establish such a work
group, tribal elders and tribal traditionalists must
be included in its membership to ensure that the
decisions of the work group are informed and will
not risk giving insult to tribal governments. She
also recommended that the various regions of the
Oakland, California, June 2,1998
5-3
-------
1 III I IIIIIIIIIIII 111 111 Illlllllllllll 1II 111 II IIIIIIIIIIII II111 III III II IIIIIII II IIIIIII IIII IIIIIIIIIIII 1 111 IIIIIIIIIIII 111II 111 111 111111 I III 11111 I HI
III II IIIIIII I IIIIIII IIIIIII 111 IIIIIIIIIIII IIIIIII 111 IIIIIIIIIIII II I IIIIIIIIIIII 111 Illllllllllllllll 111 11 I III IIII 111 '
Indigenous Peoples Subcommittee
n i i (i i iiiiiii il iiiiiiiiiiii iiiii i](i I
I I IIIIIII 111 11IIU IIIIIII 111 IIIIIIIIIIII
National Environmental Justice Advisory Council
SSQntry be represented in the membership of the
work group to ensure that a broad and diverse
:, range of views will be included in the group's
• discussions. ,, , , , ..
.....
Mr. Mpnette stated that he believes that EPA
be addressing the issue directly and that
NEJAC should strongly urge the ..... agency to do
Mr. (Bogal stated that there is a lack of
...... on ....... the ....... part ..... ofthe ....... agefi
;;, 'iiiiiiiiiiii:':!; i!'!|!'|!:!g!n 'H 'I'KI: illin.1^^ !H :i:!"''!'"'*! "'I1-
'""='4.0 ........ PRESEFffSTiON's ..... AND
This section sifrnnngrJ2^flTe£rejsejTte^ns made
an'3 repci^suBmlSecl^'the' m'dlgenous'Peopies
: Subcommittee.
4.1 Proposed King William Reservoir, King
County, Virginia
II I II IIIII III 1 I I I Iiiii 111 I IIIII IIIIIII IIIIIII IIIIIII I IIIIIIIIIIII I II I II II nil I
'Mr. Thomas Roberts, Van Ness Feidman, P.C.,
provided to ttje subcommittee ..... an update^ about ..............
tirje ................. Ring ................. WilFam .................. Riseifvoiri ................... a .................... 1 ,500-acre .
hiunteipal water storage reservoir proposal for a
site near the city of Newport News, in King
William County, Virginia. During the December
1997 ................ meeting of the NEJAC, Mr. Roberts
remindid Sie memberg ..... o£itheiisubcj3mmjtteei,iithat ......................
..............
to the Administrator of EPA, in which the NEJAg,
easTMny ..... Corps ..... of" ........ "
(USAGE) ............. thai .............. the ................. environrnental
m .................. (EJ§) developed for the
THE PROPOSED KING WILLIAM
RESERVOIR
The King William Reservoir is a proposed
1,500-acre municipal water storage reservoir in
King William County, Virginia. The primary
source of water for the reservoir will be the
Mattaponi River. The pumping station will be
located in a tidal freshwater portion of the river,
approximately five and one-half miles upstream
of the Mattaponi Indian Reservation. The
project is designed to protect the river by
"skimming" from high flows and reducing or
ceasing withdrawal during low flows, with a
strict minimum. The water will be stored in the
reservoir until needed and then pumped through
a pipeline to another reservoir from which it will
be withdrawn for ultimate use. The King
William Reservoir is one element of a three-part
strategy selected to meet the projected municipal
-------
National EnvironmentalJustice Advisory Council
Indigenous Peoples Subcommittee
conditions, he said, include limits on the amount
of waterthat can be withdrawn from the Mattaponi
River and pumped into the reservoir and on the
amount of water that can be released regularly
from the reservoir to maintain consistent water
levels in a nearby creek. Mr. Roberts explained
that the conditions of the water permits will reduce
the safe daily yields from the reservoir, as well as
leave the city of Newport News short of the supply
needed to meet the demand for water that is
projected for the year 2040.
Ms. Samantha Fairchild, EPA Region 3,"added
that EPA continues to recommend that USAGE
conduct a supplemental EIS that includes an
environmental justice analysis of the case to
identify the adverse effects of the proposed
project on the tribe's subsistence fishing, as well
as other cultural activities.
4.2 National Petroglyphs
Albuquerque, New Mexico
Monument,
Ms. Laura A. Weahkee, Petroglyphs Monument
Protection Coalition, provided an update on the
effort to prevent the construction of a highway
through the National Petrogiyphs Monument,
located near Albuquerque, New Mexico (see the
summary report of the May 1997 meeting of the
NEJAC for additional details about this case). Ms.
Weahkee first reminded the members of the
subcommittee that the monument in Albuquerque
preserves markings made by early Native
Americans on rocks located in a lava bed near the
city. There are more than 15,000 individual
petroglyphs in the area, she said. To Native
American peoples, she continued, it is important
to maintain the integrity of the entire lava bed,
which, she noted, is a sacred site still in use.
Noting that in 1997 her father had submitted
testimony to the NEJAC, Ms. Weahkee stated
that, since that time, Congress had "given the
area back to the city of Albuquerque" to construct
a highway that would run through portions of the
petroglyphs monument area. Ms. Weahkee then
suggested that the NEJAC form a committee to
determine how Native Americans and their issues
fit into the environmental justice process and
research the ways in which Title VI, which does
not address cultural and religious issues, affects
" Native Americans. She noted that "her people"
are wary of filing a complaint under Title VI
. because pf the need to protect their sovereign
status.
Mr. Goldtooth added his observation that the city
of Albuquerque had identified "creative ways" to
use federal funds so that federal funds for
construction of the highway will not be used for
the section that runs through the monument area.
Mr. Gogal then reminded the members that, at the
May 1997 meeting of the NEJAC the
subcommittee had forwarded a letter to the
Administrator of EPA that discussed the
environmental justice implications of any
destruction of the petrogiyphs. Mr. Monette
requested that EPA.OEJ provide to the members
of the subcommittee any comments received on
the Title VI interim guidance that are pertinent to
the concerns of indigenous peoples or their status
in relation to Title VI.
4.3 Arctic Native Village, Fort Yukon, Alaska
Ms. James led a discussion of the continuing
pollution near Arctic Native Village that threatens
the subsistence fishing practices of the people of
the village. She explained that issues related to
solid waste are the primary concern in the case
because the lack of roads in the area results in a
continued buildup of waste that then migrates into
nearby rivers. She also explained that the village
is located along the southern boundary of the
Arctic National Wildlife Refuge and that the
federal government does not have sufficient funds
to monitor the refuge. Ms. James continued by
stating that it is difficult for the appropriate federal
personnel to visit rural areas of Alaska to observe
the destruction that the buildup of solid waste is
wreaking on the way of life of many Native
Americans."
Mr. Hansen stated that the issues faced by Native
Alaskan villages are complex because the
villages do not have the same regulatory standing
as tribes located in the 48 contiguous states.
Therefore, he explained, the villages cannot be
given regulatory authority to manage solid waste
programs. Mr. Stringer pointed out that even
though there is "no Indian Country" in Alaska, that
circumstance does not preclude the
subcommittee from addressing the issues
presented by Ms. James. He recommended that
the subcommittee consider establishing a work
group to address issues related to Alaskan
Natives and sacred sites. Mr. Hamilton also
recommended that the NEJAC host a roundtable
meeting in Alaska to address such issues
because, he said, polluting of such animals and
fish as the caribou and the sajmon also is
destroying "an entire way of life."
Oakland, California, June 2,1998
5-5
-------
National Environmental Justice Advisory Council
....... M|ws
*1* ........ J
I
3[S ofthe ggtggmmjttee agreed to forward
jUjEJAC requests that EPA sponsor a roundtable
meeting in Alaska to discuss issues related to
environmental justice and Native Alaskans.
ill';;;!*',; T!\\
Exhibit 5-3
iiiLiiiEviiiW^^
,,„„,,, ,, 4.4,Mount Shasta,,California,,,
IStii^^I]jj^^j&B&^^^^,'Native,,,Coalition for;
||||||, illcjufit §fjasta, California, first reminded, the
'""" -' Tfieltibers of the Indigenous Peoples
,,,s,,^,,p_,_____ ._- .,—.. —^, addressed tnem
luring their meeting in December 1997. Pointing
foci "that Mount Shasta, California is a site sacred
j^^ she then stated
' if' IfiaTsucn' sacred'sSsshad' been" "impinged upon"
"oportionately for at least 150 years citing the
resprts ^hat11Jjjave,n teen constructed oq, the,,,
« ,•„•„« 'JlIEl' IliiIIffifflil»9 sacred sites,,,, "she;''',
aeclared, must be protected because they are
essential to the cultural survival of native peoples
and "of alLgf us." In response to the resolution
adopted by Se NEJAC during its February 1998
meeting, she reported that the U.S. Forest
Service (OSFS), U.S. Department of Agriculture
(USDA), will recommend revocation ofthe permit
=••}§;>:: liiiiid for deyglppment of a ski resort on Mount
Shasta. The mountain once had been listed on
the National Register of Historic Places, Ms.
I l3iiIitnPr>jt MHTOJ^
ifiiiiw^ f»"1*Hii
from the i
accommodate the proposed ski resort. Today,
she stated, only the portion ofthe mountainabove
the tree line and one sacred site are registered.
^Ji^L:: She asked that the USFS be encouraged .to
^sis1 :••••!"i^SVeJop a cultural management plan for Mount
Shasta so that the elders and people of Native
American tribes ne,ed not "prove its status over
' SKiSS?!", and so that the sacred relationship
^theY Earth may be preserved? £xhjt>jt 5-3
jrovides a description the cultural significance
Mount Shasta holds for indigenous peoples.
•J:™^ Ms. Berditscheysky requested that the NEJAC or
.; the Indigenous Peoples Subcommittee,, appoint a
f li^a£^^i!^M>J^Il^lif^b£ us.
Qepartment of the Interior (DOI) the
• ••: environmental justice impjications that she p sard
ii!^!!S^^il!§^ister- Mr. Goldtooth reminded
;';:.tfai mgEiijgrs o,f_ ths subcommittee that the,
resolution that had been forwarded to the
Administrator of EPA called upon EPA to ensure
that DOI conduct meaningful consultation with the
1 i!H^^^ 'it §fetej.trjfees- He requested, that,, EPA Region 9
CULTURAL SIGNIFICANCE OF
MOUNT SHASTA TO INDIGENOUS
PEOPLES
Mount Shasta, California has held religious and
cultural significance for indigenous peoples
since time immemorial as a center, balancing the
forces ofthe world by uniting the energies of
heaven and earth. The mountain holds the most
prominent position in an interconnected
topography of Shasta, Pit River, Wintu, Karuk,
Okwanuchu, and Modoc tribal territories.
Over generations and into present times, Native
Americans have used specific sites on Shasta for
the training of medicine men and women, for
spiritual quests, and for healing and spiritual
guidance. On the lower slopes, plants and other
natural materials are gathered for food and for
medicinal and ceremonial use.
For more than nine years, a coalition has been
working to preserve the environmental and
cultural integrity of Mount Shasta. Participants
in the Native Coalition for the Cultural
Restoration of Mount Shasta include the Pit
River Tribe, the Shasta Nation, Resighini
Rancheria, Local Indians for Education, the
Intertribal Council of California, the California
Council of Tribal Governments, and Save
Mount Shasta.
provide assistance to Ms. Berditschevsky to
ensure that consultations occur.
4.5 Medicine Lake Highlands, California
"ML Elpyd Buckskih, Coalitioh Chairperson and
Cultural Spokesperson for the Pit River Tribe,
Native Coalition for Medicine Lake Highlands
Defense, California, stated that there had been no
resolution of the issues related to the
development of geothermal power production in
the Medicine Lake Highlands area since he had
raised the issue at the December 1997 meeting of
the NEJAC. In the six months since the meeting,
he said, a number of actions and events had
occurred that had given rise to additional
concerns and prompted him to come once again
before the council. The proposed power plants,
Mr. Buckskin continued, would have "a huge
iiifcii/fliiiihi wio:1'1! Lipi|i,i f1:1:*'11;';1,1'1''! l'!^!*'1!;':';™^ i:;1::;;;!.: ^^iiiiiimiiiiii,!,:!; ?i
il'lllllrlilPilrli'lll''!!1 I
Illll't |
lU'llViliiHIII1 il ill 'I'H1 "'Ml II Ji'iii
niiiii a niiniiiiii IB ji jii u^^^^^^^^ ii"O :ii s' nzi i'i ni i KIJ* '" J'
I
-------
National EnvironmentaUustice Advisory Council
Indigenous Peoples Subcommittee
effect" on now-pristine lands that are sacred
areas to the tribes that live in their vicinity. Mr.
Buckskin pointed out that the draft E1S prepared
by the USFS and the Bureau of Land
Management (BLM), DOI, for two of the four
proposed plants, the Thunder Hill and Fourmile
Hill projects, do not address cumulative effects of
the projects. The USFS and the BLM, he stated,
had failed to examine these issues, despite EPA's
request that the agencies prepare for the four
projects a single EIS that considers cumulative
effects. Mr. Buckskin characterized the actions of
the USFS and the BLM as "insensitive to Native
American religions and dismissive of them."
Mrv Buckskin stated further thatthe tribes affected
continue to oppose the geothermal projects,
adding that the sacred lands soon were to be
considered for inclusion on the National Register
of Historic Places. Continuing, Mr. Buckskin
stated that no ethnographic study had been
included in the EISs and that neither the potential
effects of the projects on groundwater nor those
on surface water had been considered. He then
stated that the labeling of such -projects as "green
energy" projects is "outrageous" because the
projects "would destroy a beautiful and sacred
natural area." Mr. Buckskin then asked that the
NEJAC recommend that EPA develop criteria for
the designation of a technology as a "green
energy" approach. He submitted language for a
proposed resolution that his organization had
prepared for the consideration of the NEJAC.
Mr. Stringer stated that the subcommittee could
forward to the Executive Council an emergency
resolution about the issue; however, he stated, he
has only limited experience with the concept of
green energy. Ms. Cavanaugh agreed, stating
that the label of green energy has little meaning
for tribes. She also stated that she could not
endorse a resolution about concepts that she
does not understand very well and suggested that
she would need additional information about the
issues so that she could make an informed
decision. Mr. Beavers requested that EPA
provide to the members of the subcommittee
information about the concept of green energy
and how it is defined by federal agencies. Ms.
Karen Beastman, EPA Region 9, responded that
she believes that .EPA may not. have the
regulatory authority to define such a concept Ms.
Clarice Gaylord, EPA Region 9, also responded
by suggesting that the subcommittee recommend
to the Executive Council of the NEJAC that it
forward a letter to the Administrator of EPA in
which the NEJAC requests that EPA, through its
position on the Interagency Work Group on
Environmental Justice (|WG), suggest that DOI
and the U.S. Department of Energy (DOE) work
together to define and address issues related to
green energy and the effects that the production
of green energy might have on sacred sites.
Mr. Willard Chin, EPA Region 9, added that EPA
Region 9 had been endeavoring to identify the
appropriate federal agency through which to
address the issue of green energy and hold that
agency accountable under the provisions of the
environmental justice strategy the agency was
required to develop in response to Executive
Order 12898 on Environmental Justice.
The members of the subcommittee, agreed to
forward a letter to the Executive Council in which
the NEJAC requests that EPA work with the IWG
on environmental justice to address
environmental justice issues related to the
production and use of green energy.
4.6 Puna, Native Lands Institute, Hilo, Hawaii
Ms. Lehua Lopez, Vice President, Caring and
Taking Care of the Good That Is Puna, Native
Lands Institute, Hilo, Hawaii, explained to the
council that Hawaii is a "growing" island, affected
by its five volcanoes, one of which, she said, has
been erupting continuously since 1983. She then
stated that her organization opposes the
development of geothermal wells in Hawaii on the
basis of First Amendment rights to freedom of
religion. The coalition of Native Hawaiians had
been successful . in fighting extensive
development of geothermal energy production in
Hawaii, she continued, although one small plant
has been operating since 1991. Ms. Lopez then
stated that such geothermal production poses
health threats related to the emission of hydrogen
sulfide, as well as the threat of contamination of
groundwater caused by corrosion of well casings.
Ms. Lopez then emphasized that the area for
which geothermal energy projects are proposed
'• is a sacred site. Use of the steam to generate
profit, she stated, would violate a deity of Native
Hawaiians, prevent the people from honoring their
deity,.and constitute sacrilege. Ms. Lopez asked
that the NEJAC support the cause and protect the
rights of Native Hawaiian people.
Mr. Beavers volunteered to work with Ms. Lopez
after the meeting to develop a resolution related
to the prevention of further geothermal projects
Oakland, California, June 2,1998
5-7
-------
aitocfeenous Peoples Subcommittee
National Environmental Justice Advisory Council
I • '
the considgrgtion of the Exegutive ...Cpjrjcil
the next meeting ofthe NEJAC, scheduled"
'
I ..!.!
had.§jQ ethnographic and anthropological study of
the shell mound been performed. In short, he
&, , , „ ,, ; ,« r w, i , , -. « i «; .SM? Meffects oftheproject on the shell mound
and theOhlone .culturehad not beenstudied and
evaluated. Mr. Miller then stated that the Pajaro
Valley Ohlone Indian Council and San Bruno
J4.7 SanBfunoIlpuoSinSione,Shell Mound,
San Francisco, California
Mr. Charles Miter, Law Office of Charles Miller,
described the San Bruno Mountain Ohlone Shell
........ the ......... Pajaro Valley Ohlone ...... Indian
",' pggefveT Mr.'Miller stated that the shell mound is
[;«^ Francisco
«_ ~*^ "i base of San Bruno Mountain. Built up
ne deposit of shellfish from the
to
...... .........
S ..... yeitsago ..... !sth~e ..... oldest site of human
......... on ......... the San Mateo ......... Peninsula. The
people
Mountain Watch request that the NEJAC pass an
emergency resolution requesting that the EPA
administrator investigate the Terrabay project and
seek compliance with all applicable federal laws.
Mr MjJIiLiJiQ §M,bm|tted for the .consideration,,,, of
the NEJAC a written statement on the issue by
Mr Patrick. Orgzco, Headman, Pajaro Valley
Ohlone Indian Council.
Mr Goldtooth announced that the Pajaro Valley
Ohlone Indian Council had submitted a resolution
that it wished the subcommittee to adopt and
used
I^H^ssr '.. :'"'_"::,,cpnipination villages and ceremonial and burial
' sites, Mr. Miller explained further "Such was,the
' " " li Sin Bruno fountain ohione Sheij
Mound," he added, in 1989, a limited study of the
4,nd revealed the remajns of at Igast 1g ,
"ron;i|nui___3JL^__a___dfecoyery that
fhat other burials exist at the site. He
that evidence of fires and numerous
the site.
such shell mounds as ' \ forward tqthe Execgiye Council of the MEJAC.for
consideration. The members of the
subcommittee agreed to forward an emergency
resolution, to the Executive Council to request that
EPA work through the !WG on environmental
justice^tai address, the issues raised by Mr. Miller.
5.0 RESOLUTION AND SIGNIFICANT
; ' ' ^ACTION ITEMS
...... „ ........... • ........... & . ffie ......... mosf ........ significant Ohlone village _ an_d ........... burial
........... peg tori .......... and ......... ffi'at ........ it ..... remains a
Sacred se to the Ohlone people. However, he
. Sterling Pacific Management Services
This section summarizes the resolution discussed
by the members of the Indigenous Peoples
Subcommittee and forwarded to the Executive
Council of the NEJAC for consideration. In
addition, this section provides a list of significant
action items adopted by the subcommittee.
NEJAC requests that EPA work closely with the
Ohlone people to understand more fully the
;cujturaj issues invglvid in tije proposal for the
, ,,,, ;,.££gj£iJctJ2G o|jjie J^rra|>ay_ Project, located near
,u « »ii S3&& §3D BlffiS Mountain QhlQDe Shell Mound in
i^^^^^rpiMi?,,,.^ Mr Miller yvent on, Sterling Pacific and „ California, and to ensure that the Ohlone people
^"HaJsliyofSouthSan Francisco are preparing for are involved in all phases of decision making
public comment a draft environmental impact related to the project. The resolution was
••* report ,(EJR), as required under the California forwarded to the Executive Council ofthe NEJAC
iiicove£or£ave ova^ostofjhe shell
,!J 2w.e,YeIi,!],?, £^§[9?^'
even tKou^ri clmstaitcllpn of the ' necessary
~~ ~= • freeway interchange would be supported by
. liat
funds, ,ajic| |h§ ,saurrj§I£!§l development
would require i 'permit from the' USAGE
I QJgan VVgtei...Ast, there is no indication
thos§ garties pjan to .compjy with ^he
i of appIiraBie'^derai statutes. "Mr
filler empjiaszedjhat the .Ohlone people at no
S'tme hi
-------
National Environmental Justice Advisory Council
Indigenous Peoples Subcommittee
• Request that the NEJAC sponsor a
roundtable meeting in Alaska to discuss
issues related to environmental justice,
Native Alaskans, and sacred sites.
• Forward a letter to the Administrator of EPA
in which the NEJAC requests that EPA,
through its role on the IWG on environmental
justice, recommend that Mr. Willie Taylor,
DOI, help to arrange a meeting between the
representatives of the Native Coalition for the
Preservation of Mount Shasta and DOI.
• Develop a resolution requesting that EPA
define and address disproportionate effects of
proposed geothermal plants on Native
Hawaiians living on the island of Puna.
• , Forward a letter to the Administrator of EPA
in which the NEJAC requests that the EPA
Title VI Work Group hold a.meeting in Indian
country to discuss the status of tribes with
respect to the provisions of the Title VI interim
. guidance.
Oakland, California, June 2,1998
5-9
-------
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-------
MEETING SUMMARY
of the
INTERNATIONAL SUBCOMMITTEE
of the
NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
June 2,1998
Oakland, California
Meeting Summary Accepted By:
t
Designated Federal Official
Baidemar Velasquez
Chair
-------
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-------
CHAPTER SIX
MEETING OF THE
INTERNATIONAL SUBCOMMITTEE
1.0 INTRODUCTION
The International Subcommittee of the National
Environmental Justice Advisory Council (NEJAC)
conducted a one-day meeting on Tuesday June
2,1998, during a four-day meeting of the NEJAC
in Oakland, California. Mr. Baldemar Velasquez,
Farm Labor Organizing Committee, continues to
serve as chair of the subcommittee. Ms. Wendy
Graham, EPA Office of International Activities
(OIA), is the newly appointed 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 summary
of the deliberations of the International
Subcommittee, is organized in five sections,
including this Introduction. Section 2.0, Remarks,
summarizes the opening remarks of the chair.
Section 3.0, Activities of the Subcommittee,
summarizes the subcommittee's discussions
about its activities, including a discussion about
the proposed International Roundtable on
Environmental Justice. Section 4.0,
Presentations and Reports, presents an overview
of each presentation and report, as well as
summaries of the questions asked and the
comments offered by members of the
subcommittee. Section 5.0, Significant Action
Items, summarizes the significant action items
adopted by the subcommittee.
2.0 REMARKS
This section summarizes the remarks of the chair,
of the International Subcommittee and the Deputy
Assistant Administrator of EPA OIA.
2.1 Remarks of the Chair of the International
Subcommittee
Mr. Velasquez began the meeting by welcoming
the members of the subcommittee and reviewing
the objectives of the meeting. He remarked that
the members of the subcommittee should focus
on a discussion of planning and preparation for
the proposed International Roundtable on
Environmental Justice that was approved by the
Executive Council of the NEJAC during its
December 1997 meeting. ' . *
Exhibit 6-1
INTERNATIONAL SUBCOMMITTEE
Members
Who Attended the Meeting
June 2,1998
Mr. Baldemar Velasquez, Chair
Ms. Wendy Graham, DFO
Ms. Clydia Cuykendall
Mr. Arnoldo Garcia
Ms. Beth Hailstock
Ms. Mildred McClain
Ms. Janet Phoenix
Mr. Bill Simmons
Members
Who Were Unable to Attend
Ms. Maria del Carmen Libran
Mr. Velasquez stated that he wished to remain
involved in the planning of the meeting, even
though his term as chair of the subcommittee was
to expire shortly. Ms. Marva King, EPA Office of
Environmental Justice (OEJ), responded that Mr.
Velasquez would be able to continue to
participate as a member of the task force that is
planning the meeting.
Mr. Velasquez then discussed the importance of
maintaining continuity with several members of
the subcommittee, including himself, approaching
the end of their terms. Mr. Amoldo Garcia, Urban
Habitat Program, should be appointed to serve as
the new chair of the subcommittee, he suggested.
Ms. King suggested that Mr. Velasquez
recommend to the Executive Council of the
NEJAC that Mr. Garcia be appointed chair of the
subcommittee.
2.2 Remarks of the Deputy Assistant
Administrator of EPA's Office of
International Activities
Mr. Alan Sielen, Deputy Assistant Administrator,
EPA OIA, described to the members of.the
subcommittee the process that OIA uses to
Oakland, California, June 2,1998
6-1
-------
,
s fefema^naf gtf6co/n/n/ftee
National Environmental Justice Advisory Council
JilHHlllllllllllllliiilililil1 lliirlllllllllllin''I''II' 'Illifl'i ihlil
l^iHSgsiHft^^alptegrate principals of environmental justice into
the development and implementation of
activities at EPA. Mr. Sielen
I that O|A.had establjshed partnerships
organEations, , such as the
Organization for Economic Cooperation and
Development (OECD), to provide public
education on international issues related to
environmental justice. As an example, Mr. Sieien
:"" Informed the memfc>e.rs of the subcgmmittge that,
CJIA had established programs in Central America
I ifl|B IfiSiffilS Si. Pesticide Pr°!ection program in
l1"""1""1 "™ i~~^~ Honduras ana a wastiivi|er trgatrnerjt program in
S^!^!!'Guatemala. Mr. Sieieri "added that OIA a|so had
"•"^"•Iriffiated programs that focus on issues related to
mercury exposure through subsistence fishing
Other jocus, areas, of „
justice,
.it^iiii^jiiiiniiuiiiiriiii^ iiliiii;i'.!i>i|ii|T!piiiiil|iHii.;il!iiii|p
3.0 REVIEW OF ACTIVITIES OF THE
SUBCOMMITTEE
This section describes the discussions/by the
members of the subcommittee of its activities.
They, discussed the proposed International
Roundtable on Environmental Justice and
received an update on the activities of the South
Africa Working Group of the Subcommittee.
toenvjronrnerjustice, fe
;.T3o"ntlnued, is the protection of children's health,
£ — £§!§bl'snment of programs similar to
Brownfields redevelopment initiative in
II ijiiijiiijijj • ; • HIM 11 in HUM mil i
Mr, Sielen concluded his remarks by emphasizing
that concepts related to environmental justice will
continue to be integrated into the activities and
'^:J bolides of OIA. He also expressed OJA's interest
"" In continuing to work" with "members of the
I ft!
I i,
involvement in
^!™S^;S!^l£!S!Hl!DS M, internationaj Round|able on
"I':——!——~r Environ rri enta! Justice.
»«»»}; || , cgsjaonse to Mr. Garcja's question about
fjerslstent organic pollutants (POP), Mr. Sielen
l| slated ttjaf OJA, wjJJ.addj-ess ttje, jssue, when the
office takes part in negotiating international
; Mfc 81!
Council.
orjs^ International Indian Treaty
asked whether OIA was involved in the
Negotiation of various international treaties related
to biodiversity, which, he pointed out, is a
significant issue of concern to indigenous
'™~: peoples. Mr. Sielen responded that OIA had not
been involved in the negotiations of treaties
related to biodiversity; however, he said, he could
; Mr. Simmons with additional Information
.....
acttyeofOIA .related to indigenous
peoples. Mr. : Velasquez asked Mr. : Sjelen , what
other ..... countries.
criterion used
qniifehtal program should be sponsored is
: extent to which the program will protect public
ni iiiiii ini inoiiitiiiiii wf:lre>MMB *'M i "aiuiaiiffl mrnmfjrv "
3.1 Update on the Proposed International
Roundtable on Environmental Justice
Mr. Velasquez began the discussion of planning
for the proposed International Roundtable on,
Environmental Justice that was approved by the
Executive Council of the NEJAC during its
December 1997 meeting. He volunteered to
serve as an information resource to ensure that
all the appropriate stakeholders are invited to
participate in the meeting. Ms. King
recommended 11 that the, members of the ',
subcommittee ofgan'lze a task force to take
responsibility for planning and preparing for the
roundtable meeting. Ms. Mildred McClain,
Citizens for Environmental Justice, asked whether
the roundtable meeting woujd address only
environmental justice issues related to the border
between the United States and Mexico or whether
its scope would include global environmental
justice concerns. Mr. Velasquez responded that
the focus of the roundtable meeting had not been
decided; however, he added, issues related to the
U.S.-Mexico border should be a central focus of
the meeting. Mr. Velasquez then stated that other
topics would be considered if members of the
subcommittee so recommended. Ms. King added
that, to ensure the support of OIA for the meeting,
''{he'subco'mmltteeshouid focus on specific issues
that participants in the roundtable meeting will
address. Various members of the subcommittee,
as well as other individuals, were suggested as
members of the task force planning the meeting.
Mr. Velasquez then suggested that the roundtable
meeting should be held in the Spring of 1999.
Mr. Garcia then presented to the members of the
subcommittee a draft resolution that outlined and
summarized the goals of the roundtable meeting.
Mr. Garcia emphasized that one of the goals of
the roundtable meeting should be to create a link
between issues related to the border area
between the U.S. and Mexico and erivironmental
justice issues in an international context by
bringing all stakeholders together. Mr. Garcia
also recommended that the roundtabie meeting
be planned as a two-day event that includes
II,, jljijlji!'{ , li'illEmn'iiiiii, i|j,'i!iiii||i i'|||| .hlllk'ji iJlllllillllUlillnl '"Illlill ^'•IIBJIIKil IHi In! ilil"iiil"'" illl. 111111191,11'' Rii'lHIII ^
5i'=:::v:i-~;, si issrtasras
„„ , , ,=,. , ,,, ,.•„ „= - „, , v , ., ,,. m ,i,,,i, " Qakland, California, June 2,1998
• ' yimM g^^ I i I
-------
National Environmental Justice Advisory Council
' International Subcommittee
workshops and a site tour. He cautioned,
however, that it would be necessary to comply
with regulations and observe protocol if the route
were to take the tour across the border. With
regard to the'draft resolution, Ms. King remarked
that her consultation with Mr. Haywood
Turrentine, Laborers District Council Education
and Training Trust Fund (an affiliate of the
Laborers International Union of North America)
and chair of the Executive Council of the NEJAC,
had indicated that a resolution to the Executive
Council would not be necessary, since 'the
International Roundtable on Environmental
Justice already had been approved by the
NEJAC. Ms. King then recommended that a letter
be forwarded to the .Administrator of EPA to
request the agency's support for the roundtable
meeting. Mr. Garcia ^agreed to prepare such a
letter to be forwarded to the Executive Council for
consideration. '
Mr. Velasquez remarked that a two-day meeting
would provide only limited opportunity to have
meaningful discussions about significant issues
related to environmental justice. He strongly
urged, therefore, that the members of the
subcommittee focus on specific issues to be
addressed during the roundtable meeting. Ms.
Clydia Cuykendall, Star Enterprise, indicated that
the members of the subcommittee should identify
issues of greatest interest to members of the
subcommittee. Mr. Velasquez then elicited from
each of the members of the subcommittee, and
from Mr. Sielen, recommendations of such issues.
The issues suggested as topics for the
International Roundtabie on Environmental
Justice were:
Standardization among countries of
environmental standards and the role and
methods of participation ,of members of
communities that have environmental justice
concerns
• Assurance of environmental protection of
laborers under existing international
institutions and treaties including the North
American Free Trade Agreement (NAFTA),
Multilateral Agreement on Investment (MAI),
and the World Trade Organization (WTO)
Conduct of outreach and public education
about international projects, including
preservation of cultural practices
Mr. Velasquez then invited Mr. Richard Mdore,
Southwest Network for Environmental and
Economic Justice and former chair of the
Executive Council of the NEJAC, to -discuss
issues that the subcommittee should consider,
during the planning of the roundtable meeting.
Mr. Moore began by emphasizing that the
meeting should dispel the perception on the part
of federal agencies and other entities that issues
related to environmental justice have no place in
. discussions about the U.S.-Mexicb border. He
explained that the members of the subcommittee
should organize a meeting that provides
opportunities for members of communities to offer
testimony that describes their situations and,.
concerns related to environmental and health
issues that affect their communities. As an
example, Mr. Moore recommended that a
breakout 'session be held to address the
continued use of pesticides that have been
banned and the adverse health effects that
practice causes among migrant workers from
Mexico. Mr. Moore also suggested other issues
that he believed should be addressed, such as
immigration and labor issues related to
environmental justice. He suggested that
grassroots organizations from Mexico might be
invited to participate in the discussions.
Ms. Cuykendall asked if it would be appropriate to
invite U.S. corporations that have been
recognized for conducting'their operations in an
environmentally responsible manner. Agreeing
with that suggestion, Mr. Velasquez remarked that
the meeting' should involve all stakeholders,
particularly representatives of communities and
maquiladoras who could engage in a dialogue to
address environmental justice concerns along the
U.S.-Mexico border. Because of the need to
ensure that issues affecting communities along
the entire length of the border are included, Mr.
Velasquez added, the site chosen for the
roundtable meeting is a crucial factor. In
conclusion, Mr. Moore volunteered, his service
and, experience to assist in planning and
preparing for the roundtable meeting.
3.2 Update on the South Africa Working Group
of the international Subcommittee
Ms. McClain presented an update on the progress
of the South Africa Working Group of the
International Subcommittee. Ms. McClain
informed the members of the subcommittee that
she and Ms. Beth Hailstock, Cincinnati Health
Department, had prepared a draft report on their
trip to South Africa. Ms. Hailstock added that,
during her discussions with community activists,
those individuals had expressed concern that
Oakland, California, June 2, 1998
6-3
-------
International Subcommittee
National Environmental Justice Advisory Council
some of EPA's programs do not necessarily
address ttie environmental needs of communities.
Ms, McCIain alsp stated that EPA should consider
^Incorporating community:based experiences into
agency's training prbgrirns related to South
She emphasized that the subcommittee
c)ujc ..... wip||rjji Jo Jujld ..... a ...... granger relationship with
So A
Pijpijyjdualg ....... ajjd ....... co[rj,[rjynity-based
fgahizations in South Africa. In closing, Ms.
[gquested that the members of the
subcommittee review the report she had
I
= : ,19981 Mjy^felasguez then stated that tfie_ report
^E^1"should" be foTwarcfed to'the Executive Councilof
™"T,I*" the NEJAC for consideration.
IZlT/JEsilsysdng Ms. McClain's update on the South
Group of the Subcommittee, Mr.
of EPA OlA's
presented an overview
™ 'CMnejllaplivjties related to South Africa.
" i i
stated that EPA's Initiative on South
....... ........ ...... ......... .....
ira* ; Africa had progressed under Se leadership of the
............
i ...... , ........... ., ................................ , ...........................
often referred to as the Gore-Mbeki
......... i,PlJ ......... added .......... that ....... the ......... InternaijeDgl .........
Subcommittee had been of great assistance in
the implementation of the initiative through its
ma: ................. isfieo .................. lims .................................. Exhibit .............. §-% ......
[[[ : ........ describes the BNC, Mr. Sielen then indicated that
.......... ...... ......
efects of pining operations in
...... ..... iiBOlillSliiiilSiiiMSO ..... aj?p_roved
W
....... "~Ef^ ....... Headquarters and
'-§-
...... of the interior (DOI), he
........ §,!s°, ..Ml ...... participate in '_ the .conduct of
...... '
,, .. ...... _
< ..... ;liilly ...... in South ...... Africa, which' is scheduled for
'
nun ,f
SSI!'
si: nil • si-sir pr. Sielen then announced that the South Africa
':~.'-:^rpmun'rfy-= Grants Program administered by
:~;!*.^rganL2ed Northeasterners and Clay Hill and
Inc.' iO.^^./CJjAN.E.)^_was i Veil
": "" -':; '::" unier way"? givera] grantiipplicationis' had", been
ifjj^iii^'japprpved, he noted. Exhibit 6-3 describes the
ss'Sf?",!?" ,E'[2iI?m- A c.°Ofe.r®Dc.§, ,90 E°!!,UI!P.!1
i held in March 1998, continued Mr.
Exhibit 6-2
THE UNITED STATES-SOUTH AFRICA
BINATIONAL COMMISSION (BNC)
In 1995, U.S. Vice President Al Gore and South
Africa's Deputy President Thambo Mbeki
established the U.S.-South Africa Binational
Commission (BNC) to develop professional
working partnerships between technical and
management experts in the two countries. Often
referred to the as the Gore-Mbeki Commission,
the BNC has established several committees co-
chaired by Cabinet-level representatives of each
country. The committees help establish practical
working-level programs between leaders in each
country.
The Conservation and Environment Committee
is chaired by the U.S. Secretary of the Interior.
EPA's Office of International Activities, along
with the South Africa Department of
Environment and Tourism, co-chair the
Environmental Management Working Group
(EMWG) of the committee. The strategic goal
of the EMWG is to strengthen the capacity of
South Africans to improve the quality of life and
manage the environment in a sustainable way.
The goal supports Section 24 of South Africa's
constitution, which states, "Everyone has the
right to an environment which is not harmful to
their health or well-being."
grevenon ......... training
........... .........
.ored to south Afrca are under
that ................. ttje .................. Gregjia
'
to implement the pilot. Mr. Sielen added that EPA
also would like to duplicate the East London ,
Community Recycling Project that EPA
sponsored in tfie'western portion of South ^^03
Another important initiative, Mr. Sielen observed,
is the establishment of an environmental training
center where EPA's training courses developed
for South Africa, as well as other environmental
training programs, can be presented.
4.0,' PRESENIAIIQNS AND REPORT
This section summarizes the presentations made
and reports submitted to the International
Subcommittee.
to .......... initiate ...... a
S:"i=S* ...... Sffiffiunjf pilot project'in South^AfMcain October
first step In ..... ffiirt effort hi ..... satywouid .....
fae_ to select a specific community in South Africa
Iliiiii i;i'i,! I-S fi' ll iSijil^
AJ Tije. Ngvv: Elver, Imperial Valley, California
ML Jose Bravo, Southwest Network for
Environmental .and Economic Justice, presented
a videotape, "River of Broken Promises," that
MSiivis! | „ ^ i|||M;i| [..NilIMlllll,^ Mil "UK!! III!" Will"! VlllPII"1IIIIP1 III \ II"I ttI'« I'h"i */l!lllf W''fellll*'"lllfllrlllMI Illliill,11''JlllllillllPI 1,1'Illllllll I I
|iiii!;!,!,;iKll HH i,; n; j '" ,, MIIIIHII mi in, wiiiiiiiiii^^^ liipi, i|i,|iniiii jijiii^ !!!!|! J; F:'!1!!!!!: "S::!^
^^^^ • li'
ind, California^ June_2, 1998 ;
Illli: I
'•» I
-------
National Environmental Justice Advisory Council
International Subcommittee
Exhibit 6-3
SOUTH AFRICA COMMUNITY GRANTS
PROGRAM
The U.S. Environmental Protection Agency
(EPA) has entered into a cooperative agreement
with the Organized Northeasterners and Clay,
Hill and North End, Inc. (O.N.E./C.H.A.N.E.), a
non-governmental organization, to provide small
grants to South African communities organizing
themselves to address local environmental
issues. The program also is known as the South
African Development Initiative for the
Environment (SADIE). The objective of the
program is to empower disadvantaged
communities which face serious environmental
challenges.
Criteria for selection of grants has been
developed and is awaiting the approval of the
advisory board. Grants will range in size from
$3,000 to $20,000.
describes issues related to environmental justice
and the pollution of the New River, which flows
from Mexico through the city of Mexican and
Imperial Valley, California and discharges into the
Salton Sea. At the conclusion of the videotape,
Mr. Bravo updated the members of the
subcommittee on the issues focused on in the
videotape. He indicated that channeling -the New
River as it flows through communities does not
address issues of concern, such as the use of the
river by low-income communities for subsistence
fishing, because characterization did not provide
waste water treatment.
Ms. McClain asked whether the demands of the
members of communities living near the New
River community had been met. Mr. Bravo
indicated that demands of the communities had
not been addressed by Mexico and stated that he
believes communities have a right to know how
hazardous wastes are transported along the U.S.-
Mexico border. Mr. Velasquez asked Mr. Bravo
whether EPA's study of the New River had been
released. Mr. Bravo responded that the agency
has released the study; however, the community •
"had to go great.lengths to obtain the information."
Mr. Bravo emphasized the significance of the
International Roundtabie on Environmental
Justice as an opportunity for the members of the
subcommittee to consider the issues and
conditions that were described in the videotape
he had shown.
Ms. Cuykendall observed that, before the
subcommittee or EPA addresses issues related to
communities along the U.S.-Mexico border, the
cooperation of the government of Mexico should
.be enlisted. In response to Ms. CuykendalPs
observation, Mr. Bravo stated that the
environmental programs established under
NAFTA should have established such
relationships; however, he said, the,programs are
not mandatory. Mr. Velasquez then expressed
continued disappointment that the office of U.S.
Trade Representative (USTR) had not developed
a strategy for incorporating principles of
environmental justice into its programs and
activities, such as the negotiation of treaties with
other countries. He expressed further frustration
that the International Subcommittee still had not
received an adequate response from EPA or the
White House Council on Environmental Quality
(CEQ) about the status ,of the USTR as a member
of the Interagency Work Group on Environmental
Justice (IWG).
Ms. King noted that the USTR had been invited to
participate in an environmental justice project and
also reminded the members of the subcommittee
that, under Executive Order 12989 on
Environmental Justice the USTR was not
identified as one of the federal agencies required
to integrate principles of environmental justice
into its programs and activities.
Mr. Garcia then pointed out that issues related to,
environmental justice along the U.S.-Mexico
border do not remain at the border, but
"accompany people as they travel farther into the
U.S." Ms. Cuykendall remarked in response to
Mr. Garcia's observation that the International
Subcommittee should advocate the' consistent
development and use of environmental standards
worldwide. Mr. Bravo then urged that
international environmental justice issues such as
New River be discussed at the roundtable
meeting.
4.2 Update on the Worker Protection Work
Group of the Enforcement Subcommittee
Mr. Velasquez provided an update to the
members of the subcommittee on the progress of
the Worker Protection Work Group of the
Enforcement Subcommittee of the NEJAC. Mr.
Velasquez remarked that standards related to
worker protection had been the focus of the
Oakland, California, June 2, 7998
6-5
-------
i jii'iiEiiiiniiiiiiii .naiiiiii1 ••
I iiL'iiiiiLiiiiiiiiiiiiiiiiiiii'iiiiiiiiiii'iihiii'iii1 »
I f iiKiiiiigiiBSifiiii!!!!;;;!'!!! ininiiii ^a* ii»i :
i!1!!!!!!!1!!:!!!!!!!!!!!!!!!!:]:!!!!!!;::!'':!"1!?1!!:!!!!!::
is ElHilfflW'SiliPf^^
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' WiefttftonalSubcommJttee
,; i ••:» IIIIH^
National Environmental Justice Advisory Council
I
,SSCj|ssJ2i]S atfjg SHSI& group. He stated that
S:rtS^daKfejfar,WQCker protection and the extent to
™P'!»3Rrhich such standards are enforced have
^^ eoonomjceffecte. He stated §§,311 example that
" "i'^"^fidTngttiafhas' been created i under NAFTA" had
JHJsplaced Jarm workers in Florida, because
1 •' - tojTiatoes imported from Mexico are le§§
,,; _____n Domestic produce. Trie standards
,EE!§5!?°0 that arejmposed on growers
fjjg, ylliii §t§t§§ £J2 QSl §PPly to owners of
Smjs flDS^SSi i§. §2n,ln.ysi therefore, the
" growers have a competitive edge
tfaey do not have toi meet those
J he said. , Mr. Velasquez then
emphasized that EPA, through the IWG on
al. justice should be obligated to
I i^s^~=- ;,::; ';i; protect their workers.
|. ' (lililHIll
Mr. Velasquez, added that, although growers in
fhe United States are required by the standards
for worker protection to ensure a safe
environment for their workers, the general
practice among growers is to put in place the
| mil least expensive and most minimal safeguards
':"";;;'! aljowable. Mr. Velasquez then described the
."«"•;!' I' "case of 'Mr. Rayjnundo Nava, a farm. worker |n
I,, , , , ,,, , if^, ^orth SiJaioE who dlid as a result of acute
pesticide poisoning after being exposed to
ssticjd^ while iW£rjan_g in a field. Mr. Velasquez
i^^SMS&!!S^LE^§ct'on Work Scaup
Jhe issue ofstandards forwg.rker
"islfiey apply to guest workers under
*^ ^ii'fiig H2A program of the U.S. Department of Labor
(IDOL). He noted that there are more than 7,000
H2A workers in North Carolina. In his experience,
he continued, when there is an official guest
worker program, there also is a significant
popufatioiurfnjegai immigrant workers. The case
of Mr. Nava is_ not ~an isolated case, Mr.
y^jagguizildded1 stating that lie believes there is
•"~ ^"^ ]j|jignTto'Sis type of tragedy" because
jress is attempting to revise the
Mr. Velasquez then stated that Mr. Nava probably
would be alive today if he had known that the
working conditions were unsafe, emphasizing that
he would like to involve all stakeholders, such as
growers, workers, and industry, in discussions of
worker protection issues during the roundtable
meeting. Mr. Velasquez commented further that
it has been shown that if a worker's environment
is improved, the end result will be higher
productivity gains. In closing, Mr. Velasquez
indicated that the International Subcommittee had
asked EPA to consult with DOL about its policies
related to protection of farm workers. Mr. Sielen,
responded that the , issue is not under the
provenance of EPA; however, he continued, EPA
had contacted DOL. Further, he stated that DOL
had identified a point of contact to provide to the
subcommittee information about DOL's policies.
is for protection of farm workers to make
I,,|e;s:|.stringent Mr. Velasquez observed that
""rggcemijer 1,g9Z meeting of the NEJAC, the
Worker Protection Work Group had made
tha| EPA, prepare training for
, , -TOe-iSSrSaBBSEi £lSS!°P !™nuals for specific crops,
imrW^wllAHiji^^S iQ.d.tnlQ iDlJependent companies to train
|rai»iiiwfcii**^B^cers. and develop a more active program of
3gn|1,,ol,wo.r|yer. protection standards. Mr.
jli^-'.sk-'^^^^-Velasquejz also suggested that EPA should
" " i otwiges'o? workers if workers
wgrj^, tigcgHSj, of,, potentially unsafe
bns in the fields.
||I| lllilllllBIIIIUIIHIiliilill' Illllllllll li'lHIIIIIIilnll1.1 1
I, illilllllflia^^^^^^
4.3 Presentation by Grupo Gaviotas, Rosarito,
California
Mr. Velasquez invited Mr. Roberto Lopez, Grupo
Gaviotas, to address the International
Subcommittee about concerns related to
environmental justice in communities along the
U.S.-Mexico border. Mr. Lopez indicated that he
represents a Mexican ecological group, Grupo
Gaviotas, located in Rosarito and Baja California
near the border in Mexico. Mr. Lopez explained
that, there is a government-owned power plant in
Rosarito that burns heavy fuel that creates smoke
and ash that constantly affect the nearby
communities. Mr. Lopez added that the
communities' protests are not heard by the state
of California. He requested the assistance of the
members of the subcommittees in persuading the
governor of California to listen to his community's
grievances.
Mr. Moore commented that the issues raised by
Mr. Lopez in his brief presentation are examples
of the environmental justice issues related to the
U.S.-Mexico border that should be addressed at
the roundtable meeting.
5.0 SIGNIFICANT ACTION ITEMS
This section summarizes the significant action
items adopted by the subcommittee. Those
action items are:
• Forward a letter to the Administrator of EPA
in which the NEJAC requests that the agency
support the international Roundtable on
Justice
.v .-;. "• : , -»;• -:!•;;:., Oak/land. California, June 2, 1998
S'i'iVJf^
-------
National Environment Justice Advisory Council
International Subcommittee
Review and provide comments on the draft
report developed by the subcommittee's-
Working Group on South Africa so that the
final report can be forwarded to the Executive
Council of the NEJAC for consideration.
Oakland, California, June 2,1998
6-7
-------
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-------
MEETING SUMMARY
of the
PUBLIC PARTICIPATION AND ACCOUNTABILITY SUBCOMMITTEE
of the
NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
June 2, 1998
Oakland, California
Meeting Summary Accepted By:
Designated Federal Official
Rosa Hilda Ramos
Chair
-------
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CHAPTER SEVEN,
MEETING OF THE
PUBLIC PARTICIPA TION AND ACCOUNTABILITY SUBCOMMITTEE
1.0 INTRODUCTION
Exhibit 7-1
The Public Participation and Accountability
Subcommittee of the National Environmental
Justice Advisory Council (NEJAC) conducted a
one-day meeting on Tuesday, June 2, 1998,
during a four-day meeting of the NEJAC in
Oakland, California. Ms. Rosa Hilda Ramos,
Community of Catano Against Pollution, continues
to serve as the chair of the subcommittee. Ms.
Renee Goins, U.S. Environmental Protection
Agency (EPA) Office of Environmental Justice
(OEJ), continues to serve as the Designated
Federal Official (DFO) for the subcommittee.
Exhibit 7-1 presents a list of the members who
attended the meeting and identifies the members
who were unable to attend.
This chapter, which provides a summary of the
deliberations of the Public Participation and
Accountability Subcommittee, is organized in six
sections, including this Introduction. Section 2.0,
Remarks, summarizes the opening remarks of the
chair. Section 3.0, Activities of,the Subcommittee,
summarizes the activities of the subcommittee,
such as a review of action items; discussions
about revisions in the model plan for public
participation; and the establishment of .a Puerto
Rico-Caribbean Public Participation and
Accountability Work Group to focus on
environmental justice issues in Puerto Rico and
the Caribbean. Section 4.0, Issues Related to
Public Participation and Accountability,
summarizes discussions about improving the
NEJAC's planning of site tours, improving the
public comment periods sponsored by the NEJAC
and improving the NEJAC's responses to the
public. Section 5.0, Presentations, summarizes
presentations made to the subcommittee on
issues related to public participation, including a
review of EPA's Community Advisory Group
Toolkit. Section 6.0, Resolutions and Significant
Action Items, summarizes the resolutions that the
subcommittee forwarded to the Executive Council
of the NEJAC and significant action items adopted
by the members of the subcommittee during the
meeting.
. PUBLIC PARTICIPATION AND
ACCOUNTABILITY SUBCOMMITTEE
Members
Who Attended the Meeting
June 2,1998
Ms. Rosa Hilda Ramos, Chair
Ms. Renee Goins, DFO
Mr. Frank Coss
Mr. Delbert DuBois
Ms. Annabelle Jaramillo
Members
Who Were Unable to Attend
Mr. Robert Holmes
Mr. Lawrence Hurst
Ms. Mamie Rupnicki
2.0 REMARKS r.
Ms. Ramos opened the meeting by welcoming the
members of the subcommittee. Commenting that
"many minds are needed to discuss the problem of
environmental justice," Ms. Ramos invited
everyone present to participate actively in the
meeting; She asked all participants to introduce
themselves briefly, and the participants did so.
Ms. Ramos then expressed her satisfaction that
representatives of all stakeholders were present,
including state and local government agencies,
community organizations, academia, and industry.
She was very pleased, she added, at the number
of EPA staff who were present. Noting that few
representatives of EPA regional offices had
participated in previous meetings of the NEJAC,
Ms. Ramos thanked the representatives of EPA
Region 9 who were present at the meeting.
3.0 ACTIVITIES OF THE SUBCOMMITTEE
The members of the Public Participation and
Accountability Subcommittee of the NEJAC
discussed various activities of the subcommittee.
They reviewed selected action items and
Oakland, California, June 2,1998
7-1
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National Environmental Justice Advisory Council
I
I
I lifiilh
I
lliilylSifll,,f?!5y!°y?|y considered or acted upon by
,ic gg^Jcigation of the. NEJAC^
'"'"" " Puerto Rico-
dfecussed
ill "Caribbean Publfo Particigatjon and Accountability
.lillHinil''"!!!!'!!.'!'!!!!.1
mos .......... led ......... g ........ discussion .......... of ....... sejgcted, ......... action .........
.,^'^1^ ..... lili ...... ISil ..... BiaiUfipJli ..... fiaibadjieen ..... agreed upon.
earlier meetings of the subcommittee. The .
_
and ........... j^pQmQn seminars, workshops,
arfd m^^n9s t° provide technical and
administrative information relevant to permitting,
~"^g®foj[cement processes, and proposed projects
the planning of the site tour; 3) Letter from the
NEJAC_iojepresentatives of local media; the letter
.s/jou/tf include a faci§heeiabout the NEJAC; 4)
„, Igigr frgm, the, MJEJAC. to. communities visited
during the site tour to thank them for their
|cgajroffje NJEJAC
of state and local agencies,
industry and other organizations that summarizes
ie"conreSs]and issues, raised by communities
during the site tour.
The members agreed that copies of sample letters
sent |2 sta|e and, (oca] agencies to invite them to
participate in the site tour conducted on May 31,
liEieupMjnciuded in the planning guidelines.
(See Section 4.1 of this chapter for a summary of
the members' d/scuss/pn of; site tours sponsored
devejopment^ and ...................... implementation^ ..................... of ................. the .....
] ..... accessible^
Develop draft guidelines for public commenters
that define the purpose of the public comment
periods, describe the mission and authority of the
NEJACt and ouOJne the general administrative
process of providing comments (for example, all
cqmnjenters wM jbe given five minutes to speak).
ateastftree times a year.
•-•THS:
Delta N/alente, EPA Office of Pesticides,
volunteered to prepare a draft transmittal letter for
the resolution, noting that she would send the
document to Ms. Goins for her review by the week
of June 10,1998.
•11 inn i in n i inn 11 in i in inin in gnu 11 iiiiiiiiiiiiii ill niin^ nun mill iniin inn i innii 11 iiiiiniiinninn nun inn imni nninniiii
Public Participation Resolution No. 7: The NEJAC
recommends that EPA develop^ strict guidelines
l^reguesi an^publish compjete
accurate Tnfprmation regarding proposed
and actions in permitting and processes
Requiring public announcements.
flnBl'IU hi iiiiiiiirii i •iiiiii i iiiiiiiiiiiiiii i ™»iimiii««iiiiiM nil "I" n I"' in in 111'i Hi 11
s, Valente offered to send Ms. Goins a draft
**• ""'*"'^ ~"~'**~ *" ~ " iiiiiiiiiiiii iiiiiiiiiiiiiii i i
transmittal letter for the resolution by the week of
June 10,1998.
The members identified several recommendations
to further improve site tours conducted during
meetings of the NEJAC. Ms. Anabelle Jaramillo,
Citizens' Representative to the Office of the
Governor of Oregon, recommended that the
planning guidelines be revised further to reflect
recommendations made during the June 1998
meeting. (Section 4.1 summarizes the members'
discussion ofgodrgcQ/smendai/ons about the site
tours conducted by the NEJAC.)
•Develop a series of letters to be prepared in
'conjunction with the conduct of site tours
sponsored by^e MJJA& 'The_senes wii/Jncjudei
i) Letter /torn *f5e""/yBMC to members of "the
community inviting fnem to participate and assist
fn the planning of the site tour; 2) Letter from EPA
:jregional staff to representatives of state and local
^government agencies and other appropriate
"Officials to invite them to participate and assist in
i,, i i M r ~
Forward to the Waste and Facility Siting
Subcommittee a recommendation that the NEJAC
consider a resolution requesting that EPA
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establish minimum cleanup standards and
^cqmjT^ujityparticipation requirements at the state
level for the cleanup of sites on the National
Priorities List^NPL).
, i! | i i i i' I , * I" i'ii "| 111 i| ' i ,'"
Ms. Goins informed the members that a letter to
Mr. Charles Lee, United Church of Christ
Commission on Rajaa! Justice and, chair, of the,
Waste, and Facility Siting Subcommittee, had been
developed in light of the Public Participation and
Accountability Subcommittee's discussions about
this issue. The letter, signed by Ms. Ramos, will
be sent to Mr. Lee for review by the members of
Oakland, California, June 2,1998
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National Environmental Justice Advisory Council
Public Participation and Accountability Subcommittee
the Waste and Facility Siting Subcommittee,
added Ms. Coins.
Develop a report that analyzes and critiques the
process of, and identifies the lessons learned
from, several NEJAC-sponsored public
participation activities,'including the site tours,
satellite downlink of public comment periods, the
Public Dialogues on Urban Revitalization and
Brownfields, and the Enforcement and Compliance
Assurance Roundtable.
The members identified several recommendatipns
to further improve site tours and public comment
periods conducted during meetings of the NEJAC.
(See sections 4.1 and 4.2 of this chapter for
discussions and recommendations about site tours
and public comment periods.)
3.2 Revisions of the Model Plan for Public
Participation
Referring to discussions of the members during
previous meetings of the subcommittee, Ms.
Ramos emphasized that The Model Plan for Public
Participation should not be considered a tool for
public participation. The subcommittee, she
explained, should identify revisions of the model
plan that will specify that the document-is intended
to provide guidelines for the conduct of public
meetings, not for processes related to public
participation. Ms. Ramos expressed her concern
that many stakeholders currently view the model
plan as a tool for use in incorporating the
participation of communities into decision-making
processes.
Mr. Robert Knox, Acting Director, EPA OEJ, and
acting DFO for the Executive Council of the
NEJAC,.informed the members that no action had
yet been taken in response to an earlier resolution
of the NEJAC that had urged the formal adoption
of the model plan by the Administrator of EPA for
implementation throughout EPA and by the
Interagency Working Group on Environmental
Justice (IWG). Noting that he recently had
received a telephone call from a representative of
EPA's Office of Planning, Policy, and Evaluation
(OPPE) to whom the' resolution had been
forwarded, Mr. Knox stated that OPPE was unsure
about what steps it should take with regard to the
resolution. Mr. Knox added that every program
office of EPA has a public participation program,
suggesting that the subcommittee should revise
the model plan to focus on the conduct of public
meetings, rather than on public participation
processes in general. Ms. Ramos agreed,
reiterating her concern that the model plan should
state clearly the difference between how to
conduct effective public meetings and how to
ensure public participation in decision-making
processes. EPA is using the document as a
substitute for involving the public, she declared.
Ms. Ramos stated that she had heard that the law
requires that meetings between federal officials
include a member of the general public, and
speculated whether such is the case. EPA, she
emphasized, should not be permitted to hold
"secretive meetings." Ms.' Maria Cintron-Siiva,
EPA OEJ, spoke about issues.of confidentiality,
pointing out that situations do arise in which EPA
cannot invite members of the public to participate.
Ms. Jaramillo agreed, expressing her concern
about Ms. Ramos' recommendation that the public
be invited to participate in every agency meeting.
Referring to her experience as a member of the
staff of a state agency, Ms. Jaramillo stated that
government agencies must have latitude to allow
staff to "brainstorm ideas and identify resources"
before contacting the public. She agreed with Ms.
Ramos that EPA needs guidance on incorporating
public participation early in its processes, but
recommended that-the subcommittee discuss how,
to revise the model plan to ensure that the
, document explains clearly how to conduct effective
public meetings.
The members also agreed to:
• Change the title of the document to "The
Model Plan for Public Meetings"
• Review the model plan and send
recommended revisions to Ms. Goins
Noting that Mr. Frank Coss, Comite Timon de
Calidad Ambiental Manati (COTICAM), was
attending his last meeting as a member of the
subcommittee, Ms. Jaramillo invited Mr. Coss to
share his recommendations for revisions of the
plan, adding that she valued his input about how to
improve the effectiveness of the model plan. Ms..
Goins agreed to compile the responses and send
a revised copy of the document to the members.
The members agreed that, once the document had
been revised, the subcommittee would forward it
to the Executive Council of the NEJAC for review
and approval.
Oakland, California, June 2,1998
7-3
-------
a- !•:! s ,*i( '3.3 Recommendation of the Establishment of
a sagjts eiEsisIsiisaB filMIs,,,
'anticipation "_ and' Accountability Work
"-•Ms. Ramog bggan the discussion by_ referring to a
Tutor!" 'adopted by the members of the
pQfcicommittee during its December 1997 meeting
Ijjg cjgajon gf a public
legation arid arcountabijity work group in
', QpjQjjmejicjing the efforts of Mr. Coss
S^jS a
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National Environmental Justice Advisory Council
Public Participation and Accountability Subcommittee.
excellent event. Ms. Ramos specifically thanked
Ms. Michelle Whitehead-King, EPA OEJ, and Mr.
Romel Pascual, EPA Region 9, for leading the
planning process. She then invited Ms.
Whitehead-King and Mr. Pascual to share their
thoughts about planning the site tour and offer
recommendations for changes in the draft planning
guide for organizing and conducting site tours
sponsored by the NEJAC. Exhibit 7-2 presents
information about the draft planning guide, which
was developed after the December. 1997 meeting
of the subcommittee.
Acknowledging the contributions of members of
the subcommittee, Ms. Whitehead-King began by
providing an overview of the process of planning
site tours, explaining that the primary purpose of
such tours is to educate and inform members of
the NEJAC about environmental justice issues
affecting the local community in which meetings of
the NEJAC are held. The site tours are designed
to give members of the NEJAC a better
understanding of local issues that are expected to
be raised during public.comment periods, she'
added. Ms. Whitehead-King then described the
steps involved in planning a site tour, emphasizing
the importance of establishing a local planning
task force. Discussing how members of the local
planning task force were selected for the Oakland
site tour, Mr. Pascual noted that EPA had
contacted several former and current members of
the NEJAC who live in the San Francisco area to
help identify community representatives to serve
on the planning committee. Citing the "luxury of
the rich activism" of environmental justice
organizations in EPA Region 9, he stressed that
planning the site tour had been a process led by
the community. Ms. Peggy Saika, Asian Pacific
Environmental Network and former chair of the
Public Participation and Accountability
Subcommittee, and Mr. Richard Moore, Southwest
Network for Environmental and Economic Justice'
and former chair of the NEJAC, had served as co-
chairs of the planning committee, reported Mr.
Pascual.
Referring to the Model Plan for Public
Participation, Ms, Whitehead-King and Mr. Pascual
noted that the document had provided an initial
model for organizing the site tour, as well as a
model for communicating with people. . Mr.
Pascual then discussed the strategy undertaken
by the members of the Oakland planning task
Exhibit 7-2
PLANNING GUIDE TO ORGANIZING
AND CONDUCTING SITE TOURS
The "Planning Guide to Organizing and !
Conducting Site Tours Sponsored by the
NEJAC" is a draft document intended to assist
those individuals who organize and conduct site
tours sponsored by the NEJAC. The document
incorporates recommendations made by ,
members of the Public Participation and
Accountability Subcommittee during previous
meetings of the subcommittee, as well as
members of local planning task forces that have
conducted site tours at previous meetings of the
NEJAC.
The purpose of conducting site tours is
explained and the role of members of the
NEJAC, staff of EPA, and members of local
planing task forces is discussed. Included in the
document is a comprehensive planning guide
that includes several tools to help facilitate the
planning of site tours, such as:
Checklist for planning
Milestone chart of key. activities
* Sample narration
• Sample handouts
• Sample driving instructions
• Sample letters
•force to ensure that the "right people" were invited
to participate in and attend the site tour. The task
force was careful to identify and fnvite individuals
who make decisions that affect members.of the
communities to be visited during the tour, he
explained. He also mentioned that the Oakland
planning task force had two subcommittees, one
focused on communications and the other on
logistical issues related to the site tour.
Commenting that several members of the task
force had had experience in conducting.site tours,
Mr. Pascual stated that their experience helped
ensure that the tour was a success. Ms.
Whitehead-King specifically cited the contributions
of Mr. Henry Clark, West'County Toxics Coalition,
and Mr. Allen Edson, African American
Development Association, members of the
planning task force who have much experience in
planning and conducting site tours.
Oakland, California, June 2,1998
7-5
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Public Participation and Accountability Subcommittee
National Environmental Justice Advisory Council
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National Environmental Justice Advisory Council
Public Participation and Accountability Subcommittee
letters, he ,said, would be to raise awareness on
the part of state agencies of the' issues and
problems of local communities. Commenting that
EPA, for example, generally knows about the
concerns of communities, he suggested that the
letters be directed to those decision makers who
are unaware of the problems or are making
decisions that affect communities. Ms. Whitehead-
King replied that similar letters were prepared and
sent to representatives of local and state
government agencies; she agreed to include
copies of those letters in the planning guide. Mr.
Pascual added that EPA Region 9 had conducted
a "deliberate letter campaign" to encourage
representatives of'State and local agencies and
industry to attend the meeting and the site tour.
Ms. Whitehead-King also offered to include in the
planning guidelines a summary discussion of the
site tour to provide specific guidance for planning
future site tours.
/ . ...
Stating that it is important to follow up on issues
raised during the site tour, Mr. Pascual confirmed
that EPA Region 9 will contact the communities
visited to determine "what worked and what did
not." He also added that some of the communities
visited during .the site tour, as well several
participants and observers, had requested that
more such tours be conducted.
4.2 Public Comment Periods of the NEJAC
Ms. Ramos opened a discussion of the conduct of
public comment periods by the NEJAC with a
recommendation that .the members review the
draft guidelines for public comment sessions and
identify improvements needed in them. In
addition, she suggested, the guidelines should be"
revised to allow members of the NEJAC and staff
' ^>f EPA to provide comment during those sessions.
The NEJAC "cannot restrict the constitutional right
of private citizens" to submit testimony, stated Ms.
Ramos, referring to discussions she had had with
"EPA lawyers" to whom she had voiced the same
concerns. Ms. Jaramillp disagreed, emphasizing
that she believed that public comment'periods
should be reserved for members of the. public.
Because the members of the NEJAC, she stated,
have the opportunity to "talk at any time," she
could not agree that they should have the
opportunity to "exercise their constitutipnal right to
speak" during the public comment periods. Ms:
Ramos objected, stating her belief that members
of the NEJAC might wish to raise issues that have
not been brought before the Executive Council.
The members of the subcommittee also discussed
the need for strict enforcement of the five-minute .
limit on the length of comment! Referring to
commenters who spoke for longer than five
minutes during the public comment period
conducted on the previous evening, Ms. Ramos
stated that the limit is ineffective, adding that "it is
not fair for the NEJAC to allow some commenters
more time than others." Everyone, Ms. Ramos
emphasized, must be given the same amount of
time. The other members agreed, suggesting that
the subcommittee consider other means of
notifying commenters when their time is up. Mr.
Coss, citing the need to be fair to all speakers,
suggested that a time limit also be established for
members of the Executive Council. Members of
the Executive Council, he said, sometimes "go into
too much detail," thereby detracting from the
presentations of commenters. Ms. Jaramillo
agreed, adding that members of the Executive
Council should limit their comments to those that
reinforce an issue or clarify a point raised in a
comment. .
Ms. Coins, reminding the members of their
responsibility for ensuring that the NEJAC is held
accountable for responding to and tracking action
items identified during public comment periods,
suggested that the members devise a system or
process for ensuring that the NEJAC follows .up on
issues identified and resolutions sent to the
Administrator of EPA. Ms. Ramos then suggested
that members of the subcommittee work with
members of the NEJAC Assessment Work Group
to develop guidelines for ensuring the
accountability of the NEJAC. The members
agreed to take, that action, and Mr. DuBois offered
to represent the subcommittee during the first
meeting of the work group, scheduled for June 4,
1998.
The members agreed that the guidelines for public
comment sessions should be revised as follows:
• Recommend that members of the
subcommittees of the NEJAC be permitted to
make presentations at the end of public
, comment periods, as time permits
• Schedule a public comment period after the
reports of the subcommittees have been
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National Environmental Justice Advisory Council
|.L;IMW[i|MJtA^ presented toallow^embers of fig, public to,
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documents that are available. The NEJAC can
have a positive influence on issues and can share
success stories, Ms. Harden stated; however, she
recommended that the letters include information
that will help communities identify solutions to their
problems. Ms. Harden added that the NEJAC also
provides valuable assistance by bringing together
members of communities and staff of EPA. Doing
so is important, she stressed, noting that
community members often are elated to meet with
staff of regional EPA offices.
In response, Ms. Jaramillo suggested that, in its
written and verbal communications to members of
the public, the NEJAC should be more "positive
and proactive" by Identifying potential sources of
assistance and describing more fully the role of the
NEJAC and its activities. Identifying an
appropriate point of contact in one of the NEJAC
subcommittees also might be helpful, she added.
Agreeing, Ms. Ramos conceded that, in their
efforts to avoid prompting inaccurate perceptions
about the NEJAC's ability to resolve problems,
members of the NEJAC have forgotten about the
number of resources that are available to assist
communities. Ms. Harden welcomed their
suggestions and emphasized that communities
need access to information so they can identify
action that is "doable" and realistic. The NEJAC,
Ms. Harden stressed, can help give communities
the power and information they need to "push
through" and resolve their concerns themselves.
5.0 PRESENTATIONS
This section summarizes the presentations made
to the Public Participation and Accountability
Subcommittee. ,
5.1 Use of Neutral Professionals in Issues
Related to Environmental Justice
Mr. David Batson, EPA Alternative Dispute
Resolution Liaison, presented information about
consultation and dispute resolution services
available to public and private parties involved in
issues related to enforcement and compliance
activities, development of regulations or policy,
and implementation of a remedy at a site. First, he
stated that he hoped to leam from the participants
why communities do not use alternative dispute
resolution (ADR) more frequently than they do. He
invited comments and suggestions from ~ the
participants about how to make ADR more
effective. Stating that he had worked in ADR for
J5 years, Mr. Batson noted that he recognizes the
reluctance of representatives of government
agencies and communities to use ADR as a tool to
. help overcome tensions-related to disputes.
Discussing the variety of ADR specialists who are
trained to help people resolve problems and to
.avojd lawsuits, Mr. Batson commented that many
such specialists, often referred to as "neutrals,"
are trained to resolve legal, community
involvement, and neighborhood disputes. The
three roles of a neutral facilitator, he identified, are
to help people negbtiate more effectively, to
prevent lawsuits, and "create a door" for
communications among individuals who are finding
it difficult to meet with their opponents.
Emphasizing the important role of ADR in helping
to resolve what often are emotional issues, Ms.
Batson stated that neutral facilitators can help to
ensure that the thoughts and concerns of all
, individuals are aired.
Ms. Ramos asked whether EPA had conducted
any research to determine why communities do
not use ADR. Citing the distrust of government
agencies in many communities, she suggested
that ADR perhaps is not working because the
participants do not trust neutral facilitators or the
ADR process itself. Mr. Batson agreed that trust
among all participants is vital to the success of the
process, citing specific cases in which the federal
government had, used neutral facilitators to bring
parties together. All parties to the process, he
stressed, must trust the neutral facilitators. He
added that the use of a neutral facilitator allows all
parties to participate more effectively.
Ms. Jaramillo asked how to overcome the
perception that a neutral facilitator represents a
government entity with which a community may be
in conflict. Mr. Batson acknowledged that such a
perception sometimes cannot be overcome, but he
added that the facilitator then could identify other
facilitators who do not represent government
agencies! Mr. Batson added that the
demographics and ethnic composition of an area
can have an effect on identification of an
appropriate neutral facilitator. It is often best, he
explained, to have an entity other than the
government agency involved determine who.
, should participate in the negotiations.
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Continuing, Mr. Batson explained how to identify
the most appropriate neutral facilitator. The key,
', ........ Is. ............. !°- ............. M!< ......... J2 .............. rnembers of a
entify ................. !0^!^H?ls whom the
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National Environmental Justice Advisory Council
1 ...... — - ....... ,.,
I ^s!Eiril£I^ be credlE'Ie" ............... Mr"' ........ §a-fson ...... then ..... describe.^ different
liSiiiMSi ......... HOW types of dispute resolution, noting that different'
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He ......... also ........ acknowledged that some
adjudication,
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requre adjudication, _ explaining, for
— •. that issues related ..... to ...... the ...... selection ...... of an, .......
appropriate cleanup remedy for a Superfund site ^
and how that decision affects the local community
— "'-^dJffB£frgrn_isjsues ..... associated ..... with ..... enferoerneQt ........
........ ......... compliance by a facility with ........ enyirpnmenta!
I laws.
[ In response to a question about whether EPA has
' any authority to engage states in ADR, Mr. Batson
lilSiSiESS;?!;?!; "noted1 'that some, states are "more ..willing to
negotiate with EPA than othersl However, he
grided, EPA cannot force a state to use a neutral
.i_,_,., i facilitator, he said. Ms. Jaramillo , agreed,
fi^MesclibTn'g ReT'expefience''^^ states that have
== 'declared themselves quasi-independent from the
federal government and that are not willing to
negotiate with any federal agency on matters
related to their programs or policies. That stance,
Ms, Jaramillo stated, is a barrier to bringing states
noted. The process, he said, gives members of a
local community an opportunity to influence policy
making. He then suggested that the subcommittee
contact Ms. Debbie Dafton, key point of contact for
EPA's R^GJifEG, program, for more information;
Ms. Dalton can be reached at 202-260-5495, he
said. ,
Turning to a practical application of ADR, the
members then discussed issues related to the
application of the Shintech Corporation for a permit
tobunda poly vinyl chloride (PVC) facility in St.
James Parish, Louisiana. Referring to contentious
issues related to the facility, Mr. Batson noted that
EPA initially did not have jurisdiction over the
permit process for the Shintech facility. At the
request of EPA Region 6, Mr. Batson said, he had
visited St. James Parish to determine whether it
would be, possible to identify a neutral facilitator to
support negotiations. He noted that he had visited
first wjth members, of fecal communities, then
brought in two neutral facilitators who represented
an enyironrnental justice organization based in
Atlanta, Georgia to establish a dialogue with
members of the communities. The process
currently was moving into its second ,phase, he
continued, the conduct of,djscu§s|Qns,,,,an[iQng all
parties involved in the case.
Mr. Batson then described EPA's use of regulatory
negotiation, a form of ADR he referred to as
"REGNEG," in approximately 40 large cases
.1"". related to disputes. oy^ejTyJronmejite^r^uJations.
at the request
: - " of an 'EPA office or any party who rnay^be affected
by a reguliBoni REGNEG is used during the
development of regulations, he explained.
Reviewing the normal process of developing
»'iPgUlatfons, he commented that regulations often
j^^O^feject to lawsuits, which prevent tine
Peculations from taking effect for many years after
IKey are issued. EPA has found, he said, that
using REGNEG helps ensure jhe adequate
of
Ms. Harden disagreed with Mr. Batson, stating that
EPA Region 6 "forced ADR on the community."
The community, she emphasized, did not initiate a
request for ADR, but EPA Region 6 insisted that
the process be conducted. Ms. Harden,
expressing her frustration that the government is
setting the terms of the negotiations, stated her
IN i illiii 1111
lililll development of regulations before a draft
regulation is promulgated. Mr. Batson explained
that the process involves the convening of a
federal advisory committee comprising of
representatives of all affected parties, including
' comniunHy and industry, to negotiate the language
of a regulation. Once the members of the advisory
committee reach consensus, EPA publishes the
draft regulation for public comment, Mr. Batson
opinion that the "common ground" among all the
parties is concern for economic development. The
problem, she said, is that representatives of the
state government, industry, and the community
groups have different views about economic
development. In response, Mr. Batson
acknowledged the complex issues associated with
the Shintech facility, adding that the "dynamics" of
the situation also are divergent. He also pointed
out that, although he was not claiming that the
issues had been resolved by. bringing in neutral
facilitators, he believed that it would have been
difficult for EPA to open discussions without their
assistance. A member of the audience then asked
whether a decision against the building of the
Shintech facility ever had been considered. Mr.
Batson then commented that perhaps a neutral
facilitator should have been involved at the
i iii i ii in iiiiii
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National EnvironmentalJustice Advisory Council
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beginning of negotiations to conduct a discussion
about whether the facility was needed. Ms.
Harden, commenting that the negotiations would
begin anew since a permit to build the facility was
denied, reported that the ADR process focused on
how to handle a decision to build the facility. It was
never, she stressed, a "yes or no decision" about
building the facility.
Expressing the wish that communities become
more involved in decision making, Ms. Ramos
stated that neutral facilitators could help to
facilitate a process that ensures equal participation
of all stakeholders in decision making. Agreeing,
Mr. Batson added that steps must be taken to
ensure that everyone involved is comfortable with
the neutral facilitator. That fact does not mean that
everyone will be happy with the outcome, Mr.
Batson added, but he emphasized that the neutral
facilitator must appear unbiased. A member of the
audience, Mr. David Schlossberg, Department of
Political Science, Northern Arizona University,
remarked that the use of a neutral facilitator allows
a company or industry to be on equal footing with
a community. Why allow a company to be equal,
he asked, commenting that the concerns of a
company should not carry equal weight with the
concerns of communities that are affected by
activities associated with a facility. Mr. Batson
then suggested that a neutral facilitator can help to
."knock out" the imbalance of power and ensure
that the views of a community are heard.
Commenting further, Ms. Ramos emphasized that
communities need extra help .to attain equal
footing with government and industry.
Communities need resources, she stressed, to
allow them to be equal with those who have most
of the power. She also recommended that EPA
consider preparing reports that examine how fair
and equitable ADR is for communities. Mr. Coss,
commenting favorably on the need for neutral
facilitators, cited several cases in Puerto Rico in
'which such facilitators helped to resolve disputes
successfully. Negotiation, he emphasized, helps
bring people together to talk with one another. A
facilitator does npt have the power to determine
who is right or wrong, Mr. Coss added.
.. s - . ,, '
Mr. DuBois then recommended that EPA consider
conducting a pilot ADR project in Charleston,
South Carolina. Mentioning his involvement in
•several court cases, Mr. DuBois stated his interest
in exploring alternatives to litigation. Mr. Batson
invited Mr. DuBois to contact him to discuss the
suggestion more specifically. Mr. DuBois then
offered to report to the subcommittee on how
successfully ADR had been applied in his
community.
Concluding his presentation, Mr. Batson reported
that agency wide guidance on using ADR currently
was' under development He then invited the
members of the subcommittee to review the draft
guidance, adding that he wished to ensure that the
document addresses the needs and issues of
communities.
5.2 A Community-Based Environmental
Protection Framework for EPA
Mr. Gerald Filbin, EPA OPPE, Office of
Sustainable Ecosystems and Communities
(OSEC), thanked the members of the
subcommittee for taking the opportunity to review
in more detail a draft document titled, EPA's
Framework for Community-Based Environmental
Protection. Mr. Filbin then distributed to the
members copies of a memorandum from Mr.
Leonard Fleckenstein, Acting Director, EPA
OSEC, that included guidelines for reviewers of
the draft framework and a copy of the draft
framework. Inviting comments from the members
about how to ensure that the framework
establishes a process that will help EPA work
more effectively with state, local, and federal
governments; tribes; .and civic and nonprofit
organizations, Mr. Filbin encouraged the members
to ask him to clarify any questions they might
have.
Mr. Filbin began his presentation on commuhity-
based environmental protection (CBEP) ,by
providing background information about EPA's
reasons for developing the framework and.
describing what the agency hopes to accomplish
by implementing the framework. Exhibit 7-3
provides a more detailed description of CBEP.
CBEP, he continued, is a new approach for EPA,
which describes how the agency is going to
conduct its business to protect the environment.
Referring to EPA's mission to safeguard human
health and the environment, Mr., Filbin cited EPA's
success over the past 25 years, in reducing
pollution in many places around the country and
improving the overall quality of the environment.
He pointed out, however, that EPA has realized
that its approach does not address all
Oakland, California, June 2,1998
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ublic Participation and Accountability Subcommittee
National Environmental Justice Advisory Council
made to geVe|Op a policy and planning document
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COMMUNITY-BASED ENVIRONMENTAL PROTECTION
The U.S. Environmental Protection Agency (EPA) defines community-based environmental
protection (CBEP) as "a holistic and collaborative approach to environmental protection that
brings together public and private stakeholders within a place or community to identify
environmental concerns, set priorities, and forge comprehensive solutions." CBEP is a means to
address a broad range of environmental problems; such an approach includes consideration of
such factors as human social needs, health of the ecosystem, economic prosperity, and
development of sustainability in communities. In general, EPA approaches environmental
problems by focusing on issues related to a single medium, such as water or air; in contrast,
CBEP involves consideration of the total environment.
The core principles of CBEP are:
• Focus on a definable geographic area '
• Work collaboratively with a full range of stakeholders through effective partnerships
• Assess, protect, and restore the quality of the air, water, land, and living resources in a place
as a whole •
• Promote sustainable communities and ecosystems by integrating environmental, economic,
and social objectives
• Take public and private action using the most appropriate regulatory and nonregulatory
activities to forge more effective solutions to community and regional problems
EPA's Goals for CBEP are to:
Achieve environmental results that are consistent with EPA's mission and base program
goals on those stated in EPA's authorizing statutes and strategic plan
Support communities' efforts to use, protect, and restore natural resources — land, air,
water, and biodiversity — in ways that help ensure long-term ecological, economic, social,
and human health benefits for ourselves and for future generations
Help communities address environmental concerns and issues not amenable to traditional
federal regulatory approaches, such as urban sprawl, control of nonpoint source pollution,
and loss of biological diversity
Promote integration of EPA programs and activities in ways that complement and improve
existing regulatory frameworks and deliver EPA's programs and services in ways that
enhance sound community-based decision making
„„: ,„, .,,<; .n:,, i «, ;• Ti»",,
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National Environmental Justice Advisory Council
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that would define how EPA will involve all
stakeholders in a collaborative approach to
identifying environmental concerns and
comprehensive solutions, Mr. Filbin stated.
Emphasizing that CBEP is new approach, not a
new program for the agency, he stated that the
approach supplements and complements existing
tools for environmental protection. Mr. Filbin also
reported that the draft document is under review
by external parties, including private organizations;
community groups; and state, tribal, and local
governments. He added that the document is not
yet considered a policy statement of the agency.
In response to a question from Ms. Ramos about
how a "place" is identified, Mr. Filbin reported that
EPA's definition of a "place" often changes as
more is learned about a particular community.
Citing his ,own community's experiences with
CBEP, Mr. DuBois then stated that, as the
principles of CBEP are applied, a "place" can
become so large that a small community such as
his can lose its "voice at the table." Mr. Filbin
replied that, although he could not comment
specifically on the problems experienced by Mr.
DuBois and the members of his community, he
considered the issues raised by Mr. DuBois a
problem that must be resolved. Mr. Filbin
explained that EPA often tries to involve many
voices within a community. The result, he said, is
that the size and definition of the community
grows. As a result, he continued, smaller
communities sometimes forge alliances with large
communities "to retain their voice." Mr. DuBois
then inquired whether EPA's definition of
"community-based" protection really means "state-
based" protection. Expressing his frustration that
representatives of industry and state and federal
agencies "have all the power," Mr. DuBois stated .
that community organizations in Charleston, South
Carolina are not recognized or involved in
decisions. In reply, Mr. Filbin noted that the
situation Mr. DuBqis had described does not
indicate the way CBEP is "supposed to work."
Communities, he stressed, are supposed to be
involved in decision making.
Suggesting that EPA consider a more vague
definition of "community" or "place-based
approach" to allow more flexibility, Ms. Jaramillo
expressed her concern that a narrow definition of
what constitutes a community or place might limit
consideration of issues related to the effects of
environmental hazards on cpmmunities. Referring
to a salmon recovery and restoration project in
Oregon, she commented that the , state had
employed a place-based approach to restoring a
salmon fishery and avoiding a listing on the
National Priorities List (NPL), a list of the .most
seriously contaminated hazardous waste sites
identified for possible long-term remedial action
under the Superfund program. The approach, she
said, included examination of watershed issues,
the effect of industries on the watershed, and the
effect of those industries on such stakeholders as
fisheries and communities living along the river.
Such an approach, she went on, ensured that the
community did not lose its voice and that the
concerns of all stakeholders were given the
"appropriate weight."
Mr. Filbin then continued his presentation,
emphasizing that the draft framework.is intended
to help the agency work with communities. It is
designed to help ensure that EPA is accountable
for its activities and to establish priorities among
decisions to be made within the agency, he said.
Mr. Filbin stressed that the document is not
designed for use by communities, nor is it intended
to guide the actions or decisions of communities.
Referring to the establishment of collaborative
relationships, Mr. Filbin pointed out that it is the
intent of EPA to work with all stakeholders.
Stakeholders may include individual residents and
landowners, community groups, environmental
and conservation groups, businesses and industry
associations, and government agencies, he said.
EPA recognizes, he said, that members of a
community must have a major voice at the table.
Mr. Ted Coopwood, EPA Office of Children's
Health Protection, asked how issues related to the
protection of children's health will be addressed
under the framework. He suggested that
responding to such issues may require special
arrangements and planning. Mr. Filbin replied that
issues related to children's health would be
considered in ways that would vary depending on
the place. .
Describing in more detail why CBEP is a different
approach for EPA, Mr. Filbin explained that CBEP
moves the agency beyond a single environmental
medium, such as air or water, to a multimedia
approach. Stating that EPA does not want to lose
its ability to protect individual media, he added that
the new approach helps the agency determine
when environmental media are "interlaced" and to
Oakland, California, June 2, 1998
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iiiiiiiiiiiiiiiiiii ..... mil i
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, .,;,, , s, : :;add,ress, a broad range of issues. Ms. Jaramillo
|™^^^^^^ wondering whether EPA
:" — —^^"consldeT the.'^whole picture" in issues related
1ESIDQJMDS 91 [e,9u'a*ory processes, rather than
I on, for exampje, the Clean Air Act (CAA)
"That li'tihe goal of
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onded Mr. Fiibin.
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to vi°Iatlons and wrongdoing of industry,
s. Ramos remarked that companies sometimes
r^T^lllfe granted air permits to expand their operations.
I ...... • ....... ' ..................... ' ................................................ " ................. ' .................. i ..... even ......... though the company might be polluting
[[[ water. She askeijj whether EPA ...... would ..... consider
........................ jdjpg in CBEP the ................. development ................ of ................. a_
SSojpgy for classifying ..... Sdusf ries7 Mr. 1 1 Fiibin i
...........
1 i iiiii ,iii I
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Describing how EPA plans to implement CBEP
within the agency, Mr. Fiibin noted that its
implementation will require reorientation of EPA's
programs, including education and training
programs for staff of EPA. He stated that a
conference was to be conducted in the summer of
P1g§8 ................ a| ............... EPAJs ................ yajionaj ................. Exposure ......... Research
Laboratory '"in Las Vegas, Nevada. The purpose of
the conference would be to identify various tools
EPA should consider using in implementing CBEP,
he noted. [[[ ,
jtert he also acknowledged that, although
may give a company the "green
light," the agency does not always follow up when
a company later commits a violation. He agreed
jiiisai; ..... i ..... B ...... | ..... with ......... Ms. ......... Ramos, ........ fhat ........ such ......... acjon .......... mgy ........ have ...... an
!!! ..... gyye'^e'elfeTI^^^ of an
Industry or a facility. Replying that EPA has all the
tools needed to label a company a "bad company,"
Ms. Ramos observed that EPA should develop a
"bad boy policy."
............................................... ................. T «
£- Referring to a grant program funded by EPA called
the "CBEP Fynd^ .......... Mr. ........ Fiibin ....... discussecJ ......... several
C'BEFprograms ..... fo_be ..... conducted ....... during the
snJB£J§E ........... fiie. ........... 2'M .......... PIP;9rams'
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................ .............. ............. . ................
be ..... used to resolve issues within the
- One °f t"6 criteria for the awarding of
is that the£pjTTrnunity_ ..... must ..... look beyond the
...... ' ..... "
ig process and consider Hie environmental
- , : »;,;. , \ ;;;, , : jssues w}thin the community as a whole, he said.
i jFor example, he explained, a |gCjjjty might be in
|S60mpIiance with the CAA, but may be violating
-; ; " ~'I .Water treatment regulations. Mr. Fiibin then
--^~~~"~~~ISljliiiii.fiYHnlisf?,ass°5!ai§^ with use olSe
' ' ' ' ^§jj^£gK^]jot'ng that EPA'needs tools to™
|c jgss^'groBjernsi that currentiy iare not being
'liSSressed "and to ensure that the, agency is
to the needs of communities. CBEP,
is "a better way of doing
He also stressed the importance of
IlilllU^^^^^ IIIIIIIiH
Illlllllill IIIIIIIH^^^^^^^^^ IIIIUIl
I
iing community infrastructures that
:^^^ to continue to solve problems Jong
; resolved the issue that, brought the
'" into i the rammunity.
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, Inquiring how a process that is fair to all
stakeholders can be guaranteed, Ms. Ramos
asked whether,,, there is 3, "mathematical approach
to equip communities with the same level of power
and influence" industry has. Referring to "abused
communities that are affected by the wrongdoings
of industry," she expressed concern that state
governments usually support industries because
state financial resources come from industry.
Representatives of state governments and
industry therefore are partners who vote against
communities, she said. In response, Mr. Fiibin
stated ttiat.lhiejras.notaware of any mathematical
approach or process to ensuring that^communities
are "given an equal voice, but he a(jded that EPA
recognizes that a single vote for a community
represents many voices within a community. He
also mentioned that EPA makes every effort to use
the tools of social science to help communities
become engaged, in the resolution of issues that
affect them, Mr, Eilbin then stated that CBEP is a
tool that can help meet the goals of environmental
justice by helping to ensure that the views of
people who have not been heard in the past will be
heard, CBEP, he continued, reaches beyond
issues associated wjth determining the absence of
disproportionate risk to such issues as the
equitable distribution to minority communities of
the benefits of environmental protection.
Stating his opinion that the "environmental justice
portion of CBEP is not working," Mr. DuBois
retteratediihisiiconcerns,,,,§bQ,ut how CBEP is,being
implemented in his community in Charleston,
South Carolina. He referred to what he
characterized as the "imbalance of power," stating
that representatives of industry always vote
against the communities, as indicated in a report
he said he had submitted to the NEJAC as written
-------
National Environmental Justice Advisory Council
Public Participation and Accountability Subcommittee
in Charleston on April 23, 1998. CBEP is
"unempowering the communities," he stressed,
citing the resources and support provided to
industry. Mr. DuBois then stated that CBEP had
divided his once-cohesive community. Expressing
his opinion that, as far as community members are
concerned, Charleston "will, be changed for the
worse after CBEP is over," Mr. DuBois also
suggested to all those present at the
subcommittee that they not allow "CBEP to come
into their communities." Mr. Filbin then replied that
Mr. DuBois' remarks indicated that the "CBEP
process is broken" in Charleston. The' problems
experienced by, Mr. DuBois and his community,
Mr. Filbin emphasized, are "not supposed to
happen." Mr. Filbin offered to work with Mr.
DuBois to address his concerns.
In response to an inquiry from a member of the
audience about the support for CBEP among
EPA's regional offices, Mr. Filbin noted that some
regions support the new approach, while others
are less supportive. Mr. Cecil Bailey, EPA Region
7, indicated surprise that he had not learned more
during Mr. Filbin's presentation about the role of
environmental justice in CBEP, noting that CBEP
lacks the support of an Executive order like
Executive Order 12898 on Environmental Justice,
which established environmental justice as a
national priority. CBEP will need "something to
back its implementation," said Mr. Bailey. He also
suggested that Mr. Filbin consider "linking CBEP
with the Community Advisory Group Toolkits"
developed by EPA's Community Involvement and ,
Outreach Center (CIOC). Members of the
subcommittee also should use the toolkit, he
added. Ms. Doretta Reaves, EPA Office of
Communications, Education, and Media Relations,
inquired about the process by which communities
are involved, asking whether communities are
invited to participate at the beginning of
discussions. Mr. Filbin affirmed that communities
are invited to participate early in the process, but"
mentioned cases in which .public meetings were
conducted without the involvement of EPA. In
such cases, he said, members of the public may
be invited to participate after meetings already
have been initiated. %
Members of the subcommittee then discussed how
best to provide to EPA their comments on the
strategic framework for CBEP. Ms. Jaramiljo,
referring to the concerns Mr. Coss had expressed
earlier that implementation of CBEP should not
disrupt existing relationships between state and
Jocal governments, suggested that the members of
the subcommittee also examine how state and
local governments respond to the needs of
communities. Mr. Filbin also suggested that the
members of the subcommittee contact Mr.,Michael
Mason or Ms. Amanda Bassow at EPA for
additional information about CBEP; Mr. Mason can
be contacted at (202) 260-5362 and Ms. Bassow
can be contacted at (202) 260-8530, he said. Ms.
Jaramillo offered to take the lead in incorporating
the members' revisions into a single document.
Thanking Mr. Filbin for his presentation, Ms.
Ramos then commended EPA for developing
CBEP and stated that she believes the approach
is a good one.
5.3 Review of the Community Advisory Group
Toolkit
At the request of Ms. Ramos, Ms. Suzanne Wells,
EPA Office of Emergency and Remedial Response
(OERR), discussed the development of the GAG
Toolkit by EPA's CIOC. Stating that she was
eager to receive comments from the members of
the subcommittee about the toolkit, Ms. Wells
provided background information about EPA's
CAG program (see Exhibit 7-4 for a description of
the program). Citing the development of various
fact sheets about the program, Ms. Wells
requested that Ms. Noemi Emeric, EPA Region 5,
provide the members an update about activities
associated with a CAG. Ms. Emeric, referring to
the development of flyers and mailers used to
announce CAG meetings, reported that,EPA
records meetings and develops summaries of the
meetings to identify action items and follow-up
activities. She added that EPA also provides
neutral facilitators, as necessary.
Ms. Wells then continued, describing the
development of the CAG toolkit, noting that it was
developed because EPA realized that it should
provide more assistance to communities in
establishing CAGs. The toolkit, she discussed,
includes information on such topics as:
• Organizing a CAG and selecting its members
• Encouraging participation on the part of
.segments of a community that traditionally
have been considered "hard-to-reach"
• Writing a mission statement
« Developing operating procedures
Oakland, California, June 2,1998
7-15
-------
'Me Participation and Accountability Subcommittee
, •
, • iJSRSSSSSiisM*
:-::: ::: :::: Exhibit 7-4
National Environmental Justice Advisory Council
liiiM^^^
I
U.S. ENVIRONMENTAL PROTECTION
AGENCY COMMUNITY ADVISORY
GROUP PROGRAM
The U.S. Environmental Protection Agency
(EPA) established the Community Advisory
Group (CAG) program in 1985 to bring together
diverse stakeholders at polluted sites designated
as Superfund sites. According to the program
guidelines, more than half of the members of a
CAG should be representatives of the
community. The program is intended to extend
beyond simply informing communities about
issues associated with a Superfund site; it also is
designed to provide to communities tools to
help them become more involved in decisions
about the cleanup of a site. CAGs are designed
to provide members of the public an opportunity
to share their views about cleanup and provide
EPA an opportunity to listen and respond to
concerns expressed by communities about
cleanup decisions. Since the inception of the
CAG program, approximately 42 CAGs have
been established.
IB1 ' , ! I , i!!! Jl '" i, :! , I i I i!1! ! \ ^ " I 1 0
Iliftlll ill Ill UMim I* "H "1 ' " l'l<
Incorporating a CAG as a nonprofit
organization
Applying for tax-exempt status from federal
and state governments
Applying for grants from EPA and other
technical assistance programs
Identifying other;_sources of funding to support
the CAG
i in in i iii ii iii iii i iiiiiii'iiiiiiiiiiii1 .
"' ^^ ^Copjes i of the toolkit, Ms. Wells reported, have
'.J^-Tl^' Ixjen provided to each CAG and members of
HipA's community involvement staff in each region.
::=:;; ' EPA CIOC had ..reguested comment about the
'^^11^^^ ani wil revise the .
§§ QSSfei 12 [gspond to comments it
noted, Ms, Wells then expressed
her interest in the opinions of the members of the
subcommittee about the toolkit
"
Reporting that she had shared copies of the draft
toolkit with others who are not involved in issues
related to environmental justice, Ms. Jaramjilo
stated that the comments she had received
indicate that the documen|is thorough and
provides useful guidelines to help community
members develop processes and procedures for
establishing community organizations. Ms. Wells
pointed out that the document is intended to assist
communities dealing with any cleanup site, not just
Superfund sites. Ms. Ramos recommended that
Ms. Wells consider adding language to the toolkit
to indicate that the document also can be used by
environmental justice communities. In response,
Ms. Wells referred to ongoing discussions within
CIOC, commenting that EPA does not wish the
toolkit to be considered a tool solely for the use of
environmental justice communities.
Ms. Ramos also suggested that the toolkit be
revised to specify that outreach committees should
be established to distribute information about the
CAG to the community. Many communities, she
stated, do not know what a CAG is or understand
its intended purpose. Ms. Wells agreed. Mr.
DuBois commented that the organization he
represents is a recipient of a technical assistance
grant (TAG); he asked whether the TAG also is a
CAG, adding that he had not been informed that a
CAG should be formed. Ms. Wells explained that
an organization that receives a TAG is not
necessarily a CAG and that a member of a CAG
might be a recipient of a JAG. Ms. Ramos then,
" recommended' Ihaf'no CAG should fail to invite the
Iil||i|i |i|i||ii i iiiiiiiii i iiiiiiiiiiiiiiiiiiiiiiiiig a i , • • « « i
participation of individuals or organizations that
receive grants. Ms. Wells offered to meet with Mr.
DuBois after the subcommittee meeting to discuss
his concerns more specifically, adding that more
detailed information about the TAG program
should be added to the toolkit.
Emphasizing the importance of providing
documents in languages other than English, Mr.
Coss asked whether the toolkit would be published
in Spanish, Ms. Wells confirmed that a Spanish
translation of the document was to be completed
by July 1998, adding that the document can be
translated into other languages, as needed.
Thanking Ms. Wells for her time, Ms. Ramos
reaffirmed earlier comments by members of the
subcommittee that the toolkit will be a useful tool
for communities.
6.0 RESOLUTIONS AND
SIGNIFICANT ACTION ITEMS
This section summarizes resolutions forwarded to
the Executive Council of the NEJAC for
consideration and significant action items
7-16
Oakland, California, June 2,1998
-------
National Environmental Justice Advisory Council
Public Participation and Accountability Subcommittee
undertaken by the Public Participation and
Accountability Subcommittee.
The members'discussed a resolution in which the
NEJAC requests that EPA: • ; " ,
• Establish a public participation and
. accountability work group under the NEJAC's
Public Participation and Accountability
Subcommittee to develop' and implement a
public participation model tailored to the
specific needs and characteristics of the
Commonwealth of Puerto Rico and the
Caribbean. . .
• Invite members of the local community,
relevant interest groups, and other
stakeholders in the Commonwealth of Puerto
Rico to form the membership of the work
group '
The members also adopted the following action
items: ' ,
^ Revise the guidelines for public comment
periods to ensure fairness for all comrnenters
by enforcing the "five-minute' rule" and
requesting that members of the Executive
Council of the NEJAC limit their responses to
requests for clarification or to reinforce issues
raised during public comment periods. The
members of the subcommittee also agreed to
recommend that a public comment period be
scheduled after the reports of the
subcommittees have been presented to allow
members of the public to respond to and
inquire about issues raised during meetings of
the subcommittees.
/ Incorporate revisions in the guidelines for
planning site tours sponsored by the NEJAC
to assist communities in gaining more effective
exposure during the site tour and develop
guidelines for the layout of community poster
sessions to ensure that community groups are
assigned the most visible locations.
v' Recommend that the NEJAC, in its written and
verbal responses to members of the public,.
respond in a more positive manner and
identify resources that might be of assistance
to communities that raise issues before the
NEJAC.
"Adopt" the NEJAC Assessment Group by
working with members of the group to develop
guidelines for assessing the accountability of
the NEJAC.
Provide to the EPA Office of Sustainable
Ecosystems and Communities comments on
the draft publication titled "Community-Based
Environmental Protection: A Resource Book
for Protecting Ecosystems and Communities."
Oakland, California, June 2,1998
7-17
-------
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-------
MEETING SUMMARY
of the
WASTE AND FACILITY SITING SUBCOMMITTEE
of the
NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
June 2,1998
Oakland, California
Meeting Summary Accepted By:
Benjamin
Designated Federal Official
Charles Lee
Chair
-------
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-------
CHAPTER EIGHT
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) conducted a one-day meeting on
Tuesday, June 2, 1998, during a three-day
meeting of the NEJAC in Oakland, California. Mr.
Charles Lee, Director of Research, Commission
on Racial Justice, United Church of Christ, served
as chair of the subcommittee for the final time. Mr.
Kent Benjamin, U.S. Environmental Protection
Agency (EPA) Office of Solid Waste and
Emergency Response (OSWER), continues to
serve as the Designated Federal Official (DFO) for
the subcommittee. Exhibit 8-1 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 summary
of the deliberations of the Waste and Facility Siting
Subcommittee, is organized in five sections,
including this Introduction. Section 2.0, Remarks,
summarizes the opening remarks of the chair and
the acting Assistant Administrator of EPA OSWER.
Section 3.0, Presentations and Reports, presents
an overview of each presentation and report
offered to the subcommittee, as well as a
summary of the questions and comments those
.presentations prompted on the part of the
.members of the subcommittee. Section.4.0,
Summary of Public Dialogue, summarizes
presentations offered during the public dialogue
period provided by the subcommittee. Section 5.0,
Significant Action Items, summarizes the
significant action items adopted by the members of
the subcommittee. /
2.0 REMARKS
Mr. Lee opened the subcommittee meeting by
welcoming the members present and - Mr.
Benjamin, the DFO. Mr. Lee announced that the
.meeting would be his last as chair of the
subcommittee. He then introduced Mr. Timothy
Fields, Acting Assistant Administrator, EPA
OSWER, commending the strong support Mr.
Fields and the staff of OSWER for the strong
support they had given the subcommittee since its
founding. . .
Exhibit 8-1
WASTE AND FACILITY SITING
SUBCOMMITTEE
Members
Who Attended the Meeting .
June 2,1998
Mr. Charles Lee, Chair
Mr. Kent Benjamin, DFO
Ms. Sue Briggum
Ms. Dollie Burwell
, Ms. Lillian Kawasaki
Ms. Veniice Miller
Mr. Gerald Prout •
Mr. Ricardo Soto-Lopez
Mr. Mathy Stanislaus
Ms. Connie Tucker
Mr. Damon Whitehead
Members
Who Were Unable To Attend
Mr. Michael Holmes
Ms. Cynthia Jennings
Ms. Brenda Lee Richardson
Mr. Fields recognized the contributions of three
members of the subcommittee whose terms were
expiring. He presented "NEJAC Pioneer Award"
plaques to Ms. Dollie Burwell, Warren County
(North Carolina) Concerned Citizens Against
Polychlorinated Biphenyls; Ms. Lillian Kawasaki,
Department of Environmental Affairs, City of Los
Angeles, California; and Ms. Connie Tucker,
Southern Organizing Committee for Economic and
Social Justice. Mr. Fields then presented a plaque
to Mr. Lee "for serving as a moral compass for
EPA as the first chair of the EPA NEJAC Waste
and Facility Siting Subcommittee.1'
After the presentations, Mr. Lee reflected on the
successes and progress of the NEJAC and the
subcommittee. He noted that, as early as 1994,
well before the signing of Executive Order 12898
on Environmental Justice, OSWER had
established an environmental justice steering
Oakland, California, June 2,1998
8-1
-------
Waste and Facility Siting Subcommittee
National Environmental Justice Advisory Council
cqWrnittee and ........ devejoged an .action .......... agenda to
'irs reated
llll!,l il.PUIi.liiiilllilPP I' IHIIPIk'ili: JilHIII liliii|l;i|Jli'Hi!i I
at, given the contentious nature
............................ i ............... of the £nvj[ognrjentaj justice debate, a hallmark of
':— .................. lie ................ ^laaDmmittee's efforts had been the
realization of a true consensus on a number of
|;» issues. Mr. Lee maintained
ship and commitment of
that the
the
subcommittee, along with the support of OSWER,
that the proper resources were
§,_ jm,s|atesaj]d_trjiiig&.i0.ttis Superfund program, and a
report on the response of OSWER to the
.resolution, on expedited cleanup at Superfund sites
in Puerto Rico approved by the Executive Council
of the NEJAC at the December 1997 meeting in
Durham, North Carolina. The presentations and
the subcommittee discussions of them are
.summaozed belQWM5 ;
......... ML ........ Lg§ ..... identified as
?^^^^^^ .............. ...... ii1 priorities are:
iiM^^^^^^^^ 1 1 liiiiiii [[[ in
! Integration of environmental justice into every
discipline and division of EPA and the federal
government through the extension of models
ave demonstrated success and the
lllllllH^ inn linn mill i i
evelopment of channels for inter-office
iiilllB Illl
f, Development of effective leadership
Continued commitment to key environmental
justice areas of concern, such as relocation
and the issues raised by indigenous peoples
3.1.1 Status of the Superfund
Reauthorization Process
i ill in iiiiiiiiiiii iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii in •• (in in ii iniiiiii linn I
Ms. Suzanne Wells, EPA Office of Emergency and
Remedial" Response (OERR), briefed the
subcommittee on the status of the Superfund
reauthorization process. She first stated that the
process had taken five years and that much work
remains to be done before reauthorization of
CIERCLA, or Superfund, can take place.
i According to Ms. Wells, both the Senate and
House Committees had marked up bills in March
1998. Numerous meetings of stakeholders had
been held to discuss the form a reauthorized
Superfund should take, added Ms. Wells.
8-2
| in ii n ii|||i| in liniM ........ Illllllnl •III Illlllllllill i 'illinium
>l ..... • I niililllllillllilllliiiil I' illi H lln'll HI I'l 11 Kill
Oakland, California, June 2,1998
H I
-------
National Environmental Justice Advisory Council
Waste and Facility Siting Subcommittee
Ms. Wells then listed the Clinton administration's
principles for Superfund reform as:
• Protection of human health and welfare of the
environment
Maximization of participation by responsible
parties in the conduct of cleanups
Inclusion of effective state, tribal, and
community involvement in decision making
« Promotion of economic development or other
beneficial reuse of sites
• Acceleration of the pace of cleanups,
improvement of efficiency of the program, and
limiting of litigation and transaction costs
without disruption of progress in achieving
cleanup
Ms. Wells stated that there is more agreement
among Congress, the Administration, and EPA
about public participation provisions than about
any other aspect of Superfund reauthorization. In .
fact, she continued, all the bills introduced expand
public participation requirements from a mandate
to inform the public, to involve the public in the
cleanup process. Ms. Wells explained that
provisions to improve technical assistance grants
(TAG) include the expansion of the availability of
TAGs to sites that are not included on the National
Priorities List (NPL), sites having priority for
cleanup under Superfund. Exhibit 8-2 provides
.information about EPA's Superfund TAG program.
Another provision, she added is the elimination of
the statutory requirement that communities match
20 percent of the amount of a TAG. A final public
participation provision under consideration is the
encouragement of the establishment of community
advisory groups (GAG) at sites to foster broad-
based involvement of stakeholders in the decision-
making process, said Ms. Wells.
Despite such agreement on the public participation
aspects of Superfund, Ms. Wells noted, there is a
lack of bipartisan consensus on numerous issues
related to reauthorization. Ms. Wells enumerated
the following positions EPA has taken on such
issues that do not enjoy bipartisan support
• The reopening of past remedy decisions and
consent decrees would be disruptive of
progress at sites at which cleanup is
underway
• Treatment of contamination is preferable to
containment whenever the effects of treatment
are long-term and reliable
• AJncontaminated groundwater should be
protected
• States and tribes should be required to meet
minimum criteria to ensure protection of
human health before they are granted
, authority over Superfund sites
EPA should retain the right to respond to an
emergency, even in cases in;which authority
over a site has been transferred to a state or
tribe
In summary, Ms. Wells stated that, given the few
-days left in the legislative session and the
contentiousness of the debate, it appeared unlikely
that Congress would pass a Superfund
reauthorization bill in 1998.
At the conclusion of Ms. Wells presentation, Ms.
Vemice Miller, Natural Resources Defense
Council, stated that she would not like to see
Superfund reauthorized in its present form
because such legislation would not serve
Exhibit 8-2
SUPERFUND TECHNICAL ASSISTANCE
GRANTS PROGRAM
Community involvement is an important part of
the U.S. Environmental Protection Agency's
(EPA) efforts under the Superfund program to
respond to risks associated with the nation's
worst hazardous waste sites. The Technical
Assistance Grant (TAG) program provides funds
for qualified citizens' groups affected by a
Superfund site to hire independent technical
advisors to help interpret and comment on site-
related information.
Additional information about the TAG program
is available on EPA's Superfund Home Page at
http://www.epa.gov/oerrpage/superfiid/web/oerr
/tag/tag, htm.
Oakland, California, June 2,1998
8-3
-------
Waste and Facility Siting Subcommittee
National Environmental Justice Advisory Council
1111
I
illlllE , ,
II illlllllB
justice. Ms. Miller .then. cautioned
that the subcommittee should be wary of the
that _the substantiye provisions of
Superfund might be "stripped" while the public
participation aspects of the legislation are
improved. A crucial deficiency of the proposed
jn its currentstate, explained
i" pier,is that EPA cannot add sites to the NPL
jajjjj gxpand the' potential number of Superfund
'"" ' do so, EPA cannot
ignate low-income and minority areas as
j^jljjpe^jjnjij gfigs despjte the feet that such areas
..:'.^afe igjgproportjonateiy contaminated," said .Ms.
11 iier" :
onse Mr Fields .stated JhatjEPA opposes
-—«-~- jj^jtjgp of sites tp the NPL.
;je_sjat§d Ijatsilgs are being added toi the NPL at
g^^^^^peTySrand further that EPA plans
Double that figure." Mr Fields added that the
tejja for iDClyding a site on the NPL are
lsRed" fajTEPA's Hazard Ranking System
(HRS), developed in 1990, that serves as a
, ,( ..screening tool that EPA uses to evaluate the risks „„
: liiii..All! lyiil'l'illllllllil1.•'"'"•'I1''"" * "S1"" "-M ' _ ' i -it t • t?r? I
l:3if
I by a site. The system will not be modified,
he continued, until after Superfund has been
i aiiin^^^^ iiii! f. • • • i •-" rx" • ; ——-c - - j
1 ii-;~;==;s,•—;•••• iBaytijQrized, so that the HRS can be reeyaluated
in the context of the new legislation.
i ,
Continuing the subcommittee's discussion of
' ™ • " ; .: "" " '• " Superfund reauthprization, Ms. Tucker stated that
lesta.blishrnent^ StiJSQi fSCMDSfe, „
• L,!!!!l,:illli l',ilPlii!lllllllliiiii"i'PPi!i!iiii"i' PI . IIIIIIIIIIIN» IP no i N ' a iBB«!»i*i 'llllllllllllllllllllllllllllllllllllllllllll»*illllllillllllll iilltllllllllllllllllllllllll ll liiiiiiiiiiiiiiiiiiiiiiiiiiliiiiij1"""™™!!™™"'!!! < ' , , • ., ... ...
I iiiiiii; of Superfund responsibilities to states is "critical"
^5^™ !i: ^b^cause'steitei' otEeh jack trie resources or political
iiyill to address problems properly . Ms. Tucker
l"»^ criteria 52n§l£f§Lthe
l;is^^^^^^^^^ !n,,,!i§p°rii!!i9
the concerns of the communities. Statgs thai,
actors" then can be held up as models
at guide other states in handling responsibility for
,,•
appropriately trained workers in the community.
Mr. Fields added that EPA has adopted an
initiative called Recycling of Superfund Sites that
seeks to create jobs and spur economic
development in affected communities through
training and use of local labor. Further provisions
for hiring local labor will be included in the new
Superfund contracts signed after 2000, he added.
Ms. Wells then announced that, in September
1998, OERR would hold a stakeholders forum
titled Redevelopment of Superfund Sites. She
urged , members of the subcommittee and the
, ,,NE JACr, to ,attend,,,the,,,,fQ,rurjri,f, „
To develop a better understanding of the issues
raised during their discussion of Superfund
reauthorizitioD, Mr. Lee proposed that the
subcommittee establish a work group to examine
the ways in which such .issues affect
eovjrojiriieota! justice. .
•t
At the conclusion of the discussion of Superfund
rgautbQrizatiQD, Ms. Miller cited as evidence the
lack of congressional leadership, the rejection by
Congress of the President's request to extend
funding at sites at which cleanup is underway. Ms.
Miller . maintained ................... that ................. acjiieyjement ................. of ............. .the ............
^*_^,^~^ ^^ effective and environmentally
just Superfund will require the diligence and
leadership of the subcommittee.
3.1.2 Status Report on the Policy on
Relocation under Superfund
she added.
r.'^"""!!'!^8- Tucker also rajsed tfte issue of the use of local
||bor in, the cleanup of Superfund sites, so that
Icohomic benefits can accrue to the comrhunity,
ajoji/jng outside entities to both
'' |]g Igjje ajjd, profit from its
i^dinr-,-^-^^. — - -
!~ tg~ perform the cleanup,. she
led, Ms, Wells responded that EPA has no
I FKI«! tsa. « NV statutory autiiprity to force a .conbactor to hire.toca.1.
EPA can,, provide
to cornmunity members and bring to the
jrs the ayajjability of
Wells continued her Superfund presentation
with an update on the development of the national
policy on relocation under Superfund. Ms. Wells
outlined the development by OERR of an interim
final relocation policy that would govern the
circurnstanees tender which permanent relocation
of communities affected by contamination at
Superfund sites would be considered as part of a
remediation strategy. During the development of
the policy, she said, eight stakeholder meetings
w,ere held, the views of the EPA regions were
solicited, as were the opinions of EPA's Office of
General Council (OGC) and Office of Enforcement
and Compliance Assurance (OECA) and the
Agency for Toxic Substances and Disease
Registry (ATSDR). She added that the comments
Ms. Tucker offered during the stakeholder meeting
held the previous October in Charleston, South
Carolina with enyirgrimental justice stakeholders
^^^^ ''Hiiillli': H" 8-4
ll IllilllH^ IJiJlIlini l.l-iJlllll )!i!li«^^^^^^^^^^ it Jill1
fl'ii il
| , ,, } ;, 3 3 •'-., ; f i '( ii fi - i '- ', » ' ' " «l ;'ifH | K
Oakland, California, June 2,1998
":'.''
•i:fa-iws-,'4,ili:3
-------
National Environmental Justice Advisory Council
Waste and Facility Siting Subcommittee
from the Appalachian region helped "ground
OERR in environmental justice issues."
-Ms.- Wells stated that relocation decisions would
be made in accordance with the nine remedy
selection criteria set forth in the National
Contingency Plan (NCP), which provides the
regulatory framework for CERCLA. The interim
final relocation policy, she said, states that EPA's
preference is to cleanup and restore property so
people can continue to live safely jn their homes.
However, she continued, the policy provides
examples of situations in which permanent
relocation could be considered, such as:
• Buildings present physical barriers to cleanup
Unreasonable restrictions on activity remain
. after completion of the cleanup
• Expected duration of temporary relocation
would be excessively lengthy
• Homes are not "buffered" from cleanup
Ms. Wells then listed the policy recommendations
developed during stakeholder meetings:
• At NPL sites at which EPA is considering
relocation as a remedy option, the community
may obtain the services of an independent
relocation expert or advisor through the TAG
program, which provides grants of as much as
$50,000
• A relocation advisor would work with the
community, providing advice on the provisions
of the Uniform Relocation Assistance and Real
P^jperty Acquisitions Act of 1970 and other
"*" relocation issues, such as, appraisals and real
estate tax laws /
Ms. Wells then outlined the schedule for
completion and distribution of the relocation policy,
as follows:
An interim final policy will be issued in July
1998
• A response to comments document is being
compiled to address comments offered during
the stakeholder forums
EPA,expects to publish a Notice of Availability
(July 31, 1998) in the Federal Register to
announce the availability of the policy
• A stakeholder meeting is ' planned for
approximately six months after release of the
policy to convene representatives who
attended the earlier stakeholder meetings to
share each groups' comments on the interim
final policy
• Copies of the interim final policy will be sent
directly to members of the. NEJAC and
participants in the stakeholder forums, when
the policy has been completed ,,
Ms. Wells added that EPA OERR will work with the
NEJAC to develop a mailing list of individuals who
are to receive copies of the policy. •
Ms. Wells concluded the update by suggesting as
a next step the development of guidance for
conducting temporary and permanent relocations.
She emphasized that the policy helps direct
decisions to relocate families,' but that it does not
offer guidance on implementing relocation.
Mr. Gerald Prout, FMC Corporation, pointed out
that implementation of relocation is as important as
the decision to relocate and suggested that the two
policies should be developed in concert. Ms.
Wells replied that the relocation advisors she had
discussed would help to develop guidance for the
implementation of relocation. Although such
guidance would not be made available for at least
a year, Mr. Wells added, the National Relocation
Pilot Project conducted at Pensacola, Escambia
County, Florida offers evidence of both effective
and ineffective components of a relocation policy.
Mr. Prout then advised that the subcommittee help
craft implementation policy for relocation under
Superfurid. Exhibit 8-3 provides background
information about EPA's first Relocation
Roundtable meeting.
Ms. Margaret Williams, Citizens Against Toxic
Exposure, discussed the effects of an effort by.
EPA Region 4 to relocate members of the
community in the vicinity of the Escambia
Superfund site. Drawing on the lessons of her
interactions with , EPA and the Pensacola
community, Msv Williams identified the following
major issues to be addressed in developing an
, effective relocation policy:
Oakland, California, June 2,1998
8-5
-------
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 PensacolaV 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.
As a result of the roundtable meeting, EPA
identified the Escambia Superfund site as a pilot
project and committed to relocating as many
families as possible. Lessons learned from the
Escambia relocation project will play a key role
in the development of the final policy on
relocation under Superfund.
I ; ; ; _, ,, ,, •, _ Failure ofEPA^So.involvgjhe corn.muriity in its
: IcTecisions
Use of a deficient site assessment prepared
-ATSDR
Public health and safety concerns about
• Jiemdifonatthe site"
it is possible to apply the 1970 act to relocations
under Superfund, thereby enabling EPA to
consider environmental justice in its
implementation of such relocations.
Mr. Lee then requested that OSWER investigate
the issues related to the implementation of EPA's
relocation policy as part of the relocation pilot
project in Pensacola, Florida. In addition, he
requested the scheduling of a monthly conference
call during which the NEJAC can coordinate its
efforts in the area with OSWER, the U.S. Army
Corps of Engineers, as well as with citizens and
community organizations. Ms. Miller added a
request that the subcommittee investigate the
feasibility of providing recommendations related
to amending CERCLA to facilitate relocation.
She also requested that the subcommittee
examine how the Uniform Relocation Assistance
and Real Property Acquisitions Act of 1970
affects relocation efforts.
Ms. Williams and Ms. Tucker then injected
i§|d^ra^pj^.Q£ enyjrpjmejital justice into, the
discussion of relocation. They pointed out that
relocation decisions are applied unevenly across
lines of race and income. Of 16 relocations that
have taken place, Ms. Tucker pointed out, only
one involved a community of color and only two
, .involved jpjjtin^pjrjejcfiiiiJDijnjtie^. ML Ricardo
Soto-Lopez, Puerto Rico-Northeast
Environmental Justice Network, added that
relocations conducted by the Commonwealth, of
"Puerto Rico in the late 1970s demonstrated the
injustices that confront low-income and ethnic
minority communities.
^ n ,
Com^ensationjor^eopjej/vhoji/acate homes MS. Miller advised that case studies of Superfund
is made B relocatigns incjude examples of relocations, of
white communities and middle-and upper-income
communities to contrast with the Pensacola and
Puerto Rico relocation cases. It is only an
en.yjnjnrneDjpl Justice concern _ if the
ii.liwSiiSiNtrSubcommittee can show disparate treatment of.
• Appraisal of original (pre^relocatipn) homes
r==^=£== and dgsjrjatjgii (post-relocation) homes and
! IIJIIH^
!!§. ffiiiliiffls, film raised the concern that the
not directly applicable
Ms. Wells
:: := ;:; ' : '-: ? 7::: "resljorjded that jhe 1970 act was designed to
^i^^I^^i1™," coffipensate people dislocated by projects of the
[- ,- H • '=; T. •!• • ip.S, Degartmenfof Transportation. Therefore,
i notadiquateiy address the
communities involved in Superfund relocation
according to race, ethnicity, or income, she
added.
Concluding the discussion of Superfund
relocation, Mr. Lee requested that the
subcommittee develop a number of case studies
of EPA's experiences in conducting permanent
relocation authorized under Superfund. He
lilSiEDiSSSi Justice aspects of relocation under
iSuperfund1 "Mr. ^Jdjs^ndjcjaj^ that OSWER recommended that the case studies include the
^i^^l^ ....... l§9'on 4 and Ms. Pensacola pilot project and an example of the
examine how the 197Q act impedes relocations conducted in Puerto Rico and that
an effective and Mr relocation policy and whether
-------
National Environmental Justice Advisory Council
Waste and Facility Siting Subcommittee
they focus on disparities among cases that are
related to race, ethnicity, or income.
3.1.3 EPA Plan to Enhance the Role of
States and Tribes in the Superfund
Program
For the preceding two years, Ms. Wells stated,
EPA Headquarters and regional staff and state
and tribal employees have been investigating
ways to enhance the current roles of states and
federally recognized tribes in the Superfund
program. EPA's plan to enhance the role of the
states and tribes in the Superfund program
proposes an integrated process for implementing
recommendations for enhancing the roles of
states and tribes, as well as ways to begin the
process under a national pilot program, she said.
Exhibit 8-4 provides a description of the
framework for the agency's plan. Ms.. Wells then
informed the subcommittee that they could obtain
more information about the plan from the "Pilot
Implementation .of the Plan to Enhance the Role
of States and Tribes in Superfund" (EPA 540-R-
98-012, March 1998) or by contacting Mr. David
Evans, Director, EPA State/Site Identification
Center, at (703) 603-8885.
Ms. Wells continued, stating that the EPA regional
offices were to discuss the plan with all states and
tribes currently involved in the Superfund
program. The goal of such discussions, would be
to select at least one state and one tribe to pilot
test the initiative to enhance the roles of each in
the Superfund program, and test the concepts
embraced in the plan. Ms. Wells added that the
deadline for the regions to identify pilot nominees
was June 19, 1998. She concluded her
presentation by emphasizing the importance" of
NEJAC's involvement in the conduct of the pilot
evaluation and examination of the criteria
proposed for assessing model agreements/so
that environmental justice will be integrated into
the plan.
Exhibit 8-4
U.S. ENVIRONMENTAL PROTECTION AGENCY'S (EPA) PLAN TO ENHANCE THE
ROLE OF STATES AND TRIBES IN THE SUPERFUND PROGRAM
The framework for implementing EPA's plan to enhance the role and responsibilities of states .and
tribes in .the Superfund program is described below.
Communication:
Readiness:
Assistance:
Agreements:
Tribal Programs:
EPA should hold general discussions with state and tribal Superfund program
managers to explore their interest in an enhanced role in the Superfund
program. .
When a state or tribe expresses interest in an enhanced role in the Superfund
program, EPA and the state and tribe will .meet to discuss the full range of
program activities that it would like to implement. The EPA regional office
will work with the state or tribe to identify the program criteria by which to ,
evaluate the state or tribal program,, and will work with that state or tribe to
gauge the level of readiness to assume program responsibilities.
The state or tribe and the EPA regional office will identify and discuss the
technical and financial assistance that is needed for the state or tribe to perform
the negotiated activities. Assistance needs are identified for activities the state
or tribe can begin conducting hi the near term, as well as activities that the state
or tribe hopes to implement in the long term.
The EPA regional office and the state or tribe negotiate and sign a program
agreement to formally establish and document their roles and responsibilities in
an enhanced partnership to implement Superfund.
EPA has learned that there are different concerns and priorities when working
with tribes rather than states. Ways to address these differences will be
integrated into the implementation process to ensure that tribes, as well as
states, are fully involved in developing and implementing Superfund programs.
Oakland, California, June 2,1998
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Waste and Facility Siting Subcommittee
\ |IH IIIIIIIIII ill ("I HI1 Id m\iVn liliiliil I "i I I
jijiiiiiiiiiiniiiiiniiiiiiiuiniiiiijiiiiiiiigiiiii inn I I i ,
Mr, Mathy Stanislaus, Enviro-Sciences, Inc.
suggested that the Waste and Facility Siting
Subcommittee evaluate state applicants and that
the Indigenous Peoples Subcommittee evaluate
tribal applicants. Ms. Kawasaki then requested
that OSWER allow the subcommittee to review
the applications from an environmental justice
perspective for the selection of sites for the pilot
program on enhancing the role of states and
tribes in Superfund and to help guide the
development of the program. Mr. Benjamin then
| ||I"IB^^^^^^^ 1111 announced the scheduling of a conference call
between OSWER and members of the
subcommittee for Thursday, June 11, 1998 to
discuss the plan. He also suggested that a
follow-up call be held two weeks after that
conference calL
National Environmental Justice Advis
111 I HI I
work currently was being performed. The status
of the sites, as indicated-by EPA site assessment
documents, had not changed significantly
between 1993 and 1997, said Mr. Soto-Lopez.
He then presented the following list of requests,
which he developed as the outcome of the May
1998 meeting he had described:
• Monitor cleanup sites quarterly
Explain how economic benefits can accrue in
affected communities through the cleanup
process
HIlill
ii i ill null iiiiiiii i
Mr, Fields stated once more that the NEJAC
Vvould have the opportunity to identify worthy
candidates gmong the nominees and influence
ffindjjcj; ,R,f, M P'lot projects. Ms. Linda
Garczynski, Director of Outreach/Special Projects
SJgf, EPA OSWER, added that the pilot project
wou.id have "massive" implications for
feauthorization and that the subcommittee should
take the process under serious consideration.
i in• iii ii11 in i ill
3.1,4 EPA's Response to the NEJAC's
Resolution on Superfund Sites in
Puerto Rico
Mr. Soto-Lopez updated the-subcommittee on the
status of Waste Resolution No. 8, Resolution for
"the Expedited Clean Up of the Superfund Sites on
fje Wgfgfli/Pfjggggg.Usl.gnd Agency Action on ^
270 , "QERpL/S , , (Comprehensive
Compensation, and
n) Sites in Puerto Rico
that
declared
written by Acting
"Administrator Ofids, EPA
vvliti
response.
OSWER:S
Assistant
OSWER, to the
Resolution No. 8 is
• ™£ubcommjttee£s
' "=, deficient. /\t a meeting in May 1998 with Ms.
Melva Hayden, EPA Region 2's environmental
coprdinator, and Ms. Mary Helen
Public
• ', Outreach Branch
Regjon 2'S
he .......... continued, ............. Puerto ............ Ricari
community members outlined the deficiencies
they identified in EPA's response to the
1 Tesolution. JVIr. gotp^Lopez stated that despite
ffiRsi Assurances to the contrary, site visits he
fliillliaQ made had indicated" that no Superfund site
Reconsider the status of sites that EPA has
reviewed and deemed not appropriate for
incjusipj] on the NPL/as well as those sites
that have been removed from the NPL, in
light of the community's belief that the sites
were not reviewed adequately
• Expand availability of TAGs by changing the
requirements for the grants to include
community groups of non-NPL sites
• Address the concerns of the community that
the San Juan and Palo Seco power plants on
the island,are more than 50 years old and
bum coal with a sulfur content that is higher
than the level allowed in the U.S mainland.
At the conclusion of Mr. Soto-Lopez's
presentation, Ms. Cervantes-Gross offered the
opinion that there is a need to reach out and seek
community involvement. She added that such'an
effort had been made in the case of the 10 NPL
sites in Puerto Rico. Bilingual communication
channels had been established and EPA is willing
to work with CAGs at each site, she.. §aid Ms,
Cervantes-Gross emphasized that involvenhent of
the community groups must be at the will of the
"• •-ji—"— -itself. ; ; ' ; '
Mr. Fields then asked where staff of EPA Region
2's Caribbean Envirgnmenlal Protection Division
(CEPD)", who are responsible for Superfund sites
in Puerto Rico, are located. Ms. Cervantes-Gross
replied that most of the CEPD staff, including the
division directors, are located in New York. She
added, and Ms. Hayden expressed agreement,
thatthere is a move to expand the staff of CEPD,
both on the mainland and on the island. Ms.
Hayden then noted that there is inherent distrust
between environmental authorities in Puerto Rico
and the community activists and
nongovernmental organizations (NGO) of the
island. The NGOs trust Regjon 2 staff in the U.S.
Oakland, California, June 2,1998
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National Environmental Justice Advisory Council
Waste and Facility Siting Subcommittee
more than CEPD staff on the island, she stated.
Mr. Soto-Lopez observed that the Puerto Rican
• government's pro-statehood position conflicts with
the views of community activists. That conflict, he
said, results in the repression of environmental
causes of the communities. .
Mr. Stanislaus then set forth his view that while
EPA's response to Waste Resolution No. 8 does
describe the. action being taken at each site, it
"does not offer an adequate response.to the
specific environmental justice concerns that the
contaminated sites, including Superfund sites,
have a significant negative effect on an ethnic
minority and low-income population.
Mr. Lee then offered a different interpretation of
the response to the resolution. He stated that the
response is helpful in that its precision
encourages further response. While the
response may not address all the environmental
justice concerns of the Puerto Rican community,
he continued, it is "certainly decent." Further, he
observed," the resolution was not treated
dismissively, as had been the case with some
responses to resolutions from the NEJAC
forwarded to the EPA Administrator. Mr.
Benjamin agreed, stating that the resolution had
received the attention of a number of offices and
personnel within the agency, including the
administrator of Region 2; Superfund staff; the
principal .deputy assistant administrator of OECA,
Ms. Sylvia Lowrance; and the Office of
Environmental Justice (OEJ). The resolution, he
continued, can serve as a model for the
subcommittee and the NEJAC of how to direct a
resolution that is precise in calling for specific
actions to the appropriate EPA divisions and
federal agencies most likely to be able to address
the issues of concern. Ms. Hayden concurred,
adding .that .dialogue like the present exchange
can serve as a model for EPA in building
relationships with NGOs and communities. Mr.
Lee then requested that Mr. Soto-Lopez write a
response to the Waste Resolution No! 8 prepared
by Mr. Fields that outlines Mr. Soto-Lopez's
concerns.
Ms. Miller stated that, from an environmental
justice perspective, there is a qualitative
difference between the way in which laws are
implemented and enforced in Puerto Rico and
those processes in the U.S. mainland. Ms.
Hayden added that different environmental justice
concerns related to ethnicity and income affect
sites in Puerto Rico.. An approach tailored to the
Puerto . Rican community is needed, she
suggested.
Ms. Hayden then described the efforts made by
EPA Region 2's Environmental Justice Work
Group to address Superfund issues in Puerto
Rico. She stated that the work group's Interim
Policy Subgroup had worked diligently to identify
environmental justice concerns, in the absence of
any guidance from EPA Headquarters. The
subgroup had drafted a methodology to identify
environmental justice concerns, she said. .
Community leader Ms. Rosa Hilda Ramos,
Community of Catano Against Pollution and chair
of the Public Participation and Accountability
Subcommittee, and other activists are concerned
that the community had no influence on the
development of the draft interim policy on
environmental justice for Region 2, she
continued. Ms. Hayden agreed with that point,
stating that EPA generally performs peer review
of draft policies internally before presenting such
policies to the public. Ms. Hayden then explained
that it is difficult to identify communities affected
by issues of environmental justice in Puerto Rico
because of the lack of a mandate in law to collect
census data on race and income for the island.
The Interim Policy Subgroup had decided to
solicit the views of the community by asking that
Ms. Ramos review the draft interim policy, said
Ms. Hayden. After the internal peer review period
has concluded, she continued, the document will
be shared with various public stakeholders for
review.
In conclusion, Mr. Lee commented that he would
like to see nominations of individuals from Puerto
Rico for membership on the subcommittee,
particularly in light of the. departure of Mr. Soto-
Lopez.
3.2 Status Report of the Waste Transfer
Station Work Group
Before turning to the status report of the Waste
Transfer Station (WTS) Work Group, Mr. Lee
stated that the resolution to establish such a work
group to identify the problems associated with
WTSs and communicate them to EPA had been
adopted by the NEJAC in February 1998. Mr. Lee
then directed the subcommittee to discuss the
environmentaljustice implications of WTSs.
Mr. Stanislaus then provided some background
information on the issue. Consideration of WTSs
by the subcommittee was triggered by trie
scheduled closing of the Fresh Kills Landfill in
Oakland, California, June 2,1998
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Waste and Facility Siting Subcommittee
National Environmental Justice Advisory Council
I Cjtyjn 2,0,02, he said. Because, ofthe
fpEsirig oFFresh Kills, New York City is requesting
new landfill sites, he continued.
. ..........
identified ...... are ...... in ...... communities ...... of,
'''
llllilll|lill|||||| I Jl||llll|lllllll||lli| II
a preliminary draft
group's plan to identify
IISMroQfflSQM .justice isiues and , implement,
regulations govern WTSs. Mr. Levy explained
that, under the Resource Conservation and
Recovery Act (RCRA), there is federal'regulatory
authority for management of hazardous waste,
but not for management of municipal waste. Mr.
Stanislaus added that RCRA clearly delegates
Dandling of solid waste to municipalities.
inflKfiliii^^'ttH^QSWSy^r" ""hi""'„ confinued RCRA also retains
communities, ...... said
lir'r^r-^^-'^^sirigesintiTe siting, and operation, ofWTSs. He
'"" sTafea ffJaf the wprk groiup'i plan to, assess the
,. j :„ ,,; effects of such, facilities on coriimuriitieSj which
p'to" ^^gjg^j^SsS £|fy and Washington,
I
authority to regulate the effects of operation of
waste facilities. Although no regulations govern
the operations of WTSs, the subcommittee can
examine source authority under RCRA to
determine whether its domain can be expanded
to jrjcjydj!municipal solid waste, suggested Mr.
Stanislaus. Mr. Levy then added that, in any
RCRA authorizes gnly the regulation of
and treatment, not the transfer of
I^SSS'a^SrSfi^pe's ofeffects caused by facilities waste. Ms. Tucker suggested that EPA regulate
i' ' ' ' ' ' ^|SU|f||cJ! Slllliili li iOE??!8, resulting fr°m th® *na*Sljcri facilities often handle hazardous waste
^I^^^3!Q^3SEisrispor^on to meet the _ " incidentally. . •
,,„„ .needs c^sucj^j^cjljgjgs, , , ' , ;, ,,
_ „!; '^^^^s^sS^S^Sm^m ; , ' Ms. Hayderi then noted that, because of limits on
1 ; '"' l"':" " ' SlJIITp^dlation and displacement _of uses of its jurisdiction, EPA Region 2 had played a limited
w'properliii io^Eentto iucri facilities role in identifying sites for new, landfills in New
mSSS^SWS^K^K^SSS^S^SSI^^S^^^ and raiing the envirorirnentai justice
[ ^!^^'!S^S^K!I!!5veipiBngB oPover saturation'' of vvtss in a • issues related to, the, siting of such new facilities.
' USS^Efefiffiii HSSSSfRnWirfy Mr. Soto-Lopez responded that interstate transfer
...IIIIJIIIH^^^^ jiiicfH n iiiiiiiiiiii i -a. p , . . . ...- r , ,, •• ,
u i i •• : • "i;1! i': i • ' ' '! ! ; ! " • •". of waste bnngs the waste under the junsdiction of
-I:" rA"n"6tfie r aspect of the examination, of EPA and makes „ the handling of such waste an
•"•'"'•eiwirjp.rwtentel justice implications of the siting environmental justice issue.
and operation of WTSs, Mr. Stanislaus added, is
., , , fta^ei^^So^£tt^ejuJatory_processes that Ms. Miller then asked whether,the, existence of
"" ' ' ' ::l "'' J^^m'ffiejr^^i arid op"eritions including the ^.^ ^ —g ^.^ Q- ^^ |andfills raise
dani^^^m^^sparate effects associated with environmental justice questions, from a civil rights
ItSiiilirie siting of operation of facilities and the perspective, under Title VI ofthe Civil Rights Act
efe of 1964. If such is the case, the federal
siMh community representatives. The final government is obligated to act on behalf of the
it^ili^^DgDi^&siil^ft plan, he continued, would be affected communities, despite the fact that WTSs •
the development and implementation of are permitted by the New York City Department of
~^"M-Ec.2|Difflin-S|||iQD|; based, on, the, ,examination of Sanjtatiorj and the city's Department of' •
ii^^fe^^^^^^Si^i justice issues assgp^e_d with , Environmental C,onseryaiio,o., M,r., Fields .
l:niHHHffiBWS^^s'.' lME"StiQi§IiuI ^Igg jn conclusion that ' responded, he suspected that if federal funds are
»|^^^iiihelj^^ the"]|r' sybcgmna.ittge Ja rnakf ; a,' : : being, used for the, operation and oversight of
' "| ~" ~~, t^JlSffliliial JSi-SlSSi SIS ' Pfeo" and EPA to yVISs, then EPA can oversee the decision .
^^2^^g^||]^'^2 (mpTernentthe steps outlined in the ' making process.
n*-j!!™^ Stanislaus then requested that
Several rrembet^, of the subcQmm Mr- Levy work with Mr. Whitehead and
- ; '• ; ';--":g|itJience present'then raised, points aboutJhe representatives of New York City to discuss the
^'^«~~>^^guilBon of WT^s! Mr^ Difnon wTiJtehead. adverse effects of WTSs on communities. They
I! llFlili'111 liWIllllillf 'ilfllliilllllll'l''''!'!!'!'!''"'!!!1 ll '1'' 'Illlllllil S Tnnlnn "1" " •ii'iniiiiniiinn "ii"iii"i Iniiiin " SSSmm * ',.,,', , ' ' ^^ , V
Lawyers' Committee for Civil Rights Under Law, also suggested that WMX Technologies, Inc., the
Inserted that in \/\fashjngton,. D.C. lapk, of local ' employer of subcommittee member Msr Sue ;
fgo'flrl'ffllril conSpli leads to the overslfing of Briggum, provide an industry perspective and that
I 36/tSs. Mr Steve Levy, EPA Office of Solid EPA regions 2 and. 3 contribute to the
Wjige, (OSW), added, as well, that no federal discussions.
I i i Oakland, California, June 2, 1998
iii 111 iii
i in mi iiiiii iii n i iiiiiiiiiiii iiiiiii|iiiiiiiii iiiiiii ]
i 11
i
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National Environments/Justice Advisory Council
Waste and Facility Siting Subcommittee
Ms. Kawasaki cautioned that focusing solely on
siting of WTSs would be short-sighted in that
such a focus fails to address the issue of proper
waste management. Ms. Tucker agreed that the
work group should work in concert with national
.efforts to reduce consumption and waste and
support national recycling laws.
Stating that the goals set forth in the preliminary
draft are ambitious, Mr. Lee inquired about a
practical time frame for accomplishing the goals.,
Mr. Stanislaus responded that the WTS work
group intends to develop a "comprehensive
deliberative document to present problems and
recommend solutions." He estimated that the
effort to describe the environmental justice
problems and regulatory processes related to
WTSs would require approximately six months.
Identification of solutions to those problems would
require another six months, he added.
Mr. Fields admitted that EPA devotes few
resources to the issue of WTSs. EPA traditionally
had considered the matter a state and local
government issue, he said. Mr. Fields stated that
EPA spends $200 million per year to address
hazardous waste and only $11 million per year to
deal with municipal solid waste. He then asserted
that the WTS work group could play a role in
" assisting EPA in identifying the legislative
authority under which WTSs can be addressed
and in placing the issue in the context of
environmental justice.
Concluding the discussion of WTSs, Mr.
Stanislaus requested that, within the next three
months, EPA OSWER investigate how state and
city regulatory processes are related to the
concentration of WTSs in relatively small
geographic regions, creating disparate effects on
those regions.
3.3 Update on EPA's Community-Based
Environmental Protection Program
Mr. Gerald Filbin, EPA Office of Policy Planning
and Evaluation (OPPE), Office of Sustainable
Ecosystems and Communities, discussed
community-based environmental protection
(CBEP).
CBEP is "a place-based, holistic, and
collaborative approach to .environmental
protection," began Mr. Filbin. It is place-based, he
explained, . in that CBEP considers the
environmental 'and economic effects of
environmental contamination on communities, he
said. Environmental contamination affects
different communities in different ways, he
continued. Environmental justice communities, in
particular, suffer disproportionately from
contamination, and solutions that "do not act at
the community level" cannot address the specific
problems of particular communities, Mr. Filbin
pointed out. The CBEP program seeks a more
equitable distribution of environmental benefits
and risks among communities, particularly in the
case of environmental justice communities, he
stated.
The CBEP program developed the document
titled "EPA's Framework for CBEP Summary" as
a strategic plan to set priorities among
communities in need, continued Mr. Filbin. He
stated that he had found some communities that
.have "autonomous ability" need only minor
assistance from EPA to develop community-
based environmental protection, while others
need much more assistance in doing so. Mr.
Filbin confessed that the CBEP program was
"struggling" with the effort to identify the needs of
each community. He suggested that the
subcommittee has an opportunity to help CBEP
identify communities in need of assistance and
set priorities among them.
CBEP is collaborative, Mr. Filbin continued, in the
sense that the program encourages communities
to influence the development of solutions. CBEP
uses the pooled resources, both money and
knowledge, of diverse stakeholders to develop a
more complete understanding of the problem, he
said. One goal of CBEP is "to empower
communities to be able to address environmental
problems in the future, learning from the
informational infrastructure that the CBEP
program would establish," added Mr. Filbin.
Mr. Filbin stated that the CBEP program is
attempting to integrate EPA's regulatory tools and
state and local governments' regulatory tools with
communities' efforts to solve local environmental
problems. As an example, Mr. Filbin stated that
EPA could collaborate with local governments on
issues related to facility siting. Although EPA has
no statutory authority over local zoning, the
agency has permit authority that can be used to
help determine where industries and other
facilities are sited, he noted. Mr. Filbin then
added that regulated entities in the communities
have resources and focused interests that enable
them to dominate negotiations with community
activists. To help overcome such a perceived
disadvantage, he suggested the subcommittee
Oakland, California, June 2,1998
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Waste and Facility Siting Subcommittee
National Environmental Justice Advisory Council
I
..... his ......... program on ways in which it
..... .........
cou!3 Improve communications with minority and
low-income communities.
i mil i in
At the conclusion of Mr. Filbin's comments, Ms.
! ........... gawasaki expressed her concern, as a peer
?1 reviewer of CBEP.: A Resource Book for
Erotecting Ecosystems and Communities, that
Was developed by EPA, that the definition of the
'=word "ecosystem" does not consider human
hgajth and welfare adequately. Mr. Whitehead
observed ' that most of the ecosystems
s,au,E§ ......... fessli ........ §i§ ......... Issitid, .......... ID ...................
......
easotside urban areas rather than ...... in
Hjemseli/gs., ............................... Mr,. ................... EIMD
Sl§!: SlS avaHabpy of data that could
"emonslfale the potential economic benefit to a
1;;::"^^^^^^ nad been a limiting factor that affected
Ill,,,,;, communities,forthg Resource ~
issues, he observed, neither the CBEP program
staff nor the subcommittee have great
understanding of "how to develop synergies
between the two efforts." Mr. Prout added that it
is important to recognize environmental justice as
a "driver for CBEP" and other place-based
initiatives, rather than merely a contributing factor.
Environmental justice concerns must be
understood explicitly by the regulated community,
he added.
Concluding the discussion, Ms. Kawasaki asked
Whether there is an opportunity for the NEJAC to
contribute to the process of selecting a CBEP
pilot site in the future. Mr. Filbin replied that doing
so would be possible if the subcommittee were to
make a formal proposal to that effect.
.Update i on the m Risk /Vs§essm
UcRer] I cgmmentgd that the , people
for implementing CBEP in the EPA
regional offices should be provided environmental
taming. i "Environmental justice people"
M Hive not 'been Involved sufficiently in CBEP
^;^Er^^^^^^^> §i§,§i!si M§a Sipy^en then stated
" " ! as~claScaloo "|fial mandatory environmental
justice training already had taken place in Region
'"'.""'12. Mr. Benjamin added that regional
environmental justice coordinators should
rijjsjpji tjegoirje iQy.pJy.gjj,, with QggE Ms, Millet,,, then
'"•wa* suggested that, 'in an effort to encourage other
divisions of EPA to address environmental justice,
staff of OPPE should examine how EPA's
Initiatives and innovative programs can reinforce
oFinyfronmental justice.
Wi
i .
^!£ iJ£>.§!»nfeiau§ Jfien expressed his disappointment
"^ ..... IS,:idMyaM,,,response to
..... the .......
, ..... IP May 7 requesting that
concerns be incorporated
into CBEP. Mr. Stanislaus commented that, while
re^J33JJ]gfl§ggpj2§ tijaj gnvironffigntaj justice be
—"• nrflegraTedl'into' CBEP had not become practice.
Sjajjlsjaus, sjajgd tJialJjs, experience in South
York,,had led him to
;ie
agencies and merely
ISSSiSSiEOT^
tout soliciting the views of those
AifliilM
In summary, Mr. Lee stated that the principles of
a|g bgsjc principles of environmental
jStice. Agounh there is a natural intersection of
Mr. Benjamin acknowledged the contributions to
the Risk Assessment Roundtable of EPA OERR,
ATSDR, the National Institute for Environmental
Health Sciences (NIEHS), and the Health and
Research Subcommittee of the NEJAC. Mr. Lee
stated that the subcommittee's Risk Assessment
Work Group endeavoring to involve EPA's Office
of Children's Health Protection (OCHP) in
roundtable activities is because the concerns of
the two entities overlap.
Mr. Lee then introduced Mr. David Batson, EPA
OECA, Office of Site Remediation Enforcement,
Policy and Program Evaluation Division. Mr.
Batson st^es^
group of stakeholders that have influence on the
risk assessment process. He emphasized the
importance of facilitating discussions and creating
a neutral process that lends credibility to the
federal government. Further, it is important to
seek outside expertise as is necessary according
to the circumstances of specific sites, he added.
Ms. Tucker then expressed the opinion that a
smaller roundtable, including community
members only if they can offer informed opinions
about risk assessment, would be most
appropriate for developing the risk assessment
process.
The members of the subcommittee then
discussed a draft resolution that EPA reform the
process by_ which it performs risk assessmerjts
CERCLA and RCRA to adequately
consider the risks of adverse health and
environmental effects in minority and low-income
^^^^^
. iiii^iitiM^
,, ......................... i ..... : ....... „ ...... | .................... j!« ..... '""'Sl^
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National Environmental Justice Advisory Council
Waste and Facility Siting Subcommittee
populations that are affected by RCRA and
CERCLA sites. (
3.5 Brownfields Issues
The members of the subcommittee received
presentations about and discussed topics related
to the Brownfields program: a status report on
the program, a review of job training opportunities
for minority workers, and a status report on the
guide to standards for redevelopment of
Brownfields currently under development by the
American Society for Testing and Materials
(ASTM). Exhibit 8-5 provides a description of
EPA's Brownfields program. The presentations
and discussions are summarized below.
Exhibit 8-5
Exhibit 8-6
U.S. ENVIRONMENTAL PROTECTION
AGENCY'S (EPA) BROWNFIELDS
ECONOMIC REDEVELOPMENT
INITIATIVE
EPA's Brownfields Economic Redevelopment
Initiative is designed to empower states,
communities, and other stakeholders in
economic redevelopment to work together in a
timely manner to prevent, assess, 'safely clean
up, and sustainably reuse brownfields. A
brownfield is a site, or portion thereof, that has
actual or perceived contamination and an active
potential for redevelopment or reuse. EPA's •
Brownfields Initiative strategies include funding
pilot programs and other research efforts,
clarifying liability issues, entering into
partnerships, conducting outreach activities,
developing job training programs, and
addressing environmental justice concerns.
3.5.1 Status Report on EPA's Brownfields
Program
Mr. Lee introduced Ms. Garczynski, who provided
an update on EPA's Brownfields program.
Ms. Garczynski began by stating that EPA's
Brownfields program had received a significant
. sum of money in 1998 that supported the
expansion of the number of Brownfields
assessment pilots projects. Exhibit 8-6 provides a
description of the pilot projects. There are now
157 Brownfields pilot cities and 71 new proposals,
she said.
BROWNFIELDS ASSESSMENT
DEMONSTRATION PILOT GRANT
PROGRAM
As a part of the U.S. Environmental Protection
Agency's (EPA) Brownfields Economic .
Redevelopment Initiative, the Brownfields
Assessment Demonstration Pilots are designed
to empower states, communities, tribes, and
other stakeholders in economic redevelopment
to work together in a timely manner to prevent,
assess, safely cleanup, and sustainable reuse of
brownfields. EPA has awarded cooperative
agreements to states, cities, towns, counties, and
tribes for demonstration pilots that test
brownfields assessment models, direct special
efforts toward removing regulatory barriers
without sacrificing protectiveness, and facilitate
coordinated public and private efforts at the
federal, state, and tribal and local levels,
Ms. Garczynski stated that her office is evaluating
the issue of community involvement in the
• development of proposals for Brownfields
projects. She added that the Brownfields Team
had noted a significant increase in community
involvement because of communication of
information among Brownfields cities. Almost all
cities that are recipients of Brownfields pilot
grants have established Brownfields working
groups at the city or county level, continued Ms.
Garczynski. Citizens sit on those working groups,
participate in the selection of sites, and help
determine how property will be redeveloped, she
said. ."
Ms. Garczynski then identified a problem facing
the Brownfields program, in that $35 million had
been appropriated for the establishment of
revolving loan funds for Brownfieids cleanup, but
the House Appropriations Committee had
restricted use of the funds by requiring specific
statutory authorization for the use of the funds to
support Brownfields work. Ms. Garczynski
explained, that EPA plans to allocate money to
states for site assessments and to fund voluntary
programs that enhance community involvement.
To date, $13 million had been transferred to state
programs to be used for information
dissemination, she said. Ms. Garczynski stated
that allocations to the Brownfieids program had
undergone scrutiny on the part of EPA's Inspector
General's (IG) as well as Republican members of
Oakland, California, June 2,1998
8-13
-------
I
Waste and Facility Siting Subcommittee
National Environmental Justice Advisory Council
• \tiit iiiiiii
However, she continued, a U.S.
Accoyrjjlrig Office (GAO) report and the
G had concluded independently that all recipients
o| ............ Brownfiejjjg ............. fiifldjig are ............ using the money
SSwtjSrJateTy" ...... she" "said. ................ Other, obstacles ....... to ....... the, ........
progress of the program Ms. Garczynski identified
of ERA'S statutory
......... NGO_s ........ and ........ of ....... the ....... validity of
I,IIirsocideconomic .research ............ conducted, ........... to ............ identify
I recipient communities.
jj iDesite tiiosejtecjeSj Ms. Garczynski noted,
pillion hacfjbfien spent on research to clarify
the extent of the problem the Brownfields
program addresses and the environmental justice
implications ,of such problems. Of the initial $48
million investment, $942 million had been raised
from private sources for investment in Brownfields
redevelopment, she"continued. The Brownfields
Team had selected 16 showcase cities to
demonstrate Brownfields redevelopment, and the
team had enlisted the aid of 20 partners, from
government agencies to community groups and
NGOs, to assist in the pilot, she reported. Exhibit
8-7 provides a description of EPA's showcase
Ms Garczynski offered as evidence the
fact that EPA's investment in the showcase city
project had leveraged an investment of $25
million from the U.S. Department of Housing and
Urban Devejo£rnent (HUD) in the form of loan
,J||Ip,^ IlliiiiiilB^^^^
j!Jj:;Sjjj^^^
I
- 9 1 1 i
]1S i ii ii in I
!xhibit8-7
BROWNFIELDS SHOWCASE
COMMUNITIES
Brownfields Showcase Communities have three main goals:
• To promote environmental protection, economic redevelopment and community revitalization
through the assessment, cleanup and sustainable reuse of brownfields
• To link federal, state, local and non-governmental action supporting community efforts to restore
and reuse brownfields
• To develop national models demonstrating the positive results of public and private collaboration
addressing brownfields challenges
A partnership of more than 15 federal agencies with interests in brownfields redevelopment has
designated 16 Brownfields Showcase Communities. The federal agencies participating in the
Brownfields National Partnership will offer special technical, financial, and other assistance to selected
communities — Brownfields Showcase Communities—that will be models demonstrating the benefits
of focused, coordinated attention on brownfields. The Brownfields Showcase Communities project
will be the centerpiece of the federal government's Brownfields Initiative and will provide a pattern for
future cooperative efforts in addressing other environmental and economic issues.
garczynski's
expressed his
I
of sstnniunify
on the, application process for the
pilot program is reflected accurately
,. Garczynski replied that the
Brownfields Tearn follows up by calling
community members listed on the,application and
inquiring about the degree of their involvement in
!!^ "!"""!Jb§ PJ3§»ratJon of the application. Applications
incTude .fraudulent MPJIQifiSD, are Dot
^fjJIj^plBd for further review, she said.
Ms. Miller then raised the concern that there be a
mechanism that can evaluate Brownfields pilot
programs effectively in terms of environmental
justice. She expressed her suspicions that some
programs, such as the New Orleans pilot project
serve environmental justice very well, while
others, such as the New York City, are
"unmitigated disasters" that actually reduce public
participation. Ms. Hayden substantiated Ms.
Miller's observation, saying that Region 2 had not
coordinated the Brownfields effort with
community-based organizations in New York City.
Hayden stated her agreement that
mus
Oakland, California, June 2,1998
-------
National Environmental Justice Advisory Council
Waste and Facility Siting Subcommittee
involved in Brownfields redevelopment efforts
from the start. Ms. Garczynski added that, in her
experience, regional environmental justice
coordinators have not always been interested in
participating in those efforts because "it takes a
lot of work to review the proposals." She stated
that she had observed such reluctance despite
the fact that EPA has amended the evaluation
methodology, relocated the review panels to
regional offices, and demanded that regional
environmental justice coordinators be
represented on the pilot evaluation panel.
Mr. Lee then remarked that there have been both
successes and failures in the Brownfields
program. He noted that not every city had
adopted the environmental justice perspective in
its redevelopment efforts. Mr. Lee cited as an
example the city of Detroit's attempt to establish
a Brownfields Redevelopment Authority that
included no community members. Mr. Chuck
Powers, Institute of Responsible Management,
had investigated the makeup of Brownfields staff
and-found that it is not racially and ethnically
diverse, said Mr. Lee.
Mr. Fields then stated his belief that it is possible
to change the approach to Brownfields
redevelopment in New York City and other cities
that have not exemplified the ideals of
environmental justice. He recommended the
establishment of measures, such as the
withholding of showcase city status, to dissuade
local Brownfields coordinators from excluding
community members from discussions. Further,
added Ms. Garczynski, Brownfields
redevelopment proposals that fail to specifically
include environmental justice considerations can
be filtered out by the regional environmental
justice coordinators.
3.5.2 Minority Worker Training Program
Ms. Sharon Beard, National Institute of
Environmental Health Sciences (NIEHS),
reviewed the efforts of the Minority Worker
Training Program (MWTP), a collaboration
between EPA and NIEHS to train inner-city young
adults to enter the environmental restoration field.
Ms. Beard noted that MWTP had sent letters to
Brownfields showcase community project
managers describing the program and the training
programs of the six current recipients of grants
under the MWTP. She added that the
educational material, produced by the National
Clearinghouse for Worker Health and Safety had
produced educational material on such aspects of
Brownfields redevelopment as jobs and cleanup.
The materials, she said, had been sent-to MWTP
grantees, EPA regional Brownfields coordinators,
and representatives of showcase communities.
Ms. Beard then explained some of the
.requirements imposed upon applicants for MWTP
grants. Grantees must form partnerships
between showcase community representatives
and community-based organizations, she said.
Part of the grant money must be provided to the
community-based organizations so that they can
become involved in the recruitment and training of
participants, she added. There are no age
restrictions oh participation, NIEHS will not
prescribe how grants are to. be used, and
grantees and communities can customize their
proposals to fit the needs of the particular
community, she explained further. Ms. Beard
reported that NIEHS will receive grant
applications until July 1,1998 and begin making
awards on August 31, 1998.
Mr. Benjamin then offered the subcommittee's
assistance in reviewing applications for MWTP
grants. Ms. Beard responded that she would take
the offer under advisement.
At the conclusion of Ms. Beard's presentation, Ms.
Kawasaki commented that there is a need for a
better strategy for disseminating the success
stories of worker training programs, community
involvement, and Brownfields redevelopment
Ms. Garczynski responded that there is a plan to
update the Brownfields World Wide Web Site with
success stories. Ms. Beard added that the MWTP
Technical Workshop held in New Orleans,
Louisiana had brought together participants from
communities, state and local governments, and
federal agencies to highlight the successes of
their efforts. .
3.5.3 Status Report on the ASTM Standard
Guide to Brownfields Redevelopment
Ms. Miller discussed the draft document ASTM E-
50.03 Standard Guide to the Process of
Sustainable Brownfields Redevelopment. She
explained first that there is no authority to require
.the implementation of ASTM guidelines. The
guide presents suggestions for facilitating
implementation of Brownfields redevelopment
and can help avoid the acrimony that often is
associated with government and community
relations, said Ms. Miller,
Oakland, California, June 2,1998
8-15
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: ; ,; , ; ; ; ; a .i i <• i ; «• . ; •<< j
' '' S'
i _ __ _ National Environmental Justice Advisory Council ,
Mj. Lee offered the opinion that the guide
Sfovides an industry-endorsed road map for
IHSfJSI&ofcljng obstacles and litigation related to Title VI'
; endorsed by industry.
i her presentation, Ms. Miller informed
the subcommittee that final review of the guide
will take place in September 1998 in San Antonio,
She .then reguested comment on the,
'Ifll Sjul'de from the" subcommittee, as soon as
i ijriPiiHM^
~:^m~: possible.
I pj^ i nil ii in
I; "iiii] Jii'i'iniiiiniiiihiiiiinn "iiinir vmx ^ n iniinnnn" n" n linn will •in n in i
I
IF PUBLIC DIALOGUE
• III 111 llljlllllllllllllllllllllllllllllll I llllllllllllH 1111 «^l I Illllll 111 111 Illlllll Illllll 111 111 111 I 111 1111 11II fmOEINOI llHlillllilll'llill
•. Lee opened the floor to public dialogue.
of communities in the San Francisco
III- I!
™SSfs Bay Area gave a brief presentation, Urban Habitat
Brownfields. Their comments werejbjjpwed by a
iiii. iii presentation by 'members of communities in
Calcasieu Parish, Louisiana on environmental
contamination in their cornjTiunity.
' 4.1 Urban Habitat Brownfields in the San
Francisco Bay Area
~n\e presenters were Mr Torn Estrada, Urban
? ".l£=2lL^ir£a ..'.""Habitat; Mr. Alex .Lantsberg, Southeast Alliance
for Environmental Justice; Mr. Olin Webb, Bay
i'i^ and
liJI P"r" nenryCiarK yyggj County Tojdcs Coalition.
Mr. Estrada noted that trie public comment period
| "ii'iii Is an opportune moment to reflect on successes
;~-~r-ilQ£i Mly,!S§ of grownfields projects as regional
; ,and national pilots cometo rompletion. He then..
i; i it £' successes
I llllnminl'nB H||< .ill Ulllllllllillllil'iljlllll., li!niiliniill|.:liL;ilhr: l|ipl|tll! I'llPI'liil I!' I I
Iretldentified several Brownfieids
in tfii Bay Area. He stated that
ijty" influence on the development of
criteria for Brownfields
redevelopment pilot projects, consultations with
£;!!i2i§3£g!2Eers and financiers, and conduct of site
'have been some plthe,, positive aspects of
Brownfields redevelopment in the Bay Area.
I Brownfields efforts, he said, are a lack of
f •——•••—•••:•:. :::::gU,ttlOrity on the part of cgmmunities to. procure
Developers that would work , on identified,,
| rsirsSE "xzr''irs ,:;C§rownfiekis redevelopment sites. The community •
221 uji^ejgjgptj wjjgj actions jt .can |§ke to.
HSif.f^psTst1 in redevelopment, and examples _ of .
!BS«»siS:i eponomic empowerment through redevelopment
iiiiiiiiiiiLiiiiiiiiHiiiiiinnuiiEii!. iHiiiiii'iniii.'iBiji' igiiniiiiiiiiiiiiiiiii'iiiiiiiiiiiiiiiPiiiiiiiiiiiiiiiipiiiyi ! T • t 5""j> '"""• T i • • '•"•
are not apparent, said Mr. Lantsberg.
community
'i i It
He then
organizations be
|;i;El:^^
•' •' ' ; ' ' ; ' ":" tfi^clinlcaT. fiTiinciaT, and corrimunity coordination
gilUil ;lllllllllll^ II Illllll 111 1
areas. He stated that if the redevelopment
process is to be under the control of the
community, it may be necessary for the
community to own the property. He stated further
thgtw,Qrj«Liraining programs are very important
in the building capabilities of communities. It is
important, Mr. Lantsberg concluded, that
redevelopment encourage money to stay in the
community.
Mr. Webb discussed public involvement and
MM i I mi 11 ii «»' • •*- - •••• : ;
empowerment from the perspective of his work
witl] i the Bayyjew-Hynters Point Cg,mrn,yn,ity
lEaillPPrnsnf Corporation. He stated" that a
competitive bidding process to supply contractors
to conduct cleanups is not acceptable to African
Americans because there are few black-owned.
businesses that can call upon the materials and
resources necessary to produce a bid. Mr. Webb
stated that his goal is to establish a remediation
company in the area that employs local labor. He
stated that less than one percent of
redevejppment funds has gone to African
Americans, he asked. for set-asides for the black
CommunifyT Mn 'Webb stated that designation as
a showcase community does not benefit the
community unless an economic recovery plan
designed by the community is prepared, he
continued. ,.Mr. Webb stated that he would like, to
use community grants to leverage private-sector
dollars, adding that the city does not deal fairly
with trie affected community.
Ms. Garczynski stated as an example that the
Communify Development Corporation (CDC) of
CWcagoJIIjnois is managing the site assessment
and cliihup in that city She then suggested that
the San Francisco Redevelopment Authority meet.
with EPA's regional environmental justice
coordinators and the Chicago CDC to share
information. _ ,
Mr. _ Clark then, djscyssed, .BrgwDfieJ.cl.s,
redevelopment in ^jor^ Richmond, California.
The City of Richmond had made the effort to
reach out to the community and assemble
interested stakeholders, said Mr. Clark. However,
the city still struggles with implementing public
participation and community activists, and NGOs.
do not have adequate resources to participate
effectively in decisions related to Superfund or
Brownfields ,issues,,rhe,sajd. Mr. Clark then stated
that fun3s provided by the city and EPA
assistance do not "trickle down" to the community
level and that environmental justice is not being
served unless communities receive the benefit of
the resources.
Oakland, California, June 2,1998
111 in i iiiiii ii n iiiii i iiiiiiii|i i iiiiii i
-------
National Environmental Justice Advisory Council
Waste and Facility Siting Subcommittee
Mr. Lee then asked that each speaker present
one recommendation for consideration by the
subcommittee. Mr. Lantsberg, Mr. Webb; and Mr.
Clark all stated that resources must reach
affected communities and that city governments
must follow through on .their commitments to the
community.,
Ms. Garczynski then explained that, there is no
legal authority under Title VI, to give money
directly to' communities. There is, however,
flexibility in the way that grants can be written, she
said. It therefore is important that community
v activists produce written requests for funding,
clarifying how money will be spent, she added.
Such requests can be delivered to regional
brownfields coordinators, regional environmental
justice coordinators, or directly to her, said Ms.
Garczynski.
Concluding the discussion, Mr. Benjamin invited
representatives of Urban Habitat to attend
Brpwnfields '98, a conference sponsored by EPA
to be held November 16 through 18,1998 in Los
Angeles, California.
,4.2 Environmental Contamination in Calcasieu
. Parish, Louisiana
Mr. Lee introduced the discussion of
environmental contamination in Calcasieu Parish,
Louisiana by stating that the Waste and Facility
. Siting .Subcommittee had decided to hear
comment on the issue despite the fact that it
perhaps is more germane to other subcommittees
of the NEJAC, such as the Enforcement, Health
and Research, and Public Participation and
Accountability subcommittees. The Waste and
Facility Siting Subcommittee has decided to hear
the presentation because "it would be remiss to
- ctismiis the concerns of an environmental justice
community that has demonstrated such
persistence and emotion," said Mr. Lee.
The presenters were: Ms. Kathy Landry,
President, Calcasieu League for Environmental
Action, Now (CLEAN); Ms. Debra Ramirez,
President, Mossville ' Environmental Action
Network (MEAN); Ms. Peggy Sullivan, CLEAN
and MEAN; ^ Ms. Beth, Zilbert, Coordinator,
CLEAN; and Ms. Mariene Ross, Mothers of
Mossville (MOM), MEAN, CLEAN, Mossville
Awareness, Mossville Advisory Steering
Committee, and National Association for the
Advancement of Colored People (NAACP).
Ms. Ramirez began the presentation by
characterizing the contamination problem in
Calcasieu Parish, which includes Mossville,
Westlake, and Willow Springs, Louisiana. She
stated that the aquifer in the area supplies water
to southwest Louisiana and southeast Texas. In
Mossvilie, she stated, the water supply is
contaminated with 70 times the amount of
ethylene dichloride (EDC) acceptable under the
Clean Water Act and at 2,600 times the
established limit in Willow Springs. Constant
flaring at the facilities in the parish indicate that
the facilities are not in compliance with the Clean
Air Act, as well, she said. Ms. Ramirez then
stated that the following companies have among
them 50 facilities within a few miles of Mossville
and currently were attempting to site an additional
eight polyvinyl chloride (PVC) facilities in the area:
Condea Vista, Entergy, Conoco, Oien, and PPG,
she said. Ms. Ramirez added that the Mossville
community has 593 residents and that
approximately 50 families live in Willow Springs.
EPA Region 6, Ms. Ramirez continued, had been
engaging in direct negotiations with the industries
responsible for the contamination of the
communities. EPA had relied upon industries to
• pay voluntarily fora health study, and the agency
had not involved community members in the
negotiations, she said. Ms. Ramirez stated that
EPA Region 6 and the Louisiana Department of
Environmental Quality (DEQ) had not been
responsive to community requests for information
and action. Although the contamination has
existed since 1980, she Continued, no fines had
been levied, no remediation conducted, and no
effort made to place the site on the NPL.
Ms. Ramirez and the other citizens of Calcasieu
Parish made the following requests of EPA and
the NEJAC:-
Community involvement in the decision
making process
• Performance of a study of cumulative health
effects of residents of the area
• EPA oversight of industry discharge permits
and suspension of further permitting
• Acceptance by industry of responsibility for
contamination •
Remediation of groundwater and the local
aquifer
Oakland, California, June 2,1998
8-17
-------
'.•.'.>; :. .':s;:; •••^/•v";: 'X-l'tM ^,'•::;I
Waste and Facility Siting Subcommittee
National Environmental Justice Advisory Council
;:; Relocation. Q|,Cjtea,sje:,y, Egrjgh::residgnts who,
iri'lSeii! adyeipiiiy gy jn:e contamination
After the. members explored possible remedies for
the situation in Calcasieu Parish, Ms. Tucker and
M,L !=§,§, iSilSlSfiiil i SOUrs® , of action for
JJiSAfter fie, presentation, various, members of the
{[^Qtj'jjorjjmjilgg, Pjj|Jirjej| II iQUffiillSC Si, possible
reigil^recS^tne^situation jn Caicasieu Parish,
OSWER should investigate whether jt has the
to place the area on the NPL or take remedial
.actions an£ishoggiiilllrigport its findings to the
' ' ' " ' '" NlJAC^at their next;
general manner problems
such as the contamination of Calcasieu Parish.
The members of the subcommittee agreed to
establish a work group to address the cumulative
effects of industrial pollution on "cluster
communities" that are affected by multiple
sources of pollution. The work group will study
such problems from a multimedia perspective and
wil| include representatives of the community and
industry, technical experts, and a cross-section of
members of various subcommittees of the
t ............ Lse ......... noted that, the first order of
rhe NgJAC should coordinate
; icomgrehensiye multimedia investigation of
I'contarninaion in the arga and its implications
oh human health,. The investigation should
^^^^j^^^^^^^fsiisejiignt and Health and
LZzEfi^e.aj^subc5JBmtttees
,
. Business of the work group would be to
investigate conditions in Caicasieu Parish.
5.0 SIGNIFICANT ACTION ITEMS
/ Establish a work group to explore Superfund
EPA Region 6, which is not bound to S Develop a resolution in which the NEJAC
hazardous waste issues only, calls on EPA to reform the risk assessment
of the area's process performed under CERCLA and
air and groundwater 5S56 -2 !Dc2rPorate risks of adverse health
^^^^^^^^^^^^^^^^^^^^^^^^^^^- SI minprif' '
- • • • •-• • ::: • : • ::::"" :" : : ' ; ' : ' : "~::^^^^^^^^^^^
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-------
Appendix A
List of NEJAC Members
-------
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-------
NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
Alphabetical List of Members
1997-98
DESIGNATED FEDERAL OFFICIAL
Robert J. Knox, Acting Director
Office of Environmental Justice
U.S. Environmental Protection Agency
401 M Street, SW (MC 2201 A)
Washington, DC 20460
Phone: 202/564-2515
Fax: 202/501-0740
E-mail: king.marva@epamail.epa.gov
Don J. Aragon - 3 years
Wind River Environmental Quality
Commission
Shoshone and Northern Arapaho Tribes
P.O. Box 217
Fort Wasakie, WY 82514
Phone: 307/332-3164
Fax: 307/332-7579
E-mail: wreqc-twe@wyoming.com
Leslie Ann Beckhoff - 2 years
Conoco lnc./DuPont
One Lakeshore Drive, Suite 1000
Lake Charles, LA 70629
Phone: 318/497-4834
Fax: 318/497-4717
E-mail: leslie.a.beckhoff@usa.conoco.com
Christine Benally -1 year
Sanostee Chapter of the Navajo Nation
P.O. Box 722 . N
Shiprock, NM 87420
Phone: 505/368-7051 •
Fax: 505/368-7011
E-mail: cbenally@navsra.navajo.ihs.gov
Sue Briggum - 2 years
Waste Management .. •
North Building #300
601 Pennsylvania Avenue, NW
Washington, DC 20004
Phone: (202)628-3500
Fax: 202/628-0400
E-mail:
sue_briggum@wastemanagement.com
Dollie B. Burwell -1 year
Office of Congresswoman Eva Clayton
400 West 5th Street, Suite 106
Greenville, NC 27834
Phone:'919/758-8800
Fax: 919/758-1021
E-mail: w.burw@aol.com
CHAIR
Haywood Turrentine -1 year
Executive Director
Laborers' District Council of Education & Training
Trust Fund of Philadelphia & Vicinity
500 Lancaster Pike
Exton, PA 19341
. Phone: 610/524-0404
Fax: 610/524-6411,
E-mail: HLJ1@aol.com
OTHER MEMBERS
Luke W. Cole - 2 years
Center on Race, Poverty and the
. Environment
California Rural Legal Assistance
Foundation
631 Howard Street, Suite 330
San Francisco, CA 94105-3907
Phone: 415/495-8990
Fax: 415/495-8849
E-mail: crpe@igc.apc.org
Mary R. English -1 year
Energy Environment and Resources Center
University of Tennessee
600 Henley Street, Suite 311
Knoxville, TN 37996-4134
Phone: 423/974-3825
Fax: 423/974-1838
E-mail: menglish@utk.edu
Rosa Franklin - 2 years
Washington State Senate
409 Legislative Building
P.O. Box40482 '
Olympia, WA 98504-0482
Phone: 360/786-7656
Fax: 360/786-7524
E-mail: franklin_ro@leg.wa.gov
Arnoldo Garcia - 2 years
Development Director
Urban Habitat Program
Earth Island Institute
2263 41st Avenue
Oakland, CA 94601 ' . ' •
Phone: 415/561-3332
Fax: 415/561-3334
E-mail: agarcia@igc.apc.org
Grover Hankins- 1 year
Environmental Justice Project
Texas Southern University
3100 Cleburne Avenue
Houston, TX 77004
Phone: 713/313-7287
Fax: 713/313-1087
E-mail: ghankins@tsulaw.edu
James Hill - 2 years
Klamath Tribe
P.O. Box 436
Chiloquin, OR 97624
Phone: 541/783-2218
Fax: 541/783-2029
E-mailfjhill@cvc.net
Lawrence G. Hurst- 1 year
Communication & Public Affairs
Motorola, Inc..
3102 N. 56th Street
Mail Drop R 56-103
Phoenix, AZ 85018
Phone: 602/952-3008
Fax: 602/952-3145
E-mail: r38060@email.sps.mot.com .
Annabelle Jaramillo -3 years
Office of the Governor
Room 160, State Capitol
Salem, OR 97310
Phone: (503)378-5116
Fax: 503/378-4863
E-mail: annabelle.e.jaramillo@state.or.us
Lillian Kawasaki - 1 year
City of Los Angeles Department of
Environmental Affairs -
201 North Figueroa Street, Suite 200
Los Angeles, CA 90012
Phone: 213/580-1045
Fax: 213/580-1084
E-mail: lkawasak@ead.ci.la.ca.us
Charles Lee - 1 year
Expiration Dates: 1 year =7/31/98 2 year =7/31/99
Director of Environmental Justice
3 years= 12/31/2000
-------
I •' ii- • United, Church of Christ
Commission for Racial Justice
Drive, 16th Floor
Y^rk. NY 10115
Ine: 212^705577
2l2/8ZOr2162 or (212) 870-2422
QiQQl.22Z3@compuserve.com
Arthur Ray- 1 year
Maryland Department of the Environment
2500 Broening Highway
Baltimore, MD 21224
Phone: 410/631-3086
Fax: 410/631-3888
E-mail: aray@charm.net
!iCil£li,,ifli§£=,3 ]
isiffiQijiinJaj Justice Initiative
aturai Resources Defense Council
I ' I Fax: 212/727-1773
E-mail: vmiller@nrdc.org
Jane Stahl - 3 years
Assistant Commissioner
State of Connecticut
Department of Environmental Protection
79 Elm Street
Hartford, CT 06106-5127
Phone: 860/424-3009
Fax: 860/424-4054
Rosa ,,/ilMi Safn,P,S,=,,,,2 years
one
Gerald, Torres,,- 3 years
University of Texas Law School
727 East Dean Keeton, Room 3.266
Austin, TX 78705
Phone: 5127471-2680
Fax: 512/471-6988
;"E:mail: gf6rres@rriaii.law.utexas.edu
Baldemar Velasquez -1 year
Director
Farm Labor Organizing Committee
1221 Broadway
Toledo, OH 43609
Phone: 419/243-3456
fax: 41i/2J3-§655
E-mail: bveiasquez@access_toJedo.com
Damon P. Whitehead- 3 years
Lawyers' Committee for Civil Rights Under!
Law
1450 G St., NW, Suite 400
Washington, D.C. 20005
Phone: 202/662-8600
, Fax:. 202/783-5113
E-mail: dwhitehe@lawyerscomm.org
Margaret L. Williams - 2 years
Citizens Against Toxic Exposure
6400 Marianna Drive
Pensacola, FL 32504
Phone: 850/494-2601
Fax: 850/479-2044
E-mail: none
I'^I^ni.Spn'flMJ'ty of Catano Against Pollution
atafioj Puerto Rico 00962
' r' Z§Zffi§S:8§3l.
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-------
NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
SUBCOMMITTEE MEMBERSHIP
1997-1998
Stakeholder Breakdown
'DenotesNEJAC Council Member
" Denotes NEJAC Chair -
AC = Academia
EV = Environmental Group
CG = Community Group
NG = Non-governmental Organization
SL= State/Local Govt.
IN = Industry
TR = Tribal
Enforcement Subcommittee
SL Lillian Mood (3)
SL Arthur Ray* (1) Chair
AC Gerald Torres* (3)
EV VACANT
IN Leslie Beckoff* (2)
AC Grover Hankins* (1)
CG Peggy M. Shepard (1)
CG Rita Harris (3)
NG Lament Byrd (2)
NG Luke Cole* (2)
NG Richard T. Dairy (2)
-10 members (5 NEJAC)
South Carolina Dept. of Health
Maryland Department of the Environment
University of Texas Law School
Conoco Inc./DuPont
Texas Southern University
West Harlem Environmental Action, Inc.
Mid-South Peace & Justice Center .
Teamsters
CA Rural Legal Assistance Foundation
Communities for a Better Environ.
Health and Research Subcommittee -• 11 members (4 NEJAC)
AC Douglas M. Brugge (1) Tufts School of Medicine
Margaret Williams.* (2) , Citizens Against Toxic Exposure
Marinelle Payton (2) Harvard Medical School
CG
AC
AC
EV
SL
NG
SL
NG
TR
SL
Mary English* (1) Chair
Carlos Porras (3)
Michael J. DiBartolomeis (3)
Eugene M. Peters (3)
Andrew McBride(1)
Rosa Franklin * (2)
Pen S. Loh (1)
Don Aragon* (3)
Jane Stahl* (3)
University of Tennessee
Communities for a Cleaner Environment
California EPA
Clean Sites, Inc.
Connecticut Lead Center
Washington State Senate
Alternatives for Comm. & Environ.
Shoshone and Northern Arapaho Tribes
State of Connecticut
Indigenous Peoples Subcommittee -8 members (1 NEJAC)
TR James Hill* (2),Chair
TR Charles Stringer (1)
AC Richard Monette (1)
IN Astel Cavanaugh'(l)
AC George Godfrey (3)
NG Sarah James (3), Elder
SL Brad Hamilton (3)
TR Dwayne Beavers (2)
TR Christine Benally* (1)
Klamath Tribe
White Mountain Apache
Univ. Of Wisconsin
Sioux Manufacturing Corp.
Haskell Nations University
Gwich'in Steering Committee
State of Kansas
Cherokee Nation
Sanostee Chapter of Navaho Nation
International Subcommittee
NG Baldemar Velasquez* (1)
SL Beth Hailstock (3)
IN Clydia Cuykendall (3)
AC Maria del Carmen Libran
CG Mildred McClain (1)
TR Bill Simmons (1)
EV Arnoldo Garcia * (2) "
NG Janet Phoenix (2)
•-8 members (2 NEJAC)
Chair Farm Labor Organizing Committee
Cincinnati Health Department
Star Enterprise (Texaco)
(3) University of Puerto Rico-Mayaguez
Citizens for Environmental Justice
International Indian Treaty Council
Earth Island Institute
.National Safety Council
Public Participation and Accountability Subcommittee --8 members (4 NEJAC)
NG Frank Coss (1)
EV VACANT
CG Delbert Dubois (3)
AC Robert Holmes (3)
SL Annabelle Jaramillo* (3)
IN Lonnie Hurst* (1)
NG Haywood Turrentine** (1)
TR Mamie Rupnicki (3)
CG Rosa Hilda Ramos* (2) Chair
COTICAM (Puerto Rico)
Four Mile Hibberian Community Association Inc.
Clark Atlanta University
Office of the Governor, State of Oregon
Motorola, Inc.
Laborers Education Training Trust Fund
Prairie Band of Potawatomi Tribe in Kansas
Community of Cantano, Puerto Rico
Waste and Facility Siting Subcommittee --13 members (6 NEJAC)
CG DollieBurwell*(1)
SL Lillian Kawasaki * (1)
IN Sue Briggum * (2)
NG Mathy Stanislaus (2)
NG Charles Lee* (1) (Chair)
NG Connie Tucker (1)
EV Ricardo Soto-Lopez (2)
IN Gerald R.Prout* (2)
AC Michael K. Holmes (3)
EV Vernice Miller (3)
NG Damon Whitehead* (3)
NG Brenda Lee Richardson (3)
CG Cynthia Jennings (3)
Warren County Concerned Citizens
Los Angeles Department of Environment
WMX Technologies
Enviro-Sciences, Inc.
UC of Christ Commission for Racial Justice
Southern Organizing Committee
Puerto Rico-Northeast EJ Network
FMC Corporation
St. Louis Community College . „.
Natural Resources Defense Council -*
Lawyers' Committee for Civil Rights Under Law
Women Like Us
ONE/CHANE
(1) -• Term expires 7/31/98 (2) - Term expires 7/31/99 (3) -- Term expires -12/31/2000
September 20,1998 (5:59PIV|)
-------
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-------
NEJAC ENFORCEMENT SUBCOMMITTEE
List of Members
1997-1998
DESIGNATED FEDERAL OFFICIAL
Sherry Milan
Office of Enforcement and Compliance Assurance
U.S. Environmental Protection Agency
401 M Street, SW (MC 2201 A)
Washington, DC 20460
Phone: (202)564-2619
Fax: (202) 501-0284
E-mail: milan.sherry@epamail.epa.gov
CHAIR
Arthur Ray - 1 year (SL)
Maryland Department of the Environment
2500 Broening Highway
Baltimore, MD 21224
Phone: (410)631-3086
Fax: (410)631-3888
E-mail: aray@charm.net
OTHER MEMBERS
Leslie Beckhoff - 2 years (IN) *
Conoco/Dupont
One Lakeshore Drive, Suite 1000
Lake Charles, LA 7062?
Phone: (318)497-4834
Fax: (318)497-4717
E-mail: leslie.a.beckhoff@usa.conoco.cpm
Lament Byrd - 2 years (NG)
International Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001 .
Phone: (202)624-6960
Fax: (202)624-8740
E-mail: Ibyrd60933@aol.com
Luke Cole - 2 years (NG) *
Center on Race, Poverty & the Environment
California Rural Legal Assistance Foundation
631 Howard Street, Suite 330
San Francisco, CA 94105-3907
Phone: (415)495-8990
Fax: (415)495-8849
E-mail: crpe@igc.apc.org
Richard T. Drury - 2 years (NG)
Communities for a Better Environment
500 Howard Street, Suite 506
San Francisco, CA94105
Phone: (415)243-8373
Fax: (415)243-8930
E-mail: cbelegal@igc.apc.org
Groyer Hankins - 1 year (AC)" *
Thurgood Marshall School, of Law
Texas Southern University
3100 Cleburne Avenue, Room 212
Houston, TX 77Q04
Phone: (713) 313-7287
,Fax: (713)313-1087
E-rhail: ghankins@tsulaw.edu
Rita Harris - 3 years (CG)
Mid-South Peace & Justice Center
P.O. Box 11428
499 Patterson Street, Room 301
Memphis, TN 38111-0428
Phone: (901)452-6997
Fax: (901)452-7029 - '
E-mail: pax@magibox.net
Lillian Mood - 3 years (SL)
South Carolina Dept. of Health & Environ. Control
2600 Bull Street ' . '
Columbia, SC 29201 . • '
Phone: (803)734-5440
Fax: (803)734-9196
E-mail: moodlh@coiumb30.dhec.state.sc.us
Gerald Torres - 3 years (AC) *
University of Texas Law School
727 East Dean Keeton, Room 3.266
Austin, TX 78705
Phone: (512)471-2680
Fax: (512)471-6988 -
E-mail: gtorres@mail.law.utexas.edu
Peggy Shepard -1 year (CG)
West Harlem Environmental Action, Inc.,
271 West 125th Street, Suite 211
New York, NY 10027
Phone: (212) 961-1133, Ext. 303
Fax: (212)961-1015
E-mail: whea@igc.apc.org ,
* Denotes NEJAC Executive Council Member AC=Academia. CG=Community. Group TR=Tribal
EV=EnvironmentaI Group lN=lndustry SL=State/Local Government NG=Nongovemmental Organization
-------
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NgJACJIEAJLJH AND RESEAgCJj SUBCOMMITIEE
"•SSSSS Cist of Member's
1997-1998
DESIGNATED F|BiRAL
.• : ••„ !» "'Lawrence Martin
of Research, and,,,DeyeJopment
i=^^ Environmental Protection Agency
' - i «^2jarej£^^81(M>i '
ij DC 20460 " IIZIII
:, sEhone: (202);
(202) 565-2926
JsiBiSt lD3IEliD,J,iM§,D,£§@epamail.epa.gov
CHAIR
Mary English - 1 year (AC)
Energy, Environment and Resources Center
600 Henley Street, Suite 311
University of Tennessee
Knoxville, TN 37996-4134 ,
Phone: (423) 974-3825
Fax: .(423)974-1838
E-mail; menglish@utk.edu
Carol Christensen
Office of Pesticides
. '."" Evlronnentaiori
3n, DC 20460
HSSFESQS (202) 305:6230
i • - a • i: • Fax: not available
lt cMstensen,carol@epamail.epa.gov
lOTB&iM
;^ giMe
Quality Commission
Rosa Franklin - 2 years (SL) *
Washington State Senate
409 Legislative Building
llSlSiteflliiiSQJS ISiSSSB AjSBal!0: jQ^es . , P.O.. Box 40482
m B '" " '" ' "'" ' ' ~.^~tK'.* L^iv«^rrOJympia, WA98504-0482
ortWasak^ WY'^82514 , PhQne; (360)786-7656
BLllOZOilillMirilZ :. • ; fax; (360) 786-7524
(307) 332^7579 : : , E-mail; franklin_ro@leg.wa.gov
ill;wreqolwe@Vyoming.com
- i year
=^.=^^605^11, MA 021^1
pEone: {617[63^0326
(617) 63&7417
,Lo/7-1 year(NG)
Alternatives for Community & Environment
• 2343 Washington Street, 2nd Floor
Roxbury, MA 02119
Phone; (617)442-3343
Ea>£ (617)442-2425
E-mail: psloh@ix.netcom.com
t^^^,z^:;^ Ef-maSf: dbrugge^aol.corn
:i.3 years (SL)
.Annex 11, Rm. 721
Berkeley, CA 94704
" ' ioi (510) 540-2665
Fax: (510) 540-3063
lit berkeley.mdibarto@hw1.cahwnet.gov
Andrew McBride - 1 year (SL)
City of Stamford Health Department
888 Washington Boulevard
Stamford, CT 06901
Phone: (203)977-4396
Ea>£ (203)977-5506
E-mail: none
iiiiiiiiiiin^^^^^^^^^ iiiiiiiid
Denotes NEJAC Executive Council Member
CG=Community Group EV=Environmental Group IN=fndustry
TR=Tribal
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Marinelle Payton - 2 years (AC)
Harvard Medical School
181 Longwood Avenue
Boston, MA 02115
Phone: (617) 525-2731
Fax: (617)731-1541
E-mail: remar@gauss.bwh.harvard.edu
Eugene Peters - 3 years (IN)
Clean Sites, Inc.
901 North Washington Street, Suite 604
Alexandria, VA 22314
Phone: (703)739-1271
Fax: (703)548-8773 .
E-mail: user445569@aol.com
Carlos Porras - 3 years (EV)
Communities for a Better Environment
605 West Olympic Blvd., Suite 850
Los Angeles, CA 90015
Phone: (213) 486-5114, x109
Fax: (213)486-5139
E-mail: cbela@igc.org
Jane Stahl - 3 years (ST)
Assistant Commissioner.
State of Connecticut
Department of Environmental Protection
79 Elm Street
Hartford, CT 06106-5127
Phone:. (860) 424-3009
Fax: (860)424-4054
E-mail: none
Margaret L. Williams - 2 years (CG)
Citizens Against Toxic Exposure
6400 Marianna Drive
Pensacola, FL 32504
Phone: (850)494-2601
Fax: (850)479-2044
E-mail: none
September 20, 1998 (6-.OOPM)
-------
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"Jli^~7^irList of Members
' •.; \ ; 1,997-1998
I Si
U,S- Environmental Protection Agency
I SbBgt, SW(MC 2201-A)
| DC 20460
3; (202)546-2576
" Fax: "",(202) 501=0740 \ Fax:
1;gogai.danny@epamaii.epa.gov
lltllH^^^^
.James D. Hill - 2 years (TR)
Tribal Attorney
The Klamath Tribe
P. O. Box 436
Chiloquin, OR 97624
Phone: (541) 783-2218
(541)783-2029
E-mail: jhill@cvc.net
i p v i in i ill ii 111 IP Hi r < ^-^ i
[[[ -Anthony Hanson ...... - Alternate ..... DFO
................................ I ................................................ ATnencin ...... Indian Environmental, Office
. ....... EflMgQfflgaJgl ....... Protgcjon ..... Agency
, .......... ,, ................... ..... i, ....... ,,, ............................. , ......... , ..... , ..... -
i, DC 20460
]£ 12021260^106
ix:,,"' ^02)260-7509
|[8HHW'ii/ffi£!"E~rnaii; hanson.anthony@epamail.epa.gov
Other Members
....... . ..... .. ..... ;, ....... . .................. ,:„:--.,;„„;: Dwayne Beavers - 2 years (TR)
.O. Box 948
Tahlequah, OK 74465-0671
i™??*™.! Phone: (91 8) 458-5496
Fax; (918)458-5499
iifiis ..... iui« i E-Mail: dbeavers@netsites.net
Brad Hamilton - 3 years (SL)
DocMng State Office Building
915 SW Harris/Room: 611 North
Topeka, KS 66615-1570
Phone: (785)368-6613
Fax: (785) 296-4685
E-mail: bbh@srsexec.wpo.state.ks.us
Christine Benally- 1 year (TR) * Sarah James (Tribal Elder) - 3 years (NG)
Sar^ostee Chapter of the NavaJ° Nation Council of Athabascan Tribal Government
P.O. Box 722 P.O. Box 33
Shiprock, NM 87420 • / Fort Yukon, Alaska 99740
{505) 368-7051 Phone: (907) 662-2587, 800-665-2951
Fax: (907) 662-3333 '
none ...............................................
iS^
pirit Lake Nation
P.p. Box 222
"f E" Michael, ND 58370
I'lBqnffi. (701) 7663803
Fax; (701) 766-4803
rjgne. „ .,
Richard Monette - 1 year (AC)
University of Wisconsin Law School
975 Bascom Mall
Room 6112, Law Building '
....................... Madison, WI 53706
Phone;(608)263-7409
Fax: (608) 26272240
E-mail: rmonette@facstaff.wisc.edu
[[[ • ......... ......... i;^ iiii 1 1 1 1 1 1 HI
I I I If! I"!"!"!!""
~~—~ 1,55 Indian Avenue
Lawrence, KS 66046
WBBI1 HI Plwe:
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NEJAC INTERNATIONAL SUBCOMMITTEE
List of Members
1997-1998
DESIGNATED FEDERAL OFFICIAL
Wendy Graham
Office of I nternational Activities
U.S. Environmental Protection Agency
401 M Street, SW (MC 2601R)
Washington, DC 20460
Phone: (202)564-6602
Fax: (202)565-2411
E-mail: graham.wendy@epamail.epa.gov
CHAIR
Baldemar Velasquez - 1 year (NG)
Director
Farm Labor Organizing Committee
"1221 Broadway
Toledo, OH 43602
Phone: (419)243-3456
Fax: (419)243-5655
E-mail: bvelasquez@accesstoledo.com
OTHER MEMBERS
Clydia Cuykendall-3 years (IN)
Star Enterprise
12700 Northborough Drive
Houston, TX 77067-2508 . • -
Phone: (281) 874-3820
Fax: (281) 874-7041
E-mail: cuykecj@starent.com
Maria del Carmen Libran - 3 years (AC)
Department of Hprticuiture
University of Puerto Rico-Mayaguez
G.P.O. Box 5000 College Station
Mayaguez, PR 00681-5000
Phone: (787) 832-4040, x2088
Fax: (787)265-0860
E-mail: mjibran@rumac.upr.clu.edu
Amoldo Garcia - 2 years (EV) *
Development Director
Urban Habitat Program
Earth Island Institute
2263 41st Avenue
Oakland, CA 94601
Phone: (415) 561-3332
Fax: (415)561-3334
E-mail: agarcia@igc.apc.ofg
Beth Hailstock - 3 years (SL)
Cincinnati Health Department
3101 Burnet Avenue
Cincinnati, OH 45229
Phone: (513) 357-7206
Fax: (513) 357-7290
E-mail: none
Mildred McClain - 1 year (CG)
Citizens for Environmental Justice
1115 Habersham Street
Savannah, GA 31402
Phone: (912)233-0907
Fax: (912) 233-5105
E-mail: cfej@bellsouth.net
Janet Phoenix - 2 years (NG)
Public Health Programs
National Lead Information Center
1025 Connecticut Avenue, NW, Suite 1200
Washington, D.C. 20036
Phone: (202) 974-2474
Fax: (202)659-1192
E-mail: phoenixj@nsc.org
Bill Simmons- 1 year (TR)
International Indian Treaty Council
2412 Bakwom Drive, SE
Olympia, Wash 98513
Phone: (415)512-1501
Fax: (415)512-1507
E-mail: none
* Denotes NEJAC Executive Council Member
AC=Academia CG=Community Group EV=Environmental Group IN=lndustry
SL=State/Local Government NG=Nongovemmental Organization . TR=Tribal
-------
ACCOUNTABILITY SUBCOMMITTEE
List of .Members
1997-1998
DESIGNATED FEDERAL OFFICIAL
"Renee L Goins
,
AgenCy
;;::::3oi M street, sw (MC 21 61 AJ
" Washington, DC 20460 [[[
...................... Phone: (2027564-2591 [[[
' lllli:ii ..... " Fax: (202) ...... 501:0740 [[[ '
E-mail: goins.renee@epamail.epa.gov
CHAIR
Rqsa Hilda Ramos - 2 years (CG)*
Community Leader
Community of Catano Against Pollution
Ayenida La Marina'.
Mf fL Marina Bahia
Catena PR OQ962
Phone: (787) 788-0837
Fax: (787)788-0837
E-mail: rosah@coqui.net
OtherMembers
Frank Coss -1 year (NG)
] President
Comite Timon Calidad Ambiental de Manati
{COTICAM)
P.O. Box1459
Manati, PR 00674
Phone: (787) 884-0212
Fax: (787) 854-5756
E-mail: nope
De/JbertiiDoBg/sj-i3 years (CG)
iiiiiiiiiiiiiii iiiiiiiiiiiiiii iiii Four Mile Hibberian Community Association, Inc.
Four Mile Lane
milllliliyi&iarleston,SC 29405
Phone: (803) 853-4548
Fax: (803) 792-3757
E-mail: none
[IH^^^^^^^^^ ilH tlA II Ii" lllll mm iiilni Ill lillVlllhll! j|i
Robert Holmes - 3 years (AC)
Director
The Southern Center for Studies in
Public Policy
Clark Atlanta University
2J23 James P. Brawley Drive, SW
Atlanta. GA 30314
Phone: (404) 880-8089
Fax; (404) 880-8090
E-mail: bholmes@cau.edu
I'l < ' "
Lawrence G. Hurtst- 1 years (IN) *
Chief of Staff, Communication & Public Affairs
Motorola, Inc.
3-102 N. 56th Street
Wail Drop R 56-103
,' Bill! Phoenix, AZ 85018
Phone: (602)952-3008
Fax: (602) 952-3145
E"~m"all: hone
......... iiiiini ii
Annabelle E. Jaramillo - 3 years (SL) *
Citizen's Representative
Office of the Governor
State of Oregon
160 State Capitol
Salem, OR 97310
Phone: (503)378-6827
Fax: (503) 378-4859
E-mail; annabeHe.e.jaramillo@state.or.us
Mamie Rupnicki - 3 years (TR)
Prairie Band of Potawatomie Tribe in Kansas
14880 K Road
Mayetta, KS 66509-9114
Phone: (913)966-2255
Fax: (913)966-2954
E-mail: none ,
Haywood Turrentine - 1 year (NG)**
Executive Director
Laborers' District Council of Education and
Training Trust Fund
500 Lancaster Pike
Exton, PA 19341
Phone: (610)524-0404
Fax: (610)524-6411
E-mail: none
-------
NEJAC WASTE AND FACILITY SITING SUBCOMMITTEE
List of Members -
1997-1998
DESIGNATED FEDERAL OFFICIAL
Kent Benjamin
Office of Solid Waste and Emergency
Response
U.S. Environmental Protection Agency
401 M Street SW(MC 5101)
Washington, DC 20460
Phone: (202)260-1692
Fax: (202)260-6606
E-mail: benjamin.kent@epamail.epa.gov
CHAIR
Charles Lee - 1 year (NG)
United Church of Christ
Commission for Racial Justice
475"Riverside Drive, 16th Floor
New York, NY 10015
Phone: (212)870-2077
Fax: (212)870-2162
E-mail: 103001.2273@compuserve.com
Other Members
Sue Briggum - 2 years (IN) *
.WWIX Technologies, Inc.
601 Pennsylvania Avenue NW
North Building #300
Washington, DC 20004
Phone: (202) 628-3500
Fax: (202) 628-0400 • . ,
E-mail: sue_briggum@wastemariagemnt.com
Dollie Burwell -1 year (CG) * '
Warren County Concerned Citizens Against PCB
P.O. Box 254
Warrenton.NC 27589
Phone: (919)257-2942
Fax: (919)257-1309
E-mail: none
Cynthia Jennings - 3 years (CG)
ONE/CHANE, Inc.
166 Beacon Street
Hartford, CT 06105
Phone: (860) 233-3435 .
Fax: (860)232-7691
E-mail: none
Michael Holmes - 3 years (AC)
St. Louis Community College
Northside Education Center
4666 National Bridge
St. Louis, MO 63115
Phone: (314) 381-3822
Fax: (314)381-4637
E-mail: none
Lillian Kawasaki -1 years (SL) *
City of Los Angeles
Department of Environmental Affairs
201 Worth Figueroa, Suite 200
Los Angeles, CA 90012
Phone: (213)580-1045
Fax: (213)580-1084
E-mail: none
Vernice Miller- 3 years (EV)
Environmental Justice Initiative
Natural Resources Defense Council
40 West 20th Street
New York, NY ,10011
Phone: (212) 727-4461
Fax: (212) 727-1773
E-mail: vmiller@nrdc.org
Gerald Prout - 2 years (IN) *
FMC Corporation
1667 K Street, NW, Suite 400
Washington, DC 20006
Phone: (202) 956-5209
Fax: (202)956-5235
E-mail: jerry_prout@fmc.com
Brenda Lee Ruchardson - 3 years (NG)
Women Like Us
P.O. Box 31003
3008 24th Place
Washington, DC 20030
Phone: (202)678-1978
.Fax: (202)678-5381
E-mail: none -
* Denotes NEJAC Executive Council'Member
AC=Academia CG=Community Group EV=Environmental Group IN-lndustry
SL=State/Local Government NG=Nongovemmental Organization TR=Tribal
-------
IliH f I" '"p|l|"!! I'l^lii™™^ iilllllllflllllir Ill 1 Ilii/ll Iliill
II MIIIIW^^^^^ JIMIHHIIli • '
EJAC Waste and Facility Siting Subcommittee
pez- 2 years (EV)
ifiP,- E Environmental Justice Network
'
^fePhone; {2011482^8312
E-mail: none
. Connie Tucker- 1 year (NG)
Southern Organizing Committee
P.O, Box 10518
AJarita,, GA 30310
PhoDe: (404) 755-2855
Fax: (404)755-0575
E-mail: socejp@igc.apc.org
Environmental
; Association
;:::::lij Jigward Bpyjevard, Suite JQ8
s|j: 07856=
" • • ijiiojie: (201) 398-8183 ext. 1246
Si fax: ., (201) 398-8037
E-mail: mstanisl(^enviro-sciences.cpm
Damon P. Whitehead - 3 years (EV) *
Lawyers' Committee for Civjl Rights Under Law
1450 G Street, NW, Suite 400
Washington, DC 20005
Phi (202) 662-8600
FAX: (202)783-5113
E-mail: dwhitehe@lawyerscomm.org
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-------
Appendix B
List of Participants
-------
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-------
June 1998 NECMC Conference
List of Attendees
Elizabeth Adams
Section Chief
Region 9
U.S. Environmental Protection Agency
75 Hawthorne Street (MCH-6-5)
San Francisco, CA 94105
Phone: 415-744-2235
Fax: 415-744-2180
E-mail: Not Provided
Sam Agpawa
Air Planning Office
Region 9
U.S. Environmental Protection'Agency
75 Hawthorne Street
San Francisco, CA 94105
Phone: 415-744-1228
Fax: ' 415-744-1076
E-mail: agpawa.sam@epamail.epa.gov
Maricela Alatorre
People for Clean Air and Water
El Pueblo Para El A ire y Agua Limpio
P.O. Box 262
Kettleman,CA 93239
Phone: 209-386-9645
Fax: 415-495-8849
E-mail: Not Provided
Maria Alegria
Contra Costa Hazardous Materials
Commission
3398 Wren Avenue
Concord, CA 94519
Phone: Not Provided
/
Fax: ' Not Provided „;,
E-mail: Not Provided
Susana All
Environmental Justice Team
Region 5
U.S. Environmental Protection Agency
77 West Jackson Boulevard, (MC 69J)
Chicago, IL 60604
Phone: Not Provided
Fax: Not Provided
E-mail: Not Provided .
Mark Allen
Lead Poisoning Prevention Program
Alameda County
2000 Embarcadero, Suite 300
Oakland, CA 94,606
Phone: 510-567-8281
Fax: 510-567-8272'
E-mail: Not Provided
Malinda Allison
McCutchen, Doyle, Brown & Enersen, LLP
3 Embarcadero Center
; San Francisco, CA 94111
Phone: 415-393-2031
Fax: Not Provided
E-mail: Not Provided
Sen" Almanza
Project Coordinator
People Organizing to Demand Environmental
Rights
Southwest Network for Environmental and
Economic Justice
P.O. Box 7399
Albuquerque, NM 87194
Phone: 505-242-0416
Fax: 505-242-5609
E-mail: sneej@flash.net
Stephanie Alston
Office of Mobile Sources
U.S. Environmental Protection Agency
2000 Traver Wood Drive
Ann Arbor, MI 48105
Phone: 734-214-4952
Fax: 734-214-4052
E-mail: alston.stephanie@epamail.epa.gov
Michele Altemus
White House Council on Environmental
Quality
722 Jackson Place, .NW
Washington, DC 20503
Phone: 202-395-5750
Fax: 202-456-0753
E-mail: altemus_m@eop.gov
Aurora Alvarez
ECO Intern
Environmental Sciences Division
Office of Research and Development
U.S. Environmental Protection Agency
P.O. Box 93478
Las Vegas, NV 89193-3478
Phone: 702-798-2528
Fax: Not Provided
E-mail: alvarez.aurora@epamail.epa.gov
Laurie Amaro
Small Town Liaison
U.S. Environmental Protection Agency
75 Hawthorne Street
San Francisco, CA 94105
Phone: 415-744-1289
Fax: 415-744-1072
E-mail: amaro.laurie@epamai l.epa.gov
Janie Andera
Midway for Child Health and Welfare
230 Cuesta Drive
San Francisco^ CA 94080
Phone: 650-872-6702
Fax: Not Provided
E-mail: Not Provided
Jutie Anderson
Region 9
U.S. Environmental Protection Agency
75 Hawthorne Street, WST-1
San Francisco, CA 94105
Phone: 415-744-2113
Fax: 415-744-1044
E-mail: anderson.julie@epamail.epa.gov
Bradley Angel
(Sreenaction
915 Cole Street
Box 249
San Francisco, CA 94117
Phone: 415-566-3475
Fax: 415-566-5079
E-mail: Not Provided
-------
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I June 1998 NEJAC Conference
- • """"""""""""""""""""'"""""""""""""'"" """""""""'"""'""""""'' iiiii"" 11"" ii mi 1 in liiiiiili iiiiiiiiii 1 in i in inii i iiiiiiiiiiiii i n iiiii in iiiiiii
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Shasta
Wally Antone Faye Austin Ajumawi Band
Spokesperson | ^ ^ Associate, Counsel Hegdrngn
Ft. Mojave U.S. Environmental Protection Agency Native Coalition Medicine Lake/Mt.
ii i iii'|ii|i|i|i ii ID iiiiiiii 11 iii iiiiiiii i iiiiiiiiiiiii i iiii ii nil n iii 11 iiiii 1 in iiiiiiiiiiiiiiiiiiiiiii
CA 94101, Fall.Rjver Mills, CA 96028
Phone: 415-436-8218 Phone: 530-336-5165
Fax: 5,15^436-6471 ',,,,,
E-mail: r_faye_austin@hud.gov
4150 Golden Gate Avenue
iiiiiiiiiiin iiiiiiiiiii|iiii"iiiiiii i in iiii'i iiiiii'ii'ii iii" iHiiiiiiiiiiB iiiiiiii in iiiiiiii iiii iiiiiii 11 iiiiiii i ii' iiiiiiiiii iii
Needles, CA 92636
Phows: 760-629=45,91
Fax: 760-629-2468
Fax: , , 530-926-3397
E-mail: Not Provided
Don
", lxecutiv«
Cecil C. Bailey
program Analyst
Region 7
Mike Bandrowski
ii
Chief, Radiation, and Compliance
Region 9
II feffiffiSSSn ,, ,,, , 726 /Minnesota Avenue
Sjwsjwjeand Northerj^cagaho Tribes Kansas City, MO 66101
913^51^7765
E-mail: Not Provided
E-mail: wreqc-twe@wyoming.com
Stacia Bailie
'!'* ' SfirSflne
Illllilllllll
Emeryville, CA 94608
ne:.
, AZ 8J344
, flfefiS; §2Q-6.62-544Q ^
NoiPrpvided
NotPrveted,
75 Hawthorne Street
San Francisco, CA 94105
£15;744-i04.8 ;
jflgtfafclflB, :
E^maifi Mfitf royided
John Barnard
Compliance Manager
Integrated Environmental Systems
4J,9,,,,B,igh Street
Oakland, CA 94601
[fljiwj.cahwnet.gov .
Peter A!"
I l|lliliill!ll:l«i;|liilil!illl«llillii[lllllll:iili;!l':liliii!lin|i ,h<' lili'iiiyil'llllillllJiHILI |l|||<|i|!:,illllli§gjj F^rancisco, CA 94104
Phone: 415-362-5552 ext. 176
'-. fctel Erovided
.E±mgi!i. .Not Provided
ill! i iinnniiiiiin, i nmi. I'MIIIIIIIIIIIHI u n,. ujinii nr' inriiiiiinii Tii
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Phone: 415-868-0970
ilfev 415-868-2230
-------
June 1998 NEJAC Conference
List of Attendees
Page 3
NikkiBas
Sweatshop Watch
310 8th Street
Suite 309
Oakland, CA 94607
Phone: 510-834-8990
Fax: Not Provided
E-mail: Not Provided
Jesse Baskerville
Director
Toxics and Pesticides Enforcement Division
Office of Enforcement and Compliance
Assurance
U.S. Environmental Protection Agency
401M Street, SW, (MC 2245A)
Washington, DC 20460
Phone: 202-564-2325 v '
Fax: 202-564-0023
E-mail: baskerville.jesse@epamail.epa.gov
David Batson
ADR Liaison
Office of Alternate Dispute Resolution
U.S. Environmental Protection Agency
401 M Street, SW, (MC 2273A)
Washington, DC 20460
Phone: 202-564-5103
Fax: 202-564-0093
E-mail: batson.ddvid@epamail.epa.gov
Erasto Bautista
Tall Tree Trailer Park
Malaga, CA
Phone: Not Provided
Fax: Not Provided
E-mail: Not Provided
Sharon Beard
Industrial Hygienist
Worker Education and Training Program
National Institute of Environmental Health
Sciences , "
U.S. Department of Health and Human
Services
P.O. Box.12233 (MD EC-25)
Research Triangle Park, NC 27709-2233
Phone: 919-541-1863
Fax: 919-541-0462
E-mail: beardl@niehs.nih.gov •
Dwaync Beavers
Program Manager
Office of Environmental Services
Cherokee Nation . .
P.O. Box 948 .
Tahlequah.OK 74465-0671
Phoney 918-458-5496
Fax: '- 918-458-5499
E-mail: Not Provided
Christine Benally, Ph.D.
Vice President
Sanostee Chapter of the Navajo Nation
P.O. Box 722
Shiprock, NM 87420
Phone: 505-368-7051 ,
Fax: Not Provided
E-mail: cbenally@navsr.navajo.ihs.gov
Kent Benjamin
Program Analyst
Outreach and Special Projects Staff
Office of Solid Waste and Emergency
Response
U.S. Environmental Protection Agency
401M Street, SW, (MC 5101)
Washington, DC 20460
Phone: 202-260-2822
Fax: 202-260-6606
E-mail: benjamin.kent@epamaii.epa.gov
Michelle Berditschevsky
Save Mount Shasta Native Coalition for
Mount Shasta/Medicine Lake
P.O.; Box 1143
Mount Shasta, CA 96067
Phone: 530-926-3397
Fax: 530-926-3397 '
E-mail: ecology@macshasta.com
Karen Biestman
Director of Indian Education
Region 9 '
U.S. Environmental Protection Agency
75 Hawthorne _Avenue
San Francisco, CA 94105
Phone: 415-744-1688
Fax: Not Provided
E-mail: Not Provided
Paula Bisson
Toxics Section
U.S. Environmental Protection Agency
75 Hawthorne Street, CMD-4-2 •
San Francisco, CA 94105
Phone: 415-744-1128
Fax: ' 415-744-1073 '
E-mail: bisson.paula@epamail.epa.gov
Elinor Blake
Contra Costa County Health Services
20 Allen Street
Martinez, CA 94553
Phone: 925-370-5022
Fax: 925-370-5098
E-mail: eblake@hsd.co.contra-costa.ca.us
Darlene Boerlagc
Federal Facilities Enforcement Office
Office of Enforcement and Compliance
Assurance •
U.S. Environmental Protection Agency
. 401 M Street, SW, (MC 2261A)
Washington, DC 20460
Phone: 202-564-2593
Fax: 202-501-0644
E-mail: boerlage.darlene@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: 619-239-8505
E-mail: encoalition@iqc.apc.drg
Robert Brenner
Director
Office of Air and Radiation •
Office of Policy Analysis and Review
U.S. Environmental Protection Agency
401 M Street, SW, (MC AR-443)
Washington, DC 20460
Phone: 202-260-5580
Fax: 202-260-9766
E-mail: brenner.rofaert@epamail.epa.gov
-------
-"Special Assistant
M treetS(5101)
ifarewington.dana@epamail.epa.gov
Douglas Brugge
Department of Community Health
School of Medicine
Tufts University
136 Harrison Avenue
Boston, MA 02111
Phone: 617-636-0326
617-636-7417
dbrugge@aol.com
PaujanB£uto" \ \ \'a " \ ,
Region 9
U.S.. Environmentar Protection Agency
E-mail; sue_briggum@wwc.com _
Donald R, Brown
Executive Director
| Communities for a Better Environment
5OO Howard Street, #506 ' .' ,, '_
:=~San Francisco, CA 94105
|(|ii gar} ElSggigcOj CA 94105
Phone: 415-744-1587
415-744-1605
E-mail: bruin.paula@epamail.epa.gov
Floyd Buckskin
Cultural Spokesman
Lake Highlands Defense
Native Coalition for Medicine
Pit River Tribe
P.O. Box 6717
pall River Mills, CA 96028
Phone: 530-336-5165
Region 4
S, Enyjronnii.nlaifep.le.ciion Agency
- E-mail: i not provided
LIStefie^Buik^Z™ \ .„ ', \
Ofj^^of_SlteReme^iation Enjorcemenj
Officeof gnforcementand.Csppliance
Assurance
U.S. Environmental Protection Agency_
Helen Burke
Region 9 ,
U.S, Environmental Protection Agency
75 Hawthprne Street (CMD-4-2)
San Francisco, CA 94105
Phone: 415-744-1126
Fax: 415-744-1173
E-mail: burke.he|en@epamai I.epa.gov
Richard Burton, Jr.
, Stg. iam.gs.Ci'tize.a.FPt Jobs and the
Environment
6664 Highway 44
Convent, LA 70723
'Phoney 504-562-3221
Fax: 504-562-4237
E-mail: rburton@etaal.com
Dollie Bur-well
Co-Chair
Warren County Concerned Citizens Against
;"'PCB '
P.O. Box 254
Warrenton, NC 27589
Phone: 919-758-8800
Fax: 919-758-1021 ;
E-mail: w.burw@aol.com
Lament Byrd
International Brotherhood of Teamsters
25 Louisiana Avenue, NW
20001' _'
Atlanta. 30303
"JXnone: 404-562-9672
401 M Street, SW, (MC 2273 A)
.Washington, DC 20460
ijjojgn.josephine@epamail.ejja.gov
[[[ Fax:
202-564-0091
Chief
Office of Customer Services
'Fax 404-562-8628
E-mail: bulka.estelle@epamail.epa.gov
in nil i n ill ii i ill'i i ill Hi i in in i ii in i ninii iiiiiiiiiiiiiiiiiiiiiiiiiii n in i ii
Robert D. Bullard
Director
Environmental Justice Resource Center
Clark Atlanta University •
•ill lllllllllllllllllllllllllllll Illlllll III Illllll III Kill ' i
223 James P. Brawley Drive, SW
Atlanta, SA 30314
Phone: 404-880-6911
Fax: 404-880-6909
E-mail: ejrc@cau.com
202-624-6960
Fax: 202-624-8740
E-mail: Ifayrd60933@aol.com
Janet Byron
Reporter
Pesticide and Toxic Chemical News
1435 Allston • .
HI || in i iii mi Berkeley, CA 94702
Phone: 510-848-4008
Fax: 510-848-4002
-------
June 1998 N1EJAC Conference
List of Attendees
Page 5
Laura Caballero-Conle
Organizacion en California de Lideras
Campesinas
P.O. Box 53742^ ,
San Jose, CA 95153
Phone: 408-674-3854
Fax: Not Provided
E-mail: Not Provided
Joe Calavita
Intern
U.S. Environmental Protection Agency
81 Ashbury Terrace
San Francisco, CA 94105
Phone: -. 714-664-4363
Fax: Not Provided
E-mail: jcalavit@indiana.edu
Norman Calcro
Environmental Justice Team
Region 9
U.S. Environmental Protection Agency
75 Hawthorne Street .
San Francisco, CA 94105
Phone: 415-744-1586
Fax: Not Provided
E-mail: calero.nprman@epamail.epa.gov
Ephraim Camacho
California Rural Legal Assistance Foundation
(CRLAF) •
2115 Kern Street, Suite 102M
Fresno, CA 93721
Phone: 209-486-6278
Fax: Not Provided
E-mail: Not Provided
Bradley Campbell
Associate Director '
Toxics and Environmental Protection
White House Council on Environmental
Quality
722 Jackson Place, NW
Washington, DC 20503
Phone: 202-395-5750 "
Fax: 202-456-0753 ".
E-mail: Not Provided
Dona Canales
Program Analyst
Office of Air and Radiation
U.S. Environmental Protection Agency
401 M Street, SW, (MC 6202J)
Washington, DC 20460
Phone: 202-564-2210
Fax: 202-565-2078
E-mail: canales.dona@epamail.epa.gov
Robin Cannon
Concerned Citizens of South Central L.A.
4707 South Central Avenue
Los Angeles, CA 90001
Phone: 213-893-8740
Fax: 213-846-2508,
E-mail: _ none
Rose Marie Caraway
Remedial Project Manager
U.S. Environmental Protection Agency
75 Hawthorne Street (SFD 7-2)
San Francisco, CA 94105
Phone: 415-744-2231
Fax: 415-744-2180
E-mail: Not Provided
Harold Carroll
People United for a Better Oakland
(PUEBLO)
1524 41st Avenue
Oakland, CA 94601
Phone: 510-261-4407
Fax: 510-452-2017
E-mail: Not Provided
Astel Cavanaugh
Ecosystem Development
Spirit Lake Nation
P.O. Box 222
St. Michael, ND 58370
Phone: 701-766-4803
Fax: 701-766-4803 '
E-mail: Not Provided
Mary Helen Cervantes-Gross
Chief
Public Outreach Branch
Region 2
U.S. Environmental Protection Agency
290 Broadway
New York, NY 10007
Phone: 212-637-3675
Fax: 212-637-4445
E-mail: cervantes.mary@epamai l.epa.gov
Jeannie Cervera
Assistant Regional Counsel
Region 9
U.S. Environmental Protection Agency
75 Hawthorne Street, 16th Floor
San Francisco, CA 94105-
Phone: 415^744-1395
Fax: 415-744-1041
E-mail: • cervera.jeannie@epamail.epa.gov
Pamela Chaing
Fuerza Unida
710 New Laredo Highway
San Antonio, TX 78211 • , -
Phone: 210-927-2294
Fax: 210-927-2295
E-mail: fuerzaaunid@aol.com
Ursula Chaney
ECO Intern
U.S. Environmental Protection Agency
401 M'Street, SW, (N(C 2201A)
Washington, DC 20460
Phone: 202-564-0157
Fax: 202-56-01-0740
E-mail: chaney.ursula@epamai l.epa.gov
Ana Chapa -
Tall Tree Trailer Park
657 N. Bond
Malaga, CA
Phone: 209-442-3150
Fax: Not Provided
E-mail: Not Provided
-------
June 1998 NEJAC Conference
List of Attendees
•Nil 11 P^ &
• i iiiii iiiii ———
LisaChapa
~ E
HNInkTalltree-niallerF
IIIIIIIIII |i|l|l
Park
i IIIIIIIIII 111 11IIIII IIIIIIIIII ll IIII 111 Fllllillliliillninninni
illllllillllllilllllllillllllllililliillilllllllllllllllllll
657 N, Bond
Malaga. CA
Phone: 209-442-315"0
in n iilnil nn| in n i| n 11 ni|in i i iiiini mi innnliln iiiini i inn nun nil 11 III I ml i mi " n 11 i n i in 11 linn Ii lull 11 n illnlli 11 iliiini nnll in i n n
Carol Christensen
iiiii i niiiiiiiBil i i i
Office of Pollution Prevention and Toxics
U.S. Environmental Protection Agency
401M Street, SW, (MC 7408)
Washington, DC 20460
fax: Not Provided
i&*na!li Not Provided
Deborah Chapman
U.S, Environmental Protection Agency
| = :: , :• 77 West Jackson Boulevard
:=:Sca^riL 65604
~^Pha^ 312-886-4579 (i'
="?S "'' SSsssTSSSS
ffi chapman.deborah@epa.gov
, i ii
Ii; , • i!B^^^^^^
IIIIM^
IlirScnlo,, Stone Chavez
Fax: 202-401-8142 ^
E-mail: christensen.carol@epamail.epa.gov
Angela Chung
Office of the Administrator | ^
U.S. Environmentgl Protection Agency
401M Street, SW, (MC 1101) ,
f1llliilllllllll!l!:iill!!!llll!lll!lllllil1!lllUlllliiliiii^ »» iiwiiiiiii
Washington, DC 20460 : ;
Phone:
, fefeA fttan
(Chief, Grants and Progam Integration Of fie I
U.S. Environmental Protection Agency
75 Hawthorne Street (AIR-8)
San Francisco, CA 94105
Phone: 415-744-1239
i', I1 lllllliil"ii|'i||llllllinilliil II" 'Illn, Ill'f IIIBIIIiillPllillii ( ..................... ......... .................... :>>!,
^one: ............. 214^665-2210 ...............................
Fax: 214-665-7446
E-mail: coleman.sam@epamail.epa.gov
Bob Collin
Governors Environmental Justice
120 Elkay Drive
Eugene, OR 97404
Phone: 541-607-1072
, Fax: i 541-607-1073
l:_ .......... Not Prpyided
i j, lliiilillKilliy;:!!!!!!!!:!! CW,U|pHeM* B *! "T (VH flKSWBt 'PTfWf. faiHllHlB im Jfr 4*1 ii mw S
' ,ff£ lf ;nn i iililiillllEIIUlii | iiiiilnl'1 IpiK'iitl !!|i 'dll L ,| iH |r !<1, lliillliKlil!' I!!! i|i|Kl«lll ;<:;;< iVi 'i| <|i ii,l! < A illllllllllllllliilillil1 illiiiJ1! ILIptff!' I'' Ijil111. ii: II i III'»Ulli
-------
June 1998 NEJAC Conference
List of Attendees
Page 7
Rubin Morris Cbllin
Professor
University of Oregon Law School
120 Elkay Drive
Eugene, OR 97404
Phone: 541-607-1072
Fax: 541-607-1073 -
i
E-mail: rcollin@law.uoregon.edu
Mike Colmenero
Tall Tree Trailer Park
657 Nl Bond
Malaga, CA
Phone; 442-3150
Fax: ' Not Provided
E-mail: Not Provided
Nicole Comtek-Bates
Environmental Protection Specialist
Waste Management Division
.Region 4
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, &A 30303-3104
Phone: 404-562-9966
Fax: 404-562-8628
E-mail: bates.nicole@epamail.epa.gov
Peter Contreras
U.S. Environmental Protection Agency
1200 Sixth Avenue, Ecl-113
Seattle, WA 98101
Phone: 206-553-6708
Fax: 206-553-0124
E-mail: contreras.peter@epamail.epa.gov
Brian Cook
Policy Analyst
Office of Air and Radiation
U.S. Environmental Protection Agency
401 M Street, SW, (MC 6604J) .
Washington, DC 20460
Phone: 202-260-0825 .
Fax: 202-260-0253
E-mail: cook.farian@epamail.epa.gov
Sail Cooper
ORC-1
Region 9 .
U.S. Environmental Protection Agency
75 Hawthorne Street
San Francisco, CA 94105
Phone: 415-744-1367 ...
Fax: 415-744-1041
E-mail: cooper.gail@epamail.epa.gov
Valerie Cooper
U.S. Environmental Protection Agency
75 Hawthorne Street
San Francisco, CA 94105
Phone: 415-744-1237
Fax: 415-744-1076
E-mail: cooper@epamail.epa.gov
Ted Coopwood
Project Leader
Office of Enforcement and Compliance
Assurance
U.S. Environmental Protection Agency
401M Street, SW, (MC 2223A)
Washington, DC 20460 x
Phone: 202-260-3410
Fax: 202-260-4103
E-mail: coopwopd.theodore@epamail.epa.gov
Juanita €uidry Copeland
Arizona Department of Environmental
Quality
3033 North Central Avenue
Cube #1164
Phoenix, AZ 85012-2809
Phone: 602-207-2331
Fax: 602-207-4872
E-mail: Not Provided
Teresa Cordova
Southwest Organizing Project
21110th Street S.W.
Albequerque, NM 87102
Phone: 505-247-8832
Fax: Not Provided
E-mail: tcordova@unm.edu
Frank Coss
President ,
COTXCAM
Comite Timbn Calidad Ambiental de Manati
P.O. Box 1459
Manati, PR 00674
Phone: 787-884-0212
Fax: 787-854-5756
E-mail: not provided
lohany Coss-Andkhoie
Polite Service Agency
1000 South Broad Street
Trenton, NJ 08611
Phone: 609-396-7624
Fax: Not Provided
E-mail: Not Provided
Joseph Cotton
69th through 73rd'Neighborhood
Association
1235 72nd Avenue
Oakland, CA 94621
Phone: 510-635-6633
Fax: Not Provided
E-mail: Not Provided
Michael Cruise
Center on Race, Poverty & Environment
(CRPE)
631 Howard Street
Suite 330
San Francisco, CA 94105
Phone: 415-495-8990
Fax: 415-4958849
E-mail: Not Provided
Clydia J. Cuykendall
General Counsel
Star Enterprise (Texaco/Saudi Ardmco)
12700 North Borough Drive, Room 664
Houston, TX 77067-2508
Phone: 281-874-3820
Fax: 281-874-7041
E-mail: cuykecj@starent.com
-------
June1998
Cist
, _ , , Flora iiiraceDozie
Peopje Organizing to Demand Environmental
Environmental Engineer
., Environmental Protectiori
:75' Hawthorne,,, Street (AIR-'i
••••••i «••»,»
484 Lake Park Avenue #442
galjlarjd, CA 94610-2730
mass.
, , Fox.
E-mail:
Not^rovided
Not Provided
E-mail: poder@igc.org
Nancy Draper
. DiBartolomeis
California Office of Environmental Health
tal Protection Specialist
I fiffl«on9.
| ....... OS: ..... FnvTronrnenlarrVbt
avvthorne Street
• ill
..... crancjs,£o, CA 94105
Hazard Assessment
2151 Berkeley Way, Annex 11, Room 721
gerReTeyTCA 94704
"PKone: g|Q:g50':2665
510-540-3063
. ............ , ......... Njgjvpprt News Waterworks .......
2600 Washington Avenue
6th Floor
Newport News, VA 23607
, ................................. SHOOK. ............ 757-247-8470
BSXL ........................... 757-247-2424
i , , £g£tt2JB&
E-maik c!avis.angela@epamail.epa.gov
T-vnoiJ: mdibarto@Eierkeiey.cahwnet.gov
Office of Solid Waste and Emergency
111II 111 II IIIIIIH Illllllll
Soverjment Affairs
11111 ill 11 ill in ill i ill i iiiiiii Hi
jj^f S2§ iye.Street SuitelOSONW
' " 20006
'-3420
1H^
'202^429-3467
OISI Environmental Protection Agency
'!l?OT"M""StreetI .....
;:"Wasfiingfon~ ..... DC ......... 20460
'Phone: 202-260-4610
I ill ill i iiiiiiii i iiiiiii Illlllllll iiiiiii i ill
ndraper@ci.newport-news.va.us
Richard T. Drury
-isss Legal Director
Communities for a Better Environment
500 Howard Street, Suite 506
San Francisco, CA 94105
Phone: 415-243-8373
Fox: 415-243-8930
E-mail: cbelegal@igc.apc.org
Dcschamboult
i
ijvjronmentalScientist
iliilN
'Fax: Not Provided
"E-mail: dickerson.richard@epamail.epa.gov ' pelbert DuBois
jjjjjJHigggi
=our Mile Hibernian Community Association,
Inc.
snvironr^ental Prptection Agency
awnijorne Street
San Francisco, CA 94105
Fax: 415-744-1073
People United for a Better Oakland
:132 East'" 12th Street
Oakland, CA 94606
Phone: 510-452-2010
•- ' = • f- '; ":;i ' • ':: ;: Fax: 510-452-2017
E-mail: Not Provided
2025 Four Mile Lane
Charleston, SC 29405
Phone: 803-853-4548
Fax: 803-792-3757
E-mail: Not Provided
•
rest County Toxic Coalition
Welfare Rights Organization
396 South Street
Richmond, CA 94804
nforcefnent and Comgliance
I -^^r ..... :Ct,S. Envi'roHmenf a| Protect ion Agency
I ....... :: ................ :;; ...... ...... ffiA,,St!:|fit sw, (MC 22,43A]
................................................ .......... .........................................
Phone:
Fax:
"E-mail:
510-236-4234
Not Provided
Not Provided
African American Development Association,
Inc.
1235 Peralta Street
Oak|and,t CA 94607
Phone: 510-452-2929
Fax: 510-452-0263
E-mail: Not Provided
, liinllill^'qiilililllliii
„„ .,,,.;„• , l|nihl|l ¥n i\v B alii Dfjiiiii,
iiM^^
, .
s!!H ' I'
-------
June 1998 NEJAC Conference
List of Attendees
Page 9
Gina Edwards
Region 9
Office of Civil Rights
U.S. Environmental Protection Agency
75 Hawthorne Street
San Francisco, CA 94105
-------
June 1998 NEJAC Conference , ||>H , i , ,t , , >>;|, ; , ,, „ ,
Aftengess
age' 10"
lia^^^^^ . IlilH^^^^^ I - • ni
Environnjgntaj Defgnse.Fund
5655 College Avenue #304
*
I \ \ Baton Bouge.jLA 70884 Phone: . 510-658-8008
'E-mail: fit29erald.shannon@epamail.epa.gov Phone: 504^765-0735 pax: 510-658-0630
- Fax: 504-765-q746 . E.maii: robert_garcia@edf.org
E-mail: jim_f@deq.state.la.us
, Kesner flores
Corf ?na Jndlan ISancKena
916-726-7118
University of Cincinnati
7300 Aracoma Forest Drive
, , , Environmental Attorney
YEUANI
JUySj. Environmental ProtectionAgency
75 Hawthorne Street
513-556-0208
illllH^^^^
E-mail: jan.fritz@uc.edu
Nicole Fuller
Blvd. Diaz Ordaz 4900-A
!! ! (, i
..LosPinos
lyuana, 22680
Phone: 011-52-66-863244
Fax: 011-52-66-863244
E-mail: cgarcia@icanet.com.mx
San Francisco, CA 94105
Moat Youth Academy
E-maik Not Provided
El ..... Sobrante.^CA .......... 94803
Phone: 510-222-6594
Linda Sarczynski
Director : , .........
Outreach and Special Projects Staff
....................... QflJcg.of ..... Solid JA/as.te.and Emergency
'
[[[ U-S- .Environmental Protection Agency
iSi M Street, SW, (MC 5101)
ErglgcJignAgency
Moat Youth Academy
,^g_kgg—^ 2Ujte E
|!£!9!!MaB .EraMsfip. CA 94105
El Sobrante, CA
Washington, DC 20460
: , PhoML 202-260-4039
- - ;:;::: , , ;;:,= Fax: 202-260-6606
£ Washington State Senate
itsl
Phone:
S »™*L. , , : S^S™ ^^=r:, - =::,„ , ::! .,-. .-. -r. -jEflB^ garczynski.linda@epamail.epa.gov
Mike Gardner
Restore Lake Davis Con
.
Lake Davis Citizens Coalition
P.O. Box £08
Sraeagle, CA 96103
Phone: 530-836-1914
Fax: 530-832-0884
, E-mail: gumbas@psln.com
510-222-6594
510-222-8491
uller@igc.org
744-1332
Not Provided
Not Provided
98504-0482
360-786-7656
360-786-7524
Organizing Director
Urban Habitat Program
Earth Island Institute
2263 41st Avenue
Oakland, CA 94601
Phone: 415-561-3332
liiksSiS, Pflarcia@igcjape.org-
Clarice Saylord
'^^2 g^^- ^|ron;kRn^^@(eg.wa.gjov Fax: 415-561-3334 Special Assistant.to the Regional
" ! ! '~ "' ""' Administrator
San Diego Border Office
:Region 9 ' ' , , ,
T-r '•i U,S. .Environmental_Protection Agency ^
! ''.lO.VI/est Asi StrgSt- Suite 703
"'
'-ma: gayordcarice@epamai.epa.gov
(is; irerm
-------
June 1998 NEJAC Conference
List of Attendees
Page 11
Elliott Gilberg
Director, Chemical, Commercial Services,
and Municipal Division
Office of Compliance
Office of Enforcement and Compliance
Assurance
U.S. Environmental Protection Agency .
401M Street, SW, (MC 2224A)
Washington, DC 20460
Phone: Not Provided
Fax: 202-564-0009
E-mail: gilberg.elliott@epamail.epa.gov
Marty Gilles
Richmond Refinery
Chevron
Oakland, CA
Phone: 510-242-1400
Fax:, Not Provided
E-mail: Not Provided
Beth Godfrey
U.S. Environmental Protection Agency
75 Hawthorne Street
10th Floor, M/S .WST-7
San Francisco, CA 94105
Phone: 415-744-2095
Fax: 415-744-1044
E-mail: godfrey.beth@epamai I .epa.gov
George Godfrey
Haskell Indian Nations University
155 Indian Avenue
Lawrence, KS 66046
Phone: 785-749-8428
Fax: 785-832-6613
E-mail: ggodfrey@rossl.cc.haskell.edu
Daniel Gogal
Office, of Environmental Justice
Office of Enforcement and Compliance
Assurance
U.S. Environmental Protection Agency
401 M Street, SW, (MC 2201A)
Washington, DC 20460
Phone: 202-564-2576
Fax: 202-501-0740
E-mail: gogal.danny@epamail.epa.gov
Renee Gains
Environmental Protection Specialist
Office, of Environmental Justice
Office of Enforcement and Compliance
Assurance
U.S. Environmental Protection Agency
401 M Street, SW, (MC 2201A)
Washington, DC 20460
Phone: 202-564-2598
Fax: -202-501-0740
E-mail: goins.renee@epamail.epa.gov
Tom Goldtooth
Indigenous Environmental Network
P.O. Box 485.
Bemidji,MN 56619-0485
Phone: 218-751-4967
Fax: 218-751-0561
E-mail: ien@apc.ipc.org'
Ann Goode
Director
Office of Civil Rights
. U.S. Environmental Protection Agency
401 M Street, SW, (MC 1201)
Washington, DC 20460
Phone: Not Provided
Fax: Not Provided
E-mail: goode.ann@epamail.epa.gov
Richard Gragg -
--Assistant Professor
Center for Environmental Equity and Justice
Environmental Sciences Institute
1520 South Branough Street
Tallahassee, FL 32307
Phone: 850-599-8549
Fax: 850-561-2248
E-mail: rdgragg@aol.com
Wendy Graham
Office of International Activities
U.S. Environmental Protection Agency
401 M Street, SW, (MC 2610R)
Washington, DC 20460
Phone: 202-564-6602
Fax: 202-565-2407;
E-mail: graham.wendy©epamai l.epa.gov
Running Grass
Environmental Specialist
Region 9
U.S. Environmental Protection Agency
75 Hawthorne Street
San Francisco, CA 94105
Phone: 415-744-1205
Fax: Not Provided
E-mail: Not Provided
Mike Green
Center for Environmental Health
965 Mission Street, # 218
San Francisco, CA 94103
Phone: 415-974-5028
Fax: 415-777-3443
E-mail: cehgreen@igc.org
Kasia Grisso
653 62nd Street #2
Oakland, CA 94609
Phone: 510-655-9820
Fax: 510-655-9820
E-mail: kasia.griss@pobox.com
Richard Grow
U.S. Environmental Protection Agency
75 Hawthorne Street
San Francisco, CA 94105
Phone: 415-744-1203
Fax: 415-744-1070
E-mail: Not Provided'
Beth Hailstock
Director
Environmental Justice Center
Cincinnati Health Department
3101 Burnet Avenue
Cincinnati, OH 45229
Phone: 513-357-7206
Fax: 513-357-7290
E-mail: not provided
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: 202-401-8142
E-mail:, hall.loren@epamail.epa.gov
-------
ii ££9 ........ !SA£ ...... gffifews [[[ • [[[
12
HowiM
' 75 Hawthorne, Street (MC SFD8A)
|:«
Diamond Bar, CA 91765
?,0i-3§6:3661 :
§Q9_r3§6-,3335
E-mail- whastings@aqmd.gov
Melva J. Hayden
i n ' i • »
Environmental Justice Coordinator
Office of the Regional Administrator
Region 2
i. Environmental Protection Agency
-------
June 1998 NEJAC Conference
List of Attendees
Page 13
Karen Y. Henry
Environmental Chemist
Environmental Justice Team
Region 9
U.S. Environmental Protection Agency
75 Hawthorne Street (CMD-6)
San Francisco, CA 94105
Phone: 415-744-1581
Fax: 415-744-1598
E-mail: henry.karen@epamail.epa.gov
Sonja Herbert
Environmental Health Researcher
The Hesperian Foundation
2223 Marin Avenue
Berkely, CA 94707
Phone: 510-845-1447 , '
Fax: Not Provided
E-mail: Not Provided
Steven A. Herman
Assistant Administrator .
Office of Enforcement and Compliance
Assurance
U.S. Environmental Protection Agency
401 M Street, SW, (MC 2201A)
Washington, DC 20460
Phone: 202-564-2440
Fax: 202-501-3842
E-mail: herman.steven@epamail.epa.gov
Angeles Herrera
Region 9
U.S. Environmental Protection Agency
75 Hawthorne Street, SFD-3
San Francisco, CA 94105
Phone: 415-744-2185 '""
Fax: 415-74471796
E-mail: herrera.angeles@epamail.epa.gov
Peter Hess
Deputy Air Pollution Control Office
Bay Area Air Quality Management District
939 Ellis
San Francisco, CA 94109
Phone: 415-749-4971
Fax: .415-928-8560
E-mail: phess@baaqmd.gov
Grace L. He well, Ed. D.
Coordinator . _ .
West Alton Park Neighborhood Association
807 West 40th Street
Chattanooga, TN 37410
Phone: 423-821-7286
Fax: 423-267-7696 ~ t
E-mail: Not Provided
James D. Hill
Legal Counsel
Klamath Tribe
P.O. Box 436
Chiloquin, OR 97624
Phone: 541-783-2218 .
Fax: 541-783-2029
E-mail: jhill@cvc.net
Jeff Hobson
Contra Costa County Health Services
4333 Pacheco Boulevard
Martinez,"CA 94553
Phone: 925-646-2286
Fax: 925-646-2073
E-mail: jhobson@hsd.co.contra-costa.ca.us
Brian Holtzclaw
Region 4
• U.S. Environmental Protection Agency
345 Courtland Street, NE •
Atlanta, GA 30365
Phone: 404-347-3555
Fax: 404-347-3058 .-.
E-mail: holtzclaw.brian@epamail.epa.gov
Art Horowitz
Program Analyst
Office of Enforcement and Compliance
Assurance
U.S. Environmental Protection Agency
401 M Street, SW, (MC 2201A)
Washington, DC 20460
Phone: 202-564-2612
Fax: 202-501-0284
E-mail: horowitz.arthur@epa.gov
Ken Israels
Region 9
U.S. Environmental Protection Agency
75 Hawthorne Street
San Francisco, CA 94105
Phone: 415-744-1194
Fax: 415-744-1076
E-mail: israels.ken@epamail.epa.gov
Sarah James
Tribal Member
Council of Aphabascan Tribal Governments
P.O. Box 51
Artie Village, AK 99722
Phone: 907-587-5315
Fax: 907-587-5900
E-mail: not provided
Sharon Jang
U.S. Environmental Protection Agency
75 Hawthorne Street (CSR 3-1)
San Francisco, CA 94105
Phone:. 415-744-1593
Fax: 415-744-1605
E-mail: jang.sharon@epamail.epa.gov
Annabelle E. Jaramillo
Citizens' Representative
Off ice of the Governor
State of Oregon
160 State Capitol
Salem, OR 97310
Phone: 503-378-5116
Fax: 503-378-6827
E-mail: annabelle.e.jaramillo@state.or,us ,
David M. Johnson
Committee for Environmental Justice Action
3859 Bay Street
San Antonio, TX 78237
Phone: 210-433-2867
Fax: 210-533-3888
E-mail: Not Provided
-------
1998 NEJAC Conference
pf Attendees
Karta Johnson
Tofai Jones
|'^i!S'BBS^£§.QS€£^l^!^-c£ B??!ona' Tffni _ Special Assistant
California Department of Pesticide
Regulation
1020 N Street Room 100
Sacramento, CA
.Phone: 916-445-3931
Fax: 916-324-1452
E-Mail! tjones@cdfr.ca.gov
~!^S^L 0IB7 Environmental Protection Agency
___^_^._._£ gpgQ4
!fi£!|2£I^=599Jr^
^^Sf™^l^a8fc2H7
E-mail: johnson.karla@epamail.epa.gov
Kathleen Johnson
ssHHBtQBfi-i "
" Region 9.
0,S. Environmental Protection Agency
I '^^^ ZSJioKthorae Street (MC ORC-3)
gaguel Jumpnville
Radian International LLC
8550 United Plaza Boulevard , Suite 601
^BatonRouge,LA 70809
Phone: 504-231-5739
Fax: 504-922-4451,.
E-mail: raqueLjumonville@radian.com
San Francisco, CA 94105
415-744-1041
f/t kathjggp.johnson@epa.gov.com
Bobbie Kahan
Brownf ields Coordinator
Region 9
lllllllllilllllllillKillll III 111
HelenKavanagh
Public Health Analyst'
Bureau of Primary Health
Office of Minority and Women's Health
Care ;
4350 East West Highway, Third Floor
Bethesda,MD 20814
,PhomL301-594-0815
Fax: 301-594-0089
E-mail: Not Provided
Lillian V. Kawasaki
• .Genera] Manager
Department of Environmental Affairs
City of Los Angeles
2Q1 North Figueroa, Suite 200
Los Angeles, CA 90012
Phone: 213-580-1045
Fax: 213-580-1084
E-mail: lkawasak@ead.ci.la.ca.us
'•"•' " "Knny'3foia
: U.S. Martne^rgs, Barstow
i;* i 19185 Corwin Road
g||jee o| §n|orcemenf an{j Compliance
Assurance
U.S. Environmental Protection Agency
75 Hawthorne Street, H-l-S
San Francisco, CA 94105
Phone: 415-744-2191
Fax: f Not Provided
E-mail: Not Provided
Greg Karros
Communities for a Better Environment
500 Howard Street, Suite 506
San Francisco, CA 94105
Phone: 415-243-8373
Fax: 415-243-8980
MUSH:, sfeSSf@J9c.org
Kirnberjy Kauer
Inside Cal
Marcic ...... Keeyer [[[
Center on Race, Poverty & Environment
(CRPE)
631 Howard Street
iiiiiiiii',ii:iiiiiiiiiiiiiniiiiiiiiiiii I'liiiiiiiiSiii'1 iB':iii'ii*'iiiiiiii5»iiiiiiiiiiiiii'!i ..... :«i I *" » i nun iiiiiiiiiiiiiini i in niiiiiiiiiiipii niniinn
Suite 330
San_ Francisco'j CA ........... 94105
Phone: ............. 415-895-8290
E-mail: Not Provided
0,S. Environmental Protection Agency
210 San Luis Way
: Jifeygio/CA" 94945
Phone: 415-892-8197 ext. 415-892"-
IS9^^ Environmental Scientist, Trainee
•'• "D'S1! Environmental Protection Agency
tree? -
Joyce Kelly
Environmental Justice Program Manager
Region 10
U.S. Environmental Protection Agency
:;.„, JgSQJfclh AvsHMe, 01-085
, , Seattle, WA 98101
, ; , =mPhj?ne:, 2Q6-553-4Q29 •
Fax: 206-553-8338
E-mail: kelly.joyce@epamail.epa.gov
Danny Kennedy
Project Underground
1847 Berkeley Way
Jsrkejev. CA 94703
PMSOB-. H0r705-8981
.;: .fee 510^705-8983
-------
June 1998 NEJAC Conference
List of Attendees
Page 15
Jeff Keohane
Attorney Advisor
Office of the General Counsel
U.S. Environmental Protection Agency
401 M Street, SW, (MC 2322)
Washington, DC 20460 ,
Phone: 202-260-5314
Fax: 202-260-8392
E-mail: keohane.geffrey@epamail.epa.gov
Willie Keyes
West Oakland Neighbors
1223 34th Street, Suite 3000
Oakland, CA 94608
Phone: 510-601-0928
Fax: Not Provided
E-mail: Not Provided
Caroline King
435 Vernon Street
Oakland, CA 94610
Phone: 510-208-2869
Fax: Not Provided
E-mail: cking@wesleyan.edu
Marva E. King'
Office of Environmental Justice
Office of Enforcement and Compliance
Assurance'
U.S. Environmental Protection Agency
401M Street, SW, (MC 2201A)
Washington, DC 20460
Phone: 202-564-2599
Fax: 202-501-0740
E-mail: king.marva@epamail.epa.gov
Michelle W. King
Office of Environmental Justice
Office of Enforcement and Compliance
Assurance
U.S. Environmental Protection Agency
401 M Street, SW, (MC 2201A)
Washington, DC 20460
Phone: 202-564-4287
Fax: 202-501-0740
E-mail: king.michelle-w@epamail.epa.gov
Toshia King
Environmental Protection Assistant
U.S. Environmental Protection Agency
401 M Street, SW^ (MC 5303W)
Washington, DC 20460 "
Phone: 703-308-7033
Fax: . 703-308-8617
E-mail: king.toshia@epamail.epa.gov
Monica Kirk
Region 10
U.S. Environmental Protection Agency
1200 Sixth Avenue
Portland, Oft 98101
Phone: 503-326-3269
Fax: 503-326-3399
/
E-mail: kirk.monica@epamail.epa.gov
Meridith Jane Klein
Senior Environmental Analyst
Pillsbury Madison & Sutro
P.O. Box 7880
San Francisco, CA 94120
Phone: 415-983-1888
Fax: 415-983-1200
E-mail: klein_mj@pillsburylaw.com
Robert Knox
Acting Director
Office of Environmental Justice
Office of Enforcement and Compliance
Assurance
U;S. Environmental Protection Agency
401 M Street, SW, (MC 2201A)
Washington, DC 20460
Phone: 202-564-2515
Fax: 202-501-0740
E-mail: knox.robert@epamail.epa.gov
Carl Kohnert
U.S. Environmental Protection Agency
Region 9
75 Hawthorne Street
San Francisco, CA 94115
Phone: 415-744-1643
Fax: 415-744-1678
E-mail: -kohnert.carl@epamail.epa.gov
Bonnie Koo '
People United for a Better Oakland
132 East 12th Street
Oakland, CA 94606
Phone: 510-452-2010
Fax: 510-452-2017
E-mail: peopleunited@igc.org
Robert R. Kuehn
Professor
Tulane University Law School
6329 Freret Street
New Orleans, LA 70118
Phone: 504-862-8813
Fax: 504-862-8721
E-mail: Not Provided
Catherine Kuhlman
Water Division ,
U.S. Environmental Protection Agency
75 Hawthorne Street
San Francisco, CA 94105
Phone: 415-744-2125
Fax: 415-744-1235
E-mail: Not Provided
Robert N Kwong
District Counsel
Bay Area Air Quality Management District
939 Ellis Street
San Francisco, CA 94109
Phone: 415-749-4750
Fax: 415-749-5103
E-mail: rkwong@baaqmd.gov
Brad Lambert
Harris DeVille & Associates, Inc.
307 France Street
Baton Rouge, LA 70802
Phone: 504-344-0381
Fax: - 504-336-0211
E-mail: blambert@hdaissues.com
-------
June 1998 NEJAC Conference
.Ustiof, 'Attendees
'
Katny Landry
,Mg,mie| Leal
•m, Worker
M.c.
"CLEAN,
4666 South Boudoin Road
Sulphur, LA 70663
, Sanger,CA 93657
"flfevTe: 209^875-8717
Not Provided
: fcM PfSvided
318-5834740
cleannow@yahoo.com
Sylvia Ledesma
Southwest Network for Environmental and
Economic Justice
Ephraim Leon-Guerrero
Sroyndwgfer Office
U.S. Environmental protection Agency
; , Z§ HSffithorne Street, WTR-9
San Francisco, CA 94105
Phone: 415-744-1832
Fax: 415-744-1235
E-mail: leon-
guerrero.ephraim@epamail.epa.gov
yjjj Ljig Leung
IIM^^^
P.O. Box 7399
s, NM 87194
Executive Director
Asjgns.and ,P,gcifj,£,,,Isja,,nders of
Reproductive Health
310 SthStreet jftJOQ :
Qakjand, CA 94607
\ E-mail: alex@saej.org
Director of Research
iSsissSsiiSiSZSiSfiiJWOTSsion on Racial Justice
: 5ig:268r,8181
^SSSlL yi8n@apirh.org
' ! T^Tlnnes Awnue"
U nited Church_of .Christ, ................................. ; .........................
,475 ..... Riverside Drive, 16th Floor
New Vork, NY 10015
Gerald ,,Leyy
Deputy Director
Region 1
::"Sa'i,f rancisco, CA 94124
tectipn Agency
Phone: 216-861-4545
David Leggins
Truck Driver
Teamsters
si2!itt stcssl
Benicia, CA
707-748-4263
I in nil in
ii
316861-6727
E-mail: mlatting@yahoo.com
People United for a Better Oakland
E-maili rNot,,,,ProvJded
Suzette
Attgrney
[ ,1 ......................... 1 ....................... (PUEBLO)
I 1 _ II U HI •IIIIHIIIIIIIIII I II Illlllllllllllll HI lllllllllllllH^^^^^^^^^^
I ll!'11 'iP ............. ?053 Rosedale Avenue ,
Oakland, CA 94601
Phone; 510-261-4407
fa* 510-452-2017
EtnaH; Not Provided
iiiii iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii iiiiiii in
U.S. Environmental Prptection.Agency
75 Hawthorne Street
San f.ra,ncisco, CA 94105
Phone: 415-744-1373
•Fax: 415-744-1041
eith.su2ette@epamail.epa.gov
JFK Fedega] gujjdjfig
Boston, MA 02203
Phone: 617-565-3450
Fax: 617-565:4111
E-mail: Not Provided
IlllllllilUliilllillllllillllllhllllllUilhlPilllllllllllllllllrillll'''!!!!!!!!!!!!!:!!!!!!!!!!!!!!!.:1
Stevgn Levy
Office of Solid Waste
y,.S. Environnjental Protection Agency
401M Street, SW, (MC 5306 W)
Washington, DC 20460
Phone: 703-308-7267
Fax: 703-308-8686
E-mail: levy.steve@epamail.epa.gov
Lori Lewis
Environmental Justice Coordinator
Region 9
U.S. Environmental Protection Agency
75 Hawthorne Street
San Fransisco, CA 94105
i
nefl
-------
June 1998 NE-JAC Conference
List of Attendees
Page 17
Benjamin Lim
Chemist
Office of Prevention, Pesticides, and Toxic
Substances
U.S. Environmental Protection Agency
401 M Street, SW, (MC 7404)
Washington, DC 20460
Phone: 202-260-1509
Fax: 202-260-3453
E-mail: lim.benjamin@epamail.epa;gov
Maureen Guddalupe Lim-Esparza
International-Indian Treaty Council •
2176B Ashby Avenue
Berkeley, CA 94705
Phone: 510-540-1089
Fax: - Not Provided
E-mail: xicalupe@uclink4.berkely.edu
Sylvia Liu
Attorney
Environment and Natural Resources Division
U.S. Department of Justice
P.O. Box 4390
Ben Franklin Station
Washington, DC 20530
Phone: 202-305-0639
Fax: 202-514-4231
E-mail: sylvia.liu@justice.usdoj.gov
Karleen Lloyd
People United for a Better Oakland
(PUEBLO)
132 East 12th Avenue
Oakland, CA 94606
Phone: 510-452-2010
Fax: 510-452-5017
E-mail: Not Provided
Rachel Loftin
Superfund Bivision
Region9
U.S. Environmental Protection Agency
75 Hawthorne Street, SFD-5
San Francisco, CA 94105
Phone: 415-744-2347
Fax: 415-744-1916
E-mail: loftin.rachel@epamail.epa.gov
Harold Logwood
Oakland/East Bay Minority Business
Opportunity Committee
3007 Kingsland Avenue
Oakland, CA 94619
Phone: 510-436-0927
Fax: Not Provided
E-mail: Not Provided
Penh S. Loh
Deputy Assistant Administrator
Alternatives for Community and Environment
234S Washington Street, 2nd Floor
Roxbury, MA 02119
Phone: 617-442-3343 .
Fax: 617-442-2425
E-mail: psloh@ix.netcom.com
Lehua Lopez
Puna Malama Pono
P.O. Box 941
Hilo, HI 96721
Phone: 808-933-1641
Fax: 808-933-1641
E-mail: Not Provided
Steve Lopez
Spokesperson
Ft. Mojave
500 Merriman Avenue
Needles, CA 92636
Phone: 760-629-4591
Fax: 760-629-2468
E-mail: Not Provided
Sylvia Lowrance
Deputy Administrator
Office of Enforcement and Compliance
• Assurance
U.S. Environmental Protection Agency
401 M Street, SW,, (MC 2101A)
Washington, DC 20460
Phone: 202-260-7960
Fax: 202-501-3842
E-mail: lowrance.sylvia@epamail.epa.gov
Scth Lubega
Director UNCF/PEJER Srant ,
Department of Biological Sciences
Oakwood College
- Oakwood College
Huntsville, AL 35896
Phone: 205-726-7059
Fax: 205-726-7476
E-mail: Not Provided
Patrick Lynch
Clearwater Revival Company
305 Spruce Street
Alameda,CA 94501
Phone: 510-522-2165
Fax: 510-522-8520
E-mail: clearhzorev@earthlink.net
Robert Lyttle
Red Rock Foundation
P.O. Box 2800-312
Carefree, AZ 85377
Phone: 602-488-5027
Fax: 602-488-7453 .
E-mail: Not Provided
Enrique Manzanilla
Region 9
U.S. EnvironmentalProtection Agency
75 Hawthorne Street, CMD - 1- .
San Francisco, CA 94105
Phone: 415-744-1585
Fax: 415-744-1598
E-mail: manzanilla.enriaue@epamail.epa.gov
Felicia Marcus
Regional Administrator
Region 9 _
U.S. Environmental Protection Agency
75 Hawthorne Street
San Francisco, CA 94105
Phone: Not Provided
Fax: Not Provided
E-mail: marcus.felicia@epamai Lepa.gov
-------
Marietta Mares
•coplefor Clean Air and Water
i ii C
I P.O. Box 262
Lawrence Martin
Office of Research and Development
111 llllliillHlliJllllliilliilllillllilillllllJIIIllllllllllllillNi'llJillilllllilllllllilllllllllIIIIII'llllllllllinillllpllllllUlllllllllillllllllllllllllllllllllllllllluilllilJIpill llllll'lllll1 * >
U.S. Environmental Protection Agency
ot,,Proyided , ; Phonei 202-564=6491 , '. '
Mary Lou' Mares
People for Clean Air and Water
l^ fora fI A\re. y Agua LJmpio
202-564-2926
rwrtin.lawrence@epamail.epa.gov
Rick Martin
Director Information Management Division
| Resources
CA 93239
415-495-88/J9
Not Provided
Management
U.S. Environmental Protection Agency
: 310?)
Washington, DC 20460
ilH^^^^^^^^^^^^^^^^^
va^Margand y^g 202-401-8390
t!£D. s,fi?£'°§5t , E-mail: , martin.rick@epa.gov
Office, at Solid Waste/PSPb
OJfjeeof Sjljd Waste and, .Emergency
Response
' \ ' U.S. Environmental Protection, Agency
:A(MC5303W)
Nancy Mayer
Environmental, Engineer
Office of Air Quality Planning and Standard I
frstection Agency
n Mg-15
Research Triangle Park, NC 27711
Fax: 919-541-0839
E-mail: mayer.nancy@epamail.epa.gov
Barb McAllister
Director, .Office, For, Innovation
Region 10
, U-S. Environmental Protection Agency
1200 Sixth Avenue
---.Seattle, WA 98101 ,
Phone: 206-553-6707
Fax: 206-553-8338
E-mail: mcallisterbarbara@epa.gov
Washington, DC 20460
Phone; 703-605-0633
103-308=8617
w//' rw^nd.freyagepa^mail.epa.gov
Carol Marshall
-'^^ fflanager
IKIIIIII'IMI'lllMililll pill:1
Nancy Marvel
Regional Counsel
Region 9
U.S. Environmental Protection Agency
75 Hawthorne Street , '
Spa,,Fjanc,is;co, CA 94105 ^
~P~hei& 4-Jg:^:i3£4 ' ' ' ; "
Fax: 415-744-1081
marvel.nancy@epamail.epa.gov
Carmen Maso
Andrew McBride
Assistant Secretary for Health
Department of Health and Human Services
State of North Carolina
101 Blair Drive
lox,2§526 ,
Raleigh, NC 27626-0526
Phone: 919-733-4392
Fax: 919-715-4645
E-mail: amcbride@dhr.state.nc.us
.^ufty SIS Analyst ; _ Mildred McClain
Texas Natural Resource Conservation
Commission
P,O, Box 13087 (MC108)
Austin, TX 78711
Phone: 512-239-3612
U.S. Environmental Protection, Agency
75 Hawthorne Street
San Francisco, CA 94105
Phone: 415-744-1750
..Fax:,, 415-744=1474 ,: , Phone:
E-mail:^ iiiimasofcairge-n@epamai I.epa.gov
MacsML
Qf f ice of Air Quality Planning and Standards
i, Environmental EEotection Agency
MD-15
Research Triangle Park, NC 27711
j. I23°,n,2£2i2,!, EE2i3—Si.!*.!?,"?! , £hp,ne: 919-541-5312
919-541-0072
maxwell.doris@epamail.epa.gov
Executive Director
Citizens for Environmental Justice
1115 Habersham Street
Savannah", GA 31401
912-233-0907
912-233-5105
E-mail: cfej@bellsouth.network
Catherine McCracken
Office of Community Involvement
Region 9
U.S. Environmental Protection Agency
75 Hawthorne Street
Superf uhd Division, SFD-3
San Francisco, CA 94105
Phone: 415-744-2182
I?^*"" E-mail: mccracken.catherine@epamail.epa.
lilM iifiin^^^^^^^^^ ' • i
JM i> I ' i " 1 1 !» ( * S ' lb 1> ' • ,:> l). i!i;l KM
!B^^^^^^^^^^^^^^^^^^^^^^^^^ mis iapaiKKn nmuRi >«•» w • V; *• '•• • • '•* te "
HIP inj' < n'lji imiii iignhiiii'iii iniiiuinniLiniannnnnniiiii IBIS iiirrHi'iiiiicj'f i11!1 ilnnnuiin«.. 111; Hi'iiiiKis PHini.^iPnii'i1"1;*! HiiiiDPiiinniiiiPiinnPnn hujjini
-------
June 1998 WETXc* Conference.
List of Attendees
Page 19
Sandy McSunegill
Hesperian Foundation
1029 Cornell Avenue
Albany, CA 94706
Phone: 510-526-1317
Fax: Not Provided
E-mail: jcaetano@ige.org
Cynthia Metcalf
Internship Program Coordinator
The Environmental Careers Organization
381 Bush Street, Suite 700
San Francisco, CA 94110
Phone: 415-362-5552 ext. 174
Fax: 415-362-5559
E-mail: cmetcalf@eco.org
Dan Meza
Tribal Government Coordinator
Forest Service/MODOC NF
U.S. Department of Agriculture
800 W. 12th Street
Alturas.CA 96101
Phone: 530-233-8854
Fax: Not Provided
E-mail: Not Provided
Robin Michael
General Litigation Section
Environment and Natural Resources Division
U.S. Department of Justice
601 Pennsylvania Avenue, NW
Washington, DC 20004
Phone: 202-305-0475
Fax: 202-305-0267
E-mail: Not Provided
Charles Miller •
Law Offices of Charles M. Miller
225 Bush Street, 16th Floor
San Francisco, CA 94104
Phone: 415-439-8358
Fax: 415-439-8359
E-mail: cms@charles-m-miller-aty.com
Vcrnicc Miller
Director
Environmental Justice Initiative
Natural Resources Defense Council
40 West 20th Street
New York, NY 10011
Phone: 212-727-4461
Fax: 212-727-1773
E-mail: vmiller@nrdc.org
Robert C. Mills
Attorney .
U.S. Department of H.U.D.
450 Golden Gate Avenue
Box 36003
San Francisco, CA 94102
Phone: 415-436-8226
Fax: 415-436-6471
E-mail: robert_c._mills@hud.gov
Marsha Minter
BRAC Regional Coordinator
Federal Facilities Restoration and Reuse
Office
U.S. Environmental Protection Agency
401 M Street, SW, (MC 5101)
Washington, DC 20460
Phone: 202-260-6626
Fax: 202-260-5646 ,
E-mail: minter.marsha@epamail.epq.gov
Patty Monahan
Community Right-To-Know
U.S. Environmental Protection Agency
75 Hawthorne Street
San Francisco, CA 94105
Phone: 415-744-1109
Fax: Not Provided
E-mail- manahan.patty@epamail.epa.gov
Richard Monette
Law Professor,
University of Wisconsin Law School
Bascom Mai!
Madison, WI 53706
Phone: 608-263-7409
Fax: 608-262-5485
E-mail: rmonette@facstaff.wisc.edu
Michael Montgomery
Section Chief . .
Region 9 ' ...
U.S. Environmental Protection Agency
75 Hawthorne Street
San Francisco, CA 94105
Phone: 415-744-2362 ' . -
Fax: 415-744-2180
E-mail: Not Provided
Lillian Mood, R.N.
Community Liaison
South Carolina Department of Health and
Environmental Control
2600 Bull Street
Columbia, SC 29201
Phone: 803-734-5440
Fax: 803-734-9196
E-mail: moodlh@columb30.dhec.state.sc.us
Carlo Moore
Project Manager West Oakland Pilot
Region 9
U.S. Environmental Protection Agency
75 Hawthorne Street
San Francisco, CA 94105
Phone: 415-744-1938
Fax: 415-744-1476
E-mail: carlamoore@epamail.epa.gov
Richard Moore
Former Chair of NEJAC
Southwest Network for Environmental and
Economic Justice
P.O. Box 7399
Albuquerque, NM 87194
Phone: 505-242-0416
Fax: 505-242-5609
E-mail: sneej@igc.apc.org
Jose Morales
Graduate Student
UCSF
1855 Folsom Street
San Francisco, CA 94103
Phone: 415-476-9070
Fax: 415-476-9069
E-mail: morales@rorl.ucsf.edu
-------
City Council Member
I! Region 10
U.S. Environmental Protection Agency
Oakland|,|||CA
Phone: Not Provided
. Center on Race, Poverty & Emnronment
(CRPE)
1200 Sixth Avenue (OI-085)
Fax:
Not Provided
iiiiiiiiiiii'iiijiiiiiiiiiii'iiiii'iii.niiiiiii 'I'liiiiiiiiiwiiiiiiiiiiiil
"631 Howard Street
Suite 330
:::SjaHJ£*,w,S 98101
op ==||=|=^
ffae" '"'206-553-8338
'_ \ E-mail: .ygiProvided
I ;
'eanne Nader
~ Clearwater Revival Company
'305 Spruce Street
Rente
Chester Street Block Club Association
ll43 Chjsster Sieeet _ ;
Oakland, CA 94607
.CA^ 94501
Phone: 510-522-2165 .
<5z*r 5,10-522-8520
E-mail: w clearh2orey@e^th|inksne
Hakeem Nasiyr
llllillllilllHIIIIIIH^^^^^^^^^^ Ill
Proprietor
E-mail: bnewell@law.noregon.edu
Tia Newman-Fields
Office of Environmental Justice
Office of Enforcement and Compliance
Assurance
invironmental Protection Agency
401 M Street, SW, (MC 2201A)
Association or information
Ura'ted International Development
SlocktfinA,,CA 9521Q
Phone: Not Provided
Fax: Not Provided
ided
E-mail: newman-fields.tia@epamail.epa.gov
Srover Nicholson
Branch Head
669 58th Street
CA"'94
rnonc; =>/• 0-652-2951
Superfund Federal Remediation
North Carolina Department of Environment
"X Natural Resources
Regional Representative
-HHS-
01 Oberlin Road, Suite 150
Kaieigh, Nt
-------
June 1998 WETX£ Conference.
List of Attendees
Page 21
Omar Osiris
Organizer
Communities for a Better Environment
500 Howard
San Francisco, CA .
Phone: 415-284-8561 ext. 215
Fax: Not Provided
E-mail: Not Provided
Rome! L. Pascual
City Planner
Environmental Justice Office
Region 9.
U.S. Environmental Protection Agency
75 Hawthorne Street (CMD-6)
San Francisco, CA 94105
Phone: 415-744-1212
Fax: 415-744-1604
E-mail: pascual.romel@epamaiI.epa.gov
Gilbert Pasqua
Environmental Protection Specialist
U.S. Environmental Protection /Agency
75 Hawthorne Street MD-3
San Francisco, CA 94105
Phone: 415-744-1595
Fax: 415-744-1604
E-mail: Not Provided
Shirley Pate
Office of Enforcement Capacity and
Outreach
Office of Enforcement and Compliance
Assurance
U.S. Environmental Protection Agency
401M Street, S^V, (MC 2201A)
Washington, DC 20460
Phone: 202-564-2607
Fax: 202-501-0284
E-mail: pate.shirley@epamail.epa.gov
Marinelle Payton
Environmental-Occupational Medicine
Harvard School of Public Health
Harvard Medical School
181 Long wood Avenue
Boston, MA 02115
Phone: 617-525-2731
Fax: 617-731-1451
E-mail: remar@gauss.bwh.harvard.edu
Chris Peters
Seventh Generation Fund
P.O. Box 4569
Arcata, CA 95521
Phone: 707-825-7640
Fax: none
E-mail: none.
Pamela Phillips
Superfund Division
U.S. Environmental Protection Agency
1445 Ross Avenue
Dallas, TX 75202
Phone: 214-665-6701 ;
Fax: 214-665-7330
E-mail: Not Provided
Jonet Phoenix
Manager
Public Health Programs
National Safety Council
1019 19th Street, NW
Washington, DC 20036-5105
Phone: .202-974-2474
Fax: 202-659-1192. ,
E-mail: phoenixj@nsc.org
Dan Pihgaro
Indian Programs Office
U.S. Environmental Protection Agency
75 Hawthorne Street
San Franciso, CA 94105
Phone: 415-744^2129
Fax; Not Provided
E-mail: Not Provided
Cleo R. Pizana
Special Assistant
Office of Pesticides Programs/AD
Office, of Prevention, Pesticides, and Toxic
Substances
U.S. Environmental Protection Agency
401 M Street, SW, (MC 7510W)
Washington, DC 20460 "
Phone: 703-308-6431
Fax: 703-308-6467
E-mail: . Not Provided
Terence Plaskon
Office, of Environmental Policy & Compliance
U.S. Department of Interior
600 Harrison Street, # 515
San, Francisco, CA. 94107-1376
Phone: 415-427-1477
Fax: 415-744-4121
E-mail: oepcsfn@aol.com
Carlos Porras
Communities for a Better Environment
605 West Olympic Boulevard, Suite 850
Los Angeles, CA 90015
.Phone: 213-486-5114 ext. 109
Fax: 213-486-5139
'E-mail: cbela@igc.org
Danita Prince
C.L.E.A.N. M.E.A.N. M.O.M
2906 7th Avenue
Westlake,LA 70669
Phone: 318-882-1708
Fax: Not Provided
E-mail: Not Provided
Deneen Prince
C.L.E.A.N. M.E.A.N. M.O.M
2906.7th Avenue
Westlake.LA 70669
Phone: 318-882-1708
Fax: Not Provided
E-mail: Not Provided
Diane Prince
C.LE.A.N. M.E.A'.N. M.O.M
2906 7th Avenue
Westlake, LA. 70669
Phone: 318-882-1708
Fax: Not Provided
E-mail: Not Provided
Gerald Prout
Director
Regulatory Affairs
FMC Corporation
1667 K Street, NW, Suite 400
Washington, DC 20006
Phone: 202-956-5209
Fax: 202-956-5235
E-mail: jerry_prout@fmc.com
-------
June 1998
List of Attendees
22
Conference
Connie Raines
Manager
Envtronn[wntal Justice and Community
Liaison Program
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta^SA 30303-3104
Phone: 404-562-9671
Fax; 404-562-9664
E-mail: raines,connie@epamail.epa.gov
Debra Ramirez
feronmenta Action Now
1313 6th Avenue
.......... 70601
Phone; 318-433-0449
Lenqre F. Roybom
Water Division
Region 5
U.S. Environmental Protection Agency
77 West Jackson Boulevard
WCC - 15 J
Chicago, IL 60604
Phone: 312-886-6465
Fax: 312-886-0168,
E-mail: rayborn.lenore@epa.gov
,,,: Dpretta Reave? ]
jVpgram Analyst
Office of Communication, Education and
Public Affairs
U.S, Enyironmental Protection Agency
401M Street, SW, {MC 1702)
, Ray_ Risher
i i Cgncer,
EBLQA
6825 Wilton Drive
Oakland, CA
P/tqrie: 510-531-3413
Fax: ,; Not, Provided
E-maili NolEroyided .
Nancy Riveland-Har
Region 9
U.S. Environmental Protection Agency
75, Hawthorne, Street
San Francisco, CA 94105
Phone: 415-744-2371
Fax: 415-744-1796
'Fax: Not Provided
Washington, DC 20460
' ......... .,,202:260:3535 ..........
E-mail:, nyejgnd,nancy@epamail.epa.gov
,„ San Juan, PR 00936
Fax: 202-260-0130^
E-mail: reayes.doretta@epamail.epa.gov
Tyler Reeb
Eriend of the West County Toxics Coalition
',2012 '
787-788-0837
Berkeley, CA 94703
Phone: 510-843-1746
TS-ftiaf/: iiiiiro,sahi@_coaui.net
Karen Randolph
Office of Solid Waste and Emergency
nv«ronme.ntai p'rotectiqn,. Agency
.......................... Fax^ .......... ,„ ......... NotjProvjded ..................................
............................ E-mail: Not Provided
Ron Ricks
703-308-8638
E-mail: Not Provided
cretory
I Maryland Department of the Environment
Unit Leader
Radian International
10389 Old Ptacerville Road
Sacramento, CA 95827
Phone: 916-857-7409
Fax: 916-362-2318
E-mail: ronald_rieks@radian.com
lane Riggan
,££oj2ua>Dejxirtment of Health, Services
5900 Hollis Street Suite E
I 2500 Broening Highway
2S14
, , Emeryville, CA 94705
Deborah Roane ,;
Office of Site Remediation Enforcement/
RSD
U.S. Enyironmental Protection Agency
401 M Street, SW, (MC 2272A
Washington, DC 20460
, Phoney 202:564:4^79, , f
Fax: 202-501-0269 '_ ' (
E-mail: roane.deborah@epamail.epa.gov
Thomas C. Roberts
Van Ness Feldman
1050 Thomas Jefferson Street, NW
7th Floor
Washington, DC 20007
Phone: 2Q2-298-1930
Fax: 202-338-2416
E-mail: tcr@vnf.com
Deborah Robinson
International Possibilities Unlimited
P.O. Box 4430
Washington, DC 20017
Phone: 202-986-9426
, Fax: 202-518-2792
E-mail: drdrobjnson@sprynet.com
Fax 510^50-3773
E-mail: (cdhsjane@earthlink.net
UillliUM
fl !lPTliil!Kl!ll W
isy^^
, |S^
-------
June 1998 NEJAC Conference
List of Attendees
Page 23
Bob Robitaille
Director of Programs
Environmental Careers Organization
179 South Street
Boston, MA 02111
Phone: 617-426-4375
Fax: Not Provided
E-mail: Not Provided
Julio Rodriguez
Environmental Leader
COTECAM
Comite Timon Calidad Ambiental de Manati
DuPont Agrichemicals
P.O. Box 3000Q
Manati, PR 00674
Phone: 787-884-1587
Fax: 787-884-1475
E-mail: juliorodriguez-piti@rocketmail.com
Hannah Rogers
Community Coordinator -
Adopt-A-Watershed
Environmental Science Center
2550 25th Avenue
San Francisco, CA 94116
Phone: 415-469-4763 '
Fax: 415-469-4752 .
E-mail: hwertheim@hotmail.com
Lucila Rosas
Organizacion en California de Lideras
Campesinas
P.O. Box 53742
San Jose, CA 95153
Phone: 408-365-1193
Fax: 408-365-1193
E-mail: irosas@juno.cpm
Holly Rose
Administrative Assistant
Environmental Defense Fund
5655 College Avenue #304
•Oakland, CA 94618
Phone: 510-658-8008 ;
Fax: 510-658-0630
E-mail: holly_rose@edf.org
Vicki Rosen
U.S. Environmental Protection Agency "
75 Hawthorne Street, SFD-3
San Francisco, CA 94105
Phone: 415-744-2187
Fax: 415-744-1796
E-mail: rosen.vicki@epamail.epa.gov
Marlene Ross
CLEAN MEAN
4132 E. Burton /
Sulphur, LA
Phone: 318-882-6892
Fax: Not Provided
E-mail: Not Provided
Maureen J. Ross
Srants Policy Specialist
Srants Administration Division
U.S. Environmental Protection Agency
.401 M Street, SW, (MC 3903F)
Washington, DC 20460
Phone: 202-564-5356
Fax: Not Provided
E-mail: Not Provided ,
Dale Ruhter
Office of Solid Waste
Office of Solid Waste and Emergency
Response
U.S. Environmental Protection Agency
401 M Street, SW, (MC 5303W)
Washington, DC 20460
Phone: 703-308-8192
•Fax: 703-308-8609
. E-mail: ruhter.dale@epamail.epa.gov
March Runner
Region 7 .
U.S. Environmental Protection Agency
726 Minnesota Avenue
Kansas City, KS 66101
Phone: 913-551-7649
Fax: Not Provided
E-mail: Not Provided
Harold Rush
Regional Lead (Pb) Coordinator,
Region 9
U.S. Environmental Protection Agency
75 Hawthorne Street (MD-4-2)
San Francisco, CA 94105
Phone: 415-744-1094
Fax: 415-744-1073
E-mail: rush.harold@epamail.epa.gov
Carol Rushin
ARA-ECEJ
U.S. Environmental Protection Agency
999 18th Street, Suite 500
Denver, CO 80202
Phone: 303-312-6051
Fax: Not Provided
E-mail: Not Provided
Anika A. Russell
West County Toxics Association
2424 Haste Street, t>14
Berkeley, CA 94704
Phone: 510-848-8410
Fax: Not Provided
E-mail: arussell@uelink4.berkely.edu
Peggy Saika
Asian Pacific Environmental Network
310 8th Street
Suite 309
Oakland, CA 94607.
Phone: 510-834-8920 ,
Fax: 510-834-8926
E-mail: pks@igc.apc.org
Alberto Saldamandu
Genera] Counsel • •
International Indian Treaty Council
54 Mint Street, #400
San Francisco, CA. 94110
Phone: 415-512-1501
Fax: 415-512-1507
E-mail; lltc@igc.apc.org
-------
lllllllllllllll III Illllll •••^^^ III 111 Illllllllllll Illll I lllllll Illlllllllll llllllllllllllll Illll
June £9?8 NEJAC Conference
Usf of Attendees
£09* 24
Assistant Attorney General
Environmental Scientist
l!uli.qn< Prevention and Toxics
Environment and Natural Resources Division Region 2
t U.S, Environmental Protectioa, Agency
U.S. Department of Justice
, (M7401)
IllfeMngton. DC 20460
950 Pennsylvania Avenue NW
........ Washingion/Sc ........ 20530
202-260-0575
sanderS|WJj|jgSJj§ejja.gov
Christine Sehoufelberger
E-mail: lois.schiffer@justice.usdoj.gov
Joe Schilling
Boy Area Air Quality Management District
939 Ellis Street " '"
Director Economic Development
Jnternatioijal City/County Management
dan Francisco, CA 94109
"4l5-Z4§r4ZZ2 • tZ7 North Capitol Street, NE
Suite 500
Washington, DC 20002-4201
E-njail: jschilling@icma.prp
David" SchlosEerg
Northern Arizona University
San Francisco, CA 9405
Department of Political Science
415-744-1624
415-744-1598
l Protection Agency
290 Broadway
New York, NY 10007-1866 '
Maee: 212-637-5037
S' : • I I ' ' 'I ' ' ' '''" ' ' '' ' '
Fax: Not Provided
E-mail: schulz.susan@epamail.epa.gov
i
Dennis ft. Scott
S^y^ WardJ/alley n
107 F. Street
Needles, CA 92363
Phone: 760-326-6267
760-326-6267
E-mail'.^ Not Provided
Derek Scott
Community Coordinator
Region 9
E-mail: schechter.debbie@epamail.epa.gov
Flagstaff, AZ 86011-5036
gcfeeje
i!' A'ssocjaje, Director
il programs
;"Afton Associates
Phone: 520-523-0339
IFaxi t v5r20:52J-6777
E-mail: daMd.schlasberg@nau.ee|u .
.S,, Eflvirenmental Protection Agency
Z5 HawJborne,,, Street • , ,
,San Francisco, CA 94105 ,
Phone: 415-744-2050
Fax^ 415-744-1044
E-mail: scott.derek@epamail.epa.gov
Sophia Serda
E403 .East Capitol Street
David Sehooley
San Bruno Mountain Watch
P.O. Box AO
§ros£iafey~ CA~ 94065
202-547-1668
lschee|e©aftpn.cpm,.
Phone-
Fax:
415^67^6631
510-843-3661
U.5. ^nvironmgnta] Protection Agency
75 Hawthorne Street
5jn,F£aQcjscp, CA |94105-3901
eL 415-744-2307 .„ ,
Fox: 415-744-1916
E-maM serdaspph ia@epamai I .epa.gov
""karen
U,S, Environmental Protection Agency
75 Hawthorne Street ',
Mike Schulz
Water Division
'. i !,!; .San Francisco, CA 94105
• Aone: 415-744-2068
U.S. Environmental Protection Agency
75 Hawthorne Street
Mary Settle
Office of Environmental Justice
Officeof ..... Enfofcgnjentand ..... Compliance
Assurance
U.S. Environmental Protection Agency
' ' '
San Francisco, CA 94105
, DC 20460
2-564^594
•••M^^ ISilSiK
• .
• iiiiiiiii •'''
-------
June 1998 N&TAC Conference
List of Attendees
Page 25
Sally Seymour
Region 9
U.S. Environmental Protection Agency
75 Hawthorne Street, SPE-1
San Francisco, CA 94105
Phone: 415-744-1022
r/ 415-744-1917
E-mail: seymour;saily@epamail.epa.gov
Maya Shaw
Researcher
Hesperian Foundation
1919 Addison, Suite 304
Berkeley, CA 94704
Phone: 415-845-1447
Fax: Not Provided
E-mail: Not Provided
Jason Sheeley
Radian International <
10389 Old Placerville Road
Sacramento, CA 95827
Phone: 916-857-7364
Fax: Not Provided
E-mail: jason_sheeley@radian.com
Peggy M. Shepard
Executive Director
West Harlem Environmental Action, Inc.
271 West 125th Street, Suite 211
New York, NY 10027
Phone: 212-961-1000 ext. 303
Fax: 212-961-1015
E-mail: wheact@igc.apc.org
Toby Sherwood
Assistant Counsel
Bay Area Air Quality Management District
939 Ellis Street
San Francisco, CA 94109
Phone: 415-749-5192
Fax: 415-749-5103
E-mail: Not Provided
(Catherine Short
CRIT Mohave Elders Committee
Rt. 1 Box 23-B
Parker, AZ 85344
Phone: 520-662-4644
Fax: Not Provided
E-mail: Not Provided
Alan Sielen
Office of International Activities
U.S. Environmental Protection Agency
401M Street, SW, (MC 2610R)
Washington,,DC 20460
Phone: 202-564-6600 -
Fax: 202-565-2407
E-mail: sielen.alan@epamai I .epa.gov
Bill Simmons
International Indian Treaty Council
54 Mint Street, Suite 400
San Fransisco, CA 94103
Phone: 415-512-1501
Fax: 415-512-1507
E-mail: Not Provided ,
LaShenna Sirles
Environmental Justice Assistant
Region 9
U.S. Environmental Protection Agency
75 Hawthorne Street
San Francisco, CA 94105
Phone: 415-744-1597
Fax: 415-744-1598
E-mail: sirles.lashenna@epamail.epa.gov
William Sloan
Intern
Region 9
U.S. Environmental Protection Agency
75 Hawthorne Street
San Francisco, CA 94105
Phone: Not Provided
Fax: . Not Provided
E-mail: Not Provided
Damu Imara Smith
Southern Regional Representative
Greenpeace USA
1436 U Street NW . • .
Washington, DC 20009
Phone: 202-319-2598
Fax: 202-462-4507
E-mail: Not Provided
Linda K. Smith
Program Management 'Director
Office of Environmental Justice
Office of Enforcement and Compliance
Assurance
U.S. Environmental Protection Agency
401 M Street, SW, (MC 2201A)
.Washington, DC 20460
Phone: 202-564-2602
Fax: 202-501-0740
E-mail: smith.linda@epamail.epa.gov
Nancy Sockabasin
Environmental Scientist
Region 9
U.S. Environmental Protection Agency
75 Hawthorne Street
San Francisco, CA 94105
Phone: 415-744-2209
Fax: 415-744-1604
E-mail: sockabasin.nancy@epamail.epa.gov
Ricardo Soto-Lopez
Puerto Rico-Northeast Environmental
Justice Network
75 Park Avenue
Newark, NJ 07104
Phone: 973-482-8312
Fax: 973-482-1883
E-mail: Not Provided
Mathy V. Stanislaus
Director
Environmental Compliance
Enviro-Sciences, Inc.
Ill Howard Boulevard, Suite 108
Mt. Arlington, NJ 07856
Phone: 973-398-8183 ext. 1246
Fax: 973-398-8037
E-mail: mstanisl@enviro-sciences.com
Michael Stanley-Jones
Public Access & Participation, Environmental
Justice Project
Silicon Valley Toxics Coalition
760 N. First Street
San Jose, CA 95112
Phone: 408-287-6707
Fax: 408-296-7182
E-mail: msjones@igc.org
-------
1111111111111111 111 III III 111 I III 111
I Ill 1 1 1 Ill Ill Ill 111
II 111 I 111 III 111 II III 111111111
I lllllllllllilllllllllH 111 111 llllllllllllllllll 111111)11111111111111 1111111111 Illllllllllllll 11111 111
iSffiissffis,
ist of Attendees
Page 26
Leslie Stewart
Contra Cflsta Hazardous Materials
Commission
Peggy Sullivan
CJJ5.AJ4, M;E;ANf ;MJ2,M;;;;;
6707 Oak Lake Drive
Willie R. Taylor
Director
3398 WjeiAveiiUf:, , , , } „,,, , , , , , Sulphur, LA 70663
&SS& 21&S833Z8Z ,
75 Hawthorne Street. SFD-1
US., Department of the Interior
1849 C Street, NW, Room 2340
, Wjghjjigton, DC 20002
Pljone: 202-208-6898
Fax: 202-208-6970
E-mail: willie_taylor@ios.doi.gov
niiiiEM^^^^ ill iiiiiiiiiiiiiiiiiiiiiiii i in ill i i i n iiiiiii
Clancy Jenley '
Protection, Agency JX^j"™ Er,2,9ram,s Manager
,„, „ , San Francisco, CA 94596
,408-883-1254 7' " „ Phone:, £5-744-1730,
,415-744-1917
U.S, Environmental Protection Agency
,7,5 ..... Hagtjjgrne^reet ..... (E-4)
A .......... 94105 ........................... '
E-mail: takata.keith@epamail.epa.gov
Alexis Strauss
Water Division
Environmental Protection^Agency^
i Hawthorne Street
Transitional Resource & Action Center
(TRACO
Phone: 415-744.-1607
Fax: 415-744-1604
E-mail: tenlay.clancy@epamail.epa.gov
£.OSiiiBox 29344
San Francisco, CA 94129
• San Francisco, CA 94105
6&Z 41§I5|6,l-6493
jEfflgi: S2rPwa+ch@'9c.org
lliyHiLilllMW^
riiniK^^^ iiiiiiB^^^^
Mori Rose Taruc
Peogle United for a Better Oakland
'enue, # 2
Oakland^ CA 94606
tection.Agency
202-564-0032
|lll '•«»„: llllllllllH^^^ l!,,|l|;l,l
Shhonn Taylor
w.patricia@epamail.epa.gov
irwmejffalProttt^iori Agency
841 Chestnut Street (3CEOO)
Philadelphia, PA 19107
MI i ii 11 i i fi i i " i n i i • i
IS! Phone: 215-566-2374
Fax: 215-566-2383
E-mail: thompson.james@epamail.epa.gov
IIBIH^^^ Patrice Thornton
-,„ , , ,i n Environmental, Protection, Specialist
Officeof Ajrand, Radiation,
F i • i i • , , ,;. , ,U-S. Environmental Prptection Agency
I HI jSmM - -. ,= • - • 11::= 2000 Traver Wood Drive
"»'* • -'Ann Arbor, MI 48105
Phone: 734-214-4329
Fax: 734-214-4530
E-mail: Not Provided
Enforcgijjgnf P|anning, Targeting, and Data
Division
ice of Enforcement and Compliance
issurance
U.S. Environmental Protection Agency
Carletta Tilouise
Hawasupai Tribe
Box 2800-312
Carefree, AZ 85377
•Phone: 602-488-6821
Fax: 602-488-7453
401M Street, SW, (MC 2222A)
•one: 202-564-2502
-------
June 1998 NEJAC Conference
List of Attendees
Page 27
Gerald Torres
University of Texas Law School
727 East bean Keeton, Room 3266
Austin, TX 78705
Phone: 512-471-2680
Fax: 512-471-6988
E-mail: gtorres©maiI.law.utexas.edu
Ryan Torres
Internship Program Coordinator
Environmental Careers Organization
381 Bush Street, Suite 700
San Francisco, CA 94104
Phone: 415-362-5552 ext. 171
Fax: 415-362-5559
E-mail: rtorres@eco.org
Arthur Totten
Environmentalist
Office of PoJIution Prevention and Toxics '
Office, of Prevention, Pesticides, and Toxic
Substances
U.S. Environmental Protection Agency
401 M Street, SW, (MC 7406)
Washington, 5C 20460
Phone: 202-564-7164
Fax: 202-564-0072
E-mail: totten.arthur@epamai I .epa.gov
Ellen Townsend-Smith
Associate Chemical Engineer
California Energy Commission
1516 9th Street (MS-40)
Sacramento, CA 95814
Phone: 916-654-4170
Fax: 916-654-3882
-* fe,.
E-mail: Townsen@energy.ca.state
Connie Tucker
Executive Director "
Southern Organizing Committee for
Economic 4 Social Justice
P.O. Box 10518
Atlanta, &A 30310
Phone: 404-755-2855
Fax: 404-755-0575
E-mail: socejp@igc.apc.org
Mee Ling Tung
Environmental Health Services
County of Alameda
1131 Harbor Bay Parkway, Suite 230
Alameda, CA 64502-6577
Phone: 510-567-6777
Fax: 510-337-9135
E-mail: mtung@co.alameda.ca.us
Haywood Turrentine
Executive Director
Laborers' District Council Education and
Training Trust Fund
500 Lancaster Pike
Exton,PA 19341
Phone: 610-524-0404
Fax: 610-524-6411
E-mail: hljl@aol.com
Delta Enid Valcnte
Project Manager
Office of Pesticide Programs
U.S. Environmental Protection Agency
401M Street, SW, (MC 7506C)
Washington, DC 20460
Phone: 703-305-7164 ,
Fax: 703-308-2962
E-mail: valente.delta@epamail.epa.gov
Stephanie Valentine
Community Based Environmental Protection
Coordinator .
Region 9
U.S. Environmental Protection Agency
75 Hawthorne Street
San Francisco, CA 94105
Phone: 415-744-1178
Fax: Not Provided
E-mail: valentine.stephanie@epamail.epa.gov
Lillian Valverde
Purity Oil
2225N. Slenn
Fresno, CA 93704
Phone: 226-4931
Fax: Not Provided
E-mail: Not Provided
Lucille Van Ommering
Staff Air Pollution Specialist
California Air Resources Board
2020 L Street
Sacramento, CA 958.12
Phone: 916-323-0296
Fax: 916-322-3646 '•• .
E-mail: ivanomme@drb-ca.gov
Lorctta Vanegas
U.S. Environmental Protection Agency
75 Hawthorne Street, WTR-10
San Francisco, CA 94105
Phone: 415-744-1946
Fax:. 415-744-1078
E-mail: Not Provided
Baldemar Velasquez
President
Farm Labor Organizing Committee
1221 Broadway
Toledo, OH 43609
Phone: 419-243-3456
Fax: 419-243-5655
E-mail: bvelasquez@accesstoldeo.com
pebra Villari
Acting Deputy Division Director
Enforcement Planning, Targeting, and Data
Division
Office of Enforcement and Compliance
Assurance :
U.S. Environmental Protection Agency
401 M Street, SW, (MC 2222A)
Washington; Dp 20460
Phone: 202-564-4218
Fax: 202-564-0039
E-mail: Not Provided
Kara Vuicich
. Region 9, (CMD -4-2)
U.S. Environmental Protection Agency
75 Hawthorne Street
San Francisco, CA 94105-3901
Phone: 415-744-2242 .
Fax: 415-744-1073
E-mail: vuicich.kara@epamail.epa.gov
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June 1998 NEMC Conference
Pst of Attendees
28
la Wagner
Kafi Watlington-Macleod
•RegionalManager , '
"Ijnvironmentgl Careers Organization
1,81 BusiStreet, Suite 760
Nautical Resources Defense Council
6310 San Vicente Boulevard Suite 210
; I -j§5n Francisco, CA 94104
< i -Pnonei
415-362r5552
415-362-5559
Phone-
Fax:
E-mail:
213-934-6900
213-934-1210
kmacleod@nrdc.org
'iH^SmlE&iiafl: pwagner@eco.org
Liz Wayne
Program Analyst
Research Assistant
Center for Environmental Health
965 Mission Street, #218
San Francisco, CA 94103 " ' ' ^ommun'1ll,1S«2,!i»e.2SP«,2i?« 2—3SS? I
Phone: 415-974-5028 " ' Center
Victor Weisser.
California for Environment i
Staff ..... Attorney •
Lawyer's Committee For Civil Rights Under
the taw
National Lead Information Center
in in
11 •
1450 & Street, NW, Suite 400
.Was^ngton,DC20005
!>honei:JI
U.S. Environmental Protection Agency
Tax: 202-659-1192
II11IIIIIIIH ,
77 West Jackson Boulevard (SR-6J
i' Chicago, IL 60604
lphone: 312-886-0442
/=«w 312-886-4^071
warnsley.oliver@epamail.epa.gov
E-mail: Not Provided
w^^^
Sty' wilcoxen
' Environmental Justice Team
Region 9
0"s" Environmental Protection Agency
75 Hasvthorne :Stregt (CMD-6)
t CA"' 94105
oil:, ffii!c.2xeji.,katy@epamail.epa.gov
' !!l!i|i!«^^^^^^
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June 1998 NEJAC Conference
List of Attendees
Page 29
Jane Williams
Executive Director
California Communities Against Toxics
P.O. Box 845
Rosamond, CA 93560
Phone: 805-356-0968
Fax: 805-256-0674
E-mail: dcap@gnet.com
LaDonna Williams
Midway for Child Health and Environmental
Justice
16,5 Masonic Drive
Vallejo,CA 94591
Phone: 707-642-0449
Fax: Not Provided
E-mail: izel@aol.com
Margaret Williams
President
Citizens Against Toxic Exposure
6400 Marianna Drive
Pensacola, FL 32504
Phone: 904-494-2601
Fax: 904-479-2044
E-mail: Not Provided
Butch Wing
California Coordinator
Rainbow/PUSH
3033 Regent Street
Berk, CA 94705
Phone: 510-486-1095.
Fax: 510-486-1536
E-mail: abwing@aol.com
Lily Wong
Region 9
U.S. Environmental Protection Agency .
75 Hawthorne Street
San Francisco, CA 94105
Phone: 415-744-1190
Fax: Not Provided
E-mail: wong.Iily@epamail.epa.gov
Beverly Wright
Director
Deep South Center for Environmental
Justice ,
Xavier University
7325 Palmetto Street, Box 45B .
New Orleans, LA 70125
Phone: 504-483-7340
Fax: 504-488-3081
E-mail: dscej@aol.com
*.
Eddie L. Wright
Environmental Analyst
Waste Management Division
Region 4
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, 6A 30303-3104
Phone: 404-562-8669
Fax: 404-562-8628
E-mail: wright.eddie@epamail.epa.gov
Gerald H. Yamada
Attorney
Paul, Hastings, Janof sky & Walker LIP
1299 Pennsylvania Avenue, NW, 10th Floor
Washington, DC 20004
Phone: 202-508-9573
Fax: 202-508-9700
E-mail: ghyamada@phjw.com
Harold Yates '
Senior Community Involvement Coordinator
Hazardous Site Cleanup Division
Region 3
U.S. Environmental Protection Agency
841 Chestnut Street MC 3HW43)
Philadelphia, PA 19107
Phone: 215-566-5530
Fax: 215-566-5518
E-mail: yates.hal@epamail.epa.gov
Danita Yocom
Assistant Regional Counsel
Region 9
U.S. Environmental Protection Agency
75 Hawthorne Street
San Francisco, VA 94105
Phone: 415-744-1347
Fax: 415-744-1041
E-mail: danitayocum@epamail.epa.gov
Laura Yoshii
Director
Cross Media Division
Region 9 , .
U.S. Environmental Protection Agency
75 Hawthorne Street
San Francisco, CA 94105
Phone: 415-744-1730
Fax: 415-744-1076 '
E-mail: yoshii.laura@epamail.epa.gov
Ward Young
Ban Waste, Coalition ,
P.O. Bpx 894
Bolinas,CA 94924
Phone: 415-868-2146
Fax: 415-868-2660
E-mail: wyoung7777@aol.com
Beth Zilbert
M.O.M
M.E.A.N
C.L.E.A.N.
1607 Sriff ith Street
Lake Charles, LA 70601
Phone: 318-433-0222
Fax: 318^433-0222
E-mail: betK.zilbert@greenpeace.org
Amy Zimpfer
Region 9
U.S. Environmental Protection Agency
75 Hawthorne Street, AIR-1
San Francisco, CA 94105
Phone: 415-744-1219
Fax: 415-744-1077
E-mail: zimpfer.amy@epamdil.epa.gov
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Appendix C
Written Public Comments
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Patrick Orozco, Headman, Pajaro Valley Ohlone Indian Council
644 Pear free Drive, Watsonville, CA 95076 (408) 728-8471
. •>• - -. ' 6/1/98
I am Patrick Orozco, headman of the Pajaro Valley Ohlone Indian Council. I regret
that I am not able to be present at the NEJAC hearing, but 1 would like to express the
deep interest of my people in the future of the San Bruno Shell Mound and our
concern about the impacts of development
Although our people are located at some distance from the San Bruno Shell
Moundj, we have a strong affinity with those who once lived there, the Slipskin
Ohlone: Linguists in this century supplied the name Ohlone to refer to the
common language spoken by people who lived between the Carmel River and the
San Francisco Bay delta. We are united with the Slipskin Ohlone through our
common language and through the cultural similarities that exist among Ohlonean
people. We feel a connection with the spirit of our ancestors who lived there.
When I visit the Shell Mound, I imagine the songs and the prayers, the crying and
mourning of our people when they buried their dead. The Ohlonean people today
are like a fence to protect the spirits of those who have gone.
We have taken a strong stand on protection of grave sites. My great grandfather
Rios repeatedly admonished us to protect the graves of the ancestors. We have done
this in the Watsonville area and at various sites in San Benito, Monterey and Santa
Clara Counties. Whenever development, such as schools, buildings or roads, takes
place, and there are grave sites, I and my people have been called on as consultants.
At times there have been intense conflicts, and we have stood our ground and gone
to great measures to protect our graves from desecration.
Now we must speak up about the San Bruno Mountain Shell Mound. It is the
largest, oldest and most intact shell mound left in the Bay area. Slipskin people
lived there continuously for 5000 years. Our ancestors must have found the area
very conducive to life. The more time we spend on the mound, the more we
understand how this site supported life there for so many centuries. So many other
mounds have been paved over and been obliterated by buildings, that we have not
had such a valuable opportunity to relate to the lives of our ancestors.
San Bruno Mountain is a place that is still in its natural state. Some but not major
disturbance has occurred there in the past. In walking this land, one can see that this
is first of all, a place of peace. In looking at the terrain, I find evidence of FC, fire
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rock, which indicates that there was burning of stone for eating or cooking.,I
chert that shows there was_rnanufacturing of arrow points. I see the richness of
which tells me that there are burials there. The color of the soil is dark;
. evidence of occupation or burials. The fire cracked rock by the
fells me that tney were burning the stones for sweat lodge and cookin-
purposes (used for cooking acorn meal or salmon). The village was most likely
located where the Bayshore Highway is today. But it .must have been on higher
gTolifict then, because villages were built on high ground.
• ": i!' • ' ::; : : ! i li 11 i i i i i i i i i i i i i i I
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I III! 1=1 spirituality that ig there, because the ancestors are still
disturbance of their resting places would release the sacredness
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:,_ and that it would affect the people living now who are connected
to |bern merjtajly and physically. I have always taken all measures to protect and
There are rnany plants at the Shell Mound that have always been important for us.
IIi, j?y our people for many centuries. There is soap root, which we have used
for multiple purposes, such as food, shampoos and fish poisons. There are plants
for f dock gudi as ..... b_uekey_es, brodiaeas and the ............ flowers, ..... seeds ..... of ..... poppies, lupines
iirg airg plants US^J |or medicines such as yerba santa, yarrow, curly
dock and plantain At one time there must have been enormous resources for our
iople from the all year stream there that flows from the mountain to the bay.
There are wjtknvs still, used by our people for building and for medicine.
"Slthpugh this land has been cattle grazed and many of the original plants have been
lost., yet it must have sustained food, medicines and materials in great abundance.
ire, Is rny opinion hundreds or more of graves at the San Bruno Shell
"Mound. ........ The ..... entire ...... area ....... sjiould ...... be ...... left ...... jrv place, protecting all plant life and the
........ Our ...... jeligious life centers on our reverence ,fpr the dead and our
with life.
with them. When we are at the places of burial of our ancestors, we are
cultuyg ...... anc| ....... our ...... ways, and we have a sense of peace and accord
• it • iiiiiiiiiii in in
that federal laws be used to save this land from desecration and to,,,keep it
for ,our people and all people who have reverence for its history, life
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