&EPA
           United States
           Environmental Protection
           Agency
             Office of Solid Waste and
             Emergency Response
             Washington, DC 20460
OSWER 9200.3-16-1 DRAFT
PB94-963225
EPA540/R-94/004
April 25, 1994
OSWER
Environmental Justice
Task Force
Draft Final Report
Executive Summary
           Presented to
           Elliott P. Laws
           Assistant Administrator
           Office of Solid Waste and
           Emergency Response

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               U.S. Environmental Protection Agency
               Region 5, Library (PL-12J)
               77 West Jackson [:•  -^vard,  12th Floor
               Chicago,  IL   60G;j:,  J590

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OSWER ENVIRONMENTAL JUSTICE TASK FORCE DRAFT FINAL EXECUTIVE SUMMARY

OSWER ENVIRONMENTAL JUSTICE  TASK
FORCE  REPORT EXECUTIVE  SUMMARY
                     O
INTRODUCTION    y~^Vver the last decade, concern about the impact of environmental
                           pollution on particular population groups has been growing.
                           There is a widespread belief that minority populations and/or low-
                     income populations may bear disproportionately high and adverse human health
                     and environmental effects from pollution.  This belief has resulted in a
                     movement to assure environmental justice for all populations.
                          Several studies have been conducted by a variety of organizations (e.g.,
                    National Law Journal, United Church of Christ) which conclude that certain
                    communities are at special risk from environmental threats. The authors of
                    these studies have concluded 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. 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. Many groups have concluded that the
                    government must take these issues into account in its decision-making processes,
                    research and data collection.

                          Early in her tenure as the U.S. Environmental Protection Agency's
                    Administrator, Carol Browner designated the pursuit of environmental justice
                    as one of the Agency's top priorities. In response to concerns voiced by many
                    groups outside the Agency, the Assistant Administrator of the Office of Solid
                    Waste and Emergency Response (OSWER), Elliott P. Laws, on November 29,
                    1993, directed the formation of a task force to analyze environmental justice
                    issues specific to waste programs and develop recommendations to address
                    these issues.  President Clinton signed an Executive Order on Environmental
                    Justice (February 11,1994) ("Executive Order") which focused the attention
                    ofFederal agencies on environmental justice issues. EPA iscurrently developing
                    an Agency-wide strategy pursuant to the Executive Order. The requirements of
                    the Executive Order provide extra emphasis to the mission of the OSWER task
                    force.
                    Formation of Task Force

                          The Superfund Revitalization Office was vested with the lead responsibility for
                    the formation and administration of the OSWER Environmental Justice Task Force.
                    The membership of the Task Force included more than 60 people and had representatives
                    of all OSWER program areas (i.e., RCRA, Superftind, Chemical Emergency
                    Preparedness, Federal Facilities, Technology Innovation, Oil Pollution, Underground
                    Storage Tanks), the Regions and other EPA offices with an interest in waste programs

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OSWER ENVIRONMENTAL JUSTICE TASK FORCE DRAFT FINAL EXECUTIVE SUMMARY
INTRODUCTION
                        and environmental justice. In addition, three other Federal agencies participated (i.e.,
                        DOJ, ATSDR, NIEHS) and  representatives of two professional associations of
                        employees with site response roles (i.e., National OSC Association and National
                        Association of RPMs) participated. Meetings were conducted on a regular basis to
                        identify and conduct an analysis of the major OSWER environmental justice issues, and
                        to discuss the Task Force's recommendations. It should be noted that the OSWER
                        Environmental Justice Task Force report does not focus on enforcement initiatives
                        since these will be addressed by the Office of Enforcement and Compliance Assurance
                        under the new EPA organization.
                        Outreach Efforts

                               The Task Force conducted a series of outreach meetings with entities inside and
                        outside the Agency to gain input from a spectrum of affected groups coping with
                        environmental justice issues. A variety of stakeholders were contacted via letters, their
                        comments were solicited and 17 letters were received with suggestions for the Task
                        Force to consider. In addition, meetings were held with these stakeholder groups to
                        explore their comments on the March 15,1994, draft of the strategy. The Task Force
                        also met  with Congressional staff,  State and  local government representatives,
                        environmental and community group representatives, and labor and industry groups to
                        get their comments on the approach proposed in the March 15,1994 draft strategy.

                               The Task Force also traveled to four EPA Regions (3,4,6, and 9) to gain
                        insight on Regional activities regarding environmental justice.  The Task Force
                        chairman also met with each Office Director of individual OSWER programs to ensure
                        that the recommendations under development would be supported by these program
                        managers. TheOSWERTaskForcedeterminedthat environmental justice stakeholders
                        included:  community organizations, nonprofit organizations, environmental groups,
                        business, industry, academia, Federal, State and tribal governments and labor.
                        Final Executive Order on Environmental Justice
                        and Proposed Superfund Legislation

                               In February the Clinton administration proposed Superfund reauthorization
                        legislation and the President signed an Executive Order on environmental justice. Both
                        are relevant to the Task Force's activities.

                               The Executive Order on Environmental Justice calls for all Federal agencies
                        to make environmental justice a part of their mission and to develop their own
                        environmental justice strategies. All agency strategies must consider enforcement of
                        statutes in areas withminority populations andlow-incomepopulations.greaterpublic
                        participation, improvement of research and identification of differential patterns of

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OSWER ENVIRONMENTAL JUSTICE TASK FORCE DRAFT FINAL EXECUTIVE SUMMARY
GOALS FOR OSWER ENVIRONMENTAL JUSTICE
                        subsistence use of natural resources. In addition, EPA is to convene an Interagency
                        Federal Working Group on environmental justice. The group's responsibilities will
                        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.    The Executive Order requires  that agencies conduct activities that
                        substantially effect human health or the environment in a nondiscriminatory manner.
                        Finally, the Executive Order requires better data collection and research and 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 also applies equally to Native American programs.

                               OnFebruary 3,1994, the Clinton Administration provided proposedlegislation
                        to amend and to reauthorize the Superfund law.  Several key provisions in the bill
                        impactingenvironmentaljusticeinclude: l)arequirementthatstandardsbepromulgated
                        and procedures for assessing risks from multiple sources be developed, 2) a requirement
                        multiple sources of risk be taken into account when determining cleanup priorities, 3)
                        a requirement that demonstration projects be conducted related to multiple sources of
                        risk at designated facilities, 4) under certain circumstances, provision of health benefits
                        to communities surrounding facilities that are subject of demonstration projects be
                        considered and 5) a requirement that an offer be made to form Community Working
                        Groups for factoring stakeholder input into specific site cleanup  activities.
                        GOALS FOR OSWER ENVIRONMENTAL JUSTICE

                               The Task Force examined a variety of goals suggested by the participants and
                        focused on the two goals developed by the Agency-wide Environmental Justice Task
                        Force. The Agency-wide goals as currently drafted are:

                          Goal 1:    Achieve environmental protection for all, so that no segmentof
                        the population, regardless of race, national origin or income, bears disproportionately
                        high and adverse effects of environmental pollution and that all peoples benefit from
                        clean and sustainable communities.

                          Goal 2:    Educate and empower affected communities, community and
                        other nonprofit organizations, federal agencies, tribal, state and local governments,
                        academic institutions, business and industry to ensure earlyparticipationinenvironmental
                        issues, form partnerships, to achieve environmental justice and to help promote
                        sustainable communities.

                              No conflicts were seen by the OSWER Task Force members between the
                        Agency-wide goals and those being examined by OSWER. Out of this examination,

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OSWER ENVIRONMENTAL JUSTICE TASK FORCE DRAFT FINAL EXECUTIVE SUMMARY
REPORT CONTENTS
                      the Task Force began to develop an overall OSWER strategy and to identify major
                      OSWER environmental justice issues. Six key areas were the focus of the TaskForce's
                      recommendations. They were:
                      1) Empowering communities, Improving OSWER programs'
                        communications with these communities, and establishing trust of
                        EPA in the communities;

                      2) Incorporating environmental justice concerns Into all OSWER
                        decision-making and eliminating any potential for discrimination;

                      3) Increasing the priority of consideration of environmental justice
                        Issues on a national and Regional basis and in our relationships
                        with States;

                      4) Incorporating environmental justice Issues Into OSWER risk
                        assessment and risk management processes, including
                        consideration of multiple/cumulative risk;

                      5) Integrating consideration of economic redevelopment and job
                        creation with environmental justice;

                      6) Developing employees and new job candidates who are well-
                        trained and sensitive to environmental justice Issues.
                      REPORT CONTENTS

                            The OSWER Environmental Justice Task Force Report describes the
                      recommendations of the members which form a strategy for addressing the key
                      environmental justice issues raised by the many studies and evaluations conducted over
                      the last decade. The Task Force made a conceited effort to identify, in detail, explicit
                      actions, both OSWER-wide and program-specific, which can be takenby Headquarters
                      and the Regions. In addition to changes in policies or development of new guidance
                      documents, specific projects to be undertaken by the Regions are also described.
                     SUMMARY OF KEY ISSUES AND RECOMMENDATIONS

                            TheTask Force found that the issues and recommendations fell into two main
                     divisions: those which cut across all waste programs and those which primarily were
                     directed to a specific program.  OSWER-wide issues/recommendations fell into the
                     following categories: guidelines for environmental justice, Title VI of the Civil Rights
                     Act, communications/outreach/training, economic redevelopment, cumulative risk,
                     contracts/grants/labor issues, Federal interagency cooperation issues,  internal

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OSWER ENVIRONMENTAL JUSTICE TASK FORCE DRAFT FINAL EXECUTIVE SUMMARY
OSWER-WiDE RECOMMENDATIONS
                        organizational issues and program implementation, and Native American/tribal issues.
                        Resource Conservationand Recovery Act (RCRA) issues focused on: siting, permitting,
                        State programs and corrective action.  Superfund issues/recommendations were
                        primarily concerned with meaningful community involvement, site assessment, risk
                        assessment/risk management, and Native American/tribal issues. The oil, preparedness,
                        underground storage  tank, training,  technology innovation and Federal facilities
                        programs all had critical outreach issues/recommendations, as well as more specific
                        items.

                               The following sections briefly summarize the major recommendations forboth
                        OSWER-wide and program-specific areas.
                        OSWER-Wide Recommendations

                        Guidelines for Environmental Justice

                               Task Force participants, including the EPA Regions, felt that there was a need
                        to keep a flexible working definition with regard to sites/areas with environmental
                        justice concerns.  This flexibility allows the specific circumstances to determine
                        whether OSWER programs have a need to address environmental justice issues at those
                        particular sites/areas.  Therefore, the Task Force  recommended the development of
                        guidelines for identifying communities that either raise or would be likely to raise
                        environmental justice issues.
                        Title VI of the Civil Rights Act

                               Several environmental justice advocates are currently exploring the use of Title
                        VI to achieve environmental justice.  Title VI requires that any program or activity
                        receiving Federal funding be implemented in a non-discriminatory manner. In those
                        instances where Title VI complaints arise linked to permitting of new facilities and a
                        careful review of EPA and State standards have been conducted to ensure that standards
                        have been followed, the Task Force has recommended that mediation, possibly
                        including discussion of alternate sites for the facility(ies), be used to settle disputes. In
                        certain cases, the Task Force has suggested that it may be appropriate to consider
                        performing a risk assessment if one has not already been conducted. The OSWER Task
                        Force also recommended that the possibility be explored of using public health
                        assessments as screening tools in circumstances deemed appropriate by OSWER.
                        Other recommendations regarding Title VI issues are that OSWER work closely with
                        the Office of Civil Rights (OCR), the Office of General Counsel and other affected
                        offices to develop a strategy to respond effectively to Title VI complaints affecting
                        waste programs and in addition, to evaluate where possible, ways in which to prevent

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OSWER ENVIRONMENTAL JUSTICE TASK FORCE DRAFT FINAL EXECUTIVE SUMMARY
OSWER-WiDE RECOMMENDATIONS
                        further complaints. These may include routine communication with OCR with regard
                        to RCRA permit and Superfund issues and review of State programs using RCRA or
                        Superfund authorities to ensure that implementation is not discriminatory.  The
                        Department of Justice is another valuable source to assist OSWER in these matters.
                        Outreach, Communications and Partnerships
                              As pointed out in the analysis of the goals and objectives of the OSWER Task
                        Force, Task Force members wanted to find ways to improve communications, develop
                        trust and involve the affected communities.  To that end, the OSWER Task Force
                        recommended that OSWER should establish a Federal Advisory Committee Act
                        (FACA) subcommittee as part of the Agency's first National Environmental Justice
                        Advisory Council to specifically provide advice and consultation to OSWER on
                        environmental justice issues with regard to waste programs and in conjunction with
                        efforts of the Agency-wide efforts to examine environmental justice issues under the
                        National Environmental Justice Advisory Council. The Task Force also recommends
                        that a directive be issued by the Assistant Administrator that requires all OSWER
                        policies and regulations to consider environmental justice implications. In the area of
                        training, OSWER will focus on internal and external areas to be strengthened. This will
                        include training of Headquarters and Regional personnel on cultural diversity and
                        environmental justice. It will also include the exploration of methods to provide funds
                        for training of outside groups to educate them on the specifics of the OSWER programs
                        so they can be effective participants in the waste programs processes. Regions are to
                        conduct,  on an annual basis, public forum meetings for outreach on environmental
                        justice issues. The Task Force has also recommended that OSWER and the Regions
                        explore the creation of business and industry, stakeholder and other types of public/
                        private partnerships to address  environmental justice concerns.  Finally, OSWER
                        Headquarters and the Regions  are to be  proactive in the use of the Geographic
                        Information System (GlS)program to identify potentialgeographic areas of environmental
                        justice concern, i.e., define potential patterns of inequity.
                        Economic Redevelopment

                              Several studies have asserted that communities with minority populations and
                        low-income populations may bear a disproportionate share of economic distress due to
                        the fact that these populations may be concentrated in older urban areas or rural areas
                        where pollution has taken place over a number of years. The OSWER Environmental
                        Justice Task Force concluded that there were a number of recommendations which
                        could be implemented to assist in economic redevelopment One recommendation is that
                        the current brownfields redevelopment pilot effort with Cleveland, Ohio, to assess
                        potential contamination and encourage voluntary cleanup activities, be expanded.

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OSWER ENVIRONMENTAL JUSTICE TASK FORCE DRAFT FINAL EXECUTIVE SUMMARY
OSWER-WiDE RECOMMENDATIONS
                        OSWER will expand the pilot effort to a minimum of seven other cities. In addition,
                        OSWER currently has also targeted the Cuyahoga Community College in Cleveland
                        as a pilot for development of a curriculum to train students on environmental issues and
                        prepare them to take their place in the workplace in hazardous materials cleanup
                        activities. This pilot effort will also be expanded through the Hazardous Materials
                        Training and Research Institute toothercommunity colleges in areas with environmental
                        justice concerns. The Task Force also recommended that OSWER explore additional
                        options to expand these training efforts (e.g., working with labor unions and the
                        Department of Labor). OSWER will also focus redevelopment efforts in coordination
                        with the pre-established Housing and Urban Development (HUD) empowermentzones.
                        Cumulative Risk

                               As a result of the many studies and concerns expressed regarding populations
                        exposed to multiple sources or contaminants, the OSWER TaskForce also recommended
                        that OSWER support Agency-wide efforts to develop scientifically valid standards to
                        measure cumulative risk.
                        Federal Inter-Agency Cooperation

                              Several of the OSWER programs involve 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 (NTEHS).
                        OSWER will be a participant in the Federal Interagency Working Group and will
                        coordinate its efforts with those of the larger group.  Both ATSDR and NIEHS had
                        participants on the OSWER Task Force  and all Task Force members agreed that
                        OSWER would coordinate efforts on environmental justice activities with these
                        agencies. In addition, the OSWER Task Force recommended that OSWER work with
                        the Department of Justice and other Federal agencies on appropriate projects. A need
                        to expand partnerships with other Federal  agencies was identified by the Task Force
                        members. Specific recommendations included:  continuing to participate in the
                        minority health program of ATSDR (e.g., Mississippi Delta Project), coordination of
                        training efforts, working with NIEHS on outreach pilots for training of local waste
                        workers, 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.

                        Contracts/Grants/Labor
                              In exploring contracts, grants and labor issues, the OSWER Task Force found
                        many limitations imposed by existing regulations for both grants and procurement
                        linked to existing requirements forthe competitive processes forbothFederal and State
                        contracting.  However, there were still some areas which OSWER can strengthen.
                        These include encouraging our contractors to hire persons in "labor surplus" areas

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OSWER ENVIRONMENTAL JUSTICE TASK FORCE DRAFT FINAL EXECUTIVE SUMMARY
OSWER-WiDE RECOMMENDATIONS
                        (usually areas ofhigh unemployment) and establishing monetary incentives to encourage
                        subcontracting to small disadvantaged businesses. OSWER will 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. In addition,
                        OSWER may engage in outreach efforts to our contractor community to stress the
                        importance of environmental justice and the need for reemployment in areas with
                        environmental justice concerns. In the longer term, OSWER will also explore the need
                        for regulatory change in coordination with other Agency efforts to expand employment
                        of local labor  in affected communities.  OSWER will also explore opportunities to
                        cooperate with other Federal agencies with regard to the development of a skilled labor
                        force in disadvantaged areas.
                        Internal Training, Organization, and Program Implementation

                              The OSWER Task Force also considered changes to the structure of OSWER
                        and how it currently operates in the context of environmental justice. It was clear that
                        coordination between various  program  areas needed to be strengthened.  The
                        recommendation by the OSWER Task Force was to establish a clear focal point with
                        access to senior management to coordinate issues related to environmental justice,
                        community outreach, State/local/tribal government and economic redevelopment issues
                        and to establish an OSWER environmental justice workgroup with representatives
                        across all programs to focus on these issues.  One of the OSWER Deputy Assistant
                        Administrators should be designated as  the senior organizational focal point for
                        environmental justice issues and activities.  It was also recommended that a single
                        person be designated as  an Environmental Justice coordinator for the Assistant
                        Administrator.  Other recommendations included the development of a hotline for
                        OSWER-specific environmental justice issues and for OSWER to educate its employees
                        on environmental justice.

                              In addition, changes to implementation of the programs in the Regions were
                        also considered. One key recommendation was that each Region should 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 what will be the most appropriate project within their Region.
                        Native Americans/Tribes

                              The Task Force also found that Native American/Tribal issues were unique.
                        OS WER-wide recommendations included: the need to examine ways to increase EPA
                        and other Federal agency technical assistance to tribal governments; initiation of pilots
                        to implement environmental program activities with other Federal agencies on tribal
                        lands; and cosponsoring the second National Tribal Conference on Environmental
                        Management.
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OSWER ENVIRONMENTAL JUSTICE TASK FORCE DRAFT FINAL EXECUTIVE SUMMARY
OSWER PROGRAM-SPECIFIC RECOMMENDATIONS
                        OSWER Program-Specific Recommendations

                               In its deliberations, the Task Force discovered that each program area also
                        presented unique issues and opportunities to develop recommendations to address
                        environmental justice issues. The following sections address the recommendations on
                        a program-specific basis that will be implemented by the individual OSWER program
                        offices in cooperation with the EPA Regions.
                        Resource Conservation and Recovery Act

                               The Resource Conservation and Recovery Act (RCRA) program issues/
                        recommendations focused on six major areas. These included siting, permitting, public
                        involvement, corrective action, disproportionate impacts and Native American/Tribal
                        issues. Forsiting. the primary recommendations included the development of technical
                        assistance guidance for States and local governments to use when considering the
                        location of RCRA facilities. This guidance would assist these entities in determining
                        criteria to consider with regard to environmental justice issues when making a
                        determination with regard to siting a facility.  The Office of Solid Waste (OS W) will
                        also hold a meeting with State and local governments to inform  them of EPA's
                        environmental justice  concerns  in conjunction with siting and discuss potential
                        solutions. A national summary will be compiled of existing State and local government
                        requirements for siting with regard to environmental justice. The Office of Solid Waste
                        (OSW) will, most importantly, form a workgroup to evaluate location standards,
                        environmental justice issues and setback distances in relation to siting of facilities.

                               Forpennitting. OSW will examine means to factor environmental justice into
                        its public health considerations and will also find ways to expand public involvement
                        on siting (in conjunction with workgroup efforts on location standards) and permitting
                        issues.  With regard to Title VI complaints, the Task Force also has suggested that
                        OSWER explore the possibility of using risk assessments, where they have not already
                        been developed, to provide additional information on threats to public health and the
                        environment. In addition, OSW and the Regions will interpret existing authority to
                        require EPA to fully consider the nature of environmental justice complaints prior to
                        final permit determinations. In the public involvement area, OSW will determine
                        methods to incorporate environmental justice into the annual RCRA Implementation
                        Plan development process and into the State capacity assurance  plan guidance.
                        Methods will also be established to create interaction at an early stage with States and
                        communities. OSW will also performdemographics research to examine populations
                        and income around various combustion sites.

                               For the RCRA corrective action program, OSW will examine whether its
                        current priority setting method adequately addresses environmental justice concerns

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OSWER ENVIRONMENTAL JUSTICE TASK FORCE DRAFT FINAL EXECUTIVE SUMMARY
OSWER PROGRAM-SPECIFIC RECOMMENDATIONS
                        and will also ensure that future activities undertaken regarding environmental justice are
                        consistent with similar activities undertaken by the Superfund program.

                              For Native Americans/Tribes. the RCRA program will pursue a pilot project
                        to provide access to States and Regional programs on the Tribal IndianNet Access
                        bulletin board. A key recommendation is also for OSW to draft a rule that would allow
                        tribes to be authorized to run programs as States.
                        Superfund

                              The Superfund program focused on several areas of concern. One of the most
                        significant areas was that of community involvement/outreach.  One of the major
                        recommendations which also parallels provisions of the Administration proposal to
                        amend Superfund is the establishment of Community Advisory Groups for selected sites
                        with environmental justice concerns. Regions will identify ten sites for establishment
                        of Community Advisory Groups by the end of this fiscal year and will implement
                        Community Advisory Group activities at these sites by the end of FY1995. The Office
                        of Emergency and Remedial Response (OERR) will develop guidance describing the
                        membership, functions, objectives and scope of authority for Community Advisory
                        Groups at Superfund sites. In addition, Regions will work with other Federal agencies
                        to establish, for sites with several issues beyond the scope of Superfund, interagency
                        working groups to address these issues (e.g., employment, housing, health clinics) to
                        provide a forum for especially endangered communities to discuss issues which EPA
                        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 site
                        assessment efforts during the site assessment phase of the Superfund process.  Also in
                        concert with Administration proposals to amend Superfund and requirements of the
                        Executive Order, OSWER will work with other EPA programs, and with health
                        agencies to examine currentrisk assessment approaches. After this effort is complete,
                        OSWER will develop tools for the site manager to factor in multiple exposures and
                        unique risk scenarios in coordination with overall Agency efforts with regard to risk
                        assessment.

                              The last major set of recommendations concern the Superfundriskmanagement
                        process.  OERR, in cooperation with the Regions, will evaluate the remedy selection
                        process and the speed of cleanup to determine the effects on areas with minority
                        populations and low-income populations. This analysis will assist Regions in early
                        identification of potential areas of concern before the major environmental justice issues
                        arise at the individual sites.   In addition,  OSWER will work with the Office of
                        Enforcement to encourage potentially responsible parties and other Federal agencies to
                        find a means to address problems associated with multiple sources of environmental
                        risk, including lead contamination resulting from lead paint use inside of buildings.
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OSWER ENVIRONMENTAL JUSTICE TASK FORCE DRAFT FINAL EXECUTIVE SUMMARY
OSWER PROGRAM-SPECIFIC RECOMMENDATIONS
                        Finally with respect to Narivq American/Tribal issues, OERR will continue efforts to
                        provide technical assistance and build response capacity with tribal entities.
                        Oil Pollution Act

                              The magnitude of the totalnumber 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 major oil storage facilities existing in
                        communities with environmental justice concerns that are under EPA purview. Based
                        upon this assessment, OERR will develop anoutreach and education strategy to ensure
                        that communities recognize the potential risk for releases within their communities and
                        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.
                       Underground Storage Tanks

                              The recommendations 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) plans to issue a brochure to States and regulated
                       facilities regarding consideration of environmental justice issues. In addition, OUST
                       will explore ways to incorporate environmental justice concerns into thegrants process
                       with States and will attempt to find methods ofprovidingfiinds 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 Trust Fund) to the National Association of Minority Contractors to support
                       training and certification of local hires by States in UST programs.
                       Chemical Emergency Preparedness and Prevention

                              The Chemical Emergency Preparedness and Prevention Office (CEPPO)
                       evaluated issues and recommendations which primarily focused onoutreach. CEPPO
                       will develop a letter for the Administrator's signature which will be sent to Governors
                       of all 50 States which will 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
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OSWER ENVIRONMENTAL JUSTICE TASK FORCE DRAFT FINAL EXECUTIVE SUMMARY
RESOURCE IMPLICATIONS
                        provides information on an ordinary personal computer or Macintosh regarding
                        potential risks on a geographic basis. CEPPO intends to expand the availability of this
                        system, particularly to communities with environmental justice concerns.
                        Training and Technology Innovation

                               The Technology Innovation Office has the lead responsibility for training new
                        Regional remedial projectmanagers and on-scene coordinators in the basic tenetsofthe
                        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 development in the use of
                        innovative technologies by small businesses. In addition, TIO will conduct an analysis
                        of thedemograpnicsofarepresentativesampleofthe263SuperfundNational Priorities
                        List sites where innovative technologies have been used to determine whether there are
                        trends of interest with regard to environmental justice.
                        Federal Facilities

                              The major issues examined with regard to Federal facilities issues concerned
                        outreach.  The current Federal facilities program has a legally constituted FACA
                        organization named the Federal Facilities Environmental Restoration Dialogue
                        Committee (FFERDQ.  A new  focus of the mission of the FFERDC will be the
                        integration of environmental justice considerations into the current Site-specific
                        Advisory Boards and funding priorities. In addition, OSWER will evaluate closing
                        bases for any potential effects on communities with environmental justice concerns.
                        Base closings are well suited forthis analysis because one of the main goals of the base
                        closure program is the expeditious return of these properties to economic reuse in the
                        community.
                        RESOURCE IMPLICATIONS

                              The OSWER Task Force Draft Final Report contains many wide-ranging
                        recommendations on ways for OSWER and the Regions to address environmental
                        justice concerns. However, in the current times of economic and fiscal constraint in the
                        Federal government, it is not possible for the program to implement all of the report's
                        recommendations for all sites, facilities or areas. OSWER recognizes that, given
                        Regional resource constraints.itwillnot be possible to implement these recommendations
                        in all circumstances. Each program area and each Regionmust now perform a resource
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OSWER ENVIRONMENTAL JUSTICE TASK FORCE DRAFT FINAL EXECUTIVE SUMMARY
IMPLEMENTATION FRAMEWORK
                        analysis focusing on the major recommendations discussed in the preceding sections to
                        determine the extent to which these recommendations can be adopted and the necessity
                        for tradeoffs in other activities in order to implement these activities.
                        IMPLEMENTATION FRAMEWORK

                               Each Headquarters program office and Region, consistent with the
                        recommendations in this draft final report, will be tasked with the responsibility of
                        developing draft implementation plans  for the OSWER Environmental Justice
                        recommendations in their programs. The goal of these plans will be to detail the most
                        feasible and extensive implementation of these recommendations within current
                        resources over the next 17 months (by the end of FY 1995).

                               Hans will contain milestones, descriptions of activities planned for each of the
                        major recommendations (those contained in this Executive Summary and others to the
                        extent practicable), the timeframe for implementation and the extent to which
                        recommendations are being applied (e.g., demonstration project or application to all
                        sites orfacilities). Each program area and Region must also designate a point of contact
                        for coordination of the plans' development and implementation. It is expected that
                        Regions will coordinate their environmental justice activities in response to the
                        OSWER strategy with those ongoing within the Region. Regions are requested to
                        consult with their States as they develop their plans to continue partnershipefforts with
                        State  counterparts. The program areas and Regions will have until June 1,1994, to
                        submit draft plans for implementing the Task Force recommendations. OSWER will
                        track  the proposed actions contained in the implementation plans against the major
                        milestones described in this Executive Summary. Implementation of these milestones
                        will be expected to be reported on by each Region and Headquarters program office
                        every six months. OSWER will coordinate implementation of these milestones with the
                        ongoing Agency-wide efforts.
                        NEXT STEPS

                              The remaining major milestones are as follows:
                         Discuss Regional Implementation at
                          Waste Management Directors Meetin	April 27, 1994
                         Issue Final Draft Task Force Report	April 28,1994
                         Regions and Programs Submit Draft
                          Implementation Plans	June 1,1994
                         Series of Meetings with Industry,
                          State/Local Governments, Labor Unions
                          and other Representatives Regarding
                          Potential EPA Partnerships	June 1994
                                                                                          13

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OSWER ENVIRONMENTAL JUSTICE TASK FORCE DRAFT FINAL EXECUTIVE SUMMARY
SCHEDULE FOR MAJOR RECOMMENDATIONS
                    SCHEDULE FOR MAJOR RECOMMENDATIONS

                          The following pages describe in tabular format the major recommendations,
                    both OSWER-wide and program-specific, and the general timeframes for their
                    implementation. OSWER believes thatthe implementation of these recommendations
                    will result in substantial human health and environmental benefits for populations in
                    proximity to OS WER-regulated facilities.
14

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OSWER ENVIRONMENTAL JUSTICE TASK FORCE DRAFT FINAL EXECUTIVE SUMMARY
                        Summary of OSWER-Wide Recommendations
    AREA
FY94
FY95
    Guidelines for Environmental
    Justice
                                 HQ develop guidelines for
                                 identifying communities with EJ
                                 concerns                 	
    Title VI - Civil Rights Act
HQ Develop strategy to respond to
discrimination complaints with
OCR. OGC. DOJ. etc.	
    Internal and External
    Outreach, Communications
    and Partnerships
HQ Establish EJ waste
subcommittee to first EJ Federal
Advisory Council

HQ issue directive to require EJ be
addressed in all OSWER policies
and regulations

HQ and Regions use CIS and
Landview to identify potential
areas of environmental justice
concern

HQ to explore 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
    Economic Redevelopment
HQ and Regions work together to
identify total of 7 additional pilots

Coordinate redevelopment efforts
with HUD empowerment zones
HQ continue work with HMTRI to
expand training and curriculum
development to other community
colleges

HQ and Regions initiate activities
at 7 brownfields pilots	
    Cumulative Risk
HQ to support Agency-wide efforts
to develop scientifically valid
standards to measure cumulative
risk
                                                                                                 15

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OSWER ENVIRONMENTAL JUSTICE TASK FORCE DRAFT FINAL EXECUTIVE SUMMARY
                             Summary of OSWER-Wide Recommendations
         AREA
FY94
FY95
         Federal Interagency
         Cooperation
HQ and Regions continue work
with ATSDR to expand minority
health program

HQ and Regions work with
ATSDR and NffiHS to address
issues of mutual concern at specific
sites

HQ work with NIEHS on pilot
efforts to train local waste workers
Develop pilot efforts with other
Federal agencies to address EJ
concerns
         Grants/Contracts/
         Labor
HQ and Regions encourage
contractors to hire workers uTlabor
surplus" areas

HQ and Regions expand efforts of
contractor mentor-protege
program

HQ meet with contractor trade
associations to stress importance of
EJ	
HQ evaluate need for regulatory-
statutory changes

HQ and Regions establish
monetary incentives to hire small
disadvantaged businesses
         Internal Training, Organization
         and Program Implementation
HQ designate EJ coordinator

HQ create focal point for
EJ/outreach/State/-local and tribal
issues/economic redevelopment

HQ (OSWER) establish EJ
workgroup

Regions select 10 additional pilots
for EJ concerns

HO (OSWER) establish EJ hotline
Regions implement new ideas at 10
additional EJ pilots

HQ and Regions train all waste
programs personnel in
environmental justice
         Native Americans/Tribes
HQ and Regions identify ways to
increase technical assistance to
tribal governments

Sponsor 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
16

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OSWER ENVIRONMENTAL JUSTICE TASK FORCE DRAFT FINAL EXECUTIVE SUMMARY
                 Summary of Program-Specific Recommendations
PROGRAM
RCRA




RCRA (cont'd.)
AREA
Siting
Permitting
Public involvement
Corrective action
Disproportionate Impacts
Research
Native Americans
FY94
HQ hold meeting with
State/local officials on El
concerns and potential
solutions
HQ form siting
workgroup to evaluate
location standards policy
options
HQ begin development of
method to expand public
involvement in siting and
permitting
HQ begin to determine
method to incorporate EJ
into RCRA
Implementation Plans
and into State CAP
guidance
HQ begin to examine
priority setting to see if
EJ is adequately
addressed


FY95
HQ develop technical
assistance guidance for
state/local/tri-bal
governments
HQ develop national
summary of existing
state/local/tri-bal
government siting
requirements
HQ develop method to
factor EJ into public
health considerations
HQ and Regions to fully
consider EJ complaints
before final permit
considerations
HQ to establish methods
for State/local interaction
on EJ issues
HQ to coordinate
approaches with
Superfund
HQ to evaluate
demographics of
combustion sites
HQ to pilot access for
States/Regions on Tribal
IndianNet Bulletin Board
HQ to draft rule to
consider treating tribes
like States for purposes of
hazardous waste program
authorization
                                                                           17

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OSWER ENVIRONMENTAL JUSTICE TASK FORCE DRAFT FINAL EXECUTIVE SUMMARY
                     Summary of Program-Specific Recommendations
PROGRAM
Superfund





Oil Pollution

AREA
Community Involvement
and Outreach
Site Assessment
Risk Assessment
Risk Management
Indoor Lead Paint
Native Americans/
Tribes
Outreach
Inspections
FY94
Regions establish
Community Advisory
Groups at 10 selected
sites
HQ develop guidance for
Community Advisory
Groups
HQ and Regions identify
pilot proactive site
assessment efforts
HQ begin to examine
priority setting to see if
EJ is adequately
addressed.
HQ begin examination of
tools to allow site
managers to factor in
multiple exposures
HQ begin examination of
remedy selection process
and speed of cleanup
effects on areas of EJ
concern
Work with PRPs and
other Federal agencies to
pursue removal
HQ and Regions continue
to work with Tribes to
build response capacity
HQ begin identification
of facilities in areas of EJ
concern

FY95
Regions establish
interagency working
groups for sites with
problem areas beyond
scope of Superfund
HQ to coordinate
approaches with RCRA
on priority setting

HQ work with other
Federal agencies/PRPs to
address problems
associated with multiple
risks


HQ develop education
and outreach strategy to
communities
HQ and Regions target
inspections and
enforcement actions to
areas of EJ concern
18

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OSWER ENVIRONMENTAL JUSTICE TASK FORCE DRAFT FINAL EXECUTIVE SUMMARY
                 Summary of Program-Specific Recommendations
PROGRAM
Underground Storage
Tanks


Chemical Emergency
Preparedness and
Prevention
Training and
Technology
Innovation

Federal Facilities
AREA
Outreach
Grants and Technical
Assistance
Priorities
Outreach
Training
Technology
Stakeholder Involvement
FY94
HQ to issue brochure to
States and regulated
facilities on consideration
ofEJ
HQ begin to explore
methods to incorporate
EJ concerns into grants
process
HQ pursue award of grant
to Natl. Assoc. of
Minority Contractors for
training and certification
HQ begin to develop
guidance on EJ and
priority ranking systems
for State leads
HQ to develop letter to
Governors from
Administrator re: LEPCs
andTERCs
representation
HQ and Regions expand
use of Landview with
communities
HQ begin development of
training module on EJ for
CEC
HQ begin analysis of
sample of 263 NPL sites
and demographics re: use
of innovative
technologies
HQ and Regions
incorporate EJ in Federal
facilities priority-setting
and stakeholder
involvement
FY95

HQ to find methods to
provide funds and
technical assistance to
tribal governments

HQ and Regions begin
process to explain
"community-right-to-
know" to areas with EJ
concerns

HQ work with SBA to
promote use of
innovative technologies
by small businesses
HQ evaluate base
closings for impacts on
communities with EJ
concerns
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