United States Office of Solid Waste and OSWER 9200.3-18
Environmental Protection Emergency Response PB95-963228
Agency Washington, DC 20460 EPA540/R-95/023 IS
May 1995
OSWER
Environmental Justice
Action Agenda
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United States Office of Solid Waste and OSWER 9200.3-18
Environmental Protection Emergency Response PB95-963228
Agency Washington, DC 20460 EPA540/R-95/023
May 1995
vvEPA OSWER
Environmental
Action Agenda
U.S. Environmental Protection Agency
Region 5, Library (PL- 12J)
77 West Jackson Boulevard, 12th Float
Chicago, 1L 60604-3590 '
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Additional copies of this publication may be obtained from:
National Technical Information Service (NTIS)
U.S. Department of Commerce
5285 Fort Royal Road
Springfield, VA 22161
(703) 487-4650
Please reference document number: PB95-963228.
Other OSWER Documents dealing with the subject of environmental justice may also be
obtained through NTIS:
"OSWER Environmental Justice Task Force Draft Final Report" - April 25,1994 (PB94-
963224)
"OSWER Environmental Justice Task Force Draft Final Report Executive Summary" - April 25,
1994(PB94-963225)
"Waste Programs Environmental Justice Accomplishments Report" - May 1995 (PB95-963239)
"Waste Programs Environmental Justice Accomplishments Report Executive Summary" - May
1995 (PB95-963239)
"Waste Programs Environmental Justice Accomplishments Report Factsheet" (PB95-963298)
"OSWER Environmental Justice Action Agenda Factsheet" (PB95-963297)
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OSWER ENVIRONMENTAL JUSTICE
TASK FORCE REPORT
TABLE OF CONTENTS
CHAPTER 1
INTRODUCTION AND BACKGROUND ON OSWER ENVIRONMENTAL
JUSTICE ACTION AGENDA 1
A. INTRODUCTION 1
B. HISTORY LEADING TO TfflS ACTION AGENDA 1
C. GOALS FOR OSWER ENVIRONMENTAL JUSTICE 4
D. REPORT CONTENTS 5
CHAPTER!
OSWER-WIDE ENVIRONMENTAL JUSTICE ISSUES AND
ACTION ITEMS 7
A. GUIDELINES FOR ENVIRONMENTAL JUSTICE 7
B. TITLE VI OF THE CIVIL RIGHTS ACT 7
C. OUTREACH, COMMUNICATIONS AND PARTNERSHIPS 8
D. ECONOMIC REDEVELOPMENT, JOBS, AND WORKER TRAINING 9
E. HEALTH, CUMULATIVE RISK, SYNERGISTIC EFFECTS, AND
MULTIPLE PATHWAYS 12
F. GEOGRAPHIC INFORMATION SYSTEMS (GIS) AND MULTIPLE
FACILITY INDICES 13
G. FEDERAL INTERAGENCY COOPERATION 14
H. INTERNATIONAL AND BORDER ISSUES 15
I. CONTRACTS AND GRANTS 15
J. INTERNAL TRAINING, ORGANIZATION, AND PROGRAM
IMPLEMENTATION 17
K. TRIBES AND NATIVE ALASKAN VILLAGES 17
CHAPTER 3
OSWER PROGRAM-SPECIFIC ENVIRONMENTAL JUSTICE ISSUES AND
ACTION ITEMS 19
A. RESOURCE CONSERVATION AND RECOVERY ACT 19
B. SUPERFUND 21
C. OIL POLLUTION ACT 22
D. UNDERGROUND STORAGE TANKS 22
E. CHEMICAL EMERGENCY PREPAREDNESS AND PREVENTION 23
F. TECHNOLOGY INNOVATION 23
G. FEDERAL FACILITIES 24
Mi
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TABLE OF CONTENTS
CHAPTER 4
OSWER ENVIRONMENTAL JUSTICE IMPLEMENTATION AND
REPORTING 27
A. DEVELOPMENT OF HEADQUARTERS AND REGIONAL
IMPLEMENTATION PLANS 27
B. LIVING DOCUMENT 30
C. PUBLIC FEEDBACK THROUGH THE NATIONAL ENVIRONMENTAL JUSTICE ADVI-
SORY COUNCIL (NEJAC) 30
D. REPORTING AND ACCOUNTABILITY PROCEDURES 31
E. KEY CONTACTS (ENVIRONMENTAL JUSTICE COORDINATORS) 32
F. ACCOMPLISHMENTS HIGHLIGHTS TO DATE 32
APPENDIX A
SUMMARY OF SELECTED ACTION ITEMS A -1
APPENDIX B
TEN POINT IMPLEMENTATION FRAMEWORK B -1
APPENDIX C
NEJAC SUBCOMMITTEE ON WASTE AND FACILITY SITING
MEMBERSHIP C - 1
APPENDIX D
OSWER ENVIRONMENTAL JUSTICE TASK FORCE MEMBERSHIP D - 1
APPENDIX E
OSWER ENVIRONMENTAL JUSTICE STEERING COMMITTEE
MEMBERSHIP E - 1
APPENDIX F
EPA ENVIRONMENTAL JUSTICE COORDINATORS F- 1
iv
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OSWER ENVIRONMENTAL JUSTICE ACTION AGENDA
CHAPTER 1
INTRODUCTION AND BACKGROUND ON
OSWER ENVIRONMENTAL JUSTICE
ACTION AGENDA
A. INTRODUCTION
Over the last decade, attention to the impact of environmental pollution on particular segments of
our society has been steadily growing. Community-based groups and other organizations, such as
academic and governmental agencies, have raised the issue that minority populations and/or low-income
populations bear disproportionately high and adverse human health and environmental effects from
pollution. This concern has resulted in a movement to assure environmental justice for all segments of our
society.
Several studies, conducted by a variety of organizations (e.g., National Law Journal, United
Church of Christ), have concluded that certain communities are at special risk from environmental threats.
These studies maintain that the implementation of key environmental laws have not historically provided
protection to all citizens and that certain populations are more vulnerable than others to health threats from
environmental pollution. Additionally, these studies suggest that vulnerabilities may stem from multiple
exposure situations exacerbated by other socio-economic factors, such as poor health care and lack of
adequate nutrition. In a 1992 U.S. Environmental Protection Agency (EPA) report, "Environmental
Equity: Reducing Risk in all Communities," an EPA workgroup found that, although large gaps in data
exist, enough is known with sufficient certainty for EPA to take action.
Whether based on studies or personal experiences, many individuals and groups have concluded
that the government must take these issues into account in its decision-making processes, research and data
collection. The environmental justice movement has contributed much to our current understanding of the
fear of and suffering from environmental pollution by the individuals and families living in low-income
communities and minority communities.
B. HISTORY LEADING TO THIS ACTION AGENDA
Executive Order 12898 on Environmental Justice
On February 11,1994, President Clinton issued Executive Order 12898, "Federal Actions
to Address Environmental Justice in Minority Populations and Low-Income Populations,"
(Executive Order) which focused the attention of Federal agencies on the environmental and
human health conditions of minority and low-income communities. The Executive Order directed
Federal agencies to develop environmental justice strategies by February 11, 1995 (deadline
amended to April 11, 1995), that identify and address disproportionately high exposure and
adverse human health or environmental effects of their programs, policies and activities on
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OSWER ENVIRONMENTAL JUSTICE ACTION AGENDA
B. HISTORY LEADING TO THIS ACTION AGENDA
minority populations and low-income populations. All agency strategies must consider enforcement
of statutes in areas with minority populations and low-income populations, greater public
participation, improvement of research and identification of differential patterns of subsistence
use of natural resources. The Executive Order also requires that agencies conduct activities that
substantially effect human health or the environment in a nondiscriminatory manner. In addition,
better data collection and research is required by the Executive Order and it declares that whenever
practicable and appropriate, future human health research must look at diverse segments of
population and must identify multiple and cumulative exposures. The Executive Order applies
equally to Native American programs.
Interagency Action Items
Early in her tenure as the EPA's Administrator, Carol Browner designated the pursuit of
environmental justice as one of the Agency's top priorities. To follow-up on this commitment,
Administrator Browner has taken a leadership role in helping Federal agencies implement the
Executive Order and chairs the Interagency Working Group established under the Executive
Order. The group's responsibilities include: identifying disproportionately high and adverse
health and environmental effects on minority populations and low-income populations; ensuring
consistency of Federal implementation of the Executive Order; assisting in research and coordination
of research efforts; coordinating data collection; and developing interagency model projects. EPA
staff, including representatives from the Office of Solid Waste and Emergency Response
(OSWER), serve on several of the Interagency Working Group's task forces. OSWER staff also
work directly with the staff of many other Federal agencies to develop interagency solutions to
many environmental justice issues that require additional legal authorities than those of EPA.
EPA's Environmental Justice Strategy
EPA released "Environmental Justice Strategy: Executive Order 12898" in May 1995.
The strategy describes environmental justice efforts in six cross-cutting mission areas including:
health and environmental research; data collection, analysis and stakeholder access to information;
enforcement and compliance assurance; partnerships, outreach, and communication with
stakeholders; Native American, indigenous, and Tribal programs; and integration of environmental
justice into all agency activities.
In EPA's strategy, the Administrator calls on each EPA office and Region to develop a
strategy or action plan to address environmental justice concerns. OSWER was the first program
office to develop an environmental justice strategy, which was done simultaneously with the
Agency-wide effort. OSWER worked to coordinate its efforts with the parallel activities of the
overall Agency efforts and, as a result, OSWER's Action Agenda supplements and enhances the
Agency's strategy.
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OSWER ENVIRONMENTAL JUSTICE ACTION AGENDA
B. HISTORY LEADING TO THIS ACTION AGENDA
Formation of OSWER Environmental Justice Task Force
On November 29, 1993, the Assistant Administrator of OSWER, Elliott P. Laws,
directed the formation of a task force to analyze environmental justice issues specific to waste
programs and to develop recommendations to address these issues. The OSWER
Environmental Justice Task Force (Task Force) was composed of more than 60 people and
included representatives from each OSWER program area (i.e., Resource Conservation and
Recovery Act, Superfund, Chemical Emergency Preparedness and Prevention, Federal
Facilities, Technology Innovation, Oil Pollution, and Underground Storage Tanks), EPA
Regional offices, and other EPA offices with an interest in waste programs and environmental
justice.
Three other Federal agencies, the Department of Justice (DO J), the Agency for Toxic
Substances and Disease Registry (ATSDR), and the National Institute for Environmental
Health Sciences (NIEHS) participated on the Task Force. In addition, representatives from
two professional associations of EPA employees with site cleanup responsibilities, the
National On-Scene Coordinators Association (NOSCA) and the National Association of
Regional Program Managers (NARPM) participated. Meetings were conducted on a regular
basis to identify and analyze the major OSWER environmental justice issues and to discuss
the Task Force's recommendations.
QSWER Environmental Justice Task Force Outreach and Draft Final Report
The Task Force conducted a series of outreach meetings with entities inside and
outside the Agency to gain comment from a broad spectrum of affected groups coping with
environmental justice issues. Responses were received from 17 stakeholders with suggestions
for the Task Force to consider. In addition, meetings were held, on March 15,1994, with
stakeholder groups to explore their comments. The Task Force also met with Congressional
staff, State, Tribal and local government representatives, environmental and community
group representatives, and labor and industry groups to get their comments on proposed
issues and recommendations.
Furthermore, Task Force members traveled to four EPA Regions (3,4,6, and 9) to
gain insight on Regional experience and activities regarding environmental justice. In
addition, the Task Force Chairman met with each Office Director of individual OSWER
programs to gain their input. The Task Force determined that environmental justice
stakeholders included: community organizations, nonprofit organizations, environmental
groups, business, industry, academia, Federal, State and Tribal governments and labor.
These efforts led to the publishing of the "OSWER Environmental Justice Task
Force Draft Final Report" (OSWER 9200.3-16 Draft) (Task Force Report) and its separate
executive summary document (OSWER 9200.3-16-1 Draft) on April 25, 1994. The Task
Force reports were published in draft final form and distributed for comment. This was done
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OSWER ENVIRONMENTAL JUSTICE ACTION AGENDA
C. GOALS FOR OSWER ENVIRONMENTAL JUSTICE
because EPA wanted to provide the National Environmental Justice Advisory Council
(NEJAC), which had not been in existence long enough to provide its comments. TheNEJAC
was formed, by EPA, under the authority of the Federal Advisory Committee Act (FACA),
to provide advise and information on environmental justice policies and issues.
A press conference was held on April 28,1994, and a stakeholders meeting was held
April 29, 1994, focusing on OSWER's key areas of environmental justice activity during
1994 and 1995. Since that time over 1700 copies of both the full draft final report and its
executive summary have been distributed. Numerous presentations, briefings and speeches
have been made by senior OSWER managers to stakeholder organizations and the public has
demonstrated a significant interest in the draft final report.
Implementation Process
In April 1994, Elliott P. Laws, OSWER Assistant Administrator, requested that the
EPA Regional offices and the OSWER program offices begin work on implementing the
recommendations outlined in the Task Force report. This request also asked the Regions to
involve the States, Tribes and other stakeholders in the development of their environmental
justice implementation plans. These implementation plans are now considered "living
documents" which are updated and improved as new challenges and opportunities in
environmental justice arise. A full description of the implementation process is included in
Chapter Four of this Action Agenda. A summary of key action items contained in those
implementation plans can be viewed in Appendix A of this report. A full report on
implementation progress and accomplishments, entitled "Waste Programs Environmental
Justice Accomplishments Report", is being released concurrently with this Action Agenda.
QSWER Action Agenda (Action Agenda)
This Action Agenda reflects the incorporation of NEJAC comments and describes
an ongoing process of addressing environmental justice. It should be viewed as a "living
document" which builds upon the two previously published documents. This Action Agenda
provides a concise summary of OSWER's current strategy and describes an implementation
process for ensuring that major issues, identified by the NEJAC and others, continue to be
recognized and addressed. The "NEJAC Ten Point Endorsement of OSWER Action
Agenda" document is contained in Appendix B.
C. GOALS FOR OSWER ENVIRONMENTAL JUSTICE
OSWER examined a variety of goals and focused on the two goals developed by the
Agency-wide Environmental Justice TaskForce. In EPA's "Environmental Justice Strategy:
Executive Order 12898," Administrator Browner wrote that our goals are to ensure that:
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OSWER ENVIRONMENTAL JUSTICE ACTION AGENDA
D. REPORT CONTENTS
"No segment of the population, regardless of race, color, national origin, or income,
as a result of EPA's policies, programs, and activities, suffers disproportionately from
adverse human health or environmental effects, and all people live in clean, healthy, and
sustainable communities.
Those who must live with environmental decisions - community residents, State,
Tribal and local governments, environmental groups, businesses — must have every
opportunity for public participation in the making of those decisions. An informed and
involved community is a necessary and integral part of the process to protect the environment."
The OSWER Action Agenda supports the Agency-wide goals. OSWER's action
items also coalesce around five of six environmental justice mission areas contained in
Executive Order 12898 and EPA's Environmental Justice Strategy:
1) health and environmental research;
2) data collection, analysis, and stakeholder access to information;
3) partnerships, outreach and communication with stakeholders;
4) Native American, Indigenous and Tribal programs; and
5) Integrating of environmental justice into all Agency's activities.
The sixth environmental justice mission area of enforcement and compliance review
is considered outside OSWER's authority, however, we worked closely with EPA's Office
of Enforcement and Compliance Assurance (OECA) when these issues arise.
D. REPORT CONTENTS
The "OSWER Environmental Justice Action Agenda" report describes the key
action items developed by OSWER over the last year and a half. The Action Agenda makes
a concerted effort to identify explicit actions, which can be taken by Headquarters and the
Regions. In Chapter Two, OSWER-wide environmental justice issues and action items are
discussed, while in Chapter Three, the program-specific issues and action items are the focus.
In addition to changes in policies or development of new guidance documents, specific
projects to be undertaken are also described. The process of implementingthese environmental
justice action items and the process of reporting progress is the subject of the final Chapter
Four.
This Action Agenda is supplemented by several appendices that aid the reader and
that serve as reference material. As mentioned above, a summary of key action items
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OSWER ENVIRONMENTAL JUSTICE ACTION AGENDA
D. REPORT CONTENTS
contained in Headquarters and Regional environmental justice implementation plans can be
viewed in Appendix A of this report. The "NEJAC Ten Point Endorsement of OSWER
Action Agenda" document is contained in Appendix B. Appendix C contains the names and
organizations of the current members of the NEJAC Subcommittee on Waste and Facility
siting. This subcommittee will continue to work with OSWER on implementation of this
Action Agenda. The OSWER Environmental Task Force members that worked on the Task
Force Report, from December 1993 through April 1995, are contained in Appendix D. As
OSWER began working on implementation plans, the OSWER Environmental Justice
Steering Committee was formed and the current membership of that group is identified in
Appendix E. Aiding in implementation of the environmental justice strategies, Appendix F
lists EPA's and OSWER's Environmental Justice Coordinators who serve as a single point
of contact on and coordination of environmental issues.
The choice of terms in this report deserves some explanation. The Action Agenda,
like EPA's "Environmental Justice Strategy: Executive Order 12898", uses the term
"minority" rather than "people of color" in order to be consistent with the Executive Order,
but EPA is mindful and supportive of many communities' desire to use "people of color."
The Action Agenda uses of the term indigenous to refer to all people within the boundaries
and territories of the United States regardless of their affiliation with a federally-recognized
Tribe. However, the Agency recognizes various terminology preferences among native
people and will strive to respect and utilize appropriate language on a case-by-case basis in
its interactions with native constituents.
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OSWER ENVIRONMENTAL JUSTICE ACTION AGENDA
CHAPTER 2
OSWER-WIDE ENVIRONMENTAL JUSTICE
ISSUES AND ACTION ITEMS
The OSWER action items form a strategy for addressing the key environmental justice issues
raised by the many studies and evaluations conducted over the last decade. The overall strategy
makes a concerted effort to identify, in detail, explicit actions, both OSWER-wide and program-
specific, which can be taken by Headquarters and the Regions to address environmental justice
issues. The full description of these action items can be found in the original Task Force report and
in the individual Headquarters and Regional implementation plans.
The issues and action items fall into two main divisions: those which cut across all OSWER
waste programs and those which primarily are directed to a specific OSWER administered program.
OSWER-wide issues/action items fall into the following categories: guidelines for environmental
justice; Title VI of the Civil Rights Act; outreach, communication, and partnerships; economic
redevelopment, jobs and worker training; health, cumulative risk, synergistic effects, and multiple
pathways; geographic information systems and multiple facility indices; Federal interagency
cooperation; international and border issues; contracts and grants; internal training, organization and
program implementation; and Tribal and Native Alaskan villages issues. In response to comments
received from the NEJAC, the health and cumulative risk area has been expanded and the new
category, dealing with international and border issues, has been added.
The following sections briefly summarize the major action items for the OSWER-wide
issues. The program-specific issues will be dealt with in more detail in Chapter Three of this Action
Agenda.
A. GUIDELINES FOR ENVIRONMENTAL JUSTICE
As a part of Executive Order 12898, the President ordered the designated agencies
to address the issue of defining environmental justice issues and the communities that may
be impacted. OSWER supports this ongoing effort and will work to communicate and
implement the environmental justice definitions that the Interagency Working Group
develops.
B. TITLE VI OF THE CIVIL RIGHTS ACT
OSWER is exploring its role in the use of Title VI of the Civil Rights Act of 1964
(Title VI), as amended, to achieve environmental justice. EPA's regulations implementing
Title VI, codified at 40 CFR Part 7, require that any program or activity receiving Federal
financial assistance be implemented in a manner that does not have the effect of discriminating
based on race, color, or national origin. Complaints filed under Title VI are processed by
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OSWER ENVIRONMENTAL JUSTICE ACTION AGENDA
C. OUTREACH, COMMUNICATIONS AND PARTNERSHIPS
EPA's Office of Civil Rights (OCR). When a Title VI investigation involves the permitting
of a waste management facility, OCR, with assistance from OSWER, conducts a careful
review of EPA and State standards and procedures to ensure that EPA's Title VI regulations
have not been violated. OSWER recommends, consistent with OCR policy, the use of
informal means to resolve Title VI complaints.
OSWER will work closely with OCR, the Office of General Counsel, Regional
offices, and the Department of Justice to resolve Title VI complaints and conduct compliance
reviews. An OSWER staff person has been temporarily reassigned to OCR to familiarize
OCR staff with the Resource Conservation and Recovery Act (RCRA) permitting process.
OSWER will also explore other ways to ensure that recipients of EPA assistance
comply with Title VI to minimize the need for communities to resort to filing complaints.
Examples include: encouraging meaningful participation by all stakeholders at the earliest
possible time, as described in OSWER's proposed rule entitled "RCRA Expanded Public
Participation and Revisions to Combustion Permitting Procedures" (Federal Register, June
2,1994); working with stakeholders to examine alternate sites for the facility; and using other
dispute resolution techniques to address alleged discriminatory impacts of a proposed action.
C. OUTREACH, COMMUNICATIONS AND PARTNERSHIPS
OSWER is seeking ways to improve communications, develop trust and involve the
affected communities. To that end, OSWER worked to establish a subcommittee, of the
NEJAC, to specifically provide advice and consultation to OSWER on environmental justice
issues. This group is known as the Subcommittee on Waste and Facility Siting (Subcommittee)
and in response to their comments, OSWER has committed to working with the Subcommittee
to develop an outreach strategy for this Action Agenda and to develop a public participation
model for all government agencies to use when they are seeking input from a community.
OSWER has also adopted the NEJAC recommendation that Regional managers visit several
local communities annually for the purpose of listening to the communities' views on
environmental justice issues. A major action item was accomplished by OSWER when a
directive was issued by the Assistant Administrator that requires all future OSWER policies
and regulations to consider environmental justice implications before they are issued.
OSWER programs have several additional initiatives already under way. In many
communities, Local Emergency Planning Committees (LEPCs) have detailed information
about chemical hazards. OSWER is examining how to ensure that community environmental
justice leaders have access to information from and are represented on LEPCs. In addition,
OS WERcontinues to explore methods to expand public participation in waste programs. Our
Superfund strategy includes the use of Community Advisory Groups (CAGS) at Superfund
sites with 14 sites having been identified for possible CAG pilots. When finalized (expected
in the fall of 1995), the RCRA Public Participation Rule will expand community input in the
permitting process. This Public Participation Rule will also apply to State permit processes,
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OSWER ENVIRONMENTAL JUSTICE ACTION AGENDA
D. ECONOMIC REDEVELOPMENT, JOBS, AND WORKER TRAINING
where the RCRA program has been authorized for State administration. More effective
community involvement is also being evaluated in the agency-wide permits improvement
process. A more detailed discussion of these initiatives are presented in Chapter Three in the
program-specific sections.
Communities have made it clear to EPA that they need proper training of community
residents and other tools to fully and effectively participate in the OSWER program
processes. OSWER has developed several pilots that respond to this request by providing
communities with training and other empowerment tools. Some of these community training
initiatives overlap with worker training initiatives (which are more fully described in the next
section), such as NIEHS, Department of Energy (DOE), Department of Transportation
(DOT), Department of Housing and Urban Development (HUD), Department of Health and
Human Services (HHS), Department of Labor (DOL) and Department of Education (DOEd)
training efforts. OSWER has also worked with HUD and the United States Department of
Agriculture (USDA) community empowerment programs to provide additional tools to
communities. OSWER has gone directly to community and non-profit organizations to
provide tools and outreach.
Regions are to conduct public forum meetings for outreach on environmental justice
issues. OSWER has endorsed aNEJAC recommendation to have Regional senior management
periodically visit communities with environmental justice issues. Administrator Carol
Browner has set an example for this recommendation by committing to visit 12 such
communities over 12 months. OSWER and the Regions are also exploring the creation of
business and industry, stakeholder and other types of public/private partnerships to address
environmental justice concerns. Finally, OSWER program offices and the Regional offices
are proactive in the use of the Agency's computer geographic information systems (GIS) to
identify potential geographic areas of environmental justice concern (e.g., define potential
patterns of inequity by understanding demographics around sites and facilities).
D. ECONOMIC REDEVELOPMENT, JOBS, AND WORKER TRAINING
OSWER has addressed a number of economic redevelopment action items through
"brownfield" and job and worker training initiatives. These are an integral part of environmental
justice because there is a concern that communities with minority populations and low-
income populations not only bear a disproportionate share of human health and environmental
risks but also bear a disproportionate share of economic distress. This may occur because
these populations are often concentrated in older urban or rural areas where pollution remains
after the industries that caused the pollution have left the area.
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OSWER ENVIRONMENTAL JUSTICE ACTION AGENDA
D. ECONOMIC REDEVELOPMENT, JOBS, AND WORKER TRAINING
EPA's Brownfields Economic Redevelopment Action Agenda
Redevelopment at abandoned or underused industrial and commercial properties -
- or "brownfields" sites—is frequently complicated by potential environmental contamination.
On January 25,1995, EPA Administrator Carol Browner announced the Brownfields Action
Agenda to help facilitate the cleanup of contaminated properties and address the twin goals
of economic development and environmental justice, especially in our urban centers.
Brownfields Pilots
As one aspect of the Brownfields Action Agenda, the Agency is funding 50
Brownfields Pilots across the country during 1995 and 1996 with up to $200,000 in seed
money. States, political subdivisions thereof, and Indian Tribes (limitations imposed by
statute through which the grants are authorized) will use these awards for site assessments;
to direct special efforts toward removing regulatory barriers without sacrificing protectiveness;
and to bring community groups, investors, lenders, developers and other affected parties
together to cleanup and redevelop brownfields. The pilots will help build an enduring
capacity at the state and local levels for encouraging cleanups and redevelopment.
NEJAC Public Dialogues on Brownfields
EPA has begun working closely the NEJAC on the Brownfields issue. In January
1995, the Deputy Assistant Administrator for Office of Solid Waste and Emergency
Response (OSWER) solicited comments from the NEJAC Waste and Facility Siting
Subcommittee on the Brownfields Action Agenda. In turn, the Subcommittee requested that
OSWER co-sponsor public dialogues on "Urban Revitalization and Brownfields: Envisioning
Healthy and Sustainable Communities" which will take place during 1995 in Boston, MA
(June 5), Philadelphia, PA (June 7), Detroit, MI (June 9), San Francisco, CA (July 18), and
Atlanta, GA (July 20). Through these dialogues the NEJAC will solicit input from the
environmental justice community. EPA has committed that the dialogues will have a
demonstrable role in shaping the Brownfields Action Agenda.
As the Brownfields Action Agenda moves forward, EPA expects to continually
work with the representatives of communities and environmental justice organizations on the
national and local level. OSWER will also work in coordination with other Federal agencies,
includingthe Economic Development Administration oftheU.S.Departmentof Commerce,
and the pre-established HUD and USDA Empowerment Zones and Enterprise Communities
(EZ/ECs).
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OSWER ENVIRONMENTAL JUSTICE ACTION AGENDA
D. ECONOMIC REDEVELOPMENT, JOBS, AND WORKER TRAINING
Jobs and Worker Training
OSWER views the matter of employment and training as critical to the effective
implementation of the environmental justice action agenda. OSWER recognizes that an
effective jobs program must involve all segments of the community including residents,
community organizations, owners, contractors, labor organizations, schools, community
colleges and other training organizations.
OSWER has initiated a number of activities to assure that residents of communities
have the opportunity to fully participate in these environmental restoration and economic
development programs including assistance to local contractors and offering and employment
programs for members of affected communities.
OSWER has targeted the Cuyahoga Community College (Tri-C) in Cleveland as a
pilot for development of a curriculum to train students on environmental issues and prepare
them for employment in hazardous materials cleanup activities. Tri-C is not only developing
a two-year degree program to train local citizens for jobs in the environmental field, but is
also designing training activities to encourage public school children to develop an interest
in environmental careers. The Hazardous Materials and Research Institute (HMTRI), a
consortium of community colleges, will increase the number of community colleges offering
environmental work force training programs. This consortium will conduct national workshops
for community colleges which are located in communities near 50 brownfield pilot sites.
These colleges must also demonstrate a commitmentto developing community outreach and
environmental justice action items. The Rio Hondo Community College jobs-training pilot
will build a partnership with a large state-of-the-art landfill. The pilot will provide job
training opportunities in landfill management and a wide range of solid waste management
technologies. Rio Hondo is predominantly a minority and low-income community. Special
emphasis will be given to recruiting community members into the jobs-training pilot.
OSWER is exploring additional options to expand these training efforts (e.g., working with
labor unions and DOL, DOEd, HUD, and HHS.)
OSWER is working with NIEHS on pilots for training of hazardous waste workers
to improve communications between workers and communities and to enhance safety and
protection. In 1994, Congress appropriated $3 million for a minority worker training
program .This program will test a range of strategies for the recruitment and training of young
persons, who live near hazardous waste sites for work in the environmental field. The
program was prescribed to include pre-employment training, including literacy and life
skills, as well as environmental worker training, including hazardous waste, asbestos, lead
abatement and health and safety training. This program is designed to lead to entry into
apprenticeship programs and actual employment in environmental remediation work.
OSWER has initiated a dialogue with the contractor and labor communities to stress
the importance of environmental justice concerns. OSWER is also working with State, Tribal
and local governments to promote employment opportunities in communities. A fuller
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OSWER ENVIRONMENTAL JUSTICE ACTION AGENDA
E. HEALTH, CUMULATIVE RISK, SYNERGISTIC EFFECTS, AND MULTIPLE
PATHWAYS
description of these efforts is contained in the Contracts and Grants section of this report.
There are additional action items in this report that deal with economic redevelopment, jobs,
and training. Other sections include Outreach, Communication and Partnerships, Contracts
and Grants, and Federal Intergovernmental Cooperation.
E. HEALTH, CUMULATIVE RISK, SYNERGISTIC EFFECTS, AND
MULTIPLE PATHWAYS
As a result of the many studies and concerns expressed regarding populations
exposed to multiple sources or contaminants, OSWER supports the Agency-wide efforts to
develop scientifically valid standards to measure cumulative risk. EPA is moving forward
with using several different approaches to address cumulative risk issues across the Agency.
The Science Policy Council (SPC) is actively working to improve and expand EPA's risk
assessments by addressing multiple sources and pathways, synergistic effects, cumulative
exposure and environmental justice. The SPC Subgroup on Multipathway-Multisource
Human Exposure has outlined the tasks, with proposed time frames, necessary to move
toward achieving this goal. EPA also recognizes the need to continue research on cumulative
risk issues and the need to involve the communities in identifying potential exposures and
sensitive sub-populations. The Office of Research and Development (ORD) has several
studies underway to evaluate cumulative risk by relating human exposure to chemical
mixtures to epidemio logical human health data for defined environmental justice populations/
communities. In addition, OSWER continues to work with ORD and the NEJAC Health and
Research Subcommittee in dealing with the issue of cumulative risk.
Some of EPA's Regional offices are also working on cumulative risk action items.
For example, Region 3 has initiated the Chester City Risk Study and the South/Southwest
Philadelphia Risk Study to develop scientifically valid standards to measure cumulative risk.
This is an attempt at understanding multiple exposures and multiple pathways utilizing over
25 different sources of environmental data. The health risks added to an already stressed
community will be reviewed for additive contribution. The final result of this pilot will not
be a calculated single risk number, but rather a pictorial depiction of relative risk overlaid
onto community maps utilizing a GIS. Risk "hot spots" will be calculated and neighborhoods
needing priority mitigation consideration may be identified. The Region 3 air, water, and
waste management programs can then respond in a more coordinated manner.
Medical Assistance Plan
In the summer of 1994, EPA requested assistance from the Public Health Service
(PHS) to .respond to health concerns of communities living near hazardous waste sites by
improving delivery of existing medical services to communities with potential exposures to
hazardous substances, and by building environmental health expertise in communities
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OSWER ENVIRONMENTAL JUSTICE ACTION AGENDA
F. GEOGRAPHIC INFORMATION SYSTEMS (GIS) AND MULTIPLE FACILITY
INDICES
through physician training and placement. In response to this request, the Superfund Medical
Assistance Work Group (SMAWG) was established and a plan was developed. The Medical
Assistance Plan (MAP) consists of six elements, and is implemented in three phases. The
utilization of these elements will vary according to a community's need for assistance and
the availability of budget and personnel resources. The first phase will assess the health care
needs and concerns of the community and evaluate the primary care capacities in that
community. The second phase consists of five components including technical assistance to
local agencies and health care providers; environmental health education for health care
providers; medical testing for residents assessing any health effects possibly related to
hazardous substance exposure; referral to specialty clinics or specialists; and medical follow-
up of persons with documented exposures to hazardous substances or with adverse health
conditions related to possible exposures. A third phase will include the evaluation of the
effectiveness of the services. The U.S. Department of Health and Human Services (HHS) and
EPA are working on the medical assistance pilots in three communities. In FY 1996, EPA
and HHS will consider funding pilot efforts for five more sites.
F. GEOGRAPHIC INFORMATION SYSTEMS (GIS) AND MULTIPLE
FACILITY INDICES
EPA, in conjunction with other Federal agencies, is working to collect, analyze and
provide public access to environmental justice data. The Agency is currently using and
evaluating several tools for this effort. These tools, such as GIS and other information
management systems focus on demographics, pollution sources and geography. The uses of
GIS for OSWER environmental justice analysis stem from its ability to organize and
geographically present pollution sources and detailed demographic information, including
minority populations and low-income populations, that surround OSWER sites and facilities.
OSWER is also working with other EPA offices on issues related to the quality,
availability and usefulness of these systems. Each of EPA's Regional offices are utilizing
GIS and other information systems to better understand the environmental issues in their
Regions. As discussed earlier, Region 3 used GIS to identify a community of potentially high
risk to focus some of their environmental justice initiatives. Other Regions, such as Region
6, are using GIS to better understand the communities around Superfund sites.
In another effort to give the public increased access to geographic based information
on pollutants, demographics, and facilities, OSWER, in a collaborative effort with the
Department of Commerce (DOC) through their Bureau of the Census (Census) and the DOC
National Oceanic and Atmospheric Administration (NOAA), has developed LandView II™
(LandView), a computer compact disk-read only memory (CD-ROM) publication of
environmental, geographic, and demographic information. LandView integrates demographic
and economic information, as well as information from several of EPA's program databases.
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OSWER ENVIRONMENTAL JUSTICE ACTION AGENDA
G. FEDERAL INTERAGENCY COOPERATION
The information contained in this system will assist local communities as they participate in
decision-making processes.
G. FEDERAL INTERAGENCY COOPERATION
EPA does not have the resources or legal authority to address all environmental
justice issues. OSWER is emphasizing partnerships with all affected stakeholders to achieve
environmental justice. There are several major issues that require extensive coordination at
the Federal, State, and local level with all stakeholders, including affected communities. For
example, pilot activities at Superfund sites highlight the need for extensive involvement by
public health agencies in order to address public health concerns associated with environmental
contamination. In addition, major economic redevelopment activities, such as the
"brownfields" initiative, will require extensive coordination with other Agencies and
community organizations. These pilot activities are expected to highlight options and
opportunities for leveraging resources from different sources to achieve environmental
justice goals.
Several OSWER programs have extensive interaction with other Federal agencies,
such as the Agency for Toxic Substances and Disease Registry (ATSDR) and the National
Institute of Environmental Health Sciences (NIEHS). OSWER is a participant in the Federal
Interagency Working Group and is coordinating its efforts with those of the larger group.
Both ATSDR and NIEHS participated on the OSWER Task Force and in the development
of this Action Agenda. OS WERhas agreed to continue coordinating efforts on environmental
justice activities with these agencies.
OSWER is also working with many other Federal agencies to develop potential
environmental justice pilots or projects. To date, OSWER has held discussions with over
twenty different offices within other Federal agencies. Specific action items include:
continuing to participate in the minority health program of ATSDR (e.g., Mississippi Delta
Project), working to improve communications between workers and communities to
enhance safety and protection, and working together with other Federal agencies to address
issues raised at specific sites or areas with environmental justice concerns, such as the Whole
House Initiative, where EPA is working with HUD, DOE and other agencies to coordinate
their respective program on a variety of risk-reduction and job-training efforts in low-income
housing areas. There are also examples of interagency projects present throughout the Action
Agenda, such as the Community Empowerment Programs mentioned above in the economic
redevelopment section. The Regions, such as Region 6, have also initiated interagency
cooperative efforts to solve issues that are beyond the legal authorities of EPA. Additional
examples of federal interagency cooperative efforts follow. The U.S. Department of Health
and Human Services (HHS) and EPA are working on the medical assistance pilots (MAPs)
in communities. A fuller description of MAPs is contained in the Health, Cumulative Risk,
Synergistic Effects, and Multiple Pathways section of this report. EPA is working with
NIEHS to establish pilots for a $3 million minority worker training program aimed at young
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OSWER ENVIRONMENTAL JUSTICE ACTION AGENDA
I. CONTRACTS AND GRANTS
people living in areas targeted for cleanup. Since training hazardous material workers is an
interagency activity, EPA will also coordinate with DOE and DOT training efforts. A fuller
description of this program is contained in the Economic Redevelopment, Jobs and Training
section of this report.
H. INTERNATIONAL AND BORDER ISSUES
An area of increasing concern, expressed by the NEJAC and many others, involves
international issues that have environmental justice implications. Some issues have been
generated as a result the North American Free Trade Agreement (NAFTA) and other border
issues with Mexico and Canada. Other international environmental justice issues deal with
the international transportation of wastes to developing countries.
Communities, located along the border between the U.S. and Mexico, are among the
poorest in the U .S., with more than 20 percent of the border residents living below the poverty
level (the comparable national average is twelve percent.) Many new action items have
begun addressing issues affecting these communities. With the passage ofNAFTA, a number
of changes are expected in the movement and generation of hazardous wastes. To work on
addressing these issues, NAFTA created the North American Commission on Environmental
Cooperation. Also, OSWER and two Regions have members on a multi-nation and multi-
agency subgroup, of this commission, working on these border issues.
OSWER programs are also addressing individual components of this problem.
OSWER was involved in an aggressive site/facility identification process. A binational
database, HAZTRACKS, has been developed that records "cradle to grave" shipment of
imported and exported wastes between the U.S. and Mexico. Under the OSWER chemical
emergency program, U.S. cities have entered into chemical accident response agreements
with several Mexican cities. The cooperation established by these agreements could serve
as the basis for environmental justice activities on the Mexican border.
OSWER staff has been working aggressively on the export/import issue. In 1994,
EPA sent the Clinton Administration's principles for waste export and import legislation to
Congress. If enacted, such legislation would enable the U.S. to ratify the 1989 "Basel
Convention" (the first major international agreement on exports and imports of hazardous
wastes, municipal wastes, and municipal incineration ash) and ban exports of covered wastes
outside of North America, with exceptions in limited circumstances.
I. CONTRACTS AND GRANTS
In exploring the use of contracts and grants to achieve environmental justice
objectives, OSWER found many limitations imposed by existing regulations for both grants
and procurement linked to existing requirements for the competitive processes for both
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OSWER ENVIRONMENTAL JUSTICE ACTION AGENDA
I. CONTRACTS AND GRANTS
Federal and State contracting. However, OSWER can still take action in this area by
encouraging our contractors to hire persons in "labor surplus" areas (usually areas of high
unemployment) and establishing monetary incentives to encourage subcontracting to small
disadvantaged businesses. OSWER will also work with the Office of Acquisition Management
and the Office of Small and Disadvantaged Business Utilization to expand the use of the
contractor Mentor-Protege program. This EPA program is designed to stimulate the
participation of small and disadvantaged businesses in EPA contracts by fostering long-term
relationships between large contractors and small and disadvantaged businesses. In addition,
OSWER has begun the dialogue with our contractor community to stress the importance of
environmental justice and the need for reemployment in areas with environmental justice
concerns. OSWER has met twice with the Hazardous Waste Action Council (HWAC), a
contractor association, to discuss these issues.
OSWER is working with both State, Tribal and local governments, to promote the
use of labor from the impacted communities and more contractor interaction with the
community. For example, on December 3, 1994, EPA, in cooperation with the Louisiana
Department of Environmental Quality and the City ofNew Orleans, sponsored a Community
Economic Partnership seminar. The seminar promoted opportunities for local communities
by providing practical tools needed for businesses to become eligible to participate in Federal
contracting. These tools included workshops and panels with representatives from financial
institutions, training centers, and labor unions. It also provided an excellent forum for
participants to network directly with EPA prime contractors on subcontracting opportunities,
as well as Federal, State, and local agencies who provided information on their contract
opportunities.
The Agency is committed to further piloting these seminars. We are also hopeful
that through our Mentor-Protege program, small and minority firms will develop the
necessary expertise to compete successfully in future EPA contract opportunities. In addition
to EPA's efforts to assist smaller firms, the DOC, through its Minority Business Agency,
funds Minority Business Development Centers throughout the country which provide
management and technical assistance to individuals and minority enterprises. Also, the
Small Business Agency sponsors a number of programs to provide assistance to small firms.
Its Small Business Institute Program gives small business owners an opportunity to receive
intensive management counselling from qualified universities and from the Service Corps
of Retired Executives.
In the longer term, OSWER will also explore the need for regulatory change in
coordination with other Agency efforts to expand the ability to use contracts and grants to
achieve environmental justice objectives. This report also refers to grants and contracts
environmental justice action items in the sections dealing with Outreach, Communication
and Partnerships, Economic Redevelopment, Jobs and Training, Federal Interagency
Cooperation and the individual program areas.
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OSWER ENVIRONMENTAL JUSTICE ACTION AGENDA
K. TRIBES AND NATIVE ALASKAN VILLAGES
J. INTERNAL TRAINING, ORGANIZATION, AND PROGRAM
IMPLEMENTATION
OSWER has made changes to its internal structure and how it currently operates to
make environmental justice a normal part of the way we conduct OSWER programs. A clear
focal point has been established with access to senior management to coordinate issues
related to environmental justice, community outreach, State/local/Tribal government and
economic redevelopment issues. This new office is called the Outreach and Special Projects
Staff (OSPS). In addition, OSWER's existing Ombudsman office is another point of contact
for communities when they are not able to find the appropriate office to respond to their
concerns or if they need assistance in resolving their issues. The OSWER Ombudsman,
Robert J. Martin, can be reached toll-free at 1-800-262-7937.
OSWER has also established the OSWER Environmental Justice Implementation
Steering Committee, which includes representatives from all program offices and the lead
Regional offices. The Steering Committee's mission includes promoting an organizational
culture which fosters environmental justice. One of the OSWER Deputy Assistant
Administrators has been designated as the senior organizational focal point for environmental
justice issues and activities, with support from environmental justice coordinators from the
Assistant Administrator's staff and the Regions.
Another action item includes the development of hotline procedures for OSWER-
specific environmental justice issues. OSWER's combined hotline for RCRA, UST
(Underground Storage Tanks), Superfund and EPCRA (Emergency Planning and Community
Right-to-Know Act) can be reached toll-free at (800) 424-9346 or (800) 535-0202 or locally
to the Washington, DC Area at 703-412-9810. Telecommunications device for the deaf
(TTD)access is available at(800) 553-7672. In addition, OSWER will work with the Regions
to ensure that all employees working on waste programs are informed on environmental
justice.
In addition, changes to implementation of the programs in the Regions were also
considered. One key action item is that each Region look across their waste programs and
select one additional project to pilot creative new ideas for addressing environmental justice
concerns in a specific geographic area. Regions will nominate the most appropriate project
within their Region.
K. TRIBES AND NATIVE ALASKAN VILLAGES
OSWER and many Regions have efforts underway to address environmental justice
issues involving Tribal and native Alaskan villages, which are unique because of the
intergovernmental aspects. OSWER is committed to the Agency's "government-to-
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OSWER ENVIRONMENTAL JUSTICE ACTION AGENDA
K. TRIBES AND NATIVE ALASKAN VILLAGES
government" interactions as part of the process for addressing American Indian, Alaska
Native and Indigenous environmental justice concerns. Where environmental issues for
American Indian, Alaska Native and Indigenous peoples are not classified as government to
government, they will be addressed elsewhere in this report under the appropriate section.
On Indian lands, management of solid waste is usually more of a concern than
hazardous waste management. To address these issues, OSWER has increased financial and
technical assistance to Tribal governments to assist them in developing comprehensive solid
waste management plans or programs that provide a variety of options for waste management.
Additionally, OSWER will very shortly publish regulations that will enable tribes to obtain
solid waste permit program approval from EPA, similar to State permit programs. Solid
waste landfill owners/operators in an "approved" Tribe are generally afforded greater
flexibility in meeting the solid waste landfill criteria. To date, OSWER has tentatively
approved two tribal permitting programs; a third is expected shortly.
OSWER has also increased tribal training opportunities and has encouraged and
supported regional projects that join communities together in waste management. OSWER
is also exploring the initiation of pilots with other Federal agencies to implement environmental
program activities on Tribal lands and sponsored a second National Tribal Conference on
Environmental Management. In addition, OSWER has initiated a pilot project to provide
access to environmental information on the "IndianNet", an electronic communication
network for Tribes and Alaskan native villages.
Currently, EPA has responsibility for implementing and enforcing the hazardous
waste regulations in Indian country. However, for those Tribes that are interested in
developing a hazardous waste program, the Agency will soon propose regulations which
provide for authorization of Tribal hazardous waste programs, in a manner similar to the
States. Once authorized, Tribes will assume authority over hazardous waste management in
lieu of the Federal government. Under the proposed rule, Tribes will also be eligible for grant
assistance to implement the hazardous waste program; such funding is currently available
only to authorized States.
While OSWER did seek comment from Tribal and Native Alaskan village
representatives on the OSWER strategy, OSWER believes it has not received sufficient
comments. In coordination with the NEJAC, OSWER is conducting a special solicitation
from all the Federally recognized Tribes and Native Alaskan villages. While this effort is
underway, during the summer of 1995, this section will remain an open section.
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OSWER ENVIRONMENTAL JUSTICE ACTION AGENDA
CHAPTER 3
OSWER PROGRAM-SPECIFIC
ENVIRONMENTAL JUSTICE
ISSUES AND ACTION ITEMS
In addition to the OSWER-wide issues, environmental justice presents unique challenges and
opportunities that each OSWER program office must address. The following sections describe the
action items, on a program-specific basis, that will be implemented by the individual OSWER
program offices in cooperation with the EPA Regions.
The issues and action items for the Resource Conservation and Recovery Act (RCRA)
program focus primarily on siting, permitting, State programs and corrective action. Superfund
issues and action items are primarily concerned with meaningful community involvement, site
assessment, risk assessment/risk management, and Tribal and Native Alaskan village issues. The oil,
preparedness, underground storage tank, technology innovation and Federal facilities programs all
have critical outreach issues and action items, as well as more specific items.
A. RESOURCE CONSERVATION AND RECOVERY ACT
In the area of hazardous waste management, OSWER is examining means to factor
environmental justice into the permitting process and the corrective action cleanup process.
To that end, OSWER has included language in the Fiscal Year (FY) 1996 RCRA
Implementation Plan guidance to encourage Regions and States to fully consider environmental
concerns as they arise during RCRA permitting and corrective action processes.
With regard to permitting activities, for FY 1996, Regions and States should
continue their commitment to look for opportunities to address patterns of disproportionately
high and adverse environmental effects and human health impacts on low-income and
minority communities that may result from hazardous waste management activities. Regions
and States should commit to conducting at least one environmental justice pilot project in an
area that is targeted in FY 1996 for priority permitting activities. These pilot projects could
involve various activities including: increasing public involvement by tailoring outreach
activities to affected communities, factoring unique environmental justice considerations
into public health surveys or assessments, evaluating demographics (e.g., examine population
and income levels at various RCRA sites), and including specific permit conditions to
address demographic concerns.
With regard to corrective action activities, several Regions have developed their
own strategies to address environmental justice issues. OSWER encourages these efforts,
and urges Regions and States to routinely consider environmental justice when implementing
corrective actions as national guidance in this area is developed.
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OSWER ENVIRONMENTAL JUSTICE ACTION AGENDA
A. RESOURCE CONSERVATION AND RECOVERY ACT
Environmental justice concerns will most typically come into play in establishing
corrective action priorities for the facility. Although the numeric priority-setting process,
known as theNational Corrective Action Prioritization System (NCAPS), does not specifically
address environmental justice concerns, there may be situations where a facility's NCAPS
ranking is medium or low, but where environmental justice issues indicate the need to elevate
the corrective action priority of the facility. In such cases, the facility should be given a high
"overall" priority ranking to account for those environmental justice issues. Environmental
justice may also be addressed through more intensive public outreach in implementing
corrective actions at facilities.
OSWER is also looking to expand the role for public participation in the RCRA
permitting process as administered by EPA and the States. On June 2, 1994, OSWER
published a proposed rule entitled: "RCRA Expanded Public Participation and Revisions to
Combustion Permitting Procedures," in order to increase the dialogue on the role of public
involvement in the permitting process. OSWER is currently evaluating the extensive public
comments received on the proposed rule, which is scheduled to be finalized in the fall of
1995. When finalized, this Public Participation Rule will apply to EPA permit processes and
will also apply to State permit processes, where the RCRA program has been authorized for
State administration. OSWER received additional input on public participation through a
series of public forums held by the Agency's Permit Improvement Team, established to
implement the relevant recommendations of the Agency's National Performance Review.
OSWER has also performed demographics research to examine populations and
income around various combustion sites to examine possible disproportionate impacts.
Although the preliminary results of the cement kiln or incinerator demographic studies do
not suggest that any one type of population is significantly impacted on a national level, the
data do indicate that there are select communities with high levels of minority residents or
poverty -level residents surrounding combustion facilities that warrant further investigation.
OSWER will continue analysis in these areas.
A major initiative in OSWER currently is the Waste Information Needs (WIN)
project, through which OSWER, the Regions, and States are evaluating information
currently reported and collected as part of the RCRA program and determining what are the
RCRA data needs for the future. As part of the WIN initiative, OSWER will be looking to
ensure that environmental justice issues are addressed. Specifically, OSWER is looking at
mechanisms to improve public access to waste information in their communities.
For Tribes and Native Alaskan villages, the RCRA program is pursing many
initiatives to improve the handling of waste programs on Indian lands. These initiatives are
described in some detail in chapter three of this report in the section on Tribes and Native
Alaskan Villages
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OSWER ENVIRONMENTAL JUSTICE ACTION AGENDA
B. SUPERFUND
B. SUPERFUND
In February 1994, the Clinton Administration proposed legislation to amend and to
reauthorize the Superfund law. Several key provisions in the bill impacting environmental
justice included:
A requirement that standards be promulgated and procedures be developed for
assessing risks from multiple sources;
A requirement that multiple sources of risk be taken into account when determining
cleanup priorities;
A requirement that demonstration projects be conducted related to multiple sources
of risk at designated facilities;
A requirement that under certain circumstances, the provision of health benefits be
consideredfor communities surrounding facilities that are the subjectofdemonstration
projects; and
A requirement that an offer be made to form Community Advisory Groups (CAGs)
for factoring stakeholder input into specific site cleanup activities.
Although the legislation did not pass in 1994, EPA has proposed a series of
Superfund Administrative Reforms that will, within existing law, address some of
these provisions.
The Superfund program is focusing on several areas of concern. One of the most
significant areas is that of community involvement and outreach. A major action item, which
also resembles provisions of the Administration's proposal to amend Superfund, is the
establishment of CAGs for selected sites with environmental justice concerns. Regions have
preliminarily identified 14 sites for possible implementation of CAG pilots and will
implement CAG activities at a minimum often sites by the end of FY 1995. The CAG pilots
will encourage early community participation in the Superfund process with all affected
stakeholders, including environmental justice communities. Groups will provide input on
key issues such as future land use and proposed remedies. The OSWER's Office of
Emergency and Remedial Response (OERR) has developed draft guidance describing the
membership, functions, objectives and scope of authority for CAGs at Superfund sites. The
draft guidance recommends several models for communities to choose from when they form
a CAG. It encourages, to the extent possible, that membership in the CAG reflect the
composition of the community near the site and the diversity of local interests. The draft CAG
guidance also specifies that at least half of the members of the CAG should be local residents.
The draft guidance has been sent to members of the NEJAC Subcommittee on Waste and
Facility Siting for their review and comment.
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OSWER ENVIRONMENTAL JUSTICE ACTION AGENDA
D. UNDERGROUND STORAGE TANKS
In addition, Regions will work with other Federal agencies to establish, for sites with
issues beyond the scope and jurisdiction of Superfund, interagency work groups to address
such issues (e.g., employment, housing, health clinics). These work groups will provide a
forum for communities to discuss issues which EPA, alone, cannot address.
To address concerns regarding early identification of sites in areas of environmental
justice concern, OERR will work with the Regions to pilot proactive Superfund site
assessments. Also in concert with Administration proposals to amend Superfund and the
requirements of the Executive Order, OSWER will work with other EPA programs and with
health agencies to examine current risk assessment approaches. After this effort is complete,
OSWER will develop tools for site managers to use to factor in multiple exposures and
unique risk scenarios in coordination with overall Agency efforts on risk assessment.
The last major set of action items concern the Superfund risk management process.
OERR, in cooperation with the Regions, will evaluate the remedy selection process and the
speed of cleanups to determine the effects on areas with minority populations and low-
income populations. Population and demographic information will be used for early
identification of potential areas of concern, before major environmental justice issues arise.
In addition, OSWER will work with other Federal agencies to find a means to address
problems associated with multiple sources of environmental risk, including lead contamination
resulting from lead paint in buildings. Finally, with respect to Tribal and Native Alaskan
village issues, OERR will continue efforts with Tribal entities to provide technical assistance
and to build response capacity.
C. OIL POLLUTION ACT
The magnitude of the total number of oil storage facilities is enormous and quite
difficult to quantify. A comprehensive list of these facilities does not exist at this time. OERR
will work with the Regions to identify the types and characteristics of oil storage facilities
most likely to be located in minority or low-income communities. Based upon this
assessment, OERR will develop an outreach and education strategy to ensure that communities
recognize the potential risk for releases within their communities. OERR will also work with
the Regions to target inspections of facilities in these communities and take necessary
enforcement actions to address potential risks of releases.
D. UNDERGROUND STORAGE TANKS
The action items with regard to the Underground Storage Tank (UST) program
highlighted a variety of areas. With regard to outreach, the Office of Underground Storage
Tanks (OUST) issued a brochure to the States regarding consideration of environmental
justice issues. In addition, OUST will explore ways to incorporate environmental justice
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OSWER ENVIRONMENTAL JUSTICE ACTION AGENDA
F. TECHNOLOGY INNOVATION
concerns into the State grants process and will attempt to find methods of providing funds
and technical assistance to Tribal governments. They will also provide guidance on
considering environmental justice as a qualitative factor in priority ranking systems for
State-lead cleanup and enforcement actions. Finally, OUST will pursue award of a grant
(from funds other than the Leaking Underground Storage Tank Trust Fund) to the National
Association of Minority Contractors to support training and certification of local hires by
States in UST programs.
E. CHEMICAL EMERGENCY PREPAREDNESS AND PREVENTION
The Chemical Emergency Preparedness and Prevention Office (CEPPO) evaluated
issues and action items which primarily focused on outreach. CEPPO will develop a letter
for the Administrator's signature, which will be sent to Governors of all 50 States, to discuss
the need for Local Emergency Planning Committees and Tribal Emergency Response
Commissions to be truly representative of the communities, especially in areas with
environmental justice concerns. CEPPO will also work with communities with environmental
justice concerns to fully explain the provisions of "community-right-to-know" legislation
and how it may benefit their communities. CEPPO has also developed a LandView computer
system which provides information on an ordinary personal computer regarding potential
risks on a geographic basis. CEPPO intends to expand the availability of this system,
particularly to communities with environmental justice concerns.
F. TECHNOLOGY INNOVATION
The Technology Innovation Office (TIO) has the lead responsibility for training new
Regional remedial project managers and on-scene coordinators in the basic tenets of the
Superfund program. As part of the need to sensitize employees to environmental justice
issues, TIO has committed to develop a training module on these issues for the CERCLA
Education Center.
Regarding development and use of innovative technologies, TIO will work with the
Small Business Administration to promote the use of innovative technologies by small
businesses. In addition, TIO has conducted an analysis of the demographics of a representative
sample of the 263 Superfund National Priorities List sites, where innovative technologies
have been used, to determine the trends of interest with regard to environmental justice.
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OSWER ENVIRONMENTAL JUSTICE ACTION AGENDA
G. FEDERAL FACILITIES
G. FEDERAL FACILITIES
Public Outreach
Outreach is a major issue with regard to Federal facilities. The federal facilities
program recognizes that to achieve the goal of environmental justice it is critical to involve
minority and low-income populations in the environmental decision-making processes. The
following action items have been undertaken to further the goal.
The Federal facilities program has a legally constituted FACA organization entitled
the Federal Facilities Environmental Restoration Dialogue Committee (FFERDC). FFERDC
was established by EPA to develop consensus policy recommendations aimed at improving
the Federal facilities environmental restoration decision-making process to ensure that
clean-up decisions reflectthe priorities and concerns of all stakeholders. The FFERDC added
five new environmental justice representatives to its membership in FY 95. EPA is working
closely with this group to better incorporate environmental justice into Federal facility
priority-setting and stakeholder involvement. FFERDC is also looking at potential
recommendations for improving minority and small-business contracting at Federal facilities
cleanups.
Many EPA Regions have trained the EPA Remedial Project Managers (RPMs) on
environmental justice and have worked with Federal facility RPMs and Commanders of
individual installations to increase awareness of environmental justice concerns at their sites.
This information will enable the Federal agencies to better focus their public outreach efforts
and to more equitably serve their surrounding community.
The Department of Energy (DOE) is establishing Site Specific Advisory Boards
(SSABs) at all major DOE facilities that place an emphasis on stakeholder involvement in
the cleanup decision making process. DOE issued interim guidance in November 1994. Final
guidance is under review and joint signature by EPA and DOE is planned.
EPA and the Department of Defense (DOD) issued joint guidelines on Restoration
Advisory Boards (RABs) on September 27,1994. RABs, like SSABs, offer an opportunity
for communities to provide input to the cleanup process and are to be established at all closing
installations and at non-closing installations where the local community expresses interest.
DOD and EPA offered RAB training sessions throughout the country. EPA is working with
DOD in developing regulations for DOD funding of technical assistance to RABs based on
our experience with the Superfund Technical Assistance Grant program.
The Defense Environmental Response Task Force (DERTF), a Congressionally
mandated interagency task force charged with looking atthe environmental issues associated
with the closure of military bases, established an environmental justice working group.
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OSWER ENVIRONMENTAL JUSTICE ACTION AGENDA
G. FEDERAL FACILITIES
Recommendations from this working group regarding environmental justice at closing
military bases were included in the DERTF annual report to Congress, issued January 1995.
Radiation Concerns
An important issue that community leaders and the Federal agencies are still
exploring is radioactive Federal facility sites and the respective roles of DOE, EPA, and the
State, Tribal and local governments. The Atomic Energy Act (AEA), passed during the days
of the "Cold War" and heightened national security concerns, often restricts the type of
oversight that can be provided by EPA, State, Tribal or local governments. Communities
often feel that they do not have adequate local input over the radioactive sites as they impact
local issues such as sewer systems. Some communities have requested that EPA provide
more oversight of DOE at these sites. EPA currently has the authority to set radiation
protection standards for DOE, however, DOE, not EPA has the authority to implement these
standards.
EPA is examining the limited oversight authority it has through specific legislation
such as the Clean Air Act, the Clean Water Act, the Resource Conservation and Recovery
Act, the Safe Drinking Water Act, Superfund, and other environmental legislation. Generally,
the environmental statutes provide EPA with a limited patchwork of oversight authorities.
For example, EPA's Office of Air and Radiation (OAR) is developing soil cleanup standards
for radiation, under the AEA, that will apply to contaminated soils. However, the Clean
Water Act currently does not regulate radionuclide releases from DOE facilities in National
Pollutant Discharge Elimination System (NPDES) permits. Superfund emergency response
criteria can be utilized, in certain circumstances, however, sources of radioactive releases in
sewer systems can be hard to identify.
DOE has initiated a promising strategy in dealing with this issue. In February 1995,
DOE established the Federal Advisory Committee on External Regulation of Department of
Energy Nuclear Safety. The panel will recommend how existing and new DOE facilities and
operations should best be overseen to protect the environment, to protect safety and health,
to eliminate unnecessary oversight, and to reduce costs. Mary D. Nichols, the Assistant
Administrator for Air and Radiation, is EPA's representative on this advisory committee.
In the interim, local communities do have the opportunity to impactthe environmental
decision-making process of DOE through participation in Site Specific Advisory Boards
(SSABs) and other public participation activities. EPA is working with DOE to strengthen
its efforts in involving impacted communities early on in the environmental decision-making
process. For example, EPA and DOE plan to sign joint guidance on SSABs in the spring of
1995 and are working to establish SSABs at all major DOE facilities.
25
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OSWER ENVIRONMENTAL JUSTICE ACTION AGENDA
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26
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OSWER ENVIRONMENTAL JUSTICE ACTION AGENDA
CHAPTER 4
OSWER ENVIRONMENTAL JUSTICE
IMPLEMENTATION AND REPORTING
The process by which environmental justice goals and action items are implemented in
OSWER programs will be a critical determinant of the long term and lasting success of these goals.
Headquarters and Regional offices have already achieved major first steps towards making
environmental justice a part of their every day way of doing business.
OSWER is committed to achieving a permanent environmental justice ethic in all its program
activities. The following sections highlight major activities underway; describe the process for
monitoring and evaluating them; describe the opportunities presented for further development of key
issues and topics ("living document"); and highlight the importance of public participation in these
efforts.
A. DEVELOPMENT OF HEADQUARTERS AND REGIONAL
IMPLEMENTATION PLANS
Regions and OSWER Headquarters offices have developed implementation plans
which describe commitments to meet the recommendations outlined in the April 1994
"OSWER Environmental Justice Task Force Draft Final Report". The implementation plans
provide timelines for completing goals and identify resources necessary for these activities.
Each Headquarters program office and all ten Regions developed plans during the summer
of 1994. These plans provide a framework for OSWER and the Regions to implement
environmental justice recommendations that are accepted as OSWER action items by this
report. The implementation process tracks accomplishments and ensures management
accountability, and provides a basis for requesting necessary resources.
In particular the implementation plans emphasize the following:
Development of pilots in all Regions to begin implementing environmental justice
activities;
Senior-level accountability, coupled with an emphasis on training and heightening
the awareness of all EPA staff;
Identifying opportunities for influencing and leveraging other Federal agencies and
State governments, through interagency projects, to achieve environmental justice
goals that extend beyond OSWER's sole purview; and
27
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OSWER ENVIRONMENTAL JUSTICE ACTION AGENDA
A. DEVELOPMENT OF HEADQUARTERS AND REGIONAL
IMPLEMENTATION PLANS
Identifying opportunities for early and ongoing public participation in policy
development and implementation activities to ensure that community concerns are
addressed.
The matrix that follows, provides a snapshot of the general action items included in
the implementation plans submitted by the Regions and Headquarters program offices.
EPA Regional Offices and Headquarters OSWER Offices Participation in OSWER-Wide
Environmental Justice Action Items
IIOSWER-Wide Action Items
Title VI - Civil Rights Act
Illnternal & External Outreach,
1 Communications & Partnerships
Health & Cumulative Risk
Federal Interagency Cooperation
Grants and Contracts
Internal Training, Organization, &
Program Implementation
Native Americans/Tribes
Geographic and other Information Systems
Economic Redevelopment, Jobs and
Training
1
0
0
0
0
0
'1
0
0
0
0
0
0
0
3
0
0
0
0
0
0
0
4
0
0
0
0
0
0
0
5
0
0
0
0
0
0
0
6
0
0
0
0
0
0
0
7
0
0
0
0
0
0
0
0
8
0
0
0
0
0
0
9
0
0
0
0
0
0
0
0
10
0
0
0
0
0
0
0
0
HQ
0
0
0
0
0
0
0
0
0
28
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OSWER ENVIRONMENTAL JUSTICE ACTION AGENDA
A. DEVELOPMENT OF HEADQUARTERS AND REGIONAL
IMPLEMENTATIONPLANS
EPA Regional Offices and Headquarters OSWER Offices Participation in OSWER-Wide
Environmental Justice Action Items
Program Specific Action Items
RCRA Siting
RCRA Permitting
RCRA Public Involvement
RCRA Corrective Action
RCRA Disproportionate Impacts Research
RCRA Native Americans
Superfund Community Involvement &
Outreach
Superfund Site Assessment
Superfund Risk Assessment/Management
Superfund Indoor Lead Paint
Superfund Native Americans
Oil Pollution Outreach
Oil Pollution Identification/Inspections
UST Outreach
UST Grants & Technical Assistance
UST Priorities
CEPPO Outreach
TIO Training
TIO Technology
Federal Facility Stakeholder Involvement
i
El
El
El
El
El
13
El
2
El
El
El
El
El
El
El
El
El
El
El
El
El
3
El
El
El
El
El
El
El
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4
El
El
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El
El
El
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El
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El
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El
El
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8
El
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9
El
El
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lu
El
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El
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0
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0
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29
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OSWER ENVIRONMENTAL JUSTICE ACTION AGENDA
C. PUBLIC FEEDBACK THROUGH THE NATIONAL ENVIRONMENTAL
JUSTICE ADVISORY COUNCIL (NEJAC)
B. LIVING DOCUMENT
A number of persons commenting on the Task Force report, including NEJAC
members (see below) and Regional managers, have pointed out the Action Agenda should
be of a broad scope, identifying major areas and issues to be addressed but not attempting
to incorporate detailed solutions to every issue. These comments recommended that the
Action Agenda be finalized and also be considered a "living document". This approach
provides OSWER and the Regions with a broad, overall framework for their environmental
justice activities, and also the opportunity and obligation to develop major issues further.
Understanding of these issues will improve based on early pilot experiences.
Examples of these major issues include: opportunities for greater public participation
in decision-making (for example, the community advisory group pilots), economic
redevelopment activities (for example, Brownfields pilots), and options for addressing
public health needs at affected communities (for example, the interagency Medical Assistance
Pilots). Another major issue, described in the Action Agenda, is being addressed by the OS W
Siting Workgroup and involves the development of recommendations to address the siting
of RCRA facilities. Further examples of these major issues are discussed in chapters two and
three of this report.
C. PUBLIC FEEDBACK THROUGH THE NATIONAL ENVIRONMENTAL
JUSTICE ADVISORY COUNCIL (NEJAC)
In May, 1994, OSWER distributed the "OSWER Environmental Justice Task Force
Draft Final Report" to the NEJAC Waste and Facility Siting Subcommittee, requesting their
review and comment on the overall strategy, as well as, on particular issues under
development. Individual members representing different sectors provided comment during
Subcommittee meetings and in memoranda provided to the Subcommittee Chair and to
OSWER. OSWER has placed considerable value on the comment and advice provided by
members of the NEJAC Subcommittee on Waste and Facility Siting. The names of the
members of this NEJAC Subcommittee are found in Appendix C. In addition, on January 17,
1995, the full Subcommittee formally endorsed a Ten Point Implementation Framework for
the OSWER Strategy (See Appendix B), which the full NEJAC subsequently adopted. The
Ten Point Implementation Framework recognizes that the OSWER process is a cutting-edge
effort, especially with respect to public participation; that certain issues and topics require
further development (see Living Document section above); and that the initial implementation
activities provide the opportunity for further development.
OSWER intends to continue seeking advice and comment from the NEJAC Waste
and Facility Siting Subcommittee on policy development and implementation activities,
focusing especially on the topic areas identified in the NEJAC's Ten Point Implementation
30
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OSWER ENVIRONMENTAL JUSTICE ACTION AGENDA
D. REPORTING AND ACCOUNTABILITY PROCEDURES
Framework. The NEJAC has also been helpful in identifying additional sources for OSWER
to contact for information such as experts on siting issues and public participation issues.
D. REPORTING AND ACCOUNTABILITY PROCEDURES
OSWER and the Regions have established the following procedures to monitor
progress towards achieving environmental justice goals and to ensure management
accountability.
OSWER Environmental Justice Steering Committee
OSWER has established a Steering Committee to oversee progress towards
environmental justice in waste-related programs, and to resolve major issues that occur
during implementation of the Action Agenda. The Steering Committee is chaired by a high-
level Agency official, the Deputy Assistant Administrator for OSWER, and is composed of
senior managers and experienced staff from each of OSWER's program offices (see
Appendix E). These include the OERR, the Office of Solid Waste (OSW), UST, CEPPO,
TIO, the Federal Facilities Restoration and Reuse Office (FFRRO), and the two lead Regions
who help coordinate Regional issues. The Steering Committee has been meeting every
month since June, 1994.
Outreach and Special Projects Staff
OSWER has established a new Outreach and Special Projects Staff (OSPS) office,
reporting directly to the Deputy Assistant Administrator of OSWER, to oversee and
coordinate progress towards environmental justice goals. OSPS also manages the brownfields
economic redevelopment grants and pilots, which incorporate environmental justice goals.
OSPS manages other outreach projects to communities, including training programs through
community colleges and coordination with State, Tribal and Native Alaskan village
governments, to achieve environmental justice and economic redevelopment goals.
Waste Programs Environmental Justice Accomplishments Report
OSWER program offices and the Regional offices have made a major commitment
and begun efforts to achieve environmental justice goals, as described in their implementation
plans (see section A. above.) Their accomplishments will be reported periodically to OSPS
in "accomplishments reports". The first report is being released concurrently with this Action
Agenda.
31
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OSWER ENVIRONMENTAL JUSTICE ACTION AGENDA
F. ACCOMPLISHMENTS HIGHLIGHTS TO DATE
E. KEY CONTACTS (ENVIRONMENTAL JUSTICE COORDINATORS)
A significant part of any implementation process are the people that make it happen.
Each Region and OSWER program office has designated an Environmental Justice Coordinator
(See Appendix F), to serve as a key liaison among that office's staff and other offices. The
coordinators direct public inquiries concerning environmental justice issues to the appropriate
staff within the Region or Headquarters office and review guidances or policy documents to
ensure that environmental justice concerns are addressed.
F. ACCOMPLISHMENTS HIGHLIGHTS TO DATE
OSWER is committed to action on environmental justice issues. While the completion
of this Action Agenda and the implementation plan process is significant, the Regions and
OSWER program offices have simultaneously moved into action. Major accomplishments
during 1994 are discussed in Chapters Two's OSWER-wide initiatives and in Chapter
Three's program- specific action items.
Highlights of OSWER-wide accomplishments include: developing an OSWER
directive to all employees to incorporate environmental justice into policies, guidances and
other decision-making activities; identifying opportunities for cooperative interagency
efforts in job training and medical assistance through pilot activities; and an interagency
effort to develop a user-friendly geographic information system that helps identify potential
areas of environmental justice concern.
Program-specific accomplishment highlights include: an OSWER workgroup to
address siting issues; beginning at least ten Community Advisory Group pilots; and
improving technical assistance to Tribal governments in implementing specific waste
management programs; Regional proactive waste site discovery efforts; Regional coordination
and partnership efforts with other Federal, State, Tribal and local government bodies;
Headquarters and Regional efforts to train and employ citizens, who live in the area of the
cleanup, to participate in the cleanup project; and Regional use of state-of-the-art computer
systems (e.g., GIS and Landview) to better understand the geographic and demographic
aspects of the communities with whom they work.
32
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OSWER ENVIRONMENTAL JUSTICE ACTION AGENDA
APPENDIX A
SUMMARY OF SELECTED ACTION ITEMS
SUMMARY OF SELECTED OSWER-WIDE ACTION ITEMS
AREA
ACCOMPLISHMENTS
FISCAL YEARS 1995-1996
Title VI - Civil Rights Act
HQ coordinated evaluation and
response to discrimination
complaints with OCR, OGC, DOJ,
and others.
HQ will explore ways to ensure
that recipients of EPA assistance
comply with Title VI to minimize
the need for communities to
resort to filing complaints.
External Outreach,
Communications and Partnerships
HQ established EJ waste
subcommittee to National EJ
Advisory Council
HQ issued directive to require EJ
be addressed in all OSWER
policies and regulations
HQ and Regions began using CIS
and LandView to identify
potential areas of environmental
justice concern
HQ exploring creation of
public/private partnerships to
address EJ concerns
HQ and Regions to fund training
of outside groups on waste
programs and public participation
Regions to hold annual public
forum meetings on environmental
justice
HQ will request management to
periodically visit communities
with environmental justice issues;
Administrator sets personal goal
of 12 communities in 12 months
Regional management to
periodically visit communities
with environmental justice issues
Economic Redevelopment, Jobs
and Training
HQ and Regions identified total of
3 brownfield pilots
Began coordinating redevelopment
efforts with HUD programs
HQ and Regions to identify 47
more brownfield pilots
HQ continue work with HMTO
to expand training and curriculum
development to other community
colleges, including the training of
all brownfield pilot communities
Implement redevelopment efforts
with HUD empowerment
zones/enterprise communities
Develop MOU with HUD and
EDA on joint initiatives
Health and Cumulative Risk
HQ (OSWER) is supporting
Agency-wide efforts to develop
scientifically valid standards to
measure cumulative risk
Headquarters and Regional efforts
continue
A-1
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OSWER ENVIRONMENTAL JUSTICE ACTION AGENDA
SUMMARY OF SELECTED OSWER-WIDE ACTION ITEMS
AREA
ACCOMPLISHMENTS
FISCAL YEARS 1995-1996
Federal Interagency Cooperation
HQ and Regions continued work
with ATSDR to expand minority
health program, e.g. Medical
Assistance Program
HQ began working with NIEHS
on establishing pilot minority
worker training grants
Develop pilot efforts with other
Federal agencies to address EJ
concerns, e.g. Whole House
Initiative, Step-up labor program
Work with NIEHS to implement
pilot minority worker training
grants
International/Border Issues
HQ and Regions participated on
NAFTA environmental
cooperation commission
HQ initiated HAZTRACKS
binational waste tracking system
HQ and Regions participated in
chemical emergency "sister city"
program
HQ works on EJ issues related to
the import and export of
hazardous and municipal wastes
Contracts and Grants
Region 6, in cooperation with the
Louisiana, sponsored a seminar
for local communities which
provided tools for businesses to
become eligible to participate in
Federal contracting.
HQ and Regions expanded efforts
of contractor Mentor-Protege
program
HQ met with several contractor
trade associations to stress
importance of EJ
HQ and Regions will expand
Region 6 model "Community
Economic Partnership" seminars
HQ and Regions will utilize
contract award fee system to
provide incentives to hire small
disadvantaged businesses
A-2
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OSWER ENVIRONMENTAL JUSTICE ACTION AGENDA
SUMMARY OF SELECTED OSWER-WIDE ACTION ITEMS
AREA
ACCOMPLISHMENTS
FISCAL YEARS 1995-1996
Internal Training, Organization
and Program Implementation
HQ and Regions designated EJ
coordinators
HQ created OSPS, a focal point
for EJ/outreach/State/Tribal/local
issues/economic redevelopment
HQ established OSWER El
implementation steering
committee
Regions select additional EJ pilots
HQ (OSWER) expanded program
hotline to handle EJ hotline calls
HQ developed EJ training module
for courses taught at CERCLA
Education Center
Regions implement new ideas at
10 additional El pilots
HQ and Regions train all waste
programs personnel in
environmental justice
Tribes and Native Alaskan
Villages
HQ and Regions began to identify
ways to increase technical
assistance to Tribal governments,
e.g., Regional Tribal meetings,
circuit riders, user-friendly
information on Native American
Network
Sponsored second National Tribal
Conference on Environmental
Management
HQ and Regions initiate pilots
with other Federal agencies to
implement environmental
programs and activities on Tribal
lands
Special outreach to Tribes and
Native Alaskan villages to secure
additional input on OSWER
Environmental Justice Task Force
Draft Final Report and the
OSWER EJ Action Agenda
A-3
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OSWER ENVIRONMENTAL JUSTICE ACTION AGENDA
SUMMARY OF SELECTED PROGRAM-SPECIFIC ACTION ITEMS
PROGRAM
RCRA
AREA
Siting
Permitting
Public Involvement
Corrective Action
Disproportionate Impacts
Research
Tribal and Native
Alaskan Villages
ACCOMPLISHMENTS
HQ held several
meetings with
State/Tribal/ local
officials and the NEJAC
on EJ concerns and
potential solutions
HQ formed siting
workgroup to evaluate
policy options and other
siting issues and
established a dialogue
with NEJAC waste
subcommittee
HQ required that EJ be
incorporated into RCRA
Implementation Plan
HQ initiated rule to
expand public
involvement in
permitting
HQ began to examine
priority setting to see if
EJ is adequately
addressed
HQ evaluated
demographics of
combustion sites
HQ initiated IndianNet
FISCAL YEARS 1995 -
1996
HQ develop
comprehensive set of
recommendations on
siting issues, e.g. risk,
public participation,
Title VI
HQ develop national
summary of existing
State/Tribal/ local/
government siting
requirements
HQ will continue to
require EJ in RCRA
Implementation Plan
HQ will finalize rule to
expand public
involvement in
permitting
HQ to coordinate
approaches with
Superfund
HQ will provide data
for the combustion rule
making
HQ will pilot Tribal
access to IndianNet
HQ to draft rule to
consider treating Tribes
in a manner similar to
States for purposes of
hazardous waste
program authorization
A-4
-------
OSWER ENVIRONMENTAL JUSTICE ACTION AGENDA
SUMMARY OF SELECTED PROGRAM-SPECIFIC ACTION ITEMS
PROGRAM
Superftind
AREA
Community Involvement
and Outreach
Site Assessment
Risk Assessment
Risk Management
Indoor Lead Paint
ACCOMPLISHMENTS
Regions identified sites
where Community
Advisory Groups are to
be used
HQ issued memo
requesting that Regions
establish site interagency
working groups for sites
with problem areas
beyond scope of
Superfund
HQ drafted guidance for
Community Advisory
Groups
HQ and Regions
identified sites for pilot
proactive site assessment
efforts
HQ began to examine
priority setting to see if
EJ is adequately
addressed.
HQ began examination
of remedy selection
process and speed of
cleanup effects on areas
of EJ concern
Started discussions with
PRPs and other Federal
agencies to pursue lead
removal
FISCAL YEARS 1995-
1996
Regions establish
interagency working
groups for sites with
problem areas beyond
scope of Superfund
HQ will issue guidance
for Community
Advisory Groups
HQ and Regions
complete pilot proactive
site assessment efforts
HQ to coordinate
approaches with RCRA
on priority setting
HQ examine tools to
allow site managers to
factor in multiple
exposures
HQ work with other
Federal agencies to
address problems
associated with multiple
risks
A-5
-------
OSWER ENVIRONMENTAL JUSTICE ACTION AGENDA
SUMMARY OF SELECTED PROGRAM-SPECIFIC ACTION ITEMS
PROGRAM
Superfund (continued)
Oil Pollution
Underground Storage
Tanks (UST)
AREA
Tribes and Native
Alaskan Villages
Outreach
Inspections
Outreach
Grants and Technical
Assistance
ACCOMPLISHMENTS
Two Tribes chosen as
part of site assessment
pilot listed above
Conducted response
agreement seminar in
Region 10 with Tribal
participation
Conducted emergency
response workshop with
Tribal components
Developed government
reimbursement module
for Tribes as part of first
responders training
HQ conducted pilot test
of survey instrument for
identification of facilities
in areas of EJ concern
HQ issued fact sheet to
State UST/LUST
managers on addressing
EJ issues
HQ issued revised State
UST program grant
guidance
HQ awarded grant to the
National Association of
Minority Contractors to
train and certify minority
contractors
FISCAL YEARS 1995 -
1996
HQ and Regions
continue to work with
Tribes to build response
capacity
HQ identify facilities in
areas of EJ concern
HQ develop education
and outreach strategy to
communities
HQ and Regions target
inspections and
enforcement actions to
areas of EJ concern
HQ to find methods to
provide funds and
technical assistance to
Tribal governments
A-6
-------
OSWER ENVIRONMENTAL JUSTICE ACTION AGENDA
SUMMARY OF SELECTED PROGRAM-SPECIFIC ACTION ITEMS
PROGRAM
UST (continued)
Chemical Emergency
Preparedness and
Prevention
Technology Innovation
Federal Facilities
AREA
Priorities
Outreach
Technology
Stakeholder Involvement
ACCOMPLISHMENTS
HQ and Regions began
to develop guidance on
EJ and priority ranking
systems for State leads
HQ drafted letter to
Governors from
Administrator regarding
LEPCs representation
HQ and Regions
expanded use of
LandView with
communities
HQ analyzed sample of
263 NPL sites and
demographics regarding
the use of innovative
technologies
FFERDC added five new
environmental justice
representatives to its
membership in FY 95
EPA worked with
FFERDC to begin
incorporating EJ into
Federal facility priority-
setting and stakeholder
involvement
FISCAL YEARS 1995 -
1996
HQ and Regions begin
process to explain
"community-right-to-
know" to areas with EJ
concerns
HQ work with SBA to
promote use of v
innovative technologies
by small businesses
HQ evaluate base
closing for impacts on
communities with EJ
concerns
FFERDC will
recommend improving
minority and small-
business contracting at
Federal facilities
cleanups
A-7
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OSWER ENVIRONMENTAL JUSTICE ACTION AGENDA
This page is intentional left blank.
A-8
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OSWER ENVIRONMENTAL JUSTICE ACTION AGENDA
APPENDIX B
TEN POINT IMPLEMENTATION FRAMEWORK FOR
OSWER DRAFT ENVIRONMENTAL JUSTICE STRATEGY
NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
SUBCOMMITTEE ON
WASTE AND FAOUTY SITING
The Waste and Facility Siting Subcommittee of the National Advisory Council on
Environmental Justice met in deliberative session on October 25, 1994 and developed a
consensus on the following Ten Point Implementation Framework for the EPA Office of
Solid Waste and Emergency Response (OSWER) Draft Environmental Justice Final Report
(also referred to as the OSWER Draft Environmental Justice Strategy). The
Subcommittee recognizes the cutting edge nature of the effort by OSWER to develop a
comprehensive environmental justice strategy. It was a process that began under the
leadership of Assistant Administrator Elliot Laws prior to the «igp[i*g by President Clinton
of Executive Order 12898.
The Subcommittee emphamn cross cutting nature of environmental justice and therefore
sees the necessary limitations of a program-specific, or even agency-specific,
environmental justice strategy. At the same time, the Subcommittee recognizes the need
to seriously examine how environmental justice issues relate to specific programs. The
Subcommittee commends OSWER for taking such initiative and recommends strongly that
all EPA program offices, other federal agencies, and state and tribal government agencies
develop similarly comprehensive strategies. Given OSWER's unique position as the first
to develop such a program, the Subcommittee recommends that OSWER take responsibi-
lity to serve as a catalyst for development of other programs.
Our recommended framework is aimed at OSWER as well as other EPA offices, EPA as
a whole, other federal agencies, state and tribal governments, and other stakeholder
groups such as community groups, minority aradrmir institutions and others. There is
a presumption when it comes to environmental justice that TkMi'« must be placed upon
ensuring access far impacted communities of color, low income and other disenfranchise!
communities* group* which heretofore were without access. la the development of
programs and projects around justice, the principle of starting with the community and
ending with the community must be adhered to.1
1 These recommendations were developed by an Ad Hoc Working Group of the NEJAC
Subcommittee on Waste and Faculty Siting comprised of Don EHsberg; baeema Coronado,
Lillian Kawasaki, Connie Tucker, Nathahe Walker, and Charles Lee (Chair). We were
ably assisted by Jan Young; our Designated Federal Official (DFO).
B-1
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OSWER ENVIRONMENTAL JUSTICE ACTION AGENDA
TEN POINT IMPLEMENTATION FRAMEWORK
In the context of these overarching principles, the Subcommittee has developed a Ten
Point Implementation Framework for full implementation of the OSWER Draft Strategy.
1 . EvQlutionarv Status of Strategy: The Subcommittee recommends that the OSWER make
the Environmental Justice Task Force Final Report a "living document." This concept
stresses the importance of turning the recommendations of the OSWER Environmental
Justice Strategy into action, especially in partnership with community groups in impacted
environmental justice communities and other stakeholder groups. We urge an ongoing
process of evolution of the OSWER Environmental Justice Strategy to take into account
new developments that emerge from an open process of continuous interaction with
stakeholder groups, especially community groups in impacted environmental justice
communities.
2. Development of QSWER Draft P-nv^rr>nn\enf al Justice Strategy; The Subcommittee has
examined the public participation aspects of the process for formulating the OSWER
Environmental Justice Strategy. This process involved significant input from different
stakeholder groups, including community groups from impacted environmental justice
communities. The Subcommittee commends the grassroots activist groups which
identified serious shortcomings in public outreach at the initial phase of the development
of this strategy and saw the importance of forwarding to EPA their observations. The
Subcommittee also commends OSWER's positive response to such concern and OSWER's
generally sincere desire to ensure broad based public participation. Inherent in this
process were the difficult issues of educating OSWER personnel about the value of public
participation, inadequate coordination and agreement between headquarters and regional
offices, and inadequate mechanisms for ongoing dialogue between EPA and impacted
communities. The Subcommittee recommends that the public participation aspects of the
formulation of the draft strategy be delineated in the reporting, including a forthright
discussion of the lessons learned in this process.
3. Public Comment on tha Draft Strategy; A wide range of comments - both overarching
and detailed - were received during the Subcommittee's review of the OSWER
Environmental Justice Strategy. OSWER made a commitment to address each of the
comments and develop a process for informing the public of received comments. The
Subcommittee identified several severe gaps in the comments, Le. Native Americans and
other indigenous peoples (Indigenous Hawaiian*, Puerto Ricans, Alaskans). The
Subcommittee r-******** that OSWER conduct a special solicitation of comments from
these groups. Beyond that, the Subcommittee recommends that OSWER dote the period
for comments within 30 days and proceed expeditkrasry towards finalizing the draft
strategy into policy.
4. Public Rojg f" implomgntation: Full implementation rests upon a comprehensive
interactive communications, outreach and public participation. Communications, outreach
and public participation, is a hub of the environmental justice strategy implementation.
Community groups and other stakeholder* must be made full partners in planning and
B-2
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OSWER ENVIRONMENTAL JUSTICE ACTION AGENDA
TEN POINT IMPLEMENTATION FRAMEWORK
implementation of communicariQns, outreach and public participation projects. A public
participation model has been developed by the Subcommittee on Public Participation of
the National Environmental Justice Advisory Council.
It is important that we understand that there is a presumption when it comes to
environmental justice. By definition, environmental justice does not treat all groups
equally. It understands that there are groups in society which lack access to decision
making, lack the tools and resources to effectively participate, and are otherwise
diynfranrhivd These group* need and deserve special considerarion and attention, and
it is both appropriate and necessary for government to act in ways which will facilitate
their empowerment In conclusion, environmental justice must start with the community
and end with the community.
S. Interayencv and Stakeholder Interaction: The Administration must develop a strategy
for short term and long term building of an infrastructure for achieving environmental
justice within OSWER, related EPA programs, federal agencies, partnerships with states
and tribal governments, academic institutions, community groups, labor, business and
other stakeholders. This includes reorganization of various offices to enable streamlining
of functions within OSWER that connect environmental justice, outreach and public
participation, and specific program offices under one cohesive implementation team and
network. The development of infrastructure goes far beyond policies, resources, and
partnerships to include the knowledge base, processes and protocols developed mutually
by stakeholder groups in the process of addressing and resolving concrete issues.
It is critical that this be addressed as pan of a coherent and transparent process of
interagency coordination and cooperation. The subcommittee wishes to identify the
critical role that public participation plays as a driving force for such coordination and
cooperation.
6. Inter»y»ngy Tpfrfor ^ comprehensive culturally diverse training program for OSWER
and EPA personnel on environmental justice tWiiuHny the development of a curriculum
on environmental justice, mutt be developed. Representatives of «•**••••*•««•»*•*•• and
culturally diverse backgrounds should be contracted to help develop this curriculum and
assist in training EPA personnel. The Subcommittee also *^-rti""**~t« that all agencies
and offices asaoris»d with the Executive Order on Environmental Justice that they
cooperate s«i cnoHmafr on the development of curricula and educational resources, in
ways which (1) develop products jointly, and (2) share each other's product!.
B-3
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OSWER ENVIRONMENTAL JUSTICE ACTION AGENDA
TEN POINT IMPLEMENTATION FRAMEWORK
7. Demonstration Programs: An integrated Environmental Justice Model Demonstration
Programs approach should be used as the template for project implementation. This is
based upon the holistic integration of the following:
- formulation of policy and regulatory frameworks
•• development of analytical tools, indicators, and protocols for environmental justice
implementation
- community wide, multi-media, targeted geographic initiatives
-means of address public health conccus of impacted communities
- reduction of multiple, cumulative and synergistic risk
— built-in mfchflnJ5TTt« for community participation ^nd empowerment
- ongoing process of building infrastructure for environmental justice
- economic redevelopment and sustainable community
- federal interagency cooperation
- minority academic and community-based organizational partnerships,
.. enhancement of community user friendly pollution prevention and technology
diffusion programs
- strategies for stakeholder involvement m^uKtiy labor, business, non-profit,
philanthropic «y*4 other institutional partners, *™*
— ongoing evaluation, coordination *"4 integration of *yj||yring pilots
Project implementation should be fuDy imegrative of opportunities posed by
implementation of the Executive Order on Environmental Justice. Ultimately, the
principles which guide environmental justice are those which guide healthy and
sustainable communities. One purpose of thfo r^cnmn^ndfrion is to help guide die
development of protocols for environmental justice initiatives. Environmental justice pilot
project initiatives should be evaluated with this template in mind. This recommendation
is intended to offer to the federal interagency Executive Order process a basis for
developing criteria on conceptualizing, planning, implementing, and evaluating existing
and new pilot projects and grants. The Subcommittee warns against incomplete and not
out efforts to itt«fh the nomfjylatqrg of wipynf"*"*** juattee m pr
existing projects without an n^******* of such criteria. The Subcommittee also offers
this template as a way of evaluating proposals for grants around environmental justice
projects. Lastly, tins template is being offered to facilitate cooperation and coordination
among efforts which address one or another aspect of environmental justice.
8. Specific puT«f"iii«tfr PA»frfaK Tte Stihgommitteg ha« identified kev areas for farther
priority action. These are:
a. Health Needs of Impacted communities: See Draft Mission Statement9
3 When, adopted by the Subcommittee, the three Mission Statements wffl appear in the
appropriate sections of this documents.
B-4
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OSWER ENVIRONMENTAL JUSTICE ACTION AGENDA
TEN POINT IMPLEMENTATION FRAMEWORK
b. Economic Redevelopment within context of Sustainable Communities:
See Draft Mission Statement
c. Siting Issue: See Draft Mission Statement
9. Implementation/Cross-Mft^jg inferences: EPA should convene four National
Implementation/Cross Media Conferences which focus on a racial (African American,
Native American, Latino American, and Asian Pacific American) groups as a focus. The
model for Implementation/Cross Media conferences apply to both Recommendation #9
and Recommendation #10. They will involve a community based planning process,
incorporation of infrastructure building (particularly minority-based academic institutions),
investigation and hearings preparation process, and interactively developed
implementation plans using the environmental justice model demonstration process
approach. This concept which are geared towards the gathering of «ijntqga^r stakeholder
groups to develop a consensus around a course of action and to mobilize resources and
commitments to implement that course of action under die leadership and direction of
a partnership between government and the impacted community. These recommendations
also are directed towards OSWER, other EPA offices, other federal agencies, and state and
tribal governments.
The purposes of conferences which focus on racial groups are die following:
Provide opportunity to examine group specific issues and ensure that smaller
groups such as Native Americans and Asian Pacific Americans do not get
overlooked in multiracial program implementation.
Address health issues specific to each group.
Address group specific means of coamrankations, outreach and public participation,
especially language specific mmniis.
Address group specific contexts, both urban, rural and geographic, which make up
the cutanQy diverse and historic experience of each group*
Incorporate group specific task forces now existing in EPA and other federal
Provide opportunity for each specific group to do education to other groups
regarding their, issues.
Explore issues related to interagency cooperation which are specific to one
population gi'uup.
B-5
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OSWER ENVIRONMENTAL JUSTICE ACTION AGENDA
TEN POINT IMPLEMENTATION FRAMEWORK
10. State Initiatives: EPA should identify two Lead/Focus regions for
implementation/cross media conferences on a state-by-state basis. Using the same
paradigm for planning and implementation as the above implementation conferences, the
purposes of these implementation conferences which will be hosted by EPA in conjunction
where possible with states and other stakeholders, are the following:
Use the OSWER environmental justice model as a vehicle to help initiate
environmental justice efforts on a state by state basis.
Identify and develop joint efforts where good environmental justice initiatives exist
or provide opportunities for such development if none exist.
Provide the opportunity for detailed implementation strategies in conjunction with
communities, academic institutions and other stakeholders in a for more direct
way.
Provide opportunities for multiracial emruuimmral justice piugiam development;
including involvement of low income groups.
Leverage initiatives of state and local governments in cooperative efforts to ensure
environmental justice.
One recommended region is Region IV because of the following:
Substantial environmental justice solid waste concern in the region.
Existence of network of community groups and network of historically black
colleges and universities.
Severe problems reported by community groups with state environmental justice
record of activity.
These are clearly meant to be prototype efforts where resources and attention can be
concentrated, and do not preclude other regions from undertaking such efforts. Theyalso
an meant to provide tin basis for hiU implfnvnfaftnn at some time by all regions.
B-6
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OSWER ENVIRONMENTAL JUSTICE ACTION AGENDA
TEN POINT IMPLEMENTATION FRAMEWORK
NEJAC WASTE AND FACILITY SITING SUBCOMMITTEE
WORKING GROUP ON HEALTH NEEDS OP IMPACTED COMMUNITIES
DRAFT MISSION STATEMENT
11/21/94
Residents of p«oplo of color, low income and otherwise
disenfranchised communities where environmental and industrial
toxins are found suffer ill haalth. Tha benefits and burdans of
aodarn industrial sociaty hava not baan aqually distributad. in
tha most dramatic way, paopla of color communitias suffar from tha
ovar-saturation of their communities with multipla sourcas of risk,
i.a., laad in housing, proximity to polluting facilitias and
highways, dangarous workplacas, ate. Thasa communitias most likaly
racaiva inadequate or nonaxistant madical attantion. Thara is a
compalling naad to addrass tha ill haalth in communitias no mattar
what causal relationships hava baan astablishad. Moraovar, thara
is a compalling naad to raspond positivaly and substantivaly to
paopla in impactad communitias who cry out for raliaf of ill
haalth. It is both appropriate and necessary for government to
play a central role in addressing such needs.
The recent federal Interagency Symposium on "Health Research and
Needs to Ensure Environmental Justice" (February 10-12, 1994)
played an important role in crystallising a set of 65
recommendations. The Subcommittee seeks to build upon those
recommendations which focus upon the provision of services and
action to alleviate health needs in impacted communities. The
subcommittee seeks not to be duplicative and recognizes the fact
that environmental justice is a cross cutting issue requiring by
definition of cooperation between NEJAC subcommittees, different
EPA offices, other federal agencies and others. This subcommittee
seeks to coordinate with and use the definitions of community
health being developed by the Health and Research Subcommittee.
Additionally, this subcommittee recognizes the profound value of
public participation in addressing health needs issues.
The purpose of this subcommittee is to develop a framework and a
set of recommendations for addressing health needs in impacted
communities. This involves the following: 1. health needs related
to multiple, cumulative and synergistic risk, 2. policy issues
which may remove presently existing obstacles towards provision of
haalth services or alleviation of health threats, 3. proper
inclusion of public participation in addressing health needs, 4.
evaluation of present and prospective program and project
initiatives, S. initiatives which focus on pollution prevention and
disease prevention, and 6. critical but as yet undefined cutting
issues of particular significance.
To help develop and refine its framework and recommendations, this
subcommittee will help design, encourage, and/or support
demonstration projects through which communitias are given the
opportunity to define their health needs with respect to
environmental threats to human health. The subcommittee will rely
upon the above six points to develop its criteria for selecting and
promoting such projects. B-7
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OSWER ENVIRONMENTAL JUSTICE ACTION AGENDA
TEN POINT IMPLEMENTATION FRAMEWORK
Health Meads of Impaet«<
Major Issuas (tentative)
1. Definition of Community Haalth (to ba davalopad in conjunction
with Health and Raaaarch Subconmittaa)
2 . Public Participation and Conaunity Planning and Decision Making
Processes (with participation and input froa Public
Participation Subcomittee)
3. Need for intaragency cooperation
4. Provision of Medical Services
5. Lack of people of color in Medical health fields
6. Multiple, cumulative and synergistic risk
7. Detoxification
8. Relocation
B-8
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OSWER ENVIRONMENTAL JUSTICE ACTION AGENDA
TEN POINT IMPLEMENTATION FRAMEWORK
NEJAC WASTE AND FACILITY SITING SUBCOMMITTEE
WORK GROUP ON ECONOMIC DEVELOPMENT AND
SUSTAINABLE COMMUNITIES
DRAFT MISSION STATEMENT
1/10/95
Communities of color and low income communities bear dispropor-
tionately high and adverse effects of environmental pollution.
Environmental Justice, however, can only be achieved when there is
equity in environmental protection, supported by decent paying and
safe jobs; quality schools, transit, and recreation; decent housing
and adequate health care; community and personal empowerment; and
communities safe from violence, drugs and poverty (sustainable
communities). As such, economic development, environmental justice
and community empowerment are inextricably linked. Communities in
areas of need must be revitalized, building upon their diversity
and forming partnerships to increase economic opportunity and
promote sustainable development.
While job creation both within and outside the community provides
the foundation for individual economic self-sufficiency and
community revitalization, it is only when economic development is
part of a comprehensive strategy for human development and the
physical revitalization of communities, that true and sustained
community building can occur. A strategic vision for change is
needed and must be defined through broad participation by all
segments of the community. The vision must articulate a
comprehensive and coordinated approach to addressing and
implementing the needs of the community—an approach which
integrates economic, physical, environmental, community and human
development.
The goal of the Working Group is to develop a framework and create
strategies and models to promote economic opportunity to revitalize
communities in need. Strategies must be built upon broad public
participation, with a diversity of strategies, complementing and
leveraging available resources and programs.
The Working Group will develop and recommend policies and programs
to foster collaboration, enhance information and knowledge, improve
access and services, identify needed resources and critical
linkages to other public goals, and to make recommendations on
potential model projects.
B-9
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OSWER ENVIRONMENTAL JUSTICE ACTION AGENDA
TEN POINT IMPLEMENTATION FRAMEWORK
NEJAC WASTE AND FACILITY SITING SUBCOMMITTEE
WORK GROUP ON FACILITY SITING
DRAFT MISSION STATEMENT
1/10/95
Communities of color and/or low-income communities bear
disproportionately high and adverse human health and environmental
effects from pollution. Perhaps the most significant factor
contributing to this situation is the fact that facilities emitting
or otherwise utilizing pollutants are disproportionately sited in
communities of color.
To remedy this problem, early and informed public comment must be
afforded to potentially impacted communities; appropriate guidance
in terms of siting standards for such facilities must be developed;
and an analysis of "imaaet eauitv* (determining what the impacts
from a facility are, and who is gaining or losing from those
impacts) must become part of the siting decision.
The goal of the Work Group is to develop a model for early and
informed public comment and ongoing involvement about the siting
of a facility, and generate siting standards that incorporate
environmental justice concerns, including the concept of impact
equity.
B-10
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OSWER ENVIRONMENTAL JUSTICE ACTION AGENDA
APPENDIX C
NEJAC SUBCOMMITTEE ON WASTE AND
FACILITY SITING MEMBERSHIP
Chairperson:
Lee, Charles
United Church of Christ Commission
for Racial Justice
1994 Members
Baker-Hahn, David
Inside Out, Inc.
Briggum, Sue
WMX Technology and Services
Coronado, Irasema
University of Arizona
Dubrowski, Frances
Alliance for Justice
Elisburg, Donald
Laborers' International Union of
North America
Guererro, Michael
SW Network for Environmental and
Economic Justice
Kawasaki, Lillian
Los Angeles Environmental Affairs
Department
Kennedy, Tom
Association of State and Territorial
Solid Waste Management Officials
Pierle, Michael
Monsanto & Company
McClain, Mildred
Citizens for Environmental Justice
Sesso, Jon
Butte-Silver Bow Planning
Butte-Silver Bow Court House
Siegel, Lenny
Pacific Studies Center
Sindab, Jean
National Council of Churches
Tucker, Connie
Southern Organizing Committee for
Economic and Social Justice
Veloria, Velma
House of Representatives
Washington State Legislature
Walker, Nathalie
Sierra Club Legal Defense Fund
Williams, Patricia
National Wildlife Federation
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OSWER ENVIRONMENTAL JUSTICE ACTION AGENDA
This page is intentional left blank.
C-2
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OSWER ENVIRONMENTAL JUSTICE ACTION AGENDA
APPENDIX D
OSWER ENVIRONMENTAL JUSTICE
TASK FORCE MEMBERSHIP
Chairperson
Tim Fields, SRO
Office of the Administrator
Warren Banks
OSWER Immediate Office
Greg Mertz
Marjorie Buckholtz
Bob Martin
Ellen Brown
Marsha Lindsey
Julie Johnson
Crane Harris
OSWER OSW
Truett DeGeare
Barnes Johnson
Paul Balserak
Victoria van Roden
Deb Gallman
OSWER OERR
Janet Grubbs
John Harris
Rafael Gonzalez
Gershon Bergeisen
Peter Redmond
Lisa Boynton
Karen Sahatjian
June Wiaz
OSWER OUST
Judy Johnson
Debbie Rutherford
Mail Stop
5104
3101
5101
5101
OS-130
5103
5101
5103
5103
5306
5305
5305
5303W
5306
5204W
5202G
5201G
5204G
5203G
5202G
5202G
5202G
6401W
6401W
Phone Number Fax Number
202-260-4039 202-260-6606
202-260-4445 202-260-4852
202-260-5714
202-260-9605
202-260-9361
202-260-4483
202-260-6626
202-260-4528
202-260-9192
202-260-3527
202-260-8626
202-260-8929
202-260-8929
202-260-3527
202-260-8929
202-260-8626
202-260-6261 202-260-4196
202-260-2791 202-260-0284
202-260-3403 202-260-0284
703-308-8623 703-308-8617
202-260-4683 202-260-4196
703-603-8860
703-603-9075
703-603-8892
703-603-8816
703-603-8965
703-603-9052
703-603-8724
706-603-9096
703-308-8855
703-308-8864
703-603-9104
703-603-9116
703-603-9133
703-603-9104
703-603-9100
703-603-9116
703-603-9116
703-603-9133
703-308-8505
703-308-8505
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OSWER ENVIRONMENTAL JUSTICE ACTION AGENDA
SUMMARY OF SELECTED OSWER-WIDE ACTION ITEMS
OSWER CEPPO
Elaine Davies
Peter Gattuso
Tony Jover
OSWER OWPE
Tai-Ming Chang
Sam Coleman
Darlene Boerlage
Rose Harvell
Chris Menee
OSWER TIO
John Kingscott
OSWER SRO
Tim Mott
Beth Reiner
Jim Maas
Linda Garcyzinski
Other EPA AA'ships
OARM OEE
Bob Knox
Mustafa AH
Elizabeth Bell
OCEPA
OE
OGC
Doris Fairley
Doretta M. Reaves
Elaine Koerner
Marilyn Null
Sherry Milan
Howard Corcoran
Larry Starfield
Rich Albores
Sheila Igoe
Tony Guadagon
Jonathon Baker
5101
5101
5101
5502G 7
5502G
5502G
5102W
5104
5104
5104
5104
3103
3103
1706
1702
1702
2261
2261
2378
2366
2366
2366
3303F
202-260-3857 202-260-7906
202-260-4064 202-260-0927
202-260-2387 202-260-0927
03-603-8965 703-603-9118
202-260-8966 202-260-4100
703-603-8956 703-603-9117
703-603-8977 703-603-9117
202-260-6719 202-260-4100
703-308-8749 703-308-8528
202-260-2447 202-260-6606
202-260-9468 202-260-6606
202-260-8927 202-260-6606
202-260-1223 202-260-6606
202-260-8195 202-260-0852
202-260-9748 202-260-0852
202-260-6357 202-260-0852
202-260-5590 202-260-3150
202-260-3534 202-260-0130
202-260-2623 202-260-0130
202-260-5686 202-260-9437
202-260-9807 202-260-9437
202-260-5317
202-260-1598
202-260-7981
202-260-7724
202-260-1137
202-260-6542
202-260-8393
202-260-0584
202-260-7702
202-260-0584
202-260-8393
202-260-1790
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OSWER ENVIRONMENTAL JUSTICE ACTION AGENDA
SUMMARY OF SELECTED OSWER-WIDE ACTION ITEMS
OPPE
ORD
Daniel Hutch
Harriet Tregoning
Janice C. Bryant
Sue Perlin
2125
2125
2125
8502
202-260-2760 202-260-0174
202-260-2778 202-260-0174
202-260-2730 202-260-0174
202-260-5877 202-260-0744
Other Federal Agencies
ATSDR
Andrea A. Wargo
George Buynoski
Cynthia Harris
DOJ
Cathy Sheafor
Henry Friedman
NIEHS
Denny Dobbin
HHS/OCS
Ricard Saul
Associations
NOSCA
Steve Jarvela (Reg. 3)
Gary W. Guerra(Reg. 6)
NARPM
Rosemarie Caraway (R. 9)
P06
E57
WC04
3HW30
H-6-3
202-690-7536 202-690-6985
404-639-6350 404-639-6356
404-639-0600 404-639-0653
202-514-2704 202-514-4231
202-514-5268 202-616-2427
919-541-0752 919-541-0462
202-401-9341202-401-5318
215-597-7915 215-597-8138
214-655-6608 214-655-7447
415-744-2235 415-744-2180
Regional Representatives
Region III
John Armstead
Monica Jones
Region IV
Eddie Wright
Kenneth Lucas
Region V
David Linnear
3HWOO 215-597-9965 215-597-9965
BSD 410-573-6847 410-573-6888
404-347-1591 404-347-0076
404-347-2643 404-347-3058
HSRW6J 312-886-1841 312-886-4071
D-3
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OSWER ENVIRONMENTAL JUSTICE ACTION AGENDA
Region VI
Verne McFarland
Stacey Bennett
Region VII
Gayle Padgett
Region VIII
Armando Saenz
Region IX
Dianna Young
214-655-6617 214-655-6460
214-655-8374 214-655-7446
WSTMSFPD 913-551-7914 913-551-7063
303-293-1532 303-293-1238
H-l-1
415-744-2178 415-744-1796
D-4
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OSWER ENVIRONMENTAL JUSTICE ACTION AGENDA
APPENDIX E
OSWER ENVIRONMENTAL JUSTICE
STEERING COMMITTEE MEMBERSHIP
Steering Committee Chair
Timothy Fields, Jr., Assistant
Administrator
Office of Solid Waste and
Emergency Response
MC 5101, 202-260-4610
Office of Solid Waste and
Emergency Response
Greg Mertz, Special Assistant
Office of Solid Waste and
Emergency Response
MC 5101, 202-260-4610
Outreach and Special Projects
Staff
Ika Joiner, Acting Director
Outreach and Special Projects Staff
MC 5104, 202-260-4039
Office of Solid Waste
Elizabeth Cotsworth, Deputy Office
Director
Waste Management Division
MC 5301,202-260-9427
Office of Emergency and Remedial
Response
Suzanne E. Wells, Deputy Director
Office of Program Management
MC 5201G, 703-603-8710
Office of Underground Storage
Tanks
Sammy Ng, Branch Chief
Regulatory Analysis Branch
MC 5402W, 703-308-8855
Office of General Counsel
Angelia Blackwell, Associate
General Counsel
Solid Waste and Emergency
Response Division
MC 2366,202-260-6952
Technology Innovation Office
John Kingscott, Staff Director
Technology Innovation Office
MC 5102, 703-308-8749
Office of Environmental Justice
Clarice Gaylord, Director
Office of Environmental Justice
MC 3103, 202-260-6357
E-1
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OSWER ENVIRONMENTAL JUSTICE ACTION AGENDA
Office of Acquisition Management
Jeanette Brown, Deputy Director
Office of Acquisition Management
MC 3801F, 202-260-5020
Chemical Emergency Preparedness
and Prevention Office
Elaine Davies, Deputy Director
Chemical Emergency Preparedness
and Prevention Office
MC 5101, 202-260-8600
Federal Facilities
Jim Woolford, Director
Office of Federal Facilities
Enforcement
MC 5101,202-260-1606
RCRA Regional Representative -
Region 10
Mike Gearheard, Program Manager
RCRA Program
206-553-7151
Superfund Regional
Representative - Region 7
Gayle Padgett
Superfund Division
913-551-7914
Agency for Toxic Substances and
Disease Registry
Sandra Coulberson
404-639-0715
George Buynoski
404-639-6356
Department of Justice
Ignacia Morena
202-514-5243
National Institute of
Environmental Health Sciences
Denny Dobbin
Mail WC04,919-541-0752
E-2
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OSWER ENVIRONMENTAL JUSTICE ACTION AGENDA
APPENDIX F
EPA ENVIRONMENTAL JUSTICE
COORDINATORS
USEPA - HEADQUARTERS CONTACTS
OFFICE OF ENVIRONMENTAL JUSTICE
Dr. Clarice E. Gaylord
401 M Street, SW, MS 3103
Washington, DC 20460
800-961-6215,202/260-6357
AMERICAN INDIAN ENVIRONMENTAL
OFFICE
Elizabeth Bell; 202/260-8106
OFFICE OF AIR AND RADIATION
Will Wilson; 202/260-5574
OFFICE OF CIVIL RIGHTS
Rodney Cash; 202/260-4582
OFFICE OF COMMUNICATION,
EDUCATION AND PUBLIC AFFAIRS
Doretta Reaves; 202/260-3534
OFFICE OF ENFORCEMENT AND
COMPLIANCE ASSURANCE
Sherry Milan; 202/260-9807
OFFICE OF GENERAL COUNSEL
MaryO'Lone; 202/260-5313
OFFICE OF POLICY, PLANNING AND
EVALUATION
Janice Bryant; 202/260-2730
OFFICE OF PREVENTION, PESTICIDES &
TOXIC SUBSTANCES
Shantrel Brown; 2021260-6906
OFFICE OF REGIONAL OPERATIONS &
STATE/LOCAL RELATIONS
Janice Berry-Chen; 202/260-3870
OFFICE OF RESEARCH AND DEVELOPMENT
Lawrence Martin; 202/260-7667
OFFICE OF SOLID WASTE AND EMERGENCY
RESPONSE
Greg Mertz; 202/260-5714
OFFICE OF WATER
Ginny Kibler; 202/260-3722
USEPA - REGIONAL CONTACTS
USEPA, REGION 1
James Younger: 617/565-3427
John F. Kennedy Federal Bldg.
One Congress Street
Boston, MA 02203
USEPA, REGION 2
Melba Hayden; 212/637-5027
Jacob K. Javits Federal Building
26 Federal Plaza
New York, NY 10278
USEPA, REGION 3
Dominique Luckenhoff, 215/597-6529
841 Chestnut Building
Philadelphia, PA 19107
USEPA, REGION 4
Vivian Malone-Jones; 404/347-4294
345 Courtland Street, NE
Atlanta, GA 30365
USEPA, REGION 5
Gina Rosario, 312/353-4716
Waste Management Division (HM7J)
77 West Jackson Blvd.
Chicago, IL 60604-3 507
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OSWER ENVIRONMENTAL JUSTICE ACTION AGENDA
EPA ENVIRONMENTAL JUSTICE COORDINATORS
USEPA, REGION 6
Lynda Carroll; 214/655-6500
First Interstate Bank, at Front Pi.
1445 Ross Ave., 12th Floor, Suite 1200
Dallas, TX 75202-2733
USEPA, REGION 7
Rupert Thomas; 913/551-7282
726 Minnesota Avenue
Kansas City, KS 66101
USEPA, REGION 8
Mel McCrottry; 303-293-1645
999 18th Street, Suite 500
Denver, CO 80202-2405
USEPA, REGION 9
Lori Lewis; 415/744-1561
75 Hawthorne Street
San Francisco, CA 94105
USEPA, REGION 10
Joyce Crosson-Kelly
Planning and Evalution Branch
1200 Sixth Avenue
Seattle, WA 98101
Phone: 206/553-4029
F-2
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OSWER ENVIRONMENTAL JUSTICE ACTION AGENDA
OSWER REGIONAL ENVIRONMENTAL JUSTICE COORDINATORS
Region I - Boston, MA
Richard Cavagnero (617) 573-9641
MA Waste Mgmt Branch Acting Chief
Region II - New York
JeffJosephson (212)637-3957
(Superfund Coordinator) - Special Asst. to Division Director
Andrew Bellina (212) 637-4109
(RCRA EJ Coordinator) - Branch Chief in RCRA
Region III - Philadelphia
John Armstead (215) 597-9965
Deputy Director of Hazardous Waste Management Division
Region IV - Atlanta
Eddie Wright (404) 347-3454
Region V - Chicago
Jane Neumann (312)353-0123
Region VI - Dallas
Verne McFarland (214)665-6617
Region VII - Kansas City
Gayle Padgett (913)551-7914
Region VIII - Denver
Armando Saenz (303) 293-1532
Region IX - San Francisco
Dianna Young (415) 744-2178
Office of Community Relations
Region X - Seattle
Michelle Pirzadeh (206)553-1272
F-3
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