Summary of the Meeting of the
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National Environmental Justice
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Council
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Federal Advisory Committee
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Durham, North Carolina
' t December 8-10,1997
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PREFACE
The National Environmental Justice Advisory Council (NEJAC) is a federal advisory committee that was
established by charter on September 30,1993, to provide independent advice, consultation; and
recommendations to the Administrator of the U.S. Environmental Protection Agency (EPA) on matters related
to environmental justice. The NEJAC is made up of 25 members, and one DFO, who serve on a parent council
- that has six subcommittees. Along with the NEJAC members who fill subcommittee posts, an additional 39
individuals serve on the various subcommittees. To date, NEJAC: has held ten meetings in the followina
locations: - i
Washington, D.C., May 20, 1994
. •• • Albuquerque, New Mexico, August 3 through 5,1994
• Herndon, Virginia, October 25 through 27,1994
• Atlanta, Georgia, January 17 and 18,1995
Arlington, Virginia, July 25 and 26, 1995
Washington,:D.C., December 12 through 14,1995 •
Detroit, Michigan, May 29 through 31,1996
• Baltimore, Maryland, December 10 through 12,1996
Wabeno, Wisconsin, May 13 through 15,1997
Durham, North Carolina, December 8 through 10,1997
The NEJAC also has held other meetings which include:
Environmental Justice Enforcement and Compliance Assurance Roundtable, San Antonio, Texas ,
• October 17 through 19,1996
EPA Region 4 Environmental Justice Enforcement Roundtable, Durham, North Carolina, December
11 through 13, 1997 - •
\ . . ' '- ' • • - .
As a federal advisory committee, the NEJAC is bound by all requirements of the Federal Advisory Committee
Act (FACA) of October 6, 1972. Those requirements include:
Members must be selected and appointed by EPA .
Members must attend and participate fully in meetings of NEJAC
Meetings must be open to the public, except as specified by the Administrator
1 • . All meetings must be announced in the Federal Register .
Public participation must be allowed at all public meetings
The public must be provided access to materials distributed during the meeting
• Meeting minutes must be kept and made available to the public
A designated federal official (DFO) must be present at all meetings of the NEJAC (and its
subcommittees) - . •
NEJAC must provide independent judgment that is not influenced by special interest groups
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Each subcommittee, formed to deal with a specific topic and to facilitate the conduct of the business of
NEJAC, has a DFO and is bound by the requirements of FACA. Subcommittees of the NEJAC meet
independently of the full NEJAC and present their findings to the NEJAC for review. Subcommittees cannot
make recommendations independently to EPA. In addition to the six subcommittees, NEJAC has established a
Protocol Committee, the members of which are the chair of NEJAC and the chairs of each subcommittee.
Members of the NEJAC are presented in the table on the following page. A list of the members of each
of the six subcommittees are presented in the appropriate chapters of the report.
NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
MEMBERS OF THE EXECUTIVE COUNCIL
(1997-1998)
Designated Federal Official:
Mr. Robert Knox
Acting Director, EPA Office of Environmental Justice
General Members
Mr. Don Aragon
Ms. Leslie Ann Beckhoff
Ms. Jean Belille
Ms. Christine Benally
Ms. Sue Briggum
Ms. Dollie Burwell
Mr. Luke Cole
Ms. Mary English
Ms. Rosa Franklin
Mr. Amoldo Garcia
Mr. Graver Hankins
Mr. James Hill
Chair:
Mr. Haywood Turrentine
Mr. Lawrence Hurst
Ms. Annabelle Jaramillo
Ms. Lillian Kawasaki
Mr. Charles Lee
Mr. Gerald Prout
Ms. Rosa Hilda Ramos
Mr. Arthur Ray
Mr. Robert Lewis Shaw
Mr. Gerald Torres -
Mr. Baldemar Velasquez
Mr. Damon Whitehead
Ms. Margaret Williams
EPA's Office of Environmental Justice (OEJ) maintains transcripts, summary reports, and other material
distributed during the meetings. Those documents are available to the public upon request.
i , „ , ii „,."'
Comments or questions can be directed to OEJ through the Internet. OEJ's Internet E-mail address is:
environmental-justice-epa@epamaiLepa.gov.
Executive Summaries of the reports of the NEJAC meetings are available in English and Spanish on the
Internet at the NEJAC's World Wide Web home page:
http:fwww.neml.com/nelac.
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TABLE OF CONTENTS
Section (
PREFACE ..... .-.;'.' /
EXECUTIVE SUMMARY ... .. ... . ES-1
CHAPTER ONE: MEETING OF THE EXECUTIVE COUNCIL
1.0 INTRODUCTION .. . ..... -)_-,
2.0 REMARKS ..'. .............. ........1-2
2.1 Remarks of the Principal Deputy Assistant Administrator, OECA 1-2
2.2 Remarks of the Regional Administrator of EPA Region 4 ..... ........ 1.4
2.3 Remarks of the Director of EPA's OARM at RTP ..!.!.......'. ..1-5
2.4 Remarks of the Chair of the Executive Council '.'':'.'.'.'.'.'.'.'.';•'.! 1-5
2.5 Remarks of EPA's Deputy Administrator '..•,..'.'.'.'.'.'.'.'.'.....'... 1-6
3.0 REPORTS AND PRESENTATIONS . .: .....:.. .'. ...... 1-9
3.1 Report of Activities of EPA's Office of Children's Health Protection 1-9
3.2 Report of Activities of EPA's Office of Air Quality Planning and
Standards at RTP 1-11
3.3 Report of Activities of the White House Council on Environmental Quality ........ 1-12
4.0 REPORTS OFTHE SUBCOMMITTEES ... ... ^5
4.1 Enforcement Subcommittee i_15
4.2 Health and Research Subcommittee -.'.'.'.'.'.'.'.'.'.'.'.'.'.'. 1 -16
4.3 Indigenous Peoples Subcommittee .._....... '.'.'.'.'.'.'.'.'.'. 1-17
4.4 International Subcommittee / 1-17
4.5 Public Participation and Accountability Subcommittee .'!.'!! .'.1-17
4.6 Wasteand Facility.Siting Subcommittee ....... :... . '.'.'.'.'.'.'.'.'.'.'.'.'. 1-18
5.0 ADMINISTRATIVE ISSUES ."..... . . ..j.-jg
5.1 Process for Addressing Resolutions Proposed by Subcommittees .. • 1-19
5.2 Next Meeting of the NEJAC : ; ' \ 1.20
6.0 RESOLUTIONS , 1-20
6.1 Resolutions from the Enforcement Subcommittee '....'.' 1-20
6.2 Resolutions from the Health and Research Subcommittee . ....... I...... 1-23
6.3 Resolutions from the Indigenous Peoples Subcommittee 1-25
6.4 Resolutions from the International Subcommittee 1-27
6.5 Resolutions from the Public Participation and Accountability Subcommittee !..'.'.'. 1-28
; 6.6 Resolutions from the Waste and Facility Siting Subcommittee 1-29
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Section
CHAPTER TWO: SUMMARY OF PUBLIC COMMENT PERIODS
1.0 INTRODUCTION ." • • • r 2'1
2.0 PUBLIC COMMENTS PRESENTED ON DECEMBER 8, 1997 2-1
2.1 Carl Custalow, Mattaponi Indian Tribe, Virginia 2-1
2.2 Grace L. Hewell, West Alton Park Neighborhood Association,
Chattanooga, Tennessee • • • 2-3
2.3 Allen Dearry, National Institute of Environmental Health Sciences 2-4
2.4 Gregory Mills, Harlem Environmental Health Studies Project, Inc 2-4
2.5 Jeannette Phillips, Concerned Citizens of Edgecombe County II, North Carolina 2-4
2.6 Shafeah M'Balia, Concerned Citizens of Edgecombe County II, North Carolina 2-5
2.7 Jackie King, Concerned Citizens of Edgecombe County II, North Carolina 2-5
2.8 Debra Ramirez, Mossville Environmental Action Now (MEAN),
Mossville, Louisiana • 2-6
2.9 David Morris, Newport News Waterworks Planning and Programs,
Newport News, Virginia 2-6
2.10 Emelda West, St. James Citizens for Jobs in the Environment,
Convent, Louisiana 2-6
2.11 Charlotte Keys, Jesus People Against Pollution, Columbia, Mississippi 2-8
2.12 Michele Berditschevsky, Native Coalition for Cultural Restoration
of Mount Shasta, California 2-8
2.13 Floyd Buckskin, Medicine Lake (Ajumawi Tribe) and Chairperson
of the Native Coalition for Cultural Restoration of Mount Shasta . ... 2-8
2.14 Elizabeth Duncan, Afro-American Beach Historical Society, South Carolina 2-9
3.0 PUBLIC COMMENTS PRESENTED ON DECEMBER 10, 1997 . 2-9
3.1 • Arthur Smith, Jr., Hyde Park/Aragon Park Improvement Committee, Inc.,
Augusta, Georgia '. 2-10
3.2 Lula McDonald, Eufala Street Landfill Association, Fayetteville, North Carolina 2-10
3.3 Jaqueline Pikul, Clean Water Fund of North Carolina 2-10
3.4 Michael Lythcott, The Lythcott Company 2-11
3.5 Damu Smith, GreenPeace • • - 2-12
3.6 Richard Burton, St. James Citizens for Jobs in the Environment,
St. James Parish, Louisiana • 2-12
3.7 Beth Zilbert, GreenPeace '.•'. • 2-13
3.8 Fernando Cueves, Farm Labor Organizing Committee, Winter Garden, Florida 2-13
3.9 Hope Taylor, Community of Shiloh, North Carolina 2-14
3.10 Patrick Barnes, Barnes, Farlin, and Associates, Orlando, Florida 2-15
3.11 Tom Goldtooth, Indigenous Environmental Network, Minnesota, 2-15
3.12 Tirso Moreno, Farmworker Association of Florida, Apopka, Florida 2-16
3.13 Terry Clark, People Working for People, Tifton, Georgia 2-16
3.14 James Hill, National Association for the Advancement Colored People
(NAACP), Oak Ridge, Tennessee .... 2-16
3.15 Keith Parham, Residents Involved in Saving the Environment, Inc.,
King and Queen County, Virginia 2-17
3.16 Doris Bradshaw, Concerned Citizens Committee, Memphis, Tennessee 2-17
3.17 Kenneth Bradshaw, Concerned Citizens Committee, Memphis, Tennessee ....... 2-17
3.18 " Mattie Shoulders, Ollin Park/Piney Woods Improvement Corporation,
Chattanooga, Tennessee 2-18
3.19 Andrew McBride, City of Stamford, Connecticut Health Department 2-18
3.20 Sarah Shipp-Paran, Committee for Economic Recovery, Chicago, Illinois 2-19
IV
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Section
3.21 Alonzo Spencer, Tri-state Environmental Council and Save Our Country 2-19
3.22 Abbas Hassain, Reduce Recidivism by Industrial Development, Inc., Illinois ..2-19
3.23 Mitchell Capitan, Eastern Navajo Dine Against Uranium Mining, Arizona 2-20
3.24 Debbie Bryant, North Back River Road Association, Virginia . 2-20
CHAPTER THREE: MEETING OF THE ENFORCEMENT SUBCOMMITTEE
1.0 INTRODUCTION , ,3-1
2.0 REMARKS ; . • .. .3-1
3.0 UPDATE ON SUBCOMMITTEE WORK GROUPS 3-1
3.1 Work Group on the Open-Market Trading of Air Emissions Credits 3-1
3.2 Work Group on the Policy on Supplemental Environmental Projects .' 3-2,
3.3 Work Group on Worker Protection 3-4
3.4 Work Group on Title VI of the Civil Rights Act ;!! 3-4
4.0 PRESENTATIONS AND REPORTS '. .... 3-4
4.1 Report on Performance Partnership Agreements 3-4
4.2 Report on Concentrated Animal Feeding Operations '....'. 3-5
4.3 Title VI of the Civil Rights Act .3-6
4.4 Update on the Activities of the EPA Region 3 Criminal Investigation Division 3-7
4.5 Federal Authorities Related to Imminent and Substantial Endangerment .3-7
4.6 Public Participation in the RCRA Corrective Action Program 3-8
5.0 SUMMARY OF PUBLIC DIALOGUE ..'.._ '.. ... 3.9
5.1 St. James Parish, Louisiana 3.9
6.0 RESOLUTIONS ~ '....' ..'..'. .'..; .3.9
CHAPTER FOUR: MEETING OF THE HEALTH AND RESEARCH SUBCOMMITTEE
1.0 INTRODUCTION ....,...* 4-1
2.0 REMARKS . .. 4-1
3.0 ACTIVITIES OFTHE SUBCOMMITTEE : .. .4-1
3.1 Administrative Procedures of the Subcommittee 4-1
3.2 Initiatives Related to the Protection of Children's Health ...I ......... 4-2
3.3 Lead-Based Paint Study . 4.3
4:0 PRESENTATIONS AND REPORTS ...... 4-3
4.1 Office of Pollution Prevention and Toxics 4-3
4.2 Chemical Indexing System 4-5
4.3 Office of Children's Health Protection 4.5
4.3 Transnational Research Programs 4.5
5.0
RESOLUTIONS AND SIGNIFICANT ACTION ITEMS 4-6
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CHAPTER FIVE: MEETING OF THE INDIGENOUS PEOPLES SUBCOMMITTEE
.1.0 INTRODUCTION 5-1
2.0 REMARKS ••••••; ... S-1
3.0 ACTIVITIES OFTHE SUBCOMMITTEE 5-1
3.1 Review of Outstanding Action Items and Resolutions 5-1
3.2 Development of a Communications Strategy 5-4
4.0 PRESENTATIONS AND REPORTS 5-5
4.1 Proposed King William Reservoir, King William County, Virginia 5-6
4.2 Mount Shasta, California 5-7
4.3 Medicine Lake Highlands, California 5-8
4.4 Proposed Inlet and Outlet for Spirit Lake, North Dakota ' 5-9
4.5 Community-Based Environmental Protection Framework for EPA 5-9
4.6 ' Arctic Marine Environmental Education Project .. 5-10
5.0 RESOLUTIONS AND SIGNIFICANT ACTION ITEMS '.... 5-11
CHAPTER SIX: MEETING OF THE INTERNATIONAL SUBCOMMITTEE
1.0 INTRODUCTION 6-1
2.0 ACTIVITIES OFTHE SUBCOMMITTEE 6-1
• 2.1 Review of Agenda 6-1
2.2 Review of the Goals and Mission of the Subcommittee 6-2
2,3 Review of Outstanding Action Items and Resolutions 6-5
2.4 Update on the South Africa Working Group 6-5
3.0 PRESENTATIONS AND REPORTS 6-6
3.1 EPA Activities Under the U.S.-South Africa Binational Commission 6-6
3.2 South African Development Initiative for the Environment 6-9
3.3 Review of EPA's Mexico Border Program '. 6-12
4.0 RESOLUTIONS AND OUTSTANDING ACTION ITEMS 6-14
CHAPTER SEVEN: MEETING OF THE PUBLIC PARTICIPATION
AND ACCOUNTABILITY SUBCOMMITTEE
1.0 INTRODUCTION 7-1
2.0 ' REMARKS ••••••• '• ™
3.0 ACTIVITIES OFTHE SUBCOMMITTEE 7-2
3.1 Review of the Minutes of the Conference Call of the Subcommittee,
November 1997 7-2
VI
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Section
3.2 Review of Selected Action Items , 7-2
3.3 Review of Selected Action Items From the Public Comment ,
Periods of Earlier Meetings of the NEJAC ... :.. 7-4
3.4 Revisions of the Model Plan for Public Participation 7-5
3.5 Planning for the Next Subcommittee Meeting . 7-5
4.0 ISSUES RELATED TO PUBLIC PARTICIPATION AND ACCOUNTABILITY 7-5
4.1 Planning of NEJAC Site Tours 7-5
4.2 Public Comment Periods of the NEJAC • 7-7
4.3 Development of a Public Participation Process 7-8
4.4 Identification of Technical and Other Resources to Assist Communities :... 7-8
4.5 NEJAC Meeting in Puerto Rico •, .7-8
4.6 Establishment of Requirements for Public Participation Applicable - ' •
atthe State Level , 7-9
5.0 PRESENTATIONS . 7-9
5.1 Public Participation Processes and Procedures at the U.S.
Nuclear Regulatory Commission 7-9
5.2 Public Participation in the Designation of Superfund Sites . 7-12'
• 5.3 Risk Assessments and Issues Related to Public Participation .... .. .... 7-15
5.4 A Community-Based Environmental Protection Framework for EPA 7-17
6.0 RESOLUTIONS AND SIGNIFICANT ACTION ITEMS :.. 7-17
CHAPTER EIGHT:, MEETING OF THE WASTE AND FACILITY SITING SUBCOMMITTEE
1.0 INTRODUCTION .............;...... .........'.............. 8-2
2.0 REMARKS . . 8-2
3.0 PRESENTATIONS AND REPORTS ...:....... .8-3
3.1 EPA Policy on National Superfund Relocation .-...' .8-3
3.2 Risk Assessment and Superfund ..... .... 8-5
3.3 Dutch Boy/International Harvester Site .......... .' 8-6:
3.4 Brochure on Social Siting Criteria ...".. - ... 8-7
3.5 Brownfields Issues 8-8
3.5.1 Brownfields Status Report 8-8
3.5.2 Minority Worker Training Program 8-9.
3.5.3 American Society for Testing and Materials Guide . ,
• on Standards for Brownfields Redevelopment >..-.....'..... 8-10
3.6 Community Impact Statements , 8-11
3.7 Superfund Sites in Puerto.Rico 8-11
3.8 Issues Related to Waste Transfer Stations ., . .. . 8-12
3.9. OSWER's Environmental Justice Action Agenda 8-13
4.0 SUMMARY OF PUBLIC DIALOGUE . .:...........,. . 8-13
5.0 RESOLUTIONS AND SIGNIFICANT ACTION ITEMS : . 8-13
VII
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APPENDICES
A List of NEJAC Members
B List of Participants
C Written Public Comments
viii
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EXECUTIVE SUMMARY
INTRODUCTION
This executive summary provides highlights of the
tenth .• meeting of the National Environmental
Justice Advisory Council (NEJAC), held
December 8 through 10, 1997 at the Regal
University Hotel in Durham, North Carolina. The
Executive Council of the NEJAC met on
December 8 and 10, 1997. Each of the six
subcommittees met for a full day oh December 9,
1997. In addition, on December 8, 1997,
members of the NEJAC participated in a site tour
of three communities in the Durham area to learn
about environmental issues and concerns related
to the communities. The NEJAC also hosted
public comment periods on December 8 and 10,
1997. Approximately 245 persons attended the
meetings and the public comment sessions.
The NEJAC is a federal advisory committee that
was established by charter on September 30,
1993 to provide independent advice, consultation,
and recommendations to the Administrator of .the
U.S. Environmental Protection Agency (EPA) on
matters related to environmental justice. Mr.
, Haywood Turrentine, Laborers' District Council
Education and Training Trust Fund (an affiliate of
the Laborers International Union of North
America), serves as the newly elected chair of the
Executive Council. Mr. Robert Knox, Acting
Director, .EPA Office of Environmental Justice
(OEJ), serves as the acting Designated Federal
Official (DFO) for the Executive Council. Exhibit
ES-1. lists the chair and DFO for the Executive
Council, as well as the persons who chair the six
subcommittees of the NEJAC and the EPA staff
appointed to serve as the DFOs for the
subcommittees. . '
To date, the NEJAC has held ten meetings. OEJ
maintains public transcripts and summary reports
of the proceedings of the meetings. Those
documents are available to the public upon
request. The public also can access the
executive summaries of reports of previous
meetings as well as other NEJAC publications
through the Internet at http://vmw.ttemi.com/
nejac. Versions of the executive summaries are
available in both English and Spanish.
OVERVIEW
Mr. Turrentine opened the meeting of the
Executive Council by expressing his gratitude and
Exhibit ES-1
NATIONAL ENVIRONMENTAL
JUSTICE ADVISORY COUNCIL
CHAIRS AND DESIGNATED FEDERAL
OFFICIALS (DFO)
Executive Council:
Mr. Haywood Turrentine, Chair
Mr. Robert Knox, Aeting DFO
Enforcement Subcommittee:
Mr. Arthur Ray, Chair
Ms. Sherry Milan, DFO ' ,
Health and Research Subcommittee:
Ms. Mary English, Chair .
Ms. Carol Christensen, co-DFO
Mr. Lawrence Martin, co-DFO
Indigenous Peoples Subcommittee:
Mr. James Hill, Chair
Ms. Elizabeth Bell, DFO. ,
International Subcommittee:
Mr. Baldemar Velasquez, Chair
Ms. Dona Canales, DFO
Public Participation and
Accountability Subcommittee: .
Ms. Rosa Hilda Ramos, Chair
Ms. Renee Goins, DFO,
Waste and Facility Siring Subcommittee:
Mr. Charles Lee, Chair
Mr. Kent Benjamin, DFO
I
appreciation to all individuals who volunteer their
time to the, NEJAC and its activities. He then
recognized the efforts of the former chair of the
NEJAC and other members of the NEJAC,
explaining that, although the current council has
many new members, there would be no need to
"reinvent1 what the previous council had
accomplished. Mr. Turrentine expressed his hope
that the members of the current council would
carry on the hard work and dedication of the
members of the earlier bodies.
Mr. Turrentine made special mention of the
.Enforcement Subcommittee of the NEJAC for its
Durham, North Carolina, Decembers through 10,1997
ES-1
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Executive Summary
National Environmental Justice Advisory Council
efforts in planning and coordinating activities for
the Environmental Justice Enforcement
Rpundtable that was held on December 11
through 13, 1997 at North Carolina Central
University (NCCU) in Durham, North Carolina.
The rqundtable meeting provided an opportunity
for stakeholders in environmental justice issues to
exchange ideas about how communities can play
a more active role in enforcement and compliance
assurance activities.
Mr. Fred Hansen, Deputy Administrator of EPA,
emphasized the continuing commitment of the
EPA Administrator to ensure environmental
justice. Exhibit ES-2 presents a letter from the
EPA Administrator and Mr. Hansen to the
members of the NEJAC and the meeting
participants. Mr. Hansen stressed the importance
of the NEJAC in helping to create a model that
other federal agencies can follow in carrying out
their environmental justice strategies and
President Clinton's commitment to improve race
relations. Mr. Hansen identified for the NEJAC
issues he believes have high priority for EPA:
lead, asthma, and Title VI of the Civil Rights Act
of 1964. He emphasized that he and the EPA
Administrator also are committed to improving the
diversity in the workforce of EPA. Mr. Hansen
announced that EPA's draft guidance on Title VI
would be distributed to the NEJAC by the end of
December 1997. He added that the EPA
Administrator has requested that the senior
managers for each EPA program office identify
additional ways in which the agency can increase
its efforts to ensure environmental justice.
Ms. Sylvia Lowrance, Principal Deputy Assistant
Administrator, EPA Office of Enforcement and
Compliance Assurance (OECA), provided the
NEJAC with an update on the agency's
environmental justice activities. She stated that
EPA is reconvening its Executive Steering
Committee on Environmental Justice to ensure
that EPA's efforts to respond to concerns raised
by the NEJAC are coordinated among EPA
offices. She also announced that EPA is
developing a grants program in which the agency
'will provide "seed money" to a small number of
states to supportthe states' own programs related
to Title VI. She informed the NEJAC that EPA's
Community and University Partnership (CUP)
Grant Program will not be funded in 1998.
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Mr. John Hankinson, Regional Administrator, EPA
Region 4, stated that EPA had made significant
progress in the four years during which he has
served as the top official in the region. He
stressed the importance of preventing health
threats to communities, and engaging in
discussions about enforcement and "ways to use
existing laws in preventive ways." Mr. Hankinson
concluded his remarks by stressing his
commitment to the development of partnerships
and the conduct of dialogue to address such
important issues as environmental enforcement,
health risks, and community education.
On December 8, 1997, members of the NEJAC
participated in a site tour of several communities
near Durham, North Carolina. Exhibit ES-3
presents a photograph of the members of the
NEJAC listening to environmental justice
concerns of the members of the Shiloh
community. The site tour also stopped at the
Eufala Street Landfill in Fayetteville, North
Carolina to listen to the environmental concerns
of members of the community, who wish to be
relocated because of the landfill.
The NEJAC hosted public comment periods on
December 8 and 10,1997. More than 36 people
participated in the two public comment periods.
Mr. Richard Moore, Southwest Network for
Environmental and Economic Justice and former
chair of the NEJAC, addressed the NEJAC to
stress that the environmental justice movement is
not driven by a federal advisory committee, but by
those "brothers and sisters" to whom the NEJAC
listens to during the public comment periods, as
well as those the NEJAC meets on the site tours.
Issues discussed during the two public comment
periods included concerns about the effects of
confined animal feeding operations (CAFO) on
communities, the identification of environmental
justice cases related to indigenous peoples, the
siting of polyvinylchloride (PVC) companies in
Louisiana, and the protection of farm workers.
The Executive Council also heard presentations
by representatives of EPA's Office of
Administration and Resource Management
(OARM) at Research Triangle Park (RTP); EPA's
Office of Children's Health Protection (OCHP);
EPA's Office of Air Quality Planning and
Standards (OAQPS) at, RTP; and the White
House Council on Environmental Quality (CEQ).
ES-2
Durham, North Carolina, December 8 through 10,1997
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National Environmental Justice Advisory Council
Executive Summary
Exhibit ES-2
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
OEC 08 1997
OFFICE OF
THE ADMINISTRATOR
Dear Council Members and Meeting Participants,
Welcome to the tenth meeting of the National Environmental Justice Advisory Council
(NEJAC). We thank Haywood Turrentine, the newly elected Council Chair, for accepting this
important position. We are confident that he will continue the excellent leadership demonstrated
by former NEJAC Chair Richard Moore. We thank the NEJAC members and community leaders
who helped EPA organize this important event, and also Steve Herman, Sylvia Lowrance, John
Hankinson, Robert Knox, and other EPA starFfor their hard work in planning this meeting.
We are pleased by the Council's progress in advancing the cause of environmental justice.
You have increased awareness and understanding of environmental justice issues at EPA and
among the general public. And we have many NEJAC successes to be proud of, such as:
publication of The Model Plan for Public Participation, substantive involvement in the
Administration's Brownfields Initiative, and hosting more than 35 public meetings — including the
second Enforcement Roundtable, which will provide opportunities for exchange between EPA
and local citizens on environmental enforcement and compliance activities. Through our work
with NEJAC, EPA has been better able to ensure that ajl Americans are provided the information
and tools they need to get involved in making their neighborhoods and their families safer and
healthier. . .
NEJAC brings together individuals with a personal commitment to environmental justice.
Your involvement in the process of finding solutions and your valuable advice to EPA is critical to
the task of building a better world for our children and their children to come. As we approach
the fourth anniversary of the President's Executive Order 12898 on Environmental Justice, we
should reflect on our many accomplishments and seek new opportunities for change. We look
forward to continuing our work together as we take the necessary steps to achieve public health
and environmental protection in every community^
Best wishes for a successful meeting,
Carol M. Browner
Administrator
FredHansen
Deputy Administrator
Recycled/Recyclable
PrtntedwfthSayfC«wl*kikonp«fMrttiat
contain* « taut 50% racycM flb«r
Durham, North Carolina, Decembers through 10,1997
ES-3
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Executive Summary
National Environmental Justice Advisory Council
Exhibit ES-3: Members of the NEJAC and other
participants listening to the environmental
justice concerns of the Shiloh community near
Durham, North Carolina.
COMMON THEMES
During the meetings of the Executive Council and
the subcommittees, the members of the NEJAC
discussed a wide range of issues related to
environmental justice. Specific concerns raised
include:
• Improving the integration of 'environmental
justice into the policies and activities of each
EPA program office
• Ensuring that OCHP coordinates activities in
consultation with the NEJAC and other
federal agencies
• Improving the progress of EPA in its
development of guidance on Title VI, as well
as addressing complaints received related to
potential violations under Title VI
• Improving EPA's response to resolutions and
issues raised during public comment periods
* Maintaining EPA's commitment to
environmental justice by continuing to fund
the CUP grant program
Ensuring the early involvement of all
stakeholders, particularly affected
communities, in decision making
• Ensuring that the proposed White House
meeting on environmental justice includes in
the planning process the participation of the
NEJAC and other community leaders
Clarifying the relationship between
environmental justice and Indian country,
given the special nature of the sovereign
status of tribes
Members of the NEJAC lauded the efforts of Mr.
Hansen and the EPA Administrator, noting that
much progress had been made in environmental
justice; however, several members noted that
there continues to be a "big gap" in the area of
integrating environmental justice throughout the
agency. The NEJAC approved a resolution from
the Waste and Facility Siting Subcommittee, in
which the NEJAC requests that EPA actively
pursue the integration of environmental justice
components into the activities of all programs and
media offices of the agency, as well as the efforts
of other federal agencies.
. . . ' ,, i
Members of the NEJAC urged the director of
OCHP to coordinate efforts with the NEJAC, other
EPA program offices, and other federal agencies,
particularly the National Institute of Environmental
Health Sciences (NIEHS). The Health and
Research Subcommittee discussed at length
during its deliberations the protection of children's
health and how the subcommittee could assist
OCHP in achieving its goals.
Members of the NEJAC expressed concern about
the slow progress of the agency to formulate how
to use Title VI as an enforcement mechanism.
The members expressed particular concern about
the slow progress in developing guidance on Title
VI and responding to complaints received about
potential violations of Title VI. Noting that the
number of EPA's legal staff responsible for
responding to Title Vi complaints had been
reduced from four attorneys to two, while EPA's
Office of Civil Rights (OCR) had been operating
without an appointed director for more than one
year, the members expressed concern about
EPA's commitment in this area. The members of
the NEJAC strongly recommended that EPA
appoint a permanent director .of OCR who has
extensive experience in the civil rights field and
that EPA establish "strike teams" to investigate
complaints under Title VI. In addition, the
Executive Council approved a resolution from the
Enforcement Subcommittee in which the NEJAC
requests that the agency develop a policy to
ensure that claims of violations are addressed in
a timely manner.
Members of the NEJAC expressed strong
concern that many of the resolutions forwarded to
the EPA Administrator do not receive an
adequate response from the agency. During the
public comment periods, many commenters
expressed outrage that they continue to present
ES-4
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National Environmental Justice Advisory Council
their testimony to the NEJAC and EPA still does
not respond to their concerns, particularly the
case of St. James Parish, Louisiana and to cases
involving indigenous peoples.
Members of the NEJAC expressed concern about
the suspension in 1998 of funding for the CUP
grant program, emphasizing the importance of
such grants to communities. The members also
expressed concern that the agency would
suspend funds during an evaluation process of
the program, rather than after the evaluation had
been completed. The members of the NEJAC
agreed to send a letter to the EPA Administrator
requesting that the NEJAC be involved in the
evaluation of the grant program and that EPA
commit to continuing to fund the program.
Members of the NEJAC continued to emphasize
the importance of involving all stakeholders early
in the decision-making process. The Executive
Council of the NEJAC approved a resolution from
the Public Participation and Accountability
Subcommittee in which the NEJAC requests that
EPA modify its public notice processes to provide
early notification to communities of EPA's
intention to develop a project and to make
accessible to the public not only documents but
also share its expertise with communities to help
them understand technical issues.
Members of the NEJAC also stressed that the
planning process for the proposed White House
meeting on environmental justice must be
community-based and community-driven. They
also recommended that the meeting should be
viewed not only as an opportunity to address
substantive issues, such as exploring ways to
encourage the interagency Working Group (IWG)
on Environmental Justice to-take action, but as a
new beginning rather than the culmination of
events. The members also urged that diverse
populations be represented during the planning of
the meeting and that the federal agencies should
provide an update on the progress on
implementing their environmental justice
strategies. ,
Members of the NEJAC also discussed the need
to clarify the relationship between environmental
justice and Indian country because tribes, unlike
other communities, are sovereign nations. The
Indigenous Peoples Subcommittee during its
deliberations agreed to draft a resolution for the
June 1998 meeting of the NEJAC which will
address the relationship of environmental justice
and Indian country and the lack of infrastructures
within tribes to develop environmental programs.
SUMMARIES OF THE SUBCOMMITTEE
MEETINGS
Summarized below are the deliberations of the
members during the meetings of the six
subcommittees of the NEJAC.
Enforcement Subcommittee
The Enforcement Subcommittee discussed the
activities of its work groups and reviewed
selected action items and resolutions. The
subcommittee also heard comments during a
public dialogue period on the environmental
justice concerns and the cumulative effects of
industries on the communities in St. James
Parish, Louisiana.
The status of each work group was reported as
follows:
• The Work Group on the Open-Market Trading
of Air Emissions Credits heard a presentation
from representatives of EPA's Office of Air
and Radiation (OAR), to address what the
subcommittee described as the agency's
inadequate response to Enforcement
Resolution No.-7 about EPA's policy on open-
market trading of air emissions credits.
• The Work Group on the Policy on
Supplemental Environmental Projects (SEP)
was disestablished because the members of
the subcommittee agreed that EPA -had
incorporated many of the work group's
recommendations into its" interim revised
policy on the use of SEPs in the settlements
negotiated by EPA.
• The Work Group on Worker Protection
updated the subcommittee on its activities,
noting in particular its work in support of the
subcommittee's co-sponsorship of the
Environmental Justice Enforcement
Roundtable that was held December 11
through 13,1997 at NCCU in Durham, North
Carolina. One of the topics discussed during
, the roundtable meeting was issues related to
the protection of workers from environmental
hazards.
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National Environmental Justice Advisory Council
In addition, the members of the subcommittee
agreed to form a work group to address concerns
related to Title Vl of the Civil Rights Act of 1964.
The primary goal of the work group would be to
review EPA's draft guidance on Title VI and
submit comments to the Executive Council to be
forwarded to the EPA Administrator.
The members of the subcommittee also heard
reports on the following issues: the EPA-state
performance partnership agreements (PPA),
CAFOs, Title VI, activities of the EPA Region 3
Criminal Investigation Division, federal
enforcement authorities under the imminent and
substantial endangerment clauses contained in
specific environmental legislation, and public
participation in the Resource Conservation and
Recovery Act (RCRA) corrective action program.
Health and Research Subcommittee
The members of the Health and Research
Subcommittee discussed the development of
administrative procedures that would enable the
subcommittee to achieve its goals effectively.
The subcommittee also discussed several issues
related to the protection of children's health to
identify topics that should be the focus of the
subcommittee's consideration of this topic. Listed
below are a few of the actions to which the
members agreed:
Identify the mission of OCHP and explore
ways in which the office will influence the
overall mission of EPA related to
environmental health and children.
Determine how the subcommittee can assist
OCHP in achieving its goals.
• Determine how EPA and other agencies can
coordinate their efforts to address issues that
affect children's health.
The subcommittee also heard presentations on
the environmental justice activities of EPA's
Office of Pollution Prevention and Toxics (OPPT),
E,PA's chemical indexing system, and
transnational research programs, as well as a
report from OCHP.
The subcommittee also adopted several
significant action items which encourage NIEHS
and EPA to coordinate efforts to increase funding
to support the work of NIEHS. Efforts are
underway to draft a resolution in which trie
NEJAC requests that EPA agree that OCHP will
work with NIEHS to expand the work done by
NIEHS on issues of children's health. ,
Indigenous Peoples Subcommittee
The deliberations of the Indigenous Peoples
Subcommittee focused on a number of
environmental justice cases related to indigenous
peoples. The members of the subcommittee also
reviewed selected action items and resolutions
and approved the mission statement for the
subcommittee.
The environmental justice cases discussed by the
subcommittee were:
• The opposition of the Mattaponi Indian Tribe
to the construction of a water pumping station
and reservoir in King William County, Virginia.
• The opposition of the Navajo community of
Crownpoint, New Mexico to the proposed in
situ uranium leach mines in two Navajo
communities.
The concerns of the Spirit Lake Nation, North
Dakota about the emergency waiver of an
environmental impact statement (EIS) under
the National Environmental Policy Act (NEPA)
granted by President Clinton to build an outlet
to control the flooding of Spirit Lake.
The opposition of the Native 'Coalition for
Cultural Restoration of Mount Shasta to the
building of a second ski resort on Mount
Shasta, California, as well as the prevention'
of geothermal testing in the area of Medicine
Lake Highlands, California.
The subcommittee also heard presentations and
reports on community-based environmental
protection (CBEP) framework developed by EPA
and the Arctic Marine Environmental Education
Project of EPA's Office of International Activities
International Subcommittee
The deliberations of the International
Subcommittee focused on a review of the goals
and mission of the subcommittee, and included
an update on the formation of the subcommittee's
South Africa Working Group.
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National Environmental Justice Advisory Council
Executiv
The subcommittee heard reports on EPA's
international "programs in South Africa and areas
along the border between the United States and
Mexico. .
Public Participation and Accountability
Subcommittee
Much of the deliberations of the Public
Participation and Accountability Subcommittee
focused on ways to improve public participation in
the activities of the NEJAC. Topics discussed
included the planning of NEJAC site tours and
public comment periods of the NEJAC,
development of a public participation process,
identification of technical and other resources to
assist communities, hosting a meeting of the
NEJAC in Puerto Rico, and establishment of
requirements applicable at the state level for
public participation.
The subcommittee reviewed selected action items
from earlier public comment periods of the
NEJAC and subcommittee meetings, as well as
minutes from an informal conference call held on
November 17, 1997. The subcommittee also
discussed the need to incorporate revisions into
the NEJAC model plan for public participation,
planning for the next meeting of the
subcommittee, and forming a work group to
address issues in Puerto Rico and the Caribbean.
The subcommittee heard presentations on the
process and procedures for public participation at
the U.S. Nuclear Regulatory Commission (NRC),
public participation in the designation of,
Superfund sites, risk .assessments and issues
related to public participation, and EPA's
framework for CBEP.
Waste and Facility Siting Subcommittee
The Waste and Facility Siting Subcommittee
agreed to form several work groups which
include:
• Work Group on. Risk Assessment to plan a
roundtable meeting to facilitate discussions
about community cbncems related to
cumulative risk; disease clusters; and
cultural, economic, and behavioral issues that
. affect levels of exposure to risk.
• Work Group on RCRA ,to address
environmental justice issues specific to
permitting and siting facilities, particularly
waste transfer facilities under RCRA.
« Work Group on. Community Impact
Statements (CIS) to continue examining
issues related to the use of CISs.
The subcommittee heard presentations on EPA's
national Superfund relocation policy; risk
assessment and Superfund; the Dutch
Boy/International Harvester Site; social siting
criteria developed by EPA's Office of Solid Waste
(OSW); issues related to Brownfields, CISs, and
Superfund sites in Puerto Rico; issues related to
waste transfer stations; and the environmental
justice action agenda of EPA's Office of Solid
Waste and Emergency Response (OSWER).
NEXT MEETING
; .
The next meeting of the NEJAC is tentatively
scheduled for May 31 through June 3,1998 in the
San Francisco Bay area, California. Planned
activities will include a site tour, of the local
community and two opportunities for the public to
offer comment. Exhibit ES-4 identifies the'
NEJAC's preferences for the dates and locations
of other future meetings.
Exhibit ES-4
FUTURE MEETINGS OF THE NEJAC
June 1998 San Francisco Bay area,
California
December 1998 Louisiana
May 1999 New York or New Jersey
December 1999 Chattanooga, Tennessee
SUMMARY OF RESOLUTIONS APPROVED
This section summarizes 'the resolutions
discussed by the subcommittees and approved by
the Executive Council of the NEJAC.
Durham, North Carolina, Decembers through 10,1997
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National Environmental Justice Advisory Council
Resolution from the Enforcement
Subcommittee
This section presents a summary of the resolution
forwarded by the Enforcement Subcommittee and
approved by the Executive Council of the NEJAC.
• The members discussed a resolution in which
the NEJAC requests that EPA develop policy
to ensure that claims of violations under Title
VI are addressed in a timely manner and
tracked publicly.
Resolutions from the Health and Research
Subcommittee
This section presents a summary of the
resolutions forwarded by the Health and
•• Research Subcommittee and approved by the
Executive Council of the NEJAC.
• The members discussed a resolution in which
the NEJAC requests that the EPA
Administrator seek to expand funding for
community-based research and that the
agency document existing cases of
community-based research.
• The members discussed a resolution in which
the NEJAC requests that EPA establish
partnerships with various federal and tribal
agencies to develop funding for research into
the effects of mining on the health of Native
American workers and communities.
Resolutions from the Indigenous Peoples
Subcommittee
This section presents a summary of the
resolutions forwarded by the Indigenous Peoples
Subcommittee and approved by the Executive
Council of the NEJAC.
• The members discussed a resolution in which
the NEJAC urges EPA to advocate within the
agency the requirement that a full. EIS be
conducted for the proposed inlet at Spirit
Lake, North Dakota, whether or not required
by law, and that the agency advocate for a
repeal of the enacted EIS emergency waiver.
• . The members discussed a resolution in which
the NEJAC requests that EPA recommend to
the U.S. Army Corps of Engineers (USAGE)
that the EIS developed for the proposed
reservoir near Newport News, Virginia did not
adequately include the social, economic, and
cultural effects such a project would have on
the Mattaponi Indian Tribe and that the
USAGE conduct a supplemental EIS to
include such considerations.
Resolutions from the International
Subcommittee
This section presents a summary of the
resolutions forwarded by the International
Subcommittee and approved by the Executive
Council of the NEJAC.
• The members discussed a resolution in which
the NEJAC joins the 50th Anniversary of the
United Nations Declaration of Human Rights
on December 10,1997, and calls on the U.S.
government to adhere to the letter and spirit
of declaration to protect, conserve, and
restore the environment, communities, and
social, economic, and democratic rights.
• The members discussed a resolution in which
the NEJAC urges OIA, through its South
African Environmental Justice Initiative, to
highlight the importance of a partnership
between the NEJAC and the South African
Environmental Justice Network and its
affiliated community groups,. as well as
drawing on the expertise of the U.S.
environmental justice communities and their
networks.
Resolution from the Public Participation and
Accountability Subcommittee
This section presents a summary of the resolution
forwarded by the Public Participation and
Accountability Subcommittee and approved by
the Executive Council of the NEJAC.
The members discussed a resolution in which
the NEJAC requests that EPA:
Modify its public notice processes to
provide early notification to communities
of EPA's intention to develop a project
Prepare public notices to notify and invite
the participation of members of affected
communities as soon as a proponent
informs EPA of its intention to develop a
project
ES-8
Durham, North Carolina, December 8 through 10,1997
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National Environmental Justice Advisory Council
Executive Summary
Make accessible to the public not only
documents such as letters, reports, and
files, but also share its expertise with
communities to help them understand
technical issues .. ..
Invite representatives of low-income and
minority communities to participate in
meetings with prpponents of projects
Provide to affected communities the
same forum for open discussions that is
provided to proponents of projects and
encourage the early involvement of the
public in EPA's decision-making
procedures to ensure that individuals can
participate in decisions affecting their
communities
Resolutions from the Waste and Facility Siting
Subcommittee
This section presents a summary of. the
resolutions forwarded by the Waste and Facility
Siting Subcommittee and approved by the
Executive Council of the NEJAC.
• The members of the subcommittee discussed
a resolution in which the NEJAC requests that
EPA provide to the subcommittee a status
report on actual and potential NPL sites in
Puerto Rico. The resolution specifically
requests that the report include schedules,
timetables, and_ goals for the expedited
cleanup of the NPL sites.
• The members of the subcommittee discussed
a resolution in which the NEJAC requeststhat
EPA actively pursue the integration . of
environmental justice components into the
activities of all program and media offices of
• the agency and into the efforts of other
federal agencies. ,
Durham, North Carolina, Decembers through 10,1997
£5-9
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MEETING SUMMARY
of the
EXECUTIVE COUNCIL
of the
NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
December 8 and 10,1997
Durham, North Carolina
Meeting Summary Accepted By:
Robert Knox
Acting Designated Federal Official
Haywood Turrentine
Chair
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CHAPTER ONE
MEETING OF THE
EXECUTIVE COUNCIL
1.0 INTRODUCTION
The tenth meeting of the Executive Council of the
National Environmental Justice Advisory Council
(NEJAC) took place on December 8 and 10,
= 1997, at the Regal University Hotel in Durham,
North Carolina. Mr. Haywood Turrentine,
Laborers' District Council of Education and
Training Trust Fund (an affiliate of the Laborers
International Union of North America), was
elected by the Executive Council to serve as the
new chair of the NEJAC. Mr, Robert Knox, Acting
Director, U.S. Environmental Protection Agency
(EPA) Office of Environmental Justice (OEJ), is
• serving as the acting Designated Federal Official
(DFO) for the Executive Council. Exhibit 1-1
presents a list of members who were present and
identifies those members who were unable to
attend the meeting. Approximately 245 people
attended the meeting. ,
On December 8, members of the NEJAC
participated in a site tour of several communities
near Durham, North Carolina. While traveling
from one site to the next, participants viewed
videotapes that described the environmental and
health issues that affect the local communities
they were to visit. , Guides on each bus read a
script prepared by members of the local
community that provided background and
historical information abput the communities.
Exhibit 1-2 provides a brief description of the
stops on the site tour. Exhibit 1-3 provides a
photograph of members of the NEJAC with
members of the local community at the Eu'fala
Street Landfill in Fayetteville, North Carolina.
On December 9, each member of the Executive
Council participated in the deliberations of one of
the six subcommittees of the NEJAC. Chapters
Three through Eight of this report provide
summaries of. the deliberations of the
subcommittees. In addition, the Executive
Council hosted public comment periods on the
evenings of December 8 : and 10, 1997.
Approximately 36 people participated in those
sessions. Chapter Two presents a summary of
the public comments offered during the sessions.
Exhibit 1-1
EXECUTIVE COUNCIL OF THE
NATIONAL ENVIRONMENTAL JUSTICE
ADVISORY COUNCIL
List of Members
Who Attended the Meeting
December 8 and 10,1997
Mr. Haywood Turrentine, Chair
Mr. Robert Knox, Acting DFO
Mr. Don Aragon*
Ms. Jean Belille*
Ms. Christine Benally
Ms. Sue Briggum*
Ms. Dollie Burwell
Mr. Luke Cole
Ms. Mary English
Ms. Rosa Franklin
Mr. Arnoldo Garcia .
Mr. James Hill
Ms. Annabelle Jararnillo*
Ms. Lillian Kawasaki
Mr. Charles Lee
Mr. Gerald Prputft.
Ms. Rosa Hilda Ramos
Mr. Arthur Ray
Mr. R. Lewis Shawf*
Mr. Baldemar Velasquezff
Mr.-Damon Whitehead*
Ms. Margaret Williams
List of Members
Who Were Unable to Attend
Ms. Leslie Beckhoff
Mr. Grover Hankins
Mr. Lawrence Hurst
Mr. Gerald Torres
t Attended December-8,1997 only
' ^Attended December 10, 1997 only
* New member of the NEJAC
Durham, North Carolina, December 8 and 10, 1997
1-1
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Executive Council
National Environmental Justice Advisory Council
Exhibit 1-2
STOPS ON THE SITE TOUR
On December 8,1997, members of the NEJAC
participated in a site tour of several communities in
and near Durham, North Carolina, and another
community in Fayetteville, North Carolina. Site
tours provide members of the NEJAC information
about the environmental concerns of local
communities in the areas in which meetings of the
NEJAC are held. The following summaries
describe the stops on the site tour conducted during
the Durham meeting.
The Durham Landfill. The landfill, which has
operated for more than 60 years, is located near a
wastewater treatment plant. Members of the
community noted that the city council promised not
to construct additional landfills in the community;
however, the city currently is investigating the
possibility of building another landfill next to the
existing landfill. The community has filed a
lawsuit against the city and the case is in court. A
member of the community also stated that the
effects on residents attributable to the existing
landfill include odors, insects, seagull droppings,
and contaminated drinking-water wells.
The Koppers Superfund Site. The Koppers
Superfund site is located in the community of
Shiloh, North Carolina. The site formerly housed a
wood treatment facility that contaminated the site
with pentachlorophenol (PCP). Cleanup activities
include soil remediation, treatment and discharge
of surface water, and treatment of groundwater.
The groundwater treatment system will continue to
operate on the site until cleanup standards are
achieved.
The Eufala Street Landfill,
This landfill, located
in an African-American
community, poses health
and environmental
hazards to the community.
Local residents have noted
the foul odors, as well as
the presence of rats, snakes,
mosquitos, and buzzards
in the community because
of the landfill. Residents
have complained about
the presence of ammonium
nitrate, nitroglycerine, and
explosive caps on the
landfill and have requested
that residents remaining in
its vicinity be relocated.
Lula McDonald,
Resident near the
Eufaula Street
Landfill
Exhibit 1-3: Members of the NEJAC with local
community members at the Eufala Street
Landfill.
This chapter presents a summary of the
deliberations of the Executive Council. It contains
six sections, including this Introduction. Section
2.0, Remarks, presents summaries of the remarks
offered by various speakers. Section 3.0, Reports
and Presentations, provides summaries of
presentations made to the Executive Council on
various topics. In addition, Section 4.0, Reports
of the Subcommittees, summarizes reports
submitted about the deliberations of the
subcommittees of the NEJAC during their
meetings on December 9, 1997. Section 5.0,
Administrative Issues, focuses on several topics
related to administrative tasks of the Executive
Council. Section 6.0, Resolutions, presents the
full text of the resolutions submitted to the
Executive Council by the subcommittees of the
NEJAC.
2.0 REMARKS
This section summarizes the remarks of the
Principal Deputy Assistant Administrator of EPA's
Office of Enforcement and Compliance
Assurance (OECA); the Regional Administrator
for EPA Region 4; the Director of EPA's Office of
Administration and Resources Management
. (OARM) at Research Triangle Park (RTP); chair
of the NEJAC Executive Council; and the Deputy
Administrator of EPA.
2.1 Remarks of the Principal Deputy
Assistant Administrator, OECA
Ms. Sylvia Lowrance, Principal Deputy Assistant
Administrator, EPA OECA, greeted the Executive
Council and welcomed the new members of the
NEJAC. Ms, Lowrance then acknowledged trie
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National Environmental Justice Advisory Council
Executive Council
efforts, of Ms. Clarice Gaylord, former director of
OEJ and former DFO of the Executive Council,
stating that Ms. Gaylord had worked tirelessly to
make environmental justice "a reality at EPA" and
at making the NEJAC a "reality," as well. Ms.
Lowrance then explained that Mr. Knox serves as
the acting director for OEJ until a director is
appointed. She stated that EPA had advertised
the position and, begun to review applications.
Ms. Lowrance stated that EPA would move
forward as quickly as possible to. fill the position
and that OECA will consult with the NEJAC as it
conducts the review process.
Turning her attention to recent developments at
EPA, Ms. Lowrance provided the NEJAC with an
update on the agency's environmental justice
activities. She stated that EPA is reconvening its
Executive Steering Committee on Environmental
Justice to ensure that EPA's efforts to respond to
•• concerns raised by the NEJAC are coordinated
among EPA offices. Exhibit 1-4 presents an
excerpt from the memorandum Ms. Lowrance
issued to the deputy assistant administrators of
EPAabqutthe steering committee. Ms. Lowrance
noted that, although some program offices, such
as the Superfund office and OECA, have working .
relationships with the NEJAC, other programs at
EPA need help in establishing stronger
relationships with the NEJAC, so that activities
can be coordinated, Ms. Lowrance added that
she would contact Mr. Turrentine to discuss better
approaches to the strengthening and coordination
of the relationships between subcommittees of
the NEJAC and EPA program offices. In addition,
the interagency_ Work Group (IWG) on
Environmental Justice continues to be a priority
for EPA, she stated. .
Ms. Lowrance continued her description of EPA's
environmental justice activities. She announced
to the members of the NEJAC that EPA is
developing a grants program to provide "seed
money" to a small number of states to support the
states' development of their own programs related
to Title VI of the Civil Rights Act of 1964:' EPA
also had been working, she continued, to develop
guidance for processing cases that involve
violations of Title VI. She informed the members
that EPA had developed a draft guidance for
addressing Title VI issues ia the permitting
context and had submitted the guidance to the
U.S. Department of Justice (DOJ) for review and
comment. Ms. Lowrance stated that she hoped to
share the guidance with the NEJAC in early
Exhibit 1-4
U.S. ENVIRONMENTAL PROTECTION
AGENCY'S (EPA) EXECUTIVE
STEERING COMMITTEE ON
EN VIRONMENTAL JUSTICE
The purpose of this memorandum is to
"reinvigorate" the Executive Steering
Committee on Environmental Justice'which was
established in early 1994 as a means to enhance
our [EPA's] programs, especially as they relate
to cross-cutting issues. A number of issues need
our attention. Fred Hansen [EPA Deputy
Administrator] plans to call on all of the
agency's programs and regional offices to -
strengthen their efforts to promote
environmental justice and to take advantage of
the National Environmental Justice Advisory
Council when crafting new policies. Also, we
[EPA] are close to having a NEJAC
subcommittee for each major office — so this is
an opportune time to reestablish a senior
management steering group.
— Excerpt from a Memorandum,
Principal Deputy Assistant
Administrator, EPA Office of
Enforcement and Compliance
Assurance
December 5,1997
January 1998 and that EPA would hold a series of
public forums to discuss the draft guidance.
Ms. Lowrance also explained that EPA's
environmental justice small grants program will
continue in 1998, funded at $2.5 million. EPA
regional environmental justice coordinators can
provide more information about the small grants
program, she added. ,
Ms. Lowrance alsojnformed the members of the
NEJAC that EPA's. Community and University
Partnership (CUP) Grant Program will not be
funded in 1998. Instead, EPA will evaluate the
CUP program to determine its effectiveness, she
stated. Responding to, concerns raised by
members of the Executive Council, Ms. Lowrance
explained that EPA will be evaluating the
effectiveness of the CUP program in response to
questions that have been raised about whether
Durham, North Carolina, December 8 and 10,1997
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National Environmental Justice Advisory Council
relationships that exist between universities and
communities are adequate. She explained that
EPA's original intention was that the grants be a
vehicle through which universities serve as
catalysts for empowering communities. EPA
wants to ensure that the funding is being used as
Intended, she added.
Mr. Arthur Ray, Maryland Department of the
Environment and chair of the Enforcement
Subcommittee, expressed concern that the
position of director of OEJ had not been filled.
Responding to Mr. Ray's concern, Ms. Lowrance
stated that EPA readvertised the position to allow
all interested persons sufficient time to apply for
the position. Ms. Lowrance emphasized that,
although Ms. Gaylord is no longer at EPA
headquarters, her advice and counsel are sought
frequently.
Mr. Luke Cole, California Rural Legal Assistance
Foundation's Center on Race, Poverty, and the
Environment and member of the Enforcement
Subcommittee, commented that EPA had
informed the NEJAC at its December 1996
meeting that guidance on Title VI was to be
available by February 1997. He added that the
slow progress in that area is "symptomatic of
EPA's approach to Title VI and civil rights in
general." Mr. Cole stated further that the
Enforcement Subcommittee had expected to
receive a briefing on EPA's progress related to
Title VI issues during the subcommittee's meeting
on December 9. However, he stated, EPA had
sent its "most junior staff member" to make the
presentation, adding that such poor
representation was a further indication that EPA
does not take the issue seriously. Mr. Cole also
pointed out that EPA's legal staff responsible for
responding to Title VI complaints' had been
reduced from four attorneys to two. Ms.
Lowrance acknowledged some validity to Mr.
Cole's remarks, adding that she had taken a
personal interest over the past six months in
completing the guidance. She also repeated her
commitment to sponsor roundtable meetings for
stakeholders to discuss the draft guidance to
ensure that EPA obtains comments from
stakeholders on the document, as well as on the
agency's rationale and thought process in the
development of the guidance.
Mr. Charles Lee, United Church of Christ
Commission for Racial Justice and chair of the
Waste and Facility Siting Subcommittee,
observed that, over the past year, there had been
a "certain amount of slowness within EPA" with
respect to environmental justice. He added that
"when environmental justice first came to the"
agency, a few offices stepped forward because
they understood it; however, the agency as a
whole has not." Mr. Lee stated that EPA's
progress in addressing issues related to
environmental justice should be evaluated;
however, he pointed out, the extent to which the
agency has not addressed such issues is more
important than the extent to which it has.
2.2 Remarks of the Regional Administrator of
EPA Region 4
Mr. John Hankinson, Regional Administrator of
EPA Region 4, began his remarks by stating that
EPA had covered much ground in the four years
during which he had served as Regional
Administrator of EPA Region 4. He stated that
Executive Order 12898 on Environmental Justice
had been instrumental in the substantial progress
that EPA had made in Region 4 in addressing the
environmental concerns of communities.
Mr. Hankinson pointed out some of the areas in
which progress had been made to achieve
environmental justice. He noted that the purpose
of the pilot relocation roundtable meeting held in
Pensacola, Florida was to "help people move to
better places." He also noted that, after the riots
that occurred in St. Petersburg, Florida in October
1996, President Clinton had directed all federal
agencies to send representatives to the St.
Petersburg area and assist in rebuilding the area
and improving the quality of life for residents. Mr.
Hankinson also pointed out that EPA Region 4
had assisted in that effort by providing support for
site assessments and training to prepare local
residents for jobs in cleanup, wastewafer
treatment, and other environmental areas. He
also noted that the region had made progress in
cleaning up areas of Chattanooga, Tennessee,
affected by long-standing environmental issues.
In addition, Mr. Hankinson stressed the
importance of preventing health threats to
communities. He stated that discussions about
enforcement and "ways to use existing laws in
preventive ways" are necessary. He observed
that members of the NEJAC face the tremendous
challenge of working on policy issues and
engaging in productive dialogue and debate. Mr.
Hankinson then noted that the NEJAC "brings
energy and drive" to help EPA address important
issues such as (1) the proper application of the
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National Environmental Justice Advisory Council
Executive Council
Brownfields redevelopment program to revitalize
actually or potentially contaminated unused or
underused buildings and property and (2)
targeted enforcement actions to address issues of
concern to people of color and low-income
communities.
'Mr. Hankinson also stressed his commitment to>
the development of partnerships and the conduct
of dialogue to address such important issues as
environmental and health risks and community
' education. He added that he looked forward to
continuing to work with the NEJAC and local
community groups to address issues and
concerns related to environmental justice.
2.3 Remarks of the Director of EPA's OARM at
RTF
Mr. William Laxton, Director of EPA's OARM at
RTF, welcomed the members of the NEJAC to
the Durham, North Carolina area. Mr. Laxton
described the role of RTF in EPA and pointed out
that, although RTF is located in the Durham area,
it is not a facility of EPA Region 4, but of EPA
Headquarters. He explained that RTF is, above
all, a research program - the main goal of which
is to engage in quality science. Mr. Laxton also
noted that RTF is responsible for the national air
quality program that sets national standards for
the air pollution control program. In addition,
EPA's national computer center for EPA is located
and maintained at RTF, he stated. Mr. Laxton
pointed out that some 3,000 federal and
contractor employees work at the RTF facility and
^that RTF awards more than $200. million in
contracts each year.
Mr. Laxton noted that many issues related to
environmental justice involve research — such as
characterizing the sources of pollution, conducting
studies of exposure and extent of contamination,
and examining the cost-effectiveness of
technology development - which are major
functions of RTF.
Mr. Laxton also informed the members of the
Executive Council that the administrator of EPA,
the Congress, and President Clinton have
demonstrated their .commitment to RTF by
allocating funds for a new, permanent EPA facility
at RTF, explaining that EPA currently uses a
leased facility. He added that construction of the
new facility, which will cost approximately $270
million, had begun in October 1997. Mr. Laxton
offered to host a NEJAC meeting at the, new
facility in the year 2001.
Mr. Ray questioned the extent to which the local
community is aware of the research activities
conducted at RTF, and he questioned the extent
to which RTF staff represent diverse
backgrounds. Ms. Rosa Hilda Ramos,
Community of Catano Against Pollution and chair
of the Public Participation and Accountability
Subcommittee, expressed concern about the lack
of accessjp grassroots organizations among staff
of RTF and their related lack of knowledge of
such organizations. She also emphasized that
public participation means the involvement of all
segments of a community in the decisionTmaking
process.
In response, Mr. Laxton. stated that he would
provide information about the issues raised by
members of the Executive Council and forward
that information to the members. In addition, he
asked the members of the NEJAC to identify
opportunities for RTF to assist local communities
in addressing environmental issues.
2.4 Remarks of the Chair of the Executive
Council
Mr. Turrentine expressed his gratitude and
appreciation to all individuals who volunteer their
time to the NEJAC and its activities. He then
recognized the .efforts of Mr. Richard Moore,
Southwest Network for Environmental and
Economic Justice and former chair of the
. Executive Council of the NEJAC, explaining that,
although the current council was new, there would
be no need to "reinvent" what Mr. Moore and the
previous executive councils had accomplished.
Mr. Turrentine expressed his hope that the
members of the current executive council would
carry on the hard work and dedipation of the
members of the earlier bodies.
Mr. Turrentine then suggested that the members
of the NEJAC be mindful and respectful of those
attending the meeting to provide comments and -
express concerns about their struggles. He
encouraged participants to attend the meetings of
the subcommittees on December 9 and reminded
the members that subcommittees are "the driving
force behind NEJAC's resolutions and action
items." Mr. Turrentine then briefly described the
composition and purpose of the NEJAC by stating
that the NEJAC was made up for the most part of
private citizens who volunteer their time to offer
Durham, North Carolina, December 8 and 10,1997
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advice to the administrator of EPA. He then
informed the participants that planning the
meetings of the NEJAC requires "a tremendous
amount of time" and thanked the staff of OEJ for
their dedication tg the NEJAC.
Mr. Turrentine made special mention of the
Enforcement Subcommittee for its efforts in
planning and coordinating activities for the
Second Environmental Justice Enforcement
Roundtable that was held December 11 through
13,1997 at North Carolina Central University in
Durham, North Carolina. Exhibit 1-5 provides
Information about the roundtable meeting.
Mr. Turrentine concluded his remarks by
welcoming the new members of the Executive
Council and the subcommittees. He pointed out
that approximately 20 new members had been
assigned to subcommittees. He explained that, in
November 1997, an orientation session had been
held at EPA Headquarters in Washington, D.C., to
provide new members with the background
necessary for them to participate fully as NEJAC
members. He also noted that the November 1997
orientation session had been conducted in
response to a recommendation made during the
May 1997 meeting of the NEJAC that council
members be better prepared to meet their
responsibilities.
2.5 Remarks of EPA's Deputy Administrator
Mr. Fred Hansen, Deputy Administrator of EPA,
began his presentation by thanking those
responsible for coordinating the NEJAC meeting.
He stressed the importance of the NEJAC in
helping to create a model that other agencies can
follow in carrying out their environmental justice
strategies and President Clinton's commitment to
improve race relations. Exhibit 1-6 presents a
photograph of Mr. Hansen addressing the
NEJAC.
Mr. Hansen then discussed other issues related to
environmental justice that EPA is addressing,
such as environmental concerns in Indian
country. He stated that EPA had created the
American Indian Environmental Office (AIEO) and
that AlEO's budget has been quadrupled to fund
grants to tribes to help the tribes build their
environmental infrastructures.
Mr. Hansen then identified for the NEJAC issues
he said he believes are "pressing" for EPA: lead,
asthma, and Title VI. He stated that one million
Exhibit 1-
EN VIRONMENTAL JUSTICE
ENFORCEMENT ROUNDTABLE
Pursuant to Executive Order 12898 on
Environmental Justice, the Environmental
Justice Enforcement Roundtable was held to
provide an opportunity for stakeholders in
environmental justice (for example, grassroots
groups; individuals; business and industry;
federal, tribal, state, and local governments; and
others) to exchange ideas about how
communities could play a more active role in
environmental enforcement and compliance
activities and to provide recommendations to
EPA and state environmental agencies for the
development of policies for enhancing citizens'
participation and involvement in enforcement
and compliance activities.
The roundtable meeting featured:
• Panel discussion that offered community,
state, and federal perspectives on what
environmental enforcement is and what it is
not
• Open dialogue about enforcement and
compliance assurance issues
• Dialogue on specific enforcement issues
and recommendations for improvements
• Community poster session
• Separate caucuses for each of the states in
EPA Region 4 that focused on state- and
site-specific issues
The report of the roundtable is available on the
Internet at the NEJACs World Wide Web home
page: http:/www.ttemi.com/nejac.
children have elevated blood lead levels and
more than five percent of Hispanic children have
blood lead levels above national standards. He
noted that substantially more work is needed in
Exhibit 1-6: Mr. Hansen addressing members
of the Executive Council of the NEJAC.
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National Environmental Justice Advisory Council
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that area. Mr. Hansen added that asthma is "on
the rise" in the African-American community,
pointing out that African-American children are six
times more likely to die of conditions related to
asthma thaji their white counterparts and that "air
pollution is a key element in that equation." He
also noted that levels of pesticide poisoning are
increasing, particularly among the Hispanic
population and among children who work
alongside their farm worker parents.
Mr. Hansen emphasized that he and the
administrator of EPA are committed to making
improvements in workforce diversity, pointing out
that the agency should "look more like America."
Mr. Hansen also stated that EPA had established
an internal task force on Title VI to develop a
framework in which EPA would consider the
petitions it receives. He announced that the draft
guidance on Title VI would be distributed to the
NEJAC by the end of December 1997, and that
EPA would like to receive comments from
members of the NEJAC. He also mentioned that
he has' asked each senior manager for each EPA
'program office to identify additional ways in which
EPA can increase its efforts to ensure
environmental justice. Mr. Hansen stated that
those recommendations would be presented to
the NEJAC at its June 1998 meeting.
After Mr. Hansen had completed his presentation,
Mr. Lee lauded the efforts of Mr, Hansen and Ms.
Carol Browner, the Administrator of EPA, noting
that much progress had been made- in
environmental justice; however, he continued,
there is a "big gap" in the area of integrating
environmental justice throughout the agency. Mr.
Lee noted that substantive effort had been made
in the Offjce of Solid Waste and Emergency
Response (OSWER) and OECA, but not in other
program offices. Mr. Lee stated that there must
be visible leadership on the part of th6 assistant
administrators of EPA program offices; goals;
milestones, and accountability measures must be
clear; and resources must be reliably committed.
He expressed concern that environmental justice
is an unfunded mandate and that levels of funding
and staffing are uneven among the various EPA
offices. Mr. Lee stated further that there is no
"real connection" between community-based
environmental protection (CBEP) and
environmental justice. He asked how much of
EPA's CBEP budget had been allocated to
ensuring environmental justice. Finally, Mr. Lee ,
expressed concern about the suspension of the
CUP grant program and stated that EPA should
make a commitment to continue the program
while it is undergoing evaluation.
Mr. Hansen responded to Mr. Lee's concerns by
assuring Mr. Lee that EPA is. committed to
environmental justice as a priority in all program
. offices. He stated that EPA intends that
environmental justice will become a fundamental
element of each program, adding that "in a large
bureaucracy, this doesn't happen over night." In
response to Mr. Lee's comment about staff and
funding issues, Mr.. Hansen endorsed the
suggestion that EPA should investigate the
possibility of accounting for the percentage of
CBEP funding that is allocated to environmental
justice. He offered to engage in further dialogue
with the members of the NEJAC to discuss
specific issues related to funding and pointed out
that he had not been aware that the CUP grant
program had been suspended. Mr. Knox'stated
that, in previous years, the CUP grarit program
had been available through a congressional "add-
on" to EPA's budget and that the agency had not
received any "add-on" funds from Congress under
the new budget.
Mr. Cole remarked that civil rights issues are
fundamental to environmental justice. To the'
extent that the agency does not have a credible
civil rights enforcement policy, he continued, he
believes that EPA cannot: say it has a credible
environmental- justice strategy. .Mr. Cole
expressed frustration that "not a single case has
been decided on the basis of Title VI in the history.
of EPA." This circumstance, he said, "indicates a
fundamental lapse on the agency's part." Mr.
, Cole added that the Office of Civil Rights (OCR)
had been without an appointed director for more.
than one year and functions with only an acting
director. He contrasted EPA's perceived
commitment in the area to that of other agencies,
noting that the U.S. Department of Housing and
Urban Development (HUD) currently has a 10-
member team working on one case, while EPA
has only- two attorneys working on cases
nationwide. Mr. Cole strongly recommended that
EPA appoint a permanent director who has
extensive experience in the civil rights field and
that EPA establish strike teams to investigate
complaints under Title VI.
In response, Mr. Hansen stated that he shares the
frustrations expressed by Mr. Cole, adding that
- EPA expects to use the framework developed for
responding to complaints in the draft guidance to
make decisions about specific cases.
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National Environmental Justice Advisory Council
Other members of the Executive Council offered
comments and made suggestions to Mr. Hansen.
Ms. Christine Benally, Sanostee Chapter of the
Navajo Nation and member of the Indigenous
Peoples Subcommittee, commented that EPA's
statistical data do not include specific information
about health issues related to Native Americans.
She compared AIEO to a "trash bin," stating that
the office receives assignments from other offices
because those offices do not know how to deal
with Native Americans. Mr. Hansen agreed that
the agency should better characterize its data on
Native Americans to support its decision-making
processes. Mr. Hansen also stated that the issue
Ms. Benally had raised is another area in which
the NEJAC could assist EPA, for example, by
informing the agency on ways to better conduct
risk analyses when Native American communities
are involved.
Mr. Ray expressed concern about the lack of
'"connectedness" between RTP and the local
community, observing further that the lack of
diversity among management at RTP is
"appalling." Mr. Ray also expressed concern that
EPA Region 4 was not involving communities in
setting core indicators for. its performance
measures strategy. He also inquired about the
role of environmental justice in the debate about
President Clinton's initiative on race. Mr. Hansen
stated that he had met with representatives of the
area's historically black colleges and universities
to develop additional internship programs and
hiring efforts. Mr. Hansen then responded that
EPA is developing four core indicators on a
national level to measure performance;
environmental justice, he said, is included in that
effort. Mr. Hansen added that EPA will
Investigate ways in which the NEJAC might assist
EPA in efforts related to core indicators. He then
commented that the- President's Management
Council had discussed ways* to "work
environmental justice into the fundamental
elements of the initiative on race."
Ms. Ramos expressed concern about community
participation in the decision-making processes of
•EPA. She commended EPA for using the Model
Plan for Public Participation developed by the
NEJAC; however, she said the plan is only a
model for planning meetings. The agency should
make fundamental changes in the way it makes
decisions when issuing permits, conducting risk
and site assessments, and receiving notification
of companies' intent to build facilities, she said.
Ms. Ramos added that "it is not fair" that EPA
gives communities only 30 days to comment on
technical issues that will affect the lives of
members of those communities for many years.
Communities do not always have the technical
expertise needed to respond quickly, she
continued, noting that providing more time for
comment can allow communities an opportunity to
develop better understanding of the issues. In
response to Ms. Ramos' concerns about
community participation, Mr. Hansen stated his
belief that the most effective tool is information.
He added that the agency is beginning to stress
the importance of community-based
environmental protection. Mr. Hansen stated
further that EPA should find ways other than
through the Internet to make information available
to communities, acknowledging that the Internet
is not accessible in many communities that are
faced with environmental justice issues. Many
problems can be alleviated when communities
have full information and opportunities to become
involved in decision-making processes, he added.
Mr. Damon Whitehead, Earthjustice Legal
Defense Fund, and Ms. LHIian Kawasaki, City of
Los Angeles (California) Environmental Affairs
Department, both members of the Waste and
Facility Siting Subcommittee, expressed concern
about EPA's oversight authority related to states,
pointing out that (1) communities should know
who is accountable and (2) mechanisms for
delegating programs to states should include
provisions that ensure that EPA does not lose its
focus on environmental justice. Ms. Kawasaki
added that unintended consequences sometimes
result from EPA's efforts; she expressed concern
about the potential consequences of the air
emissions 'credits trading program for low-income
communities and communities of people of color.
Mr. Hansen responded that the issue of EPA
oversight of states is an area of ongoing tension.
He stated that EPA must ensure that states
operate their delegated programs appropriately
and expressed an interest in being made aware
of specific cases in which the NEJAC perceives
that states are not addressing issues adequately.
He agreed with Mr. Whitehead's comment that
mechanisms for delegating authority to states
should include provisions for addressing concerns
related to environmental justice. Mr. Hansen
emphasized the agency's intent to address issues
on a regional basis, while simultaneously
ensuring that programs are not implemented in
ways that produce "toxic hot spots" in
communities, no matter the color of their
residents. Mr. Whitehead then stated that EPA
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should take a stronger role in exercising its
authority to conduct oversight of cleanup efforts at
federal facilities.
Mr. Don Aragon, Wind River Environmental
Quality Commission of the Shoshone and
Northern Arapaho Tribes, questioned EPA's
treatment of tribes as states when it develops
regulations. He requested that EPA reexamine
and abolish that policy. He pointed out that
reservations are among the most heavily
regulated areas, in the country. He added that
EPA's treatment of tribes is inconsistent with its
commitment to gpvernment-to-government
relationships. Mr. Hansen responded that
congressional^ mandates do not leave EPA much
flexibility in its treatment of tribes. However, he
added, EPA does emphasize as much as
possible that a true government-to-government
relationship must exist.
Mr. Hansen concluded his remarks by agreeing to
attend the next meeting of the NEJAC scheduled
for June 1998, stating-his confidence in the value
of his interactions with the members of the
NEJAC.
3.0 REPORTS AND PRESENTATIONS
This section summarizes presentations on issues
related to activities of the EPA Off ice,of Children's
Health Protection (OCHP); the EPA Office of Air
Quality Planning and Standards (QAQPS) at RTP;
and the White House Council on Environmental
Quality (CEQ).
3.1 Report of Activities of EPA's Office of
Children's Health Protection
Ms. Ramona Trovato, Director of EPA's OCHP,
stated that, in April 1997, President Clinton had
issued an Executive order on children's health
that directed federal agencies to work together to
develop a research strategy to address children's
health issues. The Executive order also directed
federal agencies to identify existing programs and
determine how well those programs are achieving
their goals. She also informed the Executive
Council that a task force, co-chaired by the
administrator of EPA and the secretary of the U.S.
Department of Health. and Human Services
(HHS), had been established to coordinate
responses to children's health issues among the
federal agencies. Exhibit 1-7 summarizes the
.actions EPA has undertaken that are related to
the protection of children's health.
Exhibit 1-7
CHILDREN'S HEALTH PROTECTION
AT THE U.S. ENVIRONMENTAL
PROTECTION AGENCY (EPA)
The EPA Administrator announced EPA's
National Agenda to Protect Children's Health
from Environmental Threats in September 1996,
and in May 1997 EPA established the Office of
Children's Health Protection (OCHP). The
purpose of the new office is to make the
protection of children's health a fundamental
goal of public health and environmental
protection in the IJnited States. .EPA also
created an EPA Board on Children's
Environmental Health to coordinate children's
health issues across the agency and to assure
integration of EPA activities affecting children.
In addition, EPA also established the Children's
Health Protection Advisory Committee
(CHPAC) to provide advice to the EPA
Administrator on matters related to children's
health.
EPA also .will begin a review of five of the most
significant current EPA standards to ensure that
EPA health standards are protective of children
and also will develop new, comprehensive
policies that address children's cumulative and
simultaneous exposures to environmental health
threats. .
EPA and the National Institute of Environmental
Health Sciences (NIEHS) have formed a
partnership to establish centers of excellence for
community-based children's research. Grants
will be awarded by September 1998 and work
will be able to begin by October 1998.
Ms. Trovato informed the NEJAC that the
Children's Health Protection Advisory Committee
(CHPAC) had met for the first time during the
week of December 1, 1997 and, during that
meeting, had formed two work groups, one to
address outreach and communication and the
other to identify five existing EPA standards that
the agency should review to ensure that they are
protective of children's health. Ms. Trovato also
requested that the NEJAC nominate individuals to
serve on the work groups of the CHPAC. Ms.
Trovato also stated that EPA is compiling an
inventory of its activities related specifically to
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children's health issues and expects to publish a
list of such activities by the end of January 1998.
In addition, she stated that EPA plans to sponsor
a conference on learning disabilities in the fall of
1998 and is seeking recommendations for topics
for the conference. Ms. Trovato concluded her
remarks by soliciting the advice of the NEJAC on
suggestions for actions EPA should take with
respect to children's health issues that affect
people of color and low-income communities.
After Ms. Trovato's presentation, Ms. Ramos
commented that some data suggest that Puerto
Ricans have high incidences of respiratory
problems. She asked whether statistical
information about respiratory problems among
Latinos was available, and requested information
comparing Latino communities with African-
American and Caucasian communities, as well.
Ms. Ramos stated that it appears that EPA
focuses on indoor air pollution. She expressed
concern that, in Puerto Rico, indoor air pollution is
not a priority issue because of commonwealth's
tropical, open-door environment. Ms. Ramos also
stated that EPA had not included Puerto Rico in
its acid rain programs.
Ms. Trovato stated that indoor air pollution is a
priority for EPA, although she said she
understands why the issue would not be a priority
for Puerto Rico. She added that she did not have
information about the acid rain program, but
promised to investigate the issue and also to
provide to the NEJAC the statistical information
Ms. Ramos had requested about health issues
specific to Latinos.
Mr. Ray commented that it is crucial that the
NEJAC and OCHP establish and engage in
dialogue on the issue of children's health because
"children are growing up in areas where they can
barely breathe." Mr. Ray then asked whether the
Director of OEJ is a member of the EPA Board on
Children's Environmental Health. He also asked
why CHPAC had chosen outreach and cost-
benefit analysis as specific areas of focus. Ms.
Trovato explained that the OCHP had not
selected the members of the board and that the
Director of OEJ was not a member. She
explained that a memorandum had been sent to
all assistant administrators of EPA program
offices to request nominations for participants.
She added that three individuals on the staff of
OECA had chosen to participate in the board,
adding that Mr. Knox was welcome to do so, as
well. Mr. Knox agreed to serve on the board. In
response to Mr. Ray's question about the focus
areas chosen by CHPAC, Ms. Trovato explained
that EPA does not mount effective outreach
efforts; therefore, CHPAC chose to focus on that
area. Further, she explained that, when writing
regulations for the protection of children's health,
EPA must demonstrate that the benefits outweigh
the costs; therefore, CHPAC chose to focus on
that area, she said.
Ms. Mary English, University of Tennessee
Energy, Environment, and Resources Center and
chair of the Health and Research Subcommittee,
commented that EPA should reconsider the term
"cost-benefit," stating that too much work has
been done on the costs and not enough on the
benefits of promoting and ensuring children's
health. Ms. English also asked whether Ms.
Trovato's office is coordinating its outreach and
communication efforts with those of EPA's Office
of Research and Development (ORD). , Ms.
Trovato expressed agreement with Ms. English's
comment about too little emphasis on benefits,
while pointing out that not all members of her
team share her view. She added that OCHP
currently is not coordinating its outreach efforts
with ORD, but that it intends to do so in the future.
Mr. Lee expressed enthusiasm about the
children's health initiative. He then inquired about
the racial and ethnic diversity of the members of
the advisory committee. Mr. Lee then cautioned
EPA against "getting into deep scientific
discussions while missing the obvious" because
psychological and social issues intersect and that
learning disabilities are connected to low self-
esteem and racism. He suggested that CHPAC
conduct discussions about the issue of children's
health, race, and the environment. He also asked
about mechanisms to ensure that "the centers of
excellence, being established by the National
Institute of Environmental Health Sciences
(NIEHS) and ORD, are community driven." Ms.
Trovato stated that she would investigate the
mechanisms for ensuring that that is the case.
She added an endorsement of Mr. Lee's
suggestion of dialogue on the issues of children's
health, race, and the environment. She also
stated that she would add the members of the
NEJAC to OCHP's mailing list and would provide
to the NEJAC the names of individuals who serve
on CHPAC. Ms. Trovato suggested that OCHP
and OEJ explore the possibility of a joint meeting
of the NEJAC and CHPAC.
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3.2 Report of Activities of EPA's Office of Air
Quality Planning and Standards at RTP
,Mr. Leo Stander, EPA OAQPS at RTP, presented
information about EPA's' operating permits
program under Title V of the Clean Air Act (CAA),
emphasizing the strengths and weaknesses of the
program with respect to environmental justice.
Exhibit 1-8 provides information about the part 70
operating permits program.
"Mr. Stander explained that the role for
considerations of environmental justice in the
permit process is during the public review period.
He informed the members of the NEJAC that
concerns related to environmental justice are
being incorporated into some permit applications.
He concluded his remarks by stating that the
purpose of Title V is to ensure more effective
compliance and improve air quality.
Following Mr. Stander's presentation,, Mr. James
Hill, Klamath Tribe and chair of the Indigenous
Peoples Subcommittee, expressed concern
because the presentation did not include
information applicable to tribes. Mr. Hill
challenged EPA to "include tribes up front, not to
add them in after the fact." Mr. -Hill stated that
tribes are always an afterthought for EPA, noting
that when he worked at EPA in the 1980s, the
prevailing thought process with respect to the
inclusion of tribes in the development of pesticide
regulations was "we'll fit them in later." Mr. Hill
added that tribes cannot regulate their own
facilities, a circumstance that he pointed out is a
tremendous impediment to ensuring
environmental justice. Mr. Stander replied that a
group of individuals in EPA is working on the
development of tribal implementation plans under
part 71 for an operating permits program for tribal
lands. • " . •
Exhibit
PART 70 OPERATING PERMITS PROGRAM .._•"
/.••'"• "
The 101st Congress amended the Clean Air Act (CAA) by passing the Clean Air Act Amendments (CAAA) of
1990, signed into law on November 15,1990. The amendments established many new programs intended to
improve the nation's air quality. One of those programs, title V, requires that the U.S. Environmental
Protection Agency (EPA) promulgate regulations "establishing the minimum elements of a permit program to
be administered by any air pollution control agency." "" - ' •
On July 21, 19.92, EPA fulfilled the requirements of title V by promulgating regulations under part 70 of title
40, chapter I of the Code of Federal Regulations (CFR). Part 70 establishes the minimum requirements that a
state operating permits program must meet. All states must develop part 70 operating permits programs that
meet the requirements of part 70 and submit the programs to EPA for approval. After a program has been
approved, an operating permit will be required of anyone who owns or operates in that state certain types of
facilities that generate air pollutants; The'facility thence-forth must, operate in a manner that complies with its
operating permit. The part 70 permit is the document that spells out the air pollution control requirements a
source must meet under the CAA. Requirements that must be included in the permit are called "applicable
requirements." Some applicable requirements are established directly by EPA and others are established by the
state programs required under the CAA. Requirements set by states through programs required under the CAA
are enforceable by EPA. In general, any requirements set directly by EPA, such as new source performance '"•
standards (NSPS), are adopted and enforced by states. All applicable requirements, therefore, are federally
enforceable and should be enforceable by states. Therefore, if applicable requirements are included in an
operating permit, the permit will be both state and federally enforceable. " •''.
.The operating permit brings together into one document all the requirements under the CAA that apply to a
source, and reconciles any questions of exactly what requirements do apply, improving not only the company's
ability to comply, but also the public's ability to know to what requirements the facility is.subject and its
compliance status. . . . . •
Finally, the permit is a public document and, after issuance, is accessible to the public, as well as the facility
and the state. A facility's annual compliance certifications and semiannual monitoring reports are also public
documents. Therefore, the public will be able, to determine at any tune what is required of a facility and
whether it is in compliance. EPA also will maintain files of permits and have access to them during
enforcement actions or permit renegotiation procedures.
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Ms. Ramos commented that air emission
standards in Puerto Rico are three times higher
than the federal standards. She asked why the
state implementation plan allows less restrictive
standards in Puerto Rico. Ms. Ramos added that
power plants in Puerto Rico are in violation of the
air emissions standards, but EPA considers
"invisible pollutants to be in compliance." Ms.
English and Ms. Benally also expressed concern
abdut state implementation plans, requesting that
EPA ensure compliance with the requirements set
forth in operating permits, particularly in
communities that are overburdened by industry.
In addition, Ms. English asked about the process
EPA uses to evaluate state air programs.. She
commented that, to ensure consideration of
environmental justice, the states must implement
and practice public involvement efforts. Ms.
Benally asked whether communities are involved
in the evaluation of state air programs and
whether communities had been involved in
revising the air quality standards.
Mr. Stander responded that state implementation
plans include requirements that it be ensured that
national air quality standards are achieved. With
respect to community involvement, Mr. Stander
explained that "extensive public comment" was
sought and considered in the development of the
ambient air quality standards. He added that
public hearings had been held across the country
to solicit the views of communities. Permits are
initiated by local and state agencies, he said, and
local communities are involved in the permit
hearing process.
'j, '
Ms. Kawasaki pointed out that, in her district,
several hundred permits may be undergoing
public comment periods at any given time. She
expressed concern that local communities are not
able to review such a large number of permits
within the designated 30-day public comment
periods. She asked that EPA consider modifying
the public comment process to allow "staggered"
public comment periods. Mr. Stander promised to
bring the issue to the attention of "agencies that
make those decisions" and stated that he would
request that efforts be made to ensure that local
communities are kept informed of permits
entering the review stage.
Mr. Whitehead asked Mr. Stander to provide an
update on the status of the permit for the
proposed Shintech manufacturing facility in
Louisiana. Mr. Stander replied that EPA Region
6 has jurisdiction over that matter. EPA is
evaluating the permit, he continued, and the
public hearing process will resume in January
1998 to ensure that the local community is not
"encumbered by the Christmas holiday." Mr.
Stander added that EPA is investigating issues
related to violations of Title VI of the Civil Rights,
Act of 1964 and possible cumulative health
effects on local communities. He stated that the
regulations had been designed to ensure that an
entire geographical area is in compliance if
facilities located in that area are in compliance;
however, EPA is investigating the answers to the
questions, "What are cumulative health effects?"
and "What is a cumulative risk assessment?"
3.3 Report of Activities of the White House
Council on Environmental Quality
Mr. Bradley Campbell, White House CEQ, began
his presentation by thanking the NEJAC and EPA
for the opportunity to, discuss issues related to
environmental justice that the White House
currently is addressing. Exhibit 1-9 provides a
summary of actions related to environmental
justice that the White House has undertaken.
Mr. Campbell concluded his remarks by stating
that he looked forward to receiving comments and
suggestions from the NEJAC on the activities of
the White House that are related to environmental
justice.
Mr. Lee remarked that the record should reflect
accurately that, many years ago, "environmental
justice communities" raised the idea to the
President and Vice-President of convening a
meeting at the White House to discuss the
implementation of the Executive order. Mr. Lee
added that the planning process for the meeting
should be "community-inclusive and community-
based." He urged the CEQ to make the purpose
of the meeting clear, cautioning that the meeting
could become a "simple photo opportunity ...
without any substantive discussions of what has
not been done." Mr. Lee added that the meeting
should be viewed as an opportunity to address
substantive issues, such as ways to encourage
the IWG to action, and that it should be viewed as
a beginning rather than the culmination of events.
Mr. Whitehead agreed, stating that diverse
populations should be represented at the meeting
and noting that the Executive Council had
developed a resolution requesting an analysis of
agencies' implementation of the Executive order.
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Exhibit 1-9
UPDATE ON ENVIRONMENTAL
JUSTICE ACTIVITIES AT
THE WHITE HOUSE
The White House Council on Environmental
Quality (CEQ) has issued the final guidance for
implementing the Executive Order on
Environmental Justice under the National
Environmental Policy Act (NEPA). The
document clearly indicates that, in cases in
which issues related to environmental justice are
a concern, socioeconomic effects must be
analyzed in the context of an environmental •
assessment.
The White House also plans to sponsor a
meeting to commemorate the fourth anniversary
of the Executive Order on Environmental ,
Justice, as well as to review implementation of
the order. Possible topic areas are community
concerns about particular sites; the process for
ensuring that issues of environmental justice are
addressed adequately; and concerns related to
Title VI of the Civil Rights Act.
In addition, the CEQ has been working actively
with several communities to ensure that,,in the
case of the Sierra Blanca community in Texas,
the U.S. Congress does not override the
concerns of the community. CEQ also has been
assisting the community in the vicinity of
Children's Island in Washington, D.C. to ensure
that the government of the District of Columbia
does not move ahead with a project without
notice to the community and that decisions are
consistent with the community's environmental
justice concerns.
Mr. Campbell responded that the CEQ is open to
suggestions for an appropriate meeting format.
He added that he was unsure whether one
meeting would be sufficient to address'all. the
•pressing needs that had been identified and that
his personal goal was to prepare an analysis of
the implementation of the Executive order by the
federal agencies in advance of the meeting. He
noted that it is often difficult to "get agencies to
engage, in self-criticism of their programs." He
then added that concerns raised about federal
agencies' lack of progress in processing claims
under Title VI suggest the need to report on the
number of outstanding claims and the constraints
that have impeded progress in processing those
claims. Mr. Campbell pointed out that many
issues have "tough, difficult" components that
agencies are addressing for the first time. Their
progress, therefore, is slow, he said.
Ms. Ramos asked whether the CEQ used the
Model Plan for Public Participation developed by
the NEJAC'when CEQ developed the guidance
for implementing the Executive order under the
National Environmental Policy Act (NEPA). She
specifically inquired about the involvement of
community members in.the development of the
guidance. Mr. Campbell responded that the CEQ
provided a draft version of the guidance to the
NEJ, AC for comment and that changes had been
, incorporated into the document in response to
most of the comments received from the NEJAC.
He pointed out that the CEQ did not want to
restate existing requirements, nor did it want to
dictate a "one-size-fits-all" approach.
Ms. English expressed concern about the
potential legal ramifications of the determination
whether an "environmental justice community"
exists, which she characterized as an overall
issue related to NEPA. The guidance, she
observed, may have the result of creating
struggles to make determinations whether
"environmental justice communities" are,
potentially at risk or whether a particular
community qualifies as an environmental justice
community. Mr. Campbell responded that the
guidance states that socioeconomic effects
should be considered in all pases. He added that
he was not sure whether the guidance will
complicate the process of determining whether an
"environmental justice community" exists.
Ms. Kawasaki asked how the CEQ will distribute
the guidance to other federal agencies ,and
ensure that the guidance does not become "just
another document." Mr. Campbell explained that
all agencies will be notified of the document's
availability, a notice will be placed in the Federal
Register,- and the secretaries of the federal
agencies will be made aware of the document's
existence.
Mr. Baldemar Velasquez, Farm Labor Organizing
Committee and chair of the International
Subcommittee, commented that he does not
believe that the CEQ fully understands the
"justice" aspect of environmental justice. Exhibit
'1-10 presents an. excerpt of Mr. Velasquez's
remarks to Mr. Campbell. . . .
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Exhibit i-10
SIGNIFICANCE OF ENVIRONMENTAL JUSTICE
The whole time IVe been here I believe that the administration does not fully understand environmental justice. I
believe that there's a sincere effort and a sincere concern concerning the environment, but the justice part is not
understood...
I think there are political considerations for that, but I don't believe that people in the White House, in Washington,
are serious about environmental justice, because if they were serious about environmental justice, I think that they
would have to admit and have to take a serious look at why we are where we are and why communities of color are
constantly yelling and trying to find a forum, trying to get attention for their issues in their communities.
If the administration and America ~ and I'm speaking as an American now - if we were really serious about
environmental justice, then we would be serious about finishing the unfinished business of imperialism because that's
why Tribal people are an afterthought in these regulations, as the brother was speaking about this morning, an earlier
speaker here today.
Indians are an afterthought because it's part of the unfinished business of imperialism, of the theft of the Indian and
Mexican lands. And if we were serious about environmental justice, we'd be serious about the unfinished business of
colonialism in Puerto Rico. And that's why Puerto Rico has lesser standards and less enforcement. I think one of the
reasons is that we don't have enough white men in Washington willing to stand up for righteousness.
And I think that if we were serious about it, that we would really consider, if you're going to have another forum in
Washington as a celebration and remembrance of the original Executive order, that we'd concentrate on the justice
part. > ' . .
And if we were serious about environmental justice, going right into the Executive order, it says federal actions to
address environmental justice in minority populations — that each federal agency shall make some kind of program so
that they would do this.
For two years, I have been asking as the chair of the International Subcommittee why has not the trade group been
part of that Executive order? It seems to me that if we're going to go cut deals economically with other nations and
other countries, that environmental justice would be at the pinnacle of concern for Americans in the way America
carries itself and presents itself to nations across the world. • . •
American is not supposed to represent just the rich corporations who want to make investments and keep areas safe
for North American capital to be invested. That's not just what American represents.
American represents the rest of us out here who are lost, who are filtering through the cracks, and who are in the
migrant population, on the Indian reservations, and the people of color in communities around this country that don't
have representation in Washington, that don't have a mouthpiece in Washington.
We really have to get down to the business of finishing this unfinished business because it all interjects with the
whole question of race and people who are different, and racism. The President wants to have a dialogue on race;
well, if we're going to have a real dialogue on race, we have to have a dialogue of justice and environmental justice, it
all has to be part of it.
And so if we're going to have a session [in] Washington where we're going to go and be touchy-feely good type
thing, it ain't going to do nobody any good after we leave. We need to have a real program, a real commitment that
we're going to invest ourselves in the question of the justice side...
- Baldemar Velasquez
Chair, International Subcommittee
December 1997 Meeting of the NEJ AC
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Mr. Campbell commented that the President, the
' Vice-President, and the CEQ acknowledge the
issues that Mr. Velasquez had raised. He pointed
out that the upcoming meeting at the White
House was not viewed as a celebration of the
accomplishments of the federal government in
environmental justice. He added that although
progress has been slow or incremental in
implementing environmental justice, the White
House does consider it a serious issue.
Ms. Benally commented that she would like to see
more government accountability to tribal people.
She added that the CEQ's guidance should
incorporate greater emphasis on cultural effects
on Indigenous peoples. She pointed out that,
when environmental impact statements (EIS) are
developed, cultural effects are often described as
"ruins" and "artifacts," and she questioned the use
of the terms "living" and "future" artifacts. Mr.
Campbell replied that the CEQ would like to know
how the language in the guidance could be
strengthened to reflect consideration of the
cultural and religious practices of-tribes.
Several members commented about a perceived
lack of community involvement in the
• development of the guidance. Ms. Rosa Franklin,
Washington State Senate and member of the
Health and Research Subcommittee, and Mr.
Arnoldo Garcia, Earth Island Institute and
member of the International Subcommittee,
remarked that too little emphasis had been placed
on community involvement. Ms. Franklin noted
that many communities believe their voices are
not being heard, and she suggested that the staff
of the White House visit affected communities to
gain a better understanding of the issues those
communities face. Mr. Garcia added that
institutions should have a "multicultural sensor"
and that assessments of whether diverse groups
are participating in meetings and dialogue should
be "automatic." He added that he believed
agencies should not need a template for ensuring
broad-based participation.
Mr. Campbell stated that the White House does
not have a structure for community participation,
but is receptive to visiting communities affected
by environmental justice issues to better
understand the-problems they face. He added
that a tour of affected communities might be a
useful activity to precede the White House
meeting on environmental justice.
Mr. Turrentine concluded the discussion by
expressing concern that the effectiveness of the
NEJAC might be questioned because there had
been no effective follow-up to the NEJAC's"
recommendations to .EPA on environmental
justice. Although EPA may not have the authority
to implement all of the recommendations of the
NEJAC, he continued, EPA should determine
"where the buck stops." He added that
communities are not getting the response that
they deserve, noting that "communities are
. continuing to decay and people continue to die"
while EPA continues to talk about cost-benefit
analyses. Mr. Turrentine stated further that the
White House and the IWG on environmental
justice should not be allowed to conduct their own
assessments of the effectiveness of. their
mechanisms for ensuring environmental justice;
rather, people at the "grassroots" level should be
involved, he said.
4.0 REPORTS OF THE SUBCOMMITTEES
Each subcommittee1 met for a full day on
December 9, 1997. This section presents
summaries of the action items and proposed
resolutions developed during those discussions,
as well as updates on the activities of the
subcommittees. Full summaries of the
deliberations of the subcommittees are presented
in chapters 3 through 8 of this report.
4.1 Enforcement Subcommittee
Mr. Ray reported on the activities of the
Enforcement Subcommittee, first commending"
EPA staff who provided briefings and status
reports to the subcommittee, noting that their
contributions had been "exemplary." Mr. Ray
stated that the subcommittee had. received a
somewhat confusing briefing, however, on EPA's
Performance Partnership Agreements (PPA) with
states. PPAs, he explained, are agreements
under which states and EPA regions .discuss
"shifting grant funds, adjusting priorities, and
reducing oversight." The discussion of PPAs, he
said, threw light on an apparent flaw in the
oversight guidelines, as well as a lack of
commitment to ensure that public participation is
included in the PPA process. Mr. Ray noted in
particular that the presenter had discussed
performance measures related to PPAs, but not
public participation.
Mr. Ray stated that the subcommittee also had
received - information about animal feeding
operations conducted in communities of low-
income populations and people of color. The
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individual who made the presentation to the
subcommittee noted that EPA is developing draft
guidance on feeding operations. Mr. Ray added
that residents of Edgecombe County, North
Carolina also had presented information to the
subcommittee about animal feeding operations.
The subcommittee also discussed how it would
respond to the draft guidance, he said, and chose
to expand the purview of its existing work group
on worker protection to include issues associated
with animal feeding operations. In addition, the
subcommittee established a work group to
address issues related to Title VI of the Civil
Rights Act of 1964, and specifically to review the
draft guidance. Mr. Ray explained that the
subcommittee had requested a presentation on
issues related to Title VI and had received instead
information about the contents of EPA's proposed
guidance on Title VI. The guidance document, he
said, currently is being reviewed by DOJ. EPA
had made a commitment to forward the guidance
to the NEJAC within two weeks of the current
NEJAC meeting, he said.
Mr. Ray added that the subcommittee had
received a report from the Civil Investigations
Division (CID) of EPA that indicated that
considerable effort had been made to address
cases on the docket that involve environmental
justice issues. Mr. Ray commended Mr. James
Thompson, EPA Region 3, for that report.
The subcommittee also had received reports from
OECA and EPA's Office of Air and Radiation
(OAR), Mr. Ray continued. Staff of OECA had
requested that the Enforcement Subcommittee
provide comments on how EPA can better
incorporate public involvement in the
development of upcoming documents, Mr. Ray
said, adding that the subcommittee has
scheduled a conference call to continue to
discuss that issue. Mr. Robert Brenner, the acting
deputy assistant administrator of OAR, had
spoken to the subcommittee about air emissions
credits trading. The subcommittee also has
scheduled a conference call to discuss issues
related to the air emissions credits trading
program, said Mr. Ray, and the issue also is being
addressed by a work group of the subcommittee.
Mr. Ray also reported that the subcommittee had
received a report from Mr. Damu Smith,
Greenpeace. Mr. Smith reported on the proposed
Shintech manufacturing facility in Louisiana and"
activities related to that issue that have taken
place since the May 1997 meeting of the NEJAC.
The subcommittee had requested that the
Executive Council consider a resolution related to
Title VI that expressed concern about a historical
lack of enforcement by EPA and declared the
NEJAC's intent to hold EPA accountable for,
meeting deadlines and pursuing enforcement.
The Executive Council approved the resolution.
4.2 Health and Research Subcommittee
Ms. English reported on activities of the Health
and Research Subcommittee. She informed the
members of the Executive Council that the
subcommittee had held monthly conference calls
to discuss issues raised during its meeting in May
1997. Ms. English reported that, during the
December 9 meeting, the subcommittee had
discussed programs of EPA's Office of Pollution
Prevention and Toxic Substances (OPPTS) that
address issues related to environmental justice.
The subcommittee also discussed a multimedia
indexing system^ (MMIS) that EPA's ORD is
developing for use as,a tool to assist in identifying
health risks, she said.
Ms. English reported further that the
subcommittee discussed a report on blood lead
levels recently issued by OPPTS. She explained
that members of the subcommittee question the
design and execution, as well as the interpretation
of the results, of the research that led to that
report. The subcommittee also had received a
presentation by Ms. Trovato about children's
health issues and opportunities for the
subcommittee to participate in the activities of
OCHP, Ms. English continued. She added that
the subcommittee had requested that the OCHP
coordinate its efforts with those of NIEHS.
Ms. English requested that the Executive Council
consider the following resolutions:
Request that EPA expand funding for
community-based research and document
existing cases of community-based research
Recommend that EPA work with various
federal and tribal agencies to develop funding
for research into the health effects of mining
on Native American .workers and
communities
The Executive Council approved both resolutions.
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4.3 Indigenous Peoples Subcommittee
Mr. Hill reported on activities of the Indigenous
Peoples Subcommittee. He announced that the
subcommittee had adopted a mission statement.
He reported that the subcommittee had received
presentations about issues related to the
proposed reservoir on the Mattaponi Reservation,
from both the tribe and the Regional Raw-Water
Study Work Group, which supports the project.
The subcommittee, he continued, also had
received presentations about environmental
justice issues related to the proposed ski resort
development on Mount Shasta and the proposed .
geothermal testing near Medicine Lake in
California. .
Mr. Hill also stated that the subcommittee had
discussed the development of a strategy to
improve communications between the
subcommittee and the tribes.
Mr. Hill requested that the Executive Council
consider two resolutions that the" subcommittee
had discussed:
• Indigenous Resolution No. 12: NEJAC
recommends and urges , the EPA
. Administrator to use its oversight authority
over section 404 permitting to assist in the
. resolution of the issues related, to the
proposed reservoir on the Mattaponi
Reservation which may otherwise result in a
violation of significant treaty and property
rights. -
• • Indigenous Resolution No. 25: NEJAC
recommends that EPA advocate within the
agency to require a full EIS related to the
proposed inlet at Spirit Lake, North Dakota,
whether or not required by law, and that the
agency advocate for a repeal of the enacted „
EIS waiver. -
The Executive Council approved the resolutions.
4.4 International Subcommittee
Mr. Garcia reported on activities of the
International Subcommittee. He first explained
that the subcommittee had refined its mission
statement and discussed the shared values of its
members. The subcommittee also had discussed
issues related to its organization, he continued,
such as whether to establish a vice chair for the
subcommittee.
Mr. Garcia stated that the subcommittee, also had
discussed issues related to activities of Organized
Northeasterners and Clay Hill and North End, Inc.
(O.N.E./C.H.A.N.E.), South Africa Development
Initiative for the Environment, an organization
located in Hartford, Connecticut. The members of
, the subcommittee had discussed the need to
coordinate the efforts of its South African Work
Group with EPA's environmental justice activities
in South Africa, he added. Mr. Garcia informed
. the members of the Executive Council that the
subcommittee was compiling a list of
nongovernment organizations and federal
advisory committees that are working on
international issues.
In addition, Mr. Garcia explained that the
subcommittee had recommended that the NEJAC
convene a roundtable meeting in 1998 to discuss
issues related to environmental justice concerns
specific to areas along the border between the
United States and Mexico. Issues for discussion
- would include international environmental justice
concerns, including economic development, he
said. The Executive Council expressed support
for the subcommittee's sponsorship of the
roundtable meeting.
Mr. Garcia reported that the subcommittee had
requested that the Executive Council consider two
resolutions:
Request adherence to the United Nations
declaration of human rights in protecting,
conserving, and restoring the environment
and the, social and economic rights of
communities
• Urge the EPA Office of International Activities
(OIA) to support the environmental justice
network of South Africa and coordinate its
-.' efforts with other ongoing international
environmental justice activities
The Executive Council approved the resolutions.
4.5 Public Participation and Accountability
Subcommittee
Ms. Annabelle Jaramillo, Office of the Governor of
Oregon and member of the Public Participation
and, Accountability Subcommittee, reported on
activities of the Public Participation and
Accountability Subcommittee. She pointed out
that the subcommittee had been instrumental in ,
developing the process to be used in organizing
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the site tour that had taken place on December 8,
1997. The subcommittee had discussed the
feasibility of drafting guidelines for commenters to
use during the public comment periods of the
NEJAC meetings, she continued. The guidelines,
she said, would describe the purpose of the public
comment period, clarify "lines of authority,"
articulate expectations for the sign-up process,
and discuss time limits for providing comments
and the necessity of imposing such limits.
Ms. Jaramillo stated that other information might
be included in the guidelines, urging the
Executive Council to consider the use of
guidelines for the public comment period(s)
during the June 1998 meeting of the NEJAC. The
goal, she said, is to establish a process for
ensuring that commenters have adequate time to
share their views with the Executive Council,
while, at the same time, ensuring that the
Executive Council has sufficient time to discuss
priority items.
Ms. Jaramillo also reported that the subcommittee
was to create a work group to address issues
related to Puerto Rico and the Caribbean.
Ms. Jaramillo reported that the subcommittee had
requested that the Executive Council consider the
following resolution:
Request that EPA:
- Modify its public notice processes to"
provide early notification to communities
of EPA's intention to develop a project
— Prepare public notices to inform and
invite members of affected communities
as soon as a proponent informs EPA of
its intention to develop a project and
invite those community members to
participate in the process of approving
such projects
- Make accessible to the public not only
related documents such as letters,
reports, and files, but also its expertise to
help communities understand technical
issues
- Invite representatives of lower-income
communities and minority communities to
' participate in meetings with proponents of
projects
- Provide to affected communities the
same forum for open discussion as those
provided to proponents of projects
The Executive Council approved the resolution,
with the understanding that Ms. Jaramillo would
revise the language before the resolution is
forwarded to the EPA Administrator.
4.6 Waste and Facility Siting Subcommittee
Mr. Lee reported on activities of the Waste and
Facility Siting Subcommittee. He began the
presentation by thanking members of the
subcommittee for a productive meeting. He then
reported that the subcommittee had-established
a work group to begin planning a risk assessment
roundtable meeting to facilitate discussions about
community concerns related to cumulative risk;
disease "clusters;" and cultural, economic, and
behavioral issues that affect levels of exposure 1o
risk. He added that the goals of the meeting will
include the development of recommendations to '
EPA for appropriate alternatives to risk
assessments. Mr. Lee stated that the
subcommittee intended to solicit the support of
the Health and Research Subcommittee for the
roundtable meeting.
Mr. Lee then explained that the subcommittee
had established a work group to address
environmental justice issues specific to permitting
and siting of facilities under the Resource
Conservation and Recovery Act (RCRA). In
addition, he stated that the subcommittee had
discussed an "unaddressed class of facilities -:
namely, waste transfer stations." Mr. Lee stated
that the city of New York has some 86 waste
transfer stations, concentrated ' in minority
communities. The subcommittee, he added, had
established a work group to address that issue.
The subcommittee also formed a work group to
continue working on issues .related to the
development of community impact statements
(CIS), which, Mr. Lee pointed out, had been a
topic of discussion during the May 1997 meeting
of the NEJAC.
Mr. Lee reported that the subcommittee had
requested that the Executive Council consider the
following resolutions:
• Request that EPA provide, by March 15,
1998, status reports on the 10 NPL sites in
Puerto Rico and the 270 additional
contaminated sites identified by EPA and that
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such reports be couched in language
appropriate for communication with the
general public
Request that EPA support the reinvigoration
of environmental justice issues within EPA by
developing a plan for the integration of
consideration of such issues into all programs
of the agency
The Executive Council approved the resolutions.
5.0 ADMINISTRATIVE ISSUES
This section presents a summary of the
discussions of the Executive Council related to
administrative matters of the NEJAC. •
5.1 Process for Addressing Resolutions
Proposed by Subcommittees
Members of the Executive Council discussed
whether to amend or adhere to the existing 30-
day rule for submittal of and voting on resolutions.
Mr. Turrentine began the discussion by stating
that, on December 10, many resolutions had been
submitted to the Executive Council by the
subcommittees. He expressed concern about the
lack of time for members of the Executive Council
to discuss all the resolutions and suggested that
those discussions might be limited to "emergency"
resolutions - those warranting action because of
impending time constraints or those prepared in
response to issues raised during public comment
periods.
Mr. Lee stressed the importance of
acknowledging that the NEJAC has many new
members and a new chair and is "in transition."
He expressed concern that the 30-day rule might
become a bureaucratic process and urged that all .
resolutions be received and processed by the
Executive Council "right away." Mr. Lee
suggested as an alternative approach that the
Executive Council consider a two-week
turnaround time, with voting by mail on
resolutions. Exhibit 1-11 presents the resolutions
that will be forwarded to the Executive Council for
a mail ballot vote.
Exhibit 1-11
RESOLUTIONS FOR VOTING BY MAIL BALLOT
The following resolutions will be sent to the members of the Executive Council of the NEJAC for consideration and
subsequent voting by mail ballot. . . • • .
The members of the; Enforcement Subcommittee discussed a resolution in which the NEJAC urges EPA to revise
standards for particulate matter air quality to prohibit the use of spatial averaging, until EPA has demonstrated that
spatial averaging will not have discriminatory effects on communities.
The members of the Enforcement Subcommittee discussed a resolution in which the NEJAC recommends- that EPA
conduct testing of air pollution trading programs to determine whether such programs have resulted in toxic hot spots
in low-income communities of color.
The members of the Indigenous Peoples Subcommittee discussed a resolution in which the NEJAC requests that EPA
assist the Native Coalition for Cultural Restoration of Mount Shasta in that organization's efforts to obtain
meaningful consultations with the secretary of DOI and the secretary of the U.S. Department of the Agriculture to -
stop the development of a ski resort on Mount Shasta in California.
The members of the Indigenous Peoples Subcommittee discussed a resolution in which the NEJAC recommends and
advises that EPA monitor the review process for the proposed geothermal development at Medicine Lake Highlands
to ensure that principles of environmental justice are implemented adequately.
The members of the Indigenous Peoples Subcommittee discussed a resolution in which the NEJAC requests that EPA
deny the underground injection control permits and temporary aquifer exemptions for the proposed uranium in situ
leach mines in and near the Navajo communities of Crownpoint and Church Rock, New Mexico. ' ~
The.members of the Waste and Facility Siting Subcommittee discussed a resolution in which the NEJAC requests
that EPA examine the risks posed by the siting and operation of waste transfer stations for the purpose of determining
its regulatory responsibilities and prescribe requirements to reduce health risks associated with such facilities. A first
step in.this examination should be a study of affected communities in New York City, New York.
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Members of the Executive Council, including Ms.
English; Ms. Sue Briggum, Waste Management
and member of the Waste and Facility Siting
Subcommittee; Mr. Hill; Mr. Ray; and Ms. Ramos,
commented on the potential effects of a mail
ballot system. Concern was expressed that
balloting by mail would preclude the dialogue
among members that is essential to developing a
clear understanding of issues. Further, concern
was expressed that the public involvement
aspects of the process would suffer because
adoption of a mail ballot system would end the
discussions that take place among members
during the voting process, which, under the
present system, is a public activity that community
members can attend and observe.
After much discussion about the most effective
and appropriate way to process resolutions to
ensure that sufficient time is allotted for members
to fully consider all pertinent issues and to ensure
that opportunities for community members to
observe the process are not compromised, the
Executive Council agreed to discuss and act on
ernergency resolutions during meetings of the
NEJAC. The members agreed further that, if
sufficient time is available, other resolutions also
would be discussed and that chairs of the
subcommittees should decide which resolutions
warrant "emergency1' status. Mr. Cole
recommended that the discussion of the 30-day
rule continue at the next meeting of the NEJAC.
5.2 Next Meeting of the NEJAC
Ms. Linda Smith, EPA OEJ, announced to the
members of the Executive Council the results of
the ballot for the selection of dates and locations
for upcoming meetings of the NEJAC. Exhibit
1-12 presents the NEJAC's preferences for dates
and locations of future meetings.
Exhibit 1-12
FUTURE MEETINGS OF THE NEJAC
May 1998 San Francisco Bay Area,
California
December 1998. Louisiana
May 1999 New York or New Jersey
December 1999 Chattanooga, Tennessee
6.0 RESOLUTIONS
This section presents the text of each resolution
forwarded by the various subcommittees of the
NEJAC to the Executive Council for consideration
and approved by the council.
6.1 Resolutions from the Enforcement
Subcommittee
This section presents the text of the resolution
forwarded by the Enforcement Subcommittee to
the Executive Council of the NEJAC that were
approved at its December 1997 meeting.
Enforcement Resolution No. 15
WHEREAS the Congress of the United States
enacted Title VI of the Civil Rights Act of 1964 to
prohibit discrimination based on race, color, and
national origin by programs or activities that
receive federal financial assistance; and
WHEREAS the U.S. Environmental Protection
Agency (EPA) enacted regulations, codified at 40
CFR §7, to implement Title VI in EPA programs;
and
WHEREAS the first environmental justice Title VI
complaint was filed with EPA in September 1993;
and
WHEREAS since that first complaint, more than
45 other environmental justice complaints under
Title VI have been filed with EPA; and
WHEREAS the EPA's Office of Civil Rights has
accepted 15 complaints for investigation, has five
complaints under consideration for acceptance or
rejection, has dismissed two complaints, and
rejected 25 others; and
WHEREAS 40 CFR §7 sets up the process for
, filing and handling administrative complaints to
EPA under Title VI, and requires the EPA to meet
several bright-line deadlines in processing such
complaints. The EPA's Office of Civil Rights
("OCR") is required to notify the complainant and
the recipient within five days,of the Agency's
receipt of the complaint, 40 CFR §7.120(c). The
OCR is required to review ^the complaint for
acceptance, rejection, or referral to the
appropriate Federal agency, within 20 days of the
above notification, 40 CFR §7.120(d) (1) (I). If the
complaint is accepted, the OCR is required to
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develop preliminary findings within 180 calendar
days from the start of the complaint investigation
40CFR§7.115(c)(1);and
WHEREAS EPA has thus far not complied with
the regulatory deadlines set forth in 40 CFR §7 in
any of the cases it has accepted for investigation;
and
WHEREAS EPA has consistently violated its
implementing regulations for Title VI. Not only
has EPA held up the processing of complaints by
missing many of its regulatory deadlines, but EPA
has not started compliance proceedings in even
one case; and
WHEREAS some environmental justice
complainants under Title VI - and the residents of
communities involved in such complaints - have
endured more than four years of inaction by EPA;
and .
WHEREAS the only two cases accepted by OCR
and resolved thus far are cases in which the
complained-about project has been withdrawn or
is inactive, and not one case has been resolved
on its merits; and
WHEREAS an October 1996 letter from 16 of the
complainant groups to EPA pointed out that the
two most common, and serious, violations by EPA
are those of 40 CFR §7.120(d) (1) (I), which
requires EPA to accept or reject a complaint
within 20 days, and 40 CFR §7.115(c)'(1), which
requires EPA to. produce draft findings and send
them to the recipient of federal funds within 180
days. The letter noted that EPA had missed its
regulatory deadline under 40 CFR §7.120(d) (1)
(I) in 16 of the 20 cases then active; it continues, .
today, to violate 40 CFR §7.120(d) (1) (I) in four of
the five cases pending an acceptance/denial
decision. Although the EPA is required to take
action within 20 days, the letter noted that as of
October 1,1996, the average length of time EPA
had taken to accept or reject the 20 complaints
then pending was approximately 106 days, or 5
• times the maximum time allowed by law. One
complaint filed in August 1995 has not yet been
accepted or rejected by EPA, some 28 months
after its filing; and
WHEREAS EPA's track record is even worse
among the cases it has accepted for investigation,
in which EPA's OCR has missed its regulatory
deadline under 40 CFR §7.115(c) (1) in every
single case thus far accepted for review. In fact,
EPA has yet to send the findings required by 40
CFR §7.115(c) (1) to a single recipient agency,
although several of the complaints involved date
back more than four years: and
WHEREAS EPA has attempted to process these
Title VI complaints without any written Title VI
guidance or policy; and
WHEREAS the lack of internal policy has led to
inconsistent decisions by OCR, including the
rejection of apparently timely-filed complaints and
the premature dismissal of one accepted
complaint.
, WHEREAS at the time of the December 1996
NEJAC meeting there were five full time staff
attorneys assigned to Title VI cases in EPA's
Office of Civil Rights (OCR); and
WHEREAS currently, at the time of the December
1997 NEJAC meeting, there are two full time staff
attorneys assigned to Title VI cases in EPA's
Office of Civil Rights (OCR); and,
WHEREAS currently, EPA has not provided OCR
attorneys with sufficient clerical support, so that
these attorneys' time cannot be solely devoted to
investigating and resolving Title VI complaints;
and
WHEREAS the OCR has not had a full director,
but only an acting director, for more than, one
year; and
WHEREAS the EPA has conducted a
management review study to identify the staff
.resources necessary to handle the current
caseload; and
WHEREAS this lack of attorney resources and
support has led to the failure of OCR to
investigate and resolve pending cases in a timely
manner, has led to' the rejection of complaints
because OCR could not investigate the
allegations made, and has led to a failure of OCR
to investigate allegations of systemic
discrimination by state agencies; and
WHEREAS complainant groups and
environmental justice advocates have tried
repeatedly over the past four years to spur some
action by EPA on the Title VI front, using letters,
phone calls, and meetings with OCR and Office of
General Counsel staff; and
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WHEREAS many recommendations to ameliorate
EPA's poor Title VI record have been made to
EPA, by individual complaints, the NEJAC, by
participants at EPA's October 1996 Enforcement
Roundtable in San Antonio, and in an October 7,
1996 letter from 16 complainants; and
WHEREAS the NEJAC provided specific
guidance to EPA in "Achieving Environmental
Protection: Compliance, Enforcement and
Environmental Justice, a report from the National
Environmental Justice Advisory Council
Enforcement Subcommittee and the National
Environmental Justice Advisory Council to the
Office of Enforcement and Compliance
Assurance, U.S. Environmental Protection
Agency (December 1995); and
WHEREAS on October 7,1996 a letter was sent
to US EPA by the community groups responsible
for 16 of the 20 Title VI complaints then pending
at EPA, pointing out in detail the failures of EPA
to meet its obligations under federal law and
regulation. This letter recommended that EPA:
immediately reorganize the Office of Civil Rights
to ensure its future effectiveness; meet 40 CFR
§7 regulatory deadlines in all complaints filed
after October 1,1996; create concrete timeliness
for the resolution of existing administrative cases,
Including review by OCR and OGC; develop
detailed guidelines for handling Title VI cases by
January 1,1997; specify the resources necessary
and available to accomplish these goals, and
allocate these resources to the appropriate offices
within EPA; and
WHEREAS on December 7, 1996 EPA
Administrator Carol Browner purported to respond
to the October 7,1996 letter; and
WHEREAS in the December response 'from
Administrator Browner, Deputy Administrator Fred
Hansen committed to EPA drafting a Title VI
policy and resolving five complaints by February
28,1997; and
WHEREAS the Title VI policy is not yet complete
and none of the five complaints have yet been
resolved; and
WHEREAS the EPA Assistant Administrator told
the NEJAC on December 8,1997, that the EPA's
Title VI guidance document would be available in
approximately two weeks. The guidance, or
policy, will apply to Title VI environmental
permitting questions only; and
WHEREAS the NEJAC passed a resolution in
December 1996 specifying 10 concrete
recommendations to improve EPA's Title VI
compliance; and
WHEREAS the OCR response, in a letter dated
April 22, 1997, ' merely expressed the
"Administration's commitment" to Title VI but did
not respond to the points raised by the NEJAC;
and
WHEREAS the EPA intends to release a draft.
Title VI guidance shortly and hold public meetings
to encourage community input on that guidance;
and
WHEREAS the people of the United States
deserve full and equal protection of the law,
including civil rights and environmental law; and
WHEREAS the 20 Title VI complaints currently
pending before EPA come out of California,
Connecticut, Georgia, Florida, Louisiana,
Michigan, New York and Texas, involving six
different EPA regions; and
WHEREAS the burden of EPA's failure to meet its
statutory and regulatory obligations under Title VI
is falling disproportionately on communities of
color, as they make up the overwhelming majority
of Title VI complainants; and
WHEREAS the NEJAC Enforcement
Subcommittee has heard testimony on these
matters from the Associate Director,
Discrimination Complaints and External
Compliance, OCR at the May 1996 NEJAC
meeting, from community representatives, from
the Chair of EPA's Title VI Task Force and a
representative of OCR at the December 1997
meeting;
THEREFORE BE IT RESOLVED THAT:
The NEJAC expresses its grave concern about
the continuing failure of US EPA to comply with
40 CFR §7 in processing, investigating, and
resolving administrative complaints under Title VI
of the Civil Rights Act of 1964 and EPA's
implementing regulations, and believes that this
failure demonstrates EPA's lack of commitment to
civil rights;
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The NEJAC calls on EPA to:
• Immediately provide adequate resources to
the Office of Civil Rights so that Title VI cases
may be staffed, leading to their processing,
• investigation and resolution within the
. regulatory deadlines set forth in 40 CFR §7.
Immediately reorganize the Office of Civil
Rights to ensure its future effectiveness. This
-" should include setting up civil rights strike
teams along the model used by many federal
agencies, such as the U.S. Department of
Housing and Urban Development; hiring
.experienced civil rights . litigators . "and
investigators; developing a training program
to build the civil rights investigatory capacity
of EPA staffers; and developing a system of
investigation and prosecution that involves
the personnel and resources of EPA's
regional offices. This should be undertaken
using the results of EPA's management
review of, OCR. NEJAC requests a report
from EPA by February 1, 1998 outlining the
concrete steps EPA is taking to address
. these staffing issues, and'that EPA make
available to the Enforcement Subcommittee
the management review of OCR.
Meet 40 CFR §7 regulatory deadlines in all
complaints.
• Create concrete timeliness for the resolutiqn
of existing, administrative cases, including
review by OCR and OGC.
Create an effective tracking system for
pending cases which is available to the
public. -
Develop and issue detailed guidance for
handling Title VI cases in the environmental
permitting context by January 1, 1998, and
make'the guidance available to the NEJAC.
Hold public hearings on the draft guidance on
a regional basis, including one meeting in
Louisiana.
• Develop and issue detailed guidance for
handling Title VI cases in the environmental
enforcement and clean-up contexts by June.
1,1998.
• Codify through these guidelines the reading
of Title VI in a way.that is designed to protect
civil rights and the environment.
• Specify the resources necessary and
• available to accomplish these goals, and
allocate these resources to the apprppriate
offices within EPA.
• Report back to the NEJAC at its May 1998
meeting the progress made in addressing
these recommendations.
• Additionally, NEJAC urges EPA to fully
address and respond to the 10 concrete
recommendations contained in'the December
1996 NEJAC Resolution #5 on Title VI.'
6.2 Resolutions from the Health and Research
Subcommittee
This section presents the text of the resolutions
forwarded by the Health and Research
Subcommittee to the Executive Council of the
NEJAC that were approved at its December 1997
meeting.
Health Resolution No. 6
WHEREAS, there is frequently tension between
academic, government and private 'sector
researchers and members of the communities
that they are studying; and
WHEREAS, communities often feel
disenfranchised and sometimes feel exploited by
environmental health research conducted by
university, government and private sector
scientists; and
WHEREAS, in many cases community members
corrtp.lain that the research does not address their
concerns or meet their needs, in terms of
answering concerns that they have; and
WHEREAS, in other cases, community members
feel "out of the loop" and are never informed of
the results of research that is relevant to their
lives; and
WHEREAS, community members also are
frustrated by the inability of scientific studies to
definitively resolve their environmental concerns;
and ' • - '--'--
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WHEREAS, scientists often are leery of engaging
the community out of fear of being criticized; and
WHEREAS, scientists sometimes choose to avoid
community-based research because it is
perceived to be fraught with difficulties; and ,
WHEREAS, alternative models for community-
based research exist, but are not widely applied;
and
WHEREAS, university research systems are
presently poorly adapted to.newer community-
friendly models; and
WHEREAS, environmental science stands to gain
both scientifically and politically if more and better
collaborations emerge; and
WHEREAS, communities have pressing concerns
and needs with respect to the nature and extent
of environmental hazards that they are facing;
NOW THEREFORE, BE IT RESOLVED, that the
NEJAC makes the following recommendations to
the EPA Administrator.
1) That EPA seek to expand funding for
community-based collaborative and
participatory research, and
2) That EPA document existing cases of
community-based research (including, but not
limited to those projects funded by EPA) and
use these examples to formulate guidelines
for "community-friendly" environmental
research; and
3) That EPA create a journal of community
environmental research in which scientific,
community and collaborative research
articles, opinions and review could be
published.
Health Resolution No. 7
WHEREAS, Native American lands have been
and still are major centers of mining, milling, and
processing for Uranium, coal, copper, zinc, and
other minerals; and
WHEREAS, Native Americans have been
employed to work in these mines and pollution
from the mines has impacted Native American
communities adjacent to the mines; and
WHEREAS, some hazards associated with thia
mining are well documented, such as lung cancer
from uraniurn mining and black lung from coal
mining; and
WHEREAS, contaminants known to be present in
ore and tailings from mining also are known
toxins; and
WHEREAS, there are concerns by Native
American communities and workers that historical
and present day exposures are causing illness
and disease; and
WHEREAS, in most cases where there are
studies of the health effects of mining they are not
conducted on Native American and Alaskan
Native populations; and
WHEREAS, Native American lifestyles
physiology could put them at greater risk;
and
NOW THEREFORE, BE IT RESOLVED, that the
NEJAC recommends to EPA that it work with
National Institute of Occupational Safety and
Health (NIOSH), Agency for Toxic Substances
and Disease Registry (ATSDR), MSHA, OSM,
BIA, IHS, and NIEHS to develop funding for
research into the health impacts of mining on
Native workers and communities, including
Alaskan Natives;
And that the NEJAC urges that the funding be
directed preferentially to research proposals that
are in the nature of cooperative agreements that
include tribal governments and Native non-
governmental organizations;
And that such research include but not be limited
to exposure assessment, disease epidemiology,
. cultural, and ecological impacts;
And that the research be conducted as part of a
concerted program with oversight by EPA in order
to include conferences, meetings and other
forums to exchange information between
research groups;
And that the research, to the extent possible, be
geared toward reaching conclusions that can
inform governmental policy in terms of health
care, operation , of existing mines, the size,
management and siting of future mines and
resolution of claims by Native Americans and
Alaskan Natives against the US government and
companies engaged in mining.
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And request that EPA report to the NEJAC on the
progress of these, issues at the next meeting of
the NEJAC May 1998.
6.3 Resolutions from the Indigenous Peoples
Subcommittee
This section presents the text of the resolutions
forwarded by the Indigenous Peoples
Subcommittee to the Executive Council of the
NEJAC that were approved at its December 1997
meeting.
Indigenous Resolution No. 12
WHEREAS, the United States Environmental
Protection Agency (EPA) a federal agency
created in 1970, with the direct purpose and
responsibility tp develop and implement strategies
that protect public health and the environment;
and
WHEREAS, the National Environmental Justice
Advisory Council (NEJAC) was established on
April 11, 1994, and is comprised of
representatives of academia, business, industry,
Federal, State, Tribal, local government,
environmental organizations, community groups
and non-governmental organizations, with the
goal of providing advice to the EPA on matters
, related to environmental justice for minority
populations and low-income populations, and
WHEREAS, the Indigenous Peoples
Subcommittee specifically addresses Tribal
environmental justice issues; and
WHEREAS, the Indigenous Peoples
subcommittee has, on a least three occasions,
reviewed matters involving the Mattoponi Tribe of
Indians, -a state recognized, but not federally
recognized, Indian Tribe located in the State of
Virginia, as those matters relate to the
development of the King William Reservoir, a
proposed project to be located in rural Virginia,
and has also heard the Regional Raw Water
Study Group (RRWSG), the proponent of the
project, present public comment on the proposed
project; and
WHEREAS, the NEJAC has also heard both the
-Mattoponi Tribe and the RRWSG present public
comment to the full NEJAC and referred the
matter back to the Indigenous peoples
subcommittee for further consideration and
recommended action; arid
WHEREAS, the Indigenous Peoples
Subcommittee has closely reviewed the matter
and has now reported back the necessary
information for the NEJAC to take action; and
WHEREAS, the water project is intended to
primarily benefit the non-Indian community
downstream . from the Mattaponi Tribe's
reservation by withdrawing water 2 to 5 miles
upstream of the Reservation at a location which
the Tribe believes is important to the spawning of
shad, a fish important to the cultural, spiritual, and
economic needs of the Tribe; and
WHEREAS, based upon the information
presented tp the subcommittee, the subcommittee
believes that inadequate attention has been given
to the traditional and cultural knowledge offered
by the Tribe regarding the fishery spawning areas
which may be adversely impacted or destroyed by
the project; and
WHEREAS, the Mattoponi Tribe contends and the
RRWSG conceded that the proposed project, as
planned, is also intended to and will flood,
inundate and destroy certain areas of traditional,
subsistence and cultural importance to the Tribe,
including cultural sites, subsistence gathering,
and other important uses to the Tribe; and
WHEREAS, at least gome of the lands to be
inundated are currently held in private ownership,
including some held by at least one member .of
the Tribe; and. .
WHEREAS, the local county, an arm of the
Commonwealth of Virginia, intends to condemn
the private lands for usage, in the development of
the water project; and
WHEREAS, the Mattoponi Tribe was not afforded
adequate, accurate, or timely information
concerning the project, but is now working hard to
ensure that its concerns are addressed; and
WHEREAS, the Mattaponi Tribe entered into a
Treaty with the King of England which has not
been abrogated and which was assigned to the
Commonwealth of Virginia; and
WHEREAS, the treaty guaranteed that the Tribe
would be protected by a buffer zone of at least
three miles which would maintain a certain
degree of separateness for the protection of the
Tribe and that the proposed water project will be
located within that buffer zone; and
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WHEREAS, the legal status of the buffer zone is
in question and should be resolved prior to taking
action which could violate the provisions of the
Treaty; and
WHEREAS, the proposed reservoir would be
designed to draw up to 75 million gallons of water
per day from the Mattaponi River which the Tribes
believe would jeopardize the Tribe's traditional
fishing grounds and spawning grounds; and
WHEREAS, the subcommittee has presented the
following information about which there does not
appear to be substantial disagreement:
1. The Tribe continues to rely on many of the
same subsistence lifestyle practices that have
been an essential part of the Tribe existence
for hundreds of years, including a heavy
reliance on shad from the Mattaponi River;
and
2. The proposed reservoir would flood and
destroy at least 92 identified archeological
sites that connect the Tribe to both its
ancestors and its traditional homeland
occupied by those ancestors since time
immemorial; and
3, The Tribe and the U.S. EPA have agreed that
the Final Environmentaj Impact Statement
(FEIS) for the proposed reservoir prepared
under the direction of the U.S. Army Corps of
Engineers failed to consider the impacts on
the Tribe's treaty rights, traditional
subsistence economy, and cultural
connection to the land and river; and
4. The U.S. EPA has recommended to the U.S.
Army Corps of Engineers that it issue a
Supplement to the FEIS which should
address certain issues raised by the Tribe
and other persons; and
WHEREAS, there continues to be substantial
disagreement relating to (a) potential increases in
salinity which could impact the fishery, (b)
whether there remain other viable alternatives
which would not impact the Tribe in a way which
places their very existence as a separate culture
and people at risk; and
WHEREAS, there is also significant concern that
the withdrawal of waters from the Mattaponi
River, a tributary to the Chesapeake Bay, may
adversely impact the ecosystem associated with
that water body by decreasing its freshwater
source and thereby causing an effective increase
in the salinity thereof.
WHEREAS, the NEJAC commends the Tribe and
the RRWSG for recognizing environmental justice
concerns and the subcommittee has encouraged
them to continue to work toward a solution,
including the possible compensation by way of 3
to 5 percent of gross receipts or revenue from the
sale or service of water taken at the expense of
the Tribes rights, heritage, and culture, if
unavoidable circumstances are present.
NOW THEREFORE BE IT RESOLVED by the
NEJAC that it recommends and urges the
administrator of the U.S. EPA utilize its oversight
powers over section 404 permitting to assist in the
resolution of the issues which may otherwise
result in a violation of significant treaty and
property rights.
BE IT FURTHER RESOLVED that NEJAC
commends Region III of the EPA for
recommending that the U.S. Army Corps of
Engineers issue a Supplement to the FEIS that,
among other things, provides a sufficient
environmental justice analysis, including
consideration of treaty protected rights, differential
pattern of subsistence consumption of natural
resources, and the cultural values that the Tribes
place on the,natural and archeological resources
that would be impacted by the project.
BE IT FINALLY RESOLVED that the NEJAC
urges and recommends that EPA formally request
the Corps of Engineers to adequately explain why
the next three best alternate sites, as identified by
EPA, are not feasible for purposes of the water
pr&ject
Indigenous Resolution No. 25
WHEREAS, the United States Environmental .
Protection Agency (EPA) a federal agency
created in 1970, with the direct purpose and
responsibility to develop and implement strategies
that protect public health and the environment;
and
WHEREAS, the National Environmental Justice
Advisory Council (NEJAC) was established on
April 11, 1994, and is comprised of
representatives of academia, business, industry,
Federal, State, Tribal, local government,
environmental organizations, community groups
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and non-governmental organizations, with the
goal of providing advice to the EPA on matters
related to environmental justice for minority
populations and low-income populations, and
WHEREAS, the Indigenous Peoples
Subcommittee specifically addresses Tribal
environmental justice issues; and
WHEREAS, the United States government and
the State of North Dakota have continued to
proceed with the proposed federal action to
create an inlet and an outlet into "Devils Lake";
and ...'_•
WHEREAS, the so-called "Devils Lake" is known
as "Mni Wakan", or Sacred Water, to the Spirit
Lake-Nation; and
WHEREAS, it is evidently easier to despoil and
'degrade a natural resource named after the Devil
than after Sacred Spirit; and
WHEREAS, identifying the Spirit Nation's sacred
water with the. Devil and condemning it
accordingly is a violation of human rights and a
hate crime of ethnocidal and genocidal
proportions to the Spirit Lake Nation; and
WHEREAS, the U.S. Army Corps of Engineers
(USAGE) has requested an emergency waiver of
the National Environmental Policy Act (NEPA)
requirements with respect to the proposed outlet,
to drain Spirit Lake across Spirit Lake Nation's
lands asserting that after many years of
consideration the matter has become an
emergency; and '.
WHEREAS, the National Environmental Justice
Advisory Council resolved to compel
governmental action by the appropriate agencies
to address concerns raised by the Spirit Lake
Nation arid its people; and
WHEREAS, the state of North Dakota and
USAGE have met with tribal, indigenous, and
other community representatives have failed to
negotiate or to otherwise adequately consider
tribal and other community input in their decision-
making process; and •
WHEREAS, such failure to consider input and
failure to negotiate is, in essence, a failure to
negotiate in good faith; and
WHEREAS, USAGE and the state of North
Dakota have failed to negotiate in good faith or
conduct a comprehensive environmental impact
statement, including the failure to identify and
study the impacts of the project upon the social,
cultural, economic, and ecological integrity of
Spirit Lake; and .
WHEREAS, Congress and the President have
enacted and signed into law providing for a
waiver of full NEPA processes despite information
provided by the NEJAC and opposition by the
Tribe; and
WHEREAS, the Congress and the' President
justified this deleterious action against the Spirit
Lake Nation by invoking another natural and man-
made deleterious event, flooding, suffered by the
Spirit Lake Nation, compounding the injury to the
Spirit Lake Nation; and
WHEREAS, the proposed federal action
continues to pose grave threats against the
physical, mental, and spiritual well-being of the
Spirit Lake Nation, its people, and their natural
environment;
THEREFORE BE IT RESOLVED, that the NEJAC
urges the Environmental Protection Agency to
advocate within the Administration for requiring a
full EIS for this federal action, whether or 'not
required by law, and that the Administration
advocate for a comprehensive social impact
assessment as central to the EIS.
BE IT FURTHER RESOLVED, that EPA monitor
and independently assess whether an emergency
permit is mandated in light of prevailing conditions
at "Mni Wakan."
6.4 Resolutions from the International
Subcommittee
This section presents the text of the resolutions
forwarded by the International Subcommittee to
the Executive Council of the NEJAG that were
approved at its December 1997 meeting.,
International Resolution No. 6
Whereas, the U.S. is a signatory to the United
Nations Universal Declaration of Human Rights,
signed December 10,1948; and
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Whereas, environmental racism and other forms
of environmental injustice are a violation of
Human Rights; and
Whereas, there is a deepening environmental,
cultures, traditions, communities, social, and
economic crisis disproportionately impacting
communities of color, working and poor people;
and
Whereas, the Principles of Environmental Justice
advance the protection of human rights and the
environment.
NOW THEREFORE BE IT RESOLVED, that the .
NEJAC joins in the national and international
mobilization taking place today calling on our
government to adhere to the letter and spirit of the
UN Declaration of Human Rights in the protection,
conservation, and restoration of our environment,
our communities, and our social and economic
and democratic rights.
International Resolution No. 7
WHEREAS, the International Subcommittee's
South Africa Workgroup will be working with the
EPA's Environmental Justice Initiative in South
Africa and;
WHEREAS, the South African Environmental
Justice Network urged a partnership with the
NEJAC in the implementation of the South African
Initiative and;
WHEREAS, there is transcendent value in the
sharing and exchange of experiences of
Environmental Justice struggles and issues
between U.S. and South African communities and
grassroots groups and their respective networks;
'! ,
NOW THEREFORE BE IT RESOLVED, that
NEJAC emphasizes to the US EPA Office of
International Activities the importance of
partnering with the South African Environmental
Justice Network and its associated community
groups, as well as drawing on the expertise of the
U.S. Environmental Justice community and their
networks, into the South African Environmental
Justice Initiative.
6.5 Resolutions from the Public Participation
and Accountability Subcommittee
This section presents the text of the resolution
forwarded by the Public Participation and
Accountability Subcommittee to the Executive
Council of the NEJAC that was approved at its
December 1997 meeting.
Public Participation Resolution No. 5
, WHEREAS, President William Jefferson Clinton
issued Executive Order (EO) 12898, February 11,
1994 addressing environmental justice issues in
minority and low-income communities; and
WHEREAS, Environmental Justice is the equal
and fair environmental protection of all people,
regardless of race, ethnic background, religion,
class and economic status; and
WHEREAS, The Clinton administration has
mandated that the Environmental Protection
Agency (EPA) and other federal agencies
implement changes which include meaningful
involvement of minorities and individuals from
low-income communities in the developing,
implementing, and enforcing of all environmental
laws and policies; and
WHEREAS, EO 12898 focuses the attention of
federal agencies on the human health and
environmental conditions of minority and low-
income communities; and .
WHEREAS, under EO 12898, EPA must provide
opportunities for community input into the
' National Environmental Protection Act (NEPA)
process; and
WHEREAS, under Section 309 of the Clean Air
Act, EPA must ensure that agencies fully analyze
the environmental effects on minority and low-
income communities, including effects on health
as wellas social and economic considerations;
and
WHEREAS, the EPA must identify early in a
process, including the initial screening of a
concern, actions which may have disproportionate
adverse human health and environmental effects
on minority and low-income communities; and
WHEREAS, EPA guidance documents do not
clearly specify that communities .should be
involved from the beginning of a review or permit
process; and
WHEREAS, public participation has occurred only
after review or permit processes in which EPA
and a proposed project have agreed to conditions
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without early involvement by minority and low-
income communities; and
WHEREAS, agency/proposed project dialogue
often includes lengthy discussions involving
technical and legal issues which can also create
barriers to public participation; and
WHEREAS, communities have very little time and
too few resources to review technical and legal
considerations and thus are at a disadvantage to
give informed community commentary; and
WHEREAS, public commentary at the end of
discussions between the agency and a proposed
project should not be substituted for an early
participation process; and
WHEREAS, during current processes, there are
unfair and inequitable advantages which favor
proposed projects because of existing
relationships with EPA officials who will render
binding determinations or issue permits; and
WHEREAS, there is a paucity ,of information
available to the public before establishing a
proposed project in their communities, thus
allowing for little or no public participation in the
evaluation and consideration of the project by the
affected communities; and
WHEREAS, proposed projects can often lose
significant financial resources prior to public
hearings because of serious impediments which
can be identified by affected communities; and
WHEREAS,.EPA guidance calls for identifying
and addressing environmental justice issues from
staff and individuals familiar with environmental
justice issues, from public participation
mechanisms and outreach, arid from promoting
diversity in work groups; and
WHEREAS, early • affected-community
participation in decision-making processes of a
project could significantly contribute relevant
information on geography,, ecology, social and
^health effects of the communities; and
WHEREAS, effective public participation must
involve early and active communication; and
WHEREAS, community involvement is critical in
assessing environmental justice issues; and
WHEREAS, the "National Environmental Justice
Advisory Council (NEJAC) provides advice to
EPA in identifying environmental justice concerns
and issues, the NEJAC recommends that EPA
strategies should include revisions to its
.environmental programs, policies, planning
processes, enforcement mechanisms and rules
development which require public participation
throughout and entire review or permit process.
THEREFORE BE IT RESOLVED, that EPA
should modify public notice guidances to require
early notification, desirably at the beginning of a
review or permit process; and
BE IT FURTHER RESOLVED, that as soon as a
project informs EPA of its intention to develop,
EPA should request public notice inviting minority
and low-income communities to participate in
discussions; and
BE IT FURTHER RESOLVED, that EPA will
provide to minority and low-income communities
appropriate documents (letters, reports, files, etc.)
to facilitate understanding of the technical,and
legal issues which may be involved; and
BE IT FURTHER RESOLVED, that EPA invited
representatives of affected minority and low-
income communities to meetings between the
agencies and a proposed project; and
BE IT FURTHER RESOLVED, that EPA will
ensure that the same forum of discussions
granted to a proposed project will be open to
affected minority and low-income communities.
6.6 Resolutions from the Waste and Facility
Siting Subcommittee
This section presents the text of the resolutions
forwarded by the Waste and Facility Siting
Subcommittee to the Executive Council of the
NEJAC that were approved at its December 1997
meeting. .
Waste Resolution No. 8 -
WHEREAS: The Puerto Rican people are facing.
serious health and environmental threats as a
result of the ten Superfund sites listed on the
Superfund National Priorities List;
WHEREAS: The responsible government
agencies at the commonwealth and federal levels
have not responded in a timely manner and in
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Executive Council
National Environmental Justice Advisory Council
partnership with the affected communities to
remediate these sites during the prior 14 years;
WHEREAS: The responsible commonwealth and
federal agencies have been unable to build an
effective communication and infgrmation
dissemination program with the affected
communities concerning the health and
environmental risks associated with these sites;
WHEREAS: The EPA Has been unable to
develop a preventive approach to avoid new
potential Superfund sites despite the demands of
the communities in Puerto Rico;
WHEREAS: The EPA has been unable to assess
the 270 sites on the CERCLIS inventory list that
are under suspicion of being polluted with toxic
chemicals and'which impact a population who
lives at a density of 950 persons per square mile
on an island 35 miles wide and 100 miles long;
WHEREAS: EPA has failed to account for the
special cultural, economic, and environmental
conditions of Puerto Rico as a tropical island
ecosystem in its risk assessment; and
WHEREAS: A result of all the stated facts, there
has been a failure to comply with the letter and
spirit of the environmental justice Executive Order
12898;
THEREFORE, BE IT RESOLVED THAT the
National Environmental Justice Advisory Council
requests that the administrator of the U.S.
Environmental Protection Agency undertake the
following action items;
• Establish a community-based task force in
the affected communities to begin to address
Superfund clean up issues;
• Complete a status report of the ten NPL sites,
a timetable for completion of the clean up,
and put forth an expedited clean up schedule
by March" 15, 1998;
Complete a status report of the 270 CERCLIS
sites;
• Undertake a comprehensive risk analysis of
the 270 CERCLIS sites that considers site-
specific and cumulative risk associated with
these sites as a basis for a multi-site risk
assessment that is at minimum consistent
with EPA's cumulative risk assessment
guidance dated August 4,1997. The results
of the risk assessment should be used for
determining NPL eligibility and cleanup
remedies;
• Provide by March 15, 1998 all of the above
requests (in a manner understandable to the
general public) to the chair of the Waste and
Facility Siting Subcommittee of the National
Environmental Justice Advisory Council.
Waste Resolution No. 9
WHEREAS it is critical that environmental justice
becomes integrated within all program and
regional offices in EPA as well as their
counterparts in other federal agencies designated
under the 1994 Executive Order 12898 on
"Federal Actions to Ensure Environmental Justice
in Minority and Low Income Populations" and that
all programs in EPA should comply with the
requirements of the Government Performance
and Results Act of 1996;
WHEREAS: the process initiated in 1993 by Elliot
P. Laws, former Assistant Administrator, EPA
Office of Solid Waste and Emergency Response,
to develop an OSWER environmental justice
strategy included
• issuance of memoranda to both to program
and regional directors;
issuance of OSWER Environmental Justice
Task Force Draft Final Report which identified
the key program-specific and cross-cutting
issues relevant to environmental justice;
designation of an OSWER environmental
. justice coordinator in the Assistant
Administrator's Office as well as in .each
program and regional office;
• establishment of an OSWER steering
committee on environmental justice;
• regular consultation with NEJAC
Subcommittee and stakeholder dialogues; ,
noticeable leadership from Assistant
Administrator's office including setting of clear
goals, milestones and reporting requirements
willingness to invest monetary
environmental justice activities
in
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WHEREAS: the 1996 Waste Programs
Environmental Justice Accomplishments Report,
which documents more than 400 completed
milestones in 8 cross-cutting issue areas and 7
specific programs, represents a model for
integrating environmental justice in programs;
WHEREAS: a report on OSWER's environmental
justice program successes and lessons learned
was presented to EPA Deputy Administrator Fred
Hansen, which resulted in his expressed
commitment to encourage similar efforts in all
EPA program and regional offices;
WHEREAS: Deputy Administrator Fred Hansen
addressed the NEJAC on December 10, 1997
and expressed his commitment to integrate fully
environmental justice in all EPA program and
regional offices; <
WHEREAS: Principal Deputy Assistant
Administrator Sylvia Lowrance recently issued a
memo to senior agency managers announcing
the reinvigoration of the EPA Executive Steering
Committee on Environmental Justice;
WHEREAS: many EPA program offices and
regions have environmental justice plans in, place
which lack adequate accountability measures;
WHEREAS; EPA senior management has not
consistently participated in the semi-annual
NEJAC meetings or other NEJAC-sponsored
events; and
WHEREAS: the fourth anniversary of the
issuance of the Executive Order on
Environmental Justice is fast approaching and
there continue to be glaring inconsistencies
among EPA program offices and regions in their
efforts to implement the spirit and goals of
Executive Order 12898; ,
THEREFORE: be it resolved that the National
Environmental Justice Advisory Council requests
that EPA Administrator Carol Browner issue a
memorandum to all EPA Assistant Administrators
•and Regional Administrators to develop individual
action agendas on environmental justice that
document clearly the goals, milestones,
accomplishments, and accountability measures of
each of program and region; and.
THEREFORE BE IT FURTHER RESOLVED that
the Administrator report personally on the
substance of these action agenda to NEJAC at
their first meeting in 1998.
Durham, North Carolina, December 8 and 10,1997
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MEETING SUMMARY
of the
PUBLIC COMMENT PERIODS
of the
NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
December 8 and 10,1997
Durham, North Carolina
Meeting Summary Accepted By:
Robert Knox
Acting Designated Federal Official
Haywood Turrentine
Chair
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CHAPTER TWO
SUMMARY OF PUBLIC COMMENTS
.1.0 INTRODUCTION
The Executive Council of the National
Environmental Justice Advisory Council (NEJAC)
held public comment periods on December 8 and
10, 1997, during its meeting at the Regal
, University Hotel in Durham, North Carolina.
During the two sessions, 32 individuals provided
verbal comments and 5 individuals submitted
written materials to be read into the record.
This chapter, which presents detailed summaries
of the testimony the Executive Council of the.
NEJAC received and the deliberations of its
members on the issues raised, contains three
sections, including this Introduction. Section 2.0,
Public Comments Presented on December 8,
1997, summarizes comments offered during the
public comment period held on December 8 and.
the Executive Council's questions and
deliberations about the issues raised in those
comments. Section 3.0, Public Comments
Presented on December 10, 1997, summarizes
the comments offered during the public comment
period held on December 10 and the Executive
Council's questions and deliberations about the
issues raised in those comments.
2.0 PUBLIC COMMENTS PRESENTED
ON DECEMBER 8,1997
This section summarizes the comments offered to
the Executive Council during the public comment
period on December 8,1997. It also summarizes
the remarks with which members of the council
opened the period and the Executive Council's
questions and deliberations about the issues
raised in the comments presented.
Mr, Haywood Turrentine, executive director of the
Laborer's Education and Training Trust Fund (an
affiliate of the Laborers International Union of
North America) and chair of the Executive Council
of the NEJAC, opened the session by welcoming ,
all individuals present. He then asked Mr.
Richard Moore, Southwest Network for
Environmental and Economic Justice and '
immediate past chair of the Executive Council of
the NEJAC, to offer remarks.
Mr. Moore thanked the Executive Council for the
opportunity to speak. Reflecting on the
experiences of.the day, as well as his service as
the first chair of the Executive Council, Mr. Moore,
reviewed issues the Executive Council had
considered, the accomplishments it had attained
during his tenure, and the extensive work that
remains. Exhibit 2-1 presents an excerpt of Mr.
Moore's remarks. •
The comments that followed Mr. Moore's remarks
are summarized below in the order in which they
were offered.
2.1 Carl Custalow, Mattaponi Indian Tribe,
Virginia
Mr. Carl Custalow, Mattaponi Tribe, who is the
assistant chief of the tribe, first stated that the
Mattaponi Indian Reservation, established in
1698, is one of the oldest in the Unites States.
Mr. Custalow informed the Executive Council that
members of the Mattaponi tribe depend on the
local ecosystem, obtaining the majority, of their
food supply through fishing, hunting, and
gathering. He stated that construction of a
reservoir near the Mattaponi Reservation in King
William County, Virginia had been proposed.
Exhibit 2-2 provides an overview of the proposed
reservoir. Construction of the proposed reservoir,
Mr. Custalow declared, would flood 1,500 acres of
land, including a part of the reservation.
The parties that prepared the environmental
impact statement (EIS) for the proposed project,
Mr. Custalow continued, failed to consider the
potential effects of the reservoir on nearby tribal
people. For example, he said, although the EIS
recognized the loss of wildlife habitat that the
construction of the reservoir would bring about, it
did not examine the effect of that loss on the
tribe's traditional hunting,and fishing culture. He
added that subsequent studies had found that it
was not necessary to build a reservoir to ensure
that water supplies would be adequate in the
future. Mr. Custalow reported further that EPA
had requested that the U.S. Army Corps of
Engineers (USAGE) conduct a supplemental EIS,
but that USAGE had not yet responded to that
request. Mr. Custalow then urged the members
of the Executive Council to investigate the status
of any applications for pertinent operating permits
that might be outstanding, noting that he believed
that the state water control board was to consider
the issuance of a permit for the project in
December.
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Public Comment Period
National Environmental Justice Advisory Council
Exhibit 2-1
REMARKS ABOUT THE NATIONAL ENVIRONMENTAL JUSTICE ADVISORY -
COUNCIL (NEJAC) AT THE DECEMBER 1997 MEETING
In other NEJAC meetings, what we said was, if there wasn't environmental injustice, then we wouldn't
have what is called the National Environmental Justice Advisory Council to the Administrator of the
Environmental Protection Agency. If there wasn't environmental racism, because we've got to call it for what it
is, and as we come together as Council members and subcommittee members and those others that work for
other government agencies throughout this administration, if it wasn't for environmental racism,...
It is not by accident, sisters and brothers, that our communities are chosen to receive everything that others
do not want in their communities. That is not something, as we have said over and over again, to be proud of,
but the fact is that we sit here this evening in this hotel with an incredible amount of responsibility.
That responsibility is something that this Council, the dedicated sisters and brothers that are on this
Council and on the subcommittees, will continue, the ones that have just recently joined the Council and also
the subcommittees, to take up for the next several years.
I also would like to remind the Council, and ask that the environmental justice movement is not driven by a
federal advisory council. The environmental justice movement is driven by those sisters and brothers that we
will hear this evening testifying at the public comment period and those that we joined this afternoon in visiting
those communities.
This movement is not a federal liaised movement, this is a grassroots movement, it's a working class
movement, and the sisters and brothers that work in those plants and live in those communities will continue to
be the driver of this environmental justice movement, our environmental justice movement.
So for those of you that work in government institutions, whether it is the Environmental Protection
Agency, we applaud the hard work that many of you have been involved in. But the reality is, when it comes to
environmental justice, we have to be clear and become much clearer, iri terms of what is this administration's
commitment to environmental justice, environmental economic justice ...
It is not something that we can take lightly. When you see the administration has taken on a race initiative,
but in fact, where is the environmental justice representation within this race initiative? We have said that we
would prefer not to call it environmental racism. As a matter of fact, if it wasn't for us speaking the truth, then
we wouldn't need to do that. But where is environmental justice in regard to the commitment of this existing
administration... •
All I do know is that we have come to this table as activists, as industry, as government, as religious
leaders, as grassroots leaders, leaders of environmental justice networks, have come to this table together to say
that we will agree on some things and we will disagree on others. JBut the commitment was to come to the
table, and that is what is happening over the next several days here in North Carolina.
I would like to thank our sisters and brothers in the Southeast for showing us the kind of hospitality that
we have received since we have been here, and we have only been here for a very short period of time ...
Three years, and for two years we talked about NEPA, NEPA, NEPA. I understand there will be an
announcement here, but we understood there were going to be a whole lot of announcements.
The Interagency Working Group on Environmental Justice — the Interagency Working Group on
Environmental Justice was not given to us by the kindness of anyone. It was a recommendation that was
proposed to the administration by the environmental justice movement, the Interagency Working Group,
because what we said was, wouldn't it just make sense if HUD sat with the EPA and the Health sat with
Transportation, and all this, when in fact all these problems, the combinations of problems that we have in our
communities, could be worked on jointly, not being led by an agency, but being led by our sisters and brothers
that live in those communities. That's a real Interagency Working Group on Environmental Justice.
We have got Title VI complaints all over the Southeast, all over the Southwest, all over the Northeast,.in
the Midwest, the Northwest. And where is it at right now, sisters and brothers? You bear the responsibility to
make sure that issue moves forward.
— Richard Moore
Former Chair, Executive Council
of the NEJAC
December 1997
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National Environmental Justice Advisory Council
Public Comment Pe
Ms. Lillian Kawasaki, city of Los Angeles,
California observed that no permit can be issued
until the supplemental EIS has been conducted.
Mr. Turrentine then requested that Mr. Custalow
present specific information about the proposed
reservoir project to the ' Indigenous Peoples
Subcommittee of the NEJAC, which then would
be able to examine all the facts of the case. Mr.
Turrentine noted that the subcommittee would
report on the issue to the Executive Council, and
that the Executive Council then would take the
appropriate action.
2.2 Grace L. Hewell, West Alton Park
Neighborhood Association, Chattanooga,
Tennessee
Ms. Grace Hewell', West Alton Park Neighborhood
Association, informed members of the Executive
Council that she had served as an adviser on
.human rights issues during the Carter
Administration. She also mentioned that she is
affiliated with numerous groups that serve low-
income and minority populations.
Ms. Hewell then extended an offer from the city of
Chattanooga, Tennessee, to host a NEJAC
meeting. She stated that the Board of County
Commissioners of Hamilton County, in which the
city is located, had voted unanimously to invite
the NEJAC to hold a meeting in Chattanooga.
She noted that White House officials had referred
to Chattanooga as a "sustainable environmental
community," despite the high incidence of
respiratory problems among the population of the
area. Ms. Hewell then reviewed some of the
environmental progress that had been achieved
recently in the city. She cited especially a study
of the health effects of contamination of
Chattanooga Creek, which she noted had drawn
the attention of Vice President Gore. Ms. Hewell
also mentioned specifically controversy that had
arisen over proposed road construction projects
in the city that would have disproportionate effect
on low-income communities and minority
communities.
Finally, Ms. Hewell commented that the chair of
the NEJAC is a "grassroots individual" and that
the designated federal official (DFO) of the
NEJAC represents a federal agency. She stated
that federal agencies "have a noose around our
necks" and added that "getting legislation passed
is only one aspect ... the legislation must be
implemented."
Exhibit 2-2
OVERVIEW OF THE PROPOSED
KING WILLIAM RESERVOIR, VIRGINIA
The King William Reservoir is one element of a
three-part strategy developed by the Regional Raw
Water Study Group (RRWSG) established by the
local government bodies of several jurisdictions in
southeastern Virginia. The strategy is designed to
meet the projected municipal water needs of that
area. A study conducted in 1987 to assess the
long-term water supply needs of the Lower
Peninsula indicated that the region would begin
experiencing water shortages by the year 2000,
despite increased emphasis on water conservation.
Hie study also indicated that, by the year 2040, the
regkafwould experience a shortage of 30 million
gallons of water per day if no action is taken to
expand existing water supplies. :
The proposed King William Reservoir would be a
1,500-acre municipal water storage reservoir in
King William County, Virginia. The primary
source of water for the reservoir would be the
Mattaponi River. The pump station would be
located about 5.5 miles upstream of the Mattaponi
Indian Reservation. Water is to be stored in the
reservoir until needed, then pumped by pipeline to
another reservoir, from which it will be withdrawn
for ultimate use.
The lands of three Indian tribes lie in King William
County. Questions remain about the potential
environmental injustices the reservoir project
represents to local residents, particulary those
Native American communities. For example, shad
is a subsistence food of great spiritual and cultural
value to the tribal people. It is not known whether.
the project will affect the shad fishery in the
Mattaponi River. Another issue to be determined is
the potential effect of the proposed reservoir on
numerous archaeological sites at which large
quantities of tribal artifacts are found. The sites lie
within the proposed project area. Further, the •
Mattaponi people have expressed an interest in
expanding their land base to enable members of the
tribe who do nofcurrently reside on the reservation
to return to tribal land. Members of the tribe have
expressed concern that the reservoir project may
spur development in the area, impeding the tribe's
ability to expand the reservation.
The RRWSG, a regional coalition of city and
county governments, sponsors the King William
Reservoir project. Members of the RRWSG
include the cities of Newport News and
Williamsburg and York and James City counties.
The city of Newport News manages the project for
the RRWSG.
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Mr. Turrentine informed Ms. Hewell that
Chattanooga was on the ballot from which the
members of the NEJAC would select the locations
at which they would schedule future meetings.
The ballots, he added, would be tallied on
Wednesday, December 10.
2.3 Allen Dearry, National Institute of
Environmental Health Sciences
Mr. Allen Dearry, National Institute of
Environmental Health Sciences (NIEHS), began
his comments by stating that the primary
responsibility of NIEHS is to conduct research on
ways to reduce the effects of contamination on
human health and the environment. Mr. Dearry
distributed to members of the Executive Council
two handouts, the first providing information about
NIEHS's environmental justice grant program and
the second describing the institute's agenda for
advancing community-based research.
Mr. Dearry informed members of the Executive
Council of the plans of NIEHS to "advance
environmental justice issues" by developing a
focused research agenda to assess
environmental justice issues and by developing a
set of specific, targeted recommendations for
addressing those issues. He noted the
importance of coordination among agencies in
addressing issues related to environmental
justice.
Mr. Dearry pointed out that his agency's
environmental justice grants program differs
significantly from EPA's program in that, under
the NIEHS program, there is "significant
community input" on the boards that review grant
applications. Further, he said, most of the funds
are awarded directly to communities. NIEHS
considers its process to be a model, Mr. Dearry
said, suggesting that all agencies should develop
an approach to community-based research, as
well as an approach to interagency interaction.
Mr. Dearry encouraged members of the Executive
Council to provide recommendations for activities
that NIEHS should conduct during fiscal year
1999. He noted that fiscal year 1998 "is a done
deal," and that planning for fiscal year 1999
already was underway.
Ms. Rosa Hilda Ramos, Community of Catano
Against Pollution and Chair of the Public
Participation and Accountability Subcommittee,
inquired about the efforts of NIEHS to make its
expertise available to grassroots organizations.
Mr. Dearry explained that community groups
receive information about the programs of the
NIEHS, and that NIEHS makes an effort to
provide communities with tools, the resources,
and the knowledge they need to be competitive in
their grant applications. He added that grants
awarded to communities are one way to provide
such tools. Mr. Dearry also stated that each of
the 26 NIEHS centers a'cross the country
conducts community outreach and education
programs to ensure that findings of the agency's
research are made available to communities.
Ms. Mary, 'English, University of Tennessee,
Energy Environment and Resources Center and
Chair of the Health and Research Subcommittee,
stated that members of the NEJAC should be
aware of the identities of individuals in EPA who
should be consulted about the issues raised
during Mr. Dearry's comments because, she
pointed out, the NEJAC can provide advice only
to EPA, not to other agencies. Mr. Dearry then
observed that EPA's Office of Research and
Development (ORD) controls most of EPA's
research grant activities. He also stated that
agencies tend to listen to the views and advice of
"outside groups such as the NEJAC."
Mr. Turrentine encouraged Mr. Dearry to discuss
his concerns with members of the Health and
Research Subcommittee of the NEJAC.
2.4 Gregory Mills, Harlem Environmental
Health Studies Project, Inc.
Mr. Gregory Mills, Harlem Environmental Health
Studies Project, Inc. challenged participants in the
meeting to use public access forums to discuss
substantive, issues. He also stated that
participants should work to involve the media in
environmental issues, because media attention
can be a key to resolving those issues. Mr. Mills
then voiced his support for Mr. Turrentine, the
new chair of the NEJAC.
2.5 Jeannette Phillips, Concerned Citizens of
Edgecombe County II, North Carolina
Ms. Jeannette Phillips, Concerned Citizens of
Edgecombe County II, provided a brief history of
her organization, stating that it had been formed
in 1996 when members of her community in
Edgecombe County, North Carolina learned of the
, proposed construction of a hog farming facility
near a local school and church. The church, Ms.
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Durham, North Carolina, December 8 and 10,1997
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National Environmental Justice Advisory Council
Public Comment Period
Phillips explained, has been a part of the
community for more than 100 years. She pointed
out that hog farms "surround black churches, and
community members see this as an economic
issue." Ms. Phillips said that members of her
community cannot afford to live in "areas with
$200,000 to $300,000 homes," and consequently
suffer the harmful environmental effects of hog
.farming operations in their community. She
added that property values had decreased in her
community, pointing out that homes in
Edgecombe County that had been purchased for
$50,000 now could not be sold for $20,000.
2.6 Shafeah M'Baiia, Concerned Citizens of
Edgecombe County II, North Carolina
Ms. Shafeah M'Baiia, Concerned Citizens of
Edgecombe County II, pointed out that the
primary issue associated with hog farming
activities is not "simply one of smell, but of the
chemicals emitted from the facilities." She added
that health issues underlie the more "cosmetic"
issue" of smell.
Ms, M'Baiia stated that ultimate responsibility for
addressing the issues associated, with hog
farming operations remains a concern for
members of the community. She added that, with
respect to such issues, the roles of various
federal, state, and local agencies are unclear, and
apcountability therefore suffers.
Noting that North Carolina had become the
nation's second leading producer of pork, Ms.
M'Baiia stated that the majority of the spate's
production facilities are located in African-
American communities. The concentration of
numerous large operations in a relatively small
area creates an industrial, rather than an
agricultural issue, she stated in conclusion.
2.7 Jackie King, Concerned Citizens of
Edgecombe County II, North Carolina
Ms. Jackie King, Concerned Citizens of
Edgecombe County II, stated that she would like
to have information about the nature and extent of
EPA's jurisdiction over hog farming and other
intensive livestock operations. She added that '.
she also would like information about EPA's
relationship with USAGE, as well as whether the
county soil and water conservationist is affiliated
with the federal government
, Mr. Arthur Ray, Maryland Department of the
Environment and chair of the Enforcement
Subcommittee, commented that pfisteria is a
problem in his area and explained that pfisteria is
a "corollary issue that typically surfaces with the
presence of hog farming operations." He asked
the individuals from Edgecombe County whether
pfisteria is an issue in that community. Ms.
M'Baiia replied that sufficient funding is not
available to support investigations that would
determine whether pfisteia is present. She added
that the state of North Carolina had refused
specifically to investigate the pfisteria issue and
that the state had "proven that it cannot and will
not ... clean up the sites and shut down the
facilities." Local communities, she continued,
would like to know what can be done to hold the
state accountable.
Stating that an environmental justice enforcement
roundtable meeting would take place later in the
week, Mr, Turrentine suggested that individuals
attending that meeting might be able to assist the
members of the Edgecombe County community.
•Mr. Ray then added that the Health and Research
Subcommittee of the NEJAC should investigate
the issues raised about the potential health
effects of hog farming operations on communities
in which such operations are located.
Stating that issues related to enforcement, health
effects, and facility siting are pertinent to any
consideratfon of hog .farming operations, Ms.
M'Baiia suggested that all three relevant
subcommittees consider the issue. Mr. Turrentine
agreed that the Enforcement, Health and
Research, and Waste and Facility Siting
subcommittees should engage in dialogue about
the issues. Other members of the Executive
Council added that the questions raised with
respect to responsibility for regulating hog farming
operations and accountability for such regulation
should be included in the subcommittees'
discussions. Ms. Ramos added that biological
risks to the community should be addressed by
the local health department and suggested that
EPA might have jurisdiction when microbiological
risks are present.
Mr. Damon Whitehead, Earthjustice Legal
Defense Fund and member of the Waste and
Facility Siting Subcommittee, stated that EPA
needs to "step up to the plate" on this issue
because 'state governments are not going to
intervene on behalf of the affected communities.
Durham, North, Carolina, December 8 and 10, 1997
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Public Comment Period
National Environmental Justice Advisory Council
2.8 Debra Ramirez, Mossville Environmental
Action Now (MEAN), Mossville, Louisiana
Ms. Debra Ramirez, Mossville Environmental
Action Now (MEAN), described conditions in her
community, Mossvile, Louisiana, which she said
is "surrounded by industry." Alarms sound
frequently, she said, signaling that it is not safe to
be outdoors because of the operations of those
facilities. To reinforce her point, she pointed out
that every child in the community knows that a
"shelter in place" event is a time to "go inside and
seek shelter until we get a signal that all is clear."
Ms. Ramirez reminded the members of the
Executive Council that she had attended the May
1997 meeting of the NEJAC and had offered
comment on the same subject at that time. She
stated that her community had been in litigation
with local industry over issues related to pollution
and that a settlement had been reached with one
company. Negotiations continue with CONDEA
Vista Company, she continued.
Ms. Ramirez then expressed concern that "elderly
people who move because of health hazards are
disoriented in their new surroundings." She
stated further that cancer and birth defects are
among the health problems that people in her
community face. Ms. Ramirez added that a
health study of her community had been
requested, and that members of the community
were demanding relocation. She also stated that
members of the community are still waiting for
representatives of EPA Region 6 to visit the area.
Mr. Ray commented that Ms. Ramirez's
presentation during the May 1997 meeting of the
NEJAC had moved the Executive Council to
request that EPA investigate issues related to the
operations of industrial facilities in the Mossville
community. He explained that the NEJAC had
sent a memorandum to EPA Region 6 and that a
copy of that correspondence had been sent to Ms.
Ramirez. Mr. Ray added that the DFO of the
Enforcement Subcommittee of the NEJAC was to
present information to members of the
subcommittee on the status of EPA's response to
the memorandum. He added that Louisiana was
one of the locations the NEJAC was considering
as sites of its future meetings.
2.9 David Morris, Newport News Waterworks
Planning and Programs, Newport News,
• Virginia
Mr. David Morris, Newport News, Waterworks
Planning and Programs, identified himself as the
project manager for the King William Reservoir
project under which a reservoir would be
constructed upstream of the Mattaponi Indian
Reservation in Virginia (see Exhibit 2-2).
Mr. Morris explained that no permits had been
issued for the construction of the reservoir,
although, he added, USAGE "may be in a position
to issue a permit by mid-1998." Mr. Morris stated
that approaches would be considered that would
minimize any undesirable effects the reservoir
project might have on neighboring tribal
communities. He added that members of the
communities in the area had voiced concern
about such environmental justice issues as the
effects of the project on the local fishery, which is
a major source of food for the tribal community,
as well as a focus of the community15 spiritual and
cultural life. Members of the Mattaponi Indian
Tribe also had expressed concern about the
effect of the project on the numerous tribal
artifacts in the area, he added.
Referring to a letter from EPA about the proposed
project and its associated EIS, Mr. Whitehead,
explained that EPA seemed to have taken the
position that the tribe was responsible for
conducting its own analysis arid for explaining
why and how the tribal lands would be destroyed
by the construction of the proposed reservoir.
Stating that the letter was "confusing," Mr.
Whitehead asked for clarification of EPA's
position. Ms. Samantha Fairchild, EPA Region 3,
responded, stating that EPA believed that the
tribe "needed to be afforded an opportunity to
participate in the process," but that EPA had not
intended to imply that the tribe bore ultimate
responsibility for assessing the extent of the
reservoir's effect on communities in its vicinity.
Mr. Luke Cole, Center on Race, Poverty, and the
Environment and member of the Enforcement
Subcommittee, commented that one does not
preserve artifacts by "removing them from an
area and displaying them somewhere else." Mr.
Cole pointed out that the Regional Raw Water
. Study Group (RRWSG), which sponsors the
project, claims to be in compliance with Executive
Order 12898 on Environmental Justice; however,
he stated, "the group is not bound by the
requirements of the Executive order because the
group is not a federal agency."
2.10 Emelda West, St. James Citizens for
Jobs in the Environment, Convent,
Louisiana
Ms. Emelda West, St. James Citizens for Jobs in
the Environment, expressed dissatisfaction with
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Durham, North Carolina, December 8 and 10, 1997
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National Environmental-Justice Advisory Council
Public Comment Period
the way in which the Louisiana Department of
Environmental Quality (DEQ) and EPA Region 6
have responded to environmental justice issues
raised by her community of Convent, St. James
Parish, Louisiana. She stated that DEQ and EPA
Region 6 had "done distinctly what they were
asked not to do, scheduling another activity on
the same day and at the same time as the NEJAC
meeting." Ms. West stated further that her
organization had made little progress in its efforts
to achieve environmental justice, despite the
issuance of Executive Order 12898 in 1994.
"Since then," she declared, "documents have
been generated that are sitting and gathering
dust."
People in her community, Ms. West continued,
are suffering from health problems caused by
"polluting industry," and that they are "sick and
tired of running to Washington D.C." to seek help.
She stated that few people in the community
actually benefit from jobs created by local
industries, pointing out that the average person in
the community is not computer-literate and that
many people in the community need assistance in
developing basic job skills. ,
Ms. West then stated that. members of her
community have signed a petition protesting the
construction in the community of a polyvinyl
chloride (PVC) production facility proposed by the
Shintech corporation. The proposal, she
continued, would locate the facility in a community
that is predominantly African-American and low-
income in which numerous other manufacturing
facilities already are located. She stated that "in
order to get results, community people must be
everywhere all the time" to obtain the information
they need and voice their concerns. Ms. West
added that she would hold the NEJAC
accountable for following up on the issues she
had brought to its attention.
Ms. Rosa Franklin, Washington State Senate and
member of the Health and Research
Subcommittee, asked what positive action the
NEJAC could take, stating that it appeared the
NEJAC was to be held accountable for a situation
over which it had no control. Ms. West responded
that issues related to the proposed'Shintech
facility had been brought to the attention of DEQ
and that DEQ had responded that EPA was the
appropriate agency to hear the community's
concerns. Ms. West added, "if the NEJAC cannot
help, it should not say that it can."
Mr. Charles Lee, United Church of Christ
Commission for Racial Justice and chair of the
Waste and Facility Siting Subcommittee, pointed
out that the,Executive Council had "attached great
significance to this issue" and that the council
should request a full report from EPA Region 6 on
the items on which the NEJAC had requested the
agency take action. Mr. Lee added that the case
is an "ongoing, multifaceted" one. Mr. Ray then
added his observation that the members of the
NEJAC are doing "the best that they can to devise
strategies for addressing the issues" involved in
the case. He added that providing a foruni for
public comment "is one thing, but if s not enough."
Mr. Ray pointed out that one of the most difficult
aspects of the NEJAC's public comment periods
is encountering situations in which the members
of the NEJAC are held accountable for EPA's'
actions, even though the NEJAC cannot control
those actions. Responding to an earlier comment
about a lack of first-hand observation by EPA and
others of the issues that local communities face,
Mr. Ray pointed out that it was not the members
of the NEJAC who said "we need an invitation to
go to Louisiana; EPA said that."
Mr. Turrentine commented that the NEJAC
provides counsel to the EPA Administrator and
that the public comment period had been created
to provide a forum through which members of
communities would have the opportunity to voice
concerns to the NEJAC- The NEJAC then can
develop action items in response to those issues,
he said. Mr. Turrentine added that the NEJAC
generates action items and forwards resolutions
to the EPA Administrator; when "meeting after
meeting occurs without any significant action on
the issues, it becomes extremely difficult for
members of the NEJAC to provide answers" to
members of the community, he said. Members of
the NEJAC, Mr. Turrentine continued, do not
know "where EPA is going with [the Shintech]
issue." He added that the NEJAC has no
authority other than'to "take testimony and move
forward with recommendations." As individuals
apart from the NEJAC, however, "there are no
limitations" on the members, he said. Mr. Lee
added that the NEJAC need not apologize further
for inaction; rather, he stated, EPA should "stand
up and tell the NEJAC and the communities
what's been going on."
Durham, North Carolina, December 8 and 10, 1997
2-7
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Public Comment Period
National Environmental Justice Advisory.Council
2.11 Charlotte Keys, Jesus People Against
Pollution, Columbia, Mississippi
Ms. Charlotte Keys, Jesus People Against
Pollution, began by offering remarks about the
formal public comment periods during meetings of
the NEJAC. She stated that, during the public
comment periods, "people should be able to voice
their opinions and concerns on the spot,"
regardless of whether they have signed up to
speak in advance. She said that it appears as
though the public has little, if any, influence on the
processes of the NEJAC. Ms. Keys stated that
she was "tired of people telling me when I can
speak and when I can't."
Ms. Keys then informed members of the
Executive Council that she had produced a
documentary videotape on the health effects of
environmental problems in her community,
Columbia, Mississippi. She stated that, at one
site in her community, more than 100 acres are
contaminated, but only one-quarter of the site had
been cleaned up. The community in the vicinity of
the site, she said, should be relocated. Ms. Keys
stated that EPA and other agencies involved have
a responsibility to make appropriate decisions
about the relocation of that community.
2.12 Michele Berditschevsky, Native
Coalition for Cultural Restoration of
Mount Shasta, California
Ms. Michele Berditschevsky, Native Coalition for
Cultural Restoration of Mount Shasta, stated that
"sacred sites and lands are being destroyed on a
mass scale," citing two cases in her state of
issues related to sacred lands, one in the area of
Mount Shasta and a second that was to be
discussed in the comment following hers. Exhibit
2-3 presents background information about Mount
Shasta, California. For 10 years, she said, her
organization had been fighting development on
Mount Shasta, which is sacred to the Native
American communities in the area. Such sites,
she added, are related to issues of mental and
spiritual health, of personal and community well
being — in short, issues of identity. She
described the efforts of a number of organizations
to support the listing of Mount Shasta on the
National Register of Historic Places, to preserve
its original boundaries, and to prevent
construction of a second proposed ski resort on
the mountain. Ms. Berditschevsky then requested
that the NEJAC take action to preserve Mount
Shasta as a Native American sacred land.
Exhibit 2-3
BACKGROUND INFORMATION ABOUT
MOUNT SHASTA, CALIFORNIA
Mount Shasta is the largest volcanic peak in the
continental United States and is a dominant
geographic feature of northern California and
southern Oregon. Native Americans have used
specific areas of Mount Shasta for training
medicine men and women and as the site of
spiritual quests, food gathering activities, and
tribal ceremonies. The Native Coalition for
Cultural Restoration of Mpunt Shasta has been
working to preserve the environmental and
cultural integrity of Mount Shasta. Members of
the coalition include the Pit River Tribe, the
Shasta Nation, Resighini Rancheria, Local
Indians for Education, the Intertribal Council of
California, the California Council of Tribal
Governments, and Save Mount Shasta.
In March 1994, Mount Shasta was found to be
eligible for placement on the National Register
of Historic Places. In November 1994, in an
unprecedented decision, the keeper of the
National Register of Historic Places in the U.S.
Department of the Interior revised the original
determination of eligibility to reduce the area of
the designated historic district from 150,000
acres to 19,000 acres. Members of the Native
Coalition for Cultural Restoration of Mount
Shasta assert that Native Americans were not
included in any discussions or meetings that
occurred during the decision-making process
that resulted in that reduction. Members of the
coalition are concerned about the failure to
involve them in the consideration'of such crucial
decisions, as well as about proposals for large-
scale development on Mount Shasta, including
the proposed construction of a second ski resort.
2.13 Floyd Buckskin, Medicine Lake
(Ajumawi Tribe) and Chairperson of
the Native Coalition for Cultural
Restoration of Mount Shasta
Mr. Floyd Buckskin, Medicine Lake (Ajumawi
Tribe) and the Native Coalition for Cultural
Restoration of Mount Shasta, informed members
of the Executive Council that tribes have "never
given up on their land." He pointed out that
Native Americans are concerned about
development, the presence of hazardous
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Durham, North Carolina, December 8 and 10,1997
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National Environmental Justice Advisory Council
Public Cc
substances in groundwater, and the lack of a true
govemment-to-govemment relationship with EPA.
Mr. Buckskin then discussed the Medicine Lake
Highlands and the cultural significance of the area
to nearby tribes and its role in the sustenance of
those tribes.
He stated that, for native tribes, the Medicine.
Lake Highlands are a place of refuge, a source of
food and water, and a testament to "the greatness
of the Creator." He pointed out as well, that the
area had been targeted for proposed geothermal,
commercial, and industrial development. Mr.
Buckskin's stated that The Native Coalition for
Cultural Restoration of Mount Shasta had urged
the Forest Service, U.S. Department of
Agriculture, which is responsible for the area, to
develop a comprehensive cultural resource
management plan for the entire area, rather than
"fractionalize" portions of the area for analysis.
Tribes had expressed concern, he continued, that
their views had not been considered adequately
during decision-making processes about
proposed development projects. Additional
concerns of the tribes that Mr. Buckskin noted
include the perceived limited understanding of
Native American values on the part of the Forest
•Service and other decision makers, the
disproportionate effects the proposed
development projects would have on nearby
tribes, the existence within the Forest Service and
among other decision makers of bias and
favoritism in support of the development projects,
and the "misleading characterization" of the
project by federal agencies.
Mr. Turrentine encouraged Mr. Buckskin to
present the information he had brought to the
attention of the Executive Council, including the
specific requests being made of the NEJAC, to
members of the Indigenous Peoples
Subcommittee of the NEJAC.
2.14 Elizabeth Duncan, Afro-American
Beach Historical Society, South
Carolina
Ms. Elizabeth Duncan, Afro-American Beach
Historical Society," commended the individuals
who had preceded her at the microphone for their
"courage to speak." She added that many
African-Americans also are "Afro-Native-
American," and that most community groups do
not have the necessary funds to hire attorneys to
protect them, even though "there are two sides to
environmental justice issues -- environmental and
legal." . - .
Ms. Duncan then discussed the history of her
community and of the coastal South Carolina
area. A number of soldiers who had fought for
the Union Army, she said, had returned to the
area and purchased land on which they had once
been slaves. Places like Hilton Head, she pointed
out, had once belonged to members of such
, communities. Their descendants remain in the
area, she continued, despite pressure brought to
bear on their communities by developers.
Ms. Duncan then stated that plans put forth by a
developer in the area would put the developer in
violation of the Clean Water Act (CWA). She
requested that an investigation be conducted to
identify violations of the CWA, violations of Title
VI of the Civil Rights Act of 1964, inappropriate
land use and zoning decisions, and the failure of
USAGE to notify landowners of impending
decisions that might affect the health of nearby
residents. Ms. Duncan did not identify specific
sites or communities to which her requests
applied. However, she did inform members of the
Executive Council that she would ,submit a
"formal" letter from the community she
represented to the NEJAC.
Ms. Duncan then requested a list of attorneys and
consultants who can assist community groups in
legal and environmental matters. Mr. James Hill,
Klamath Tribe and chair of the Indigenous
Peoples Subcommittee, informed Ms. Duncan
that the American Bar Association maintains a list
of attorneys who provide pro bono services
specifically in the area of environmental justice.
Mr. VVhitehead offered to provide Ms. Duncan a
list of individuals to contact to obtain legal support
and environmental consultation.
Mr. Turrentine invited.Ms. Duncan to attend the
meetings of the Waste and Facility Siting and
Enforcement subcommittees of the NEJAC. He
asked that she explain further to the members of
those subcommittees the issues she had raised
during the public comment period.
3.0 PUBLIC COMMENTS PRESENTED
ON DECEMBER 10,1997
This section summarizes the comments offered to
the Executive Council of the NEJAC during the
public comment period conducted on December
10,1997, as well as written comments submitted
Durham, North Carolina, December 8 and 10, 1997
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Public Comment Period
National Environmental Justice Advisory Council
for the record at that time. Comments are
summarized below in the order in which they were
offered.
3.1 Arthur Smith, Jr., Hyde Park/Aragon Park
Improvement Committee, Inc., Augusta,
Georgia
Mr. Arthur Smith, Hyde Park/Aragon Park
Improvement Committee, Inc., first reminded the
Executive Council and the audience that all
Americans are members of a single "family,"
regardless of their ancestral background. He
expressed his pleasure at noting the multicultural
makeup of the Executive Council. •
Mentioning Mr. Lee specifically, Mr. Smith
commended the members of the NEJAC for
inviting representatives of communities affected
by issues related to environmental justice to
become involved in the NEJAC's efforts to
address those issues. He reminded the
Executive Council that members of communities
bring their cases to the NEJAC to find solutions to
problems, not merely to make presentations on
the environmental issues they face. Reminding
the members of the Executive Council that the
Agency for Toxic Substances and Disease
Registry (ATSDR) had received funding from EPA
to establish a health clinic in Augusta, Mr. Smith
expressed his conviction that the funding decision
had been an 'indirect result of the action the
community of Augusta had taken to present its
views to the Executive Council. He also
expressed his regret that other communities, such
as Torrance, California and Columbia,
Mississippi, would not receive similar funding
because of budget constraints at EPA. By calling
for a show of hands, Mr. Smith demonstrated that
more than half the audience were members of
communities coping with environmental justice
issues. He then called for those communities to
work together and concluded his remarks by
urging the NEJAC to invite more community
involvement in the future.
3.2 Lula McDonald, Eufala Street Landfill
Association, Fayetteville, North Carolina
Ms. Lula McDonald, Eufala Street Landfill
Association, described the environmental
conditions that have resulted from the
establishment and operation pf a 465-acre landfill
in the Eufala Street neighborhood in Fayetteville.
She stated that wild dogs, snakes, buzzards, and
rats "the size of dogs" have invaded residential
streets and yards in the vicinity of the landfill.
Asbestos is buried routinely at the landfill, she
added, and large quantities of embalming fluid
and animal carcasses have been dumped in it.
Further describing the conditions in the
neighborhood, Ms. McDonald stated that one
chemical present in the raw garbage disposed of
in the landfill combusts when it becomes wet
during a rain. She said the landfill sometimes
"bums for weeks at a time" and her neighborhood
is blanketecfwith smoke. Ms. McDonald stated
that members of her community suffer from
various types of cancer, as well as respiratory
illnesses. "People are dying," she declared.
Ms. McDonald stated that appeals to city officials
and landfill administrators to move the landfill or
relocate the people living near it have been
ignored. Protests against operations at the landfill
have been cut short by local police, she said.
Ms. McDonald also noted that after members of
the NEJAC stopped at the landfill during its site
tour on December 8 that local officials were now
considering relocating the,remaining residents.
Warning participants to fight any plans to
establish landfills in their communities, Ms.
McDonald stated that the Eufala Street Landfill
Association is willing to help any community fight
such plans. It is an injustice, she continued, that
landfills most frequently are established in poor
communities. Ms. McDonald closed by urging
communities to combine their efforts and fight that
injustice.
Mr. Ray thanked Ms. McDonald for inviting the
members of the NEJAC to her neighborhood to
view the environmental conditions caused by the
landfill. During that visit, he stated, he had
observed children playing in the streets and
•wondered what physical and psychological effects
pollution from the landfill would have on them.
Mr. Ray added that the children can take strength
from strong people like Ms. McDonald and other
members of the Eufala Street Landfill Association.
3.3 Jaqueline Pikul, Clean Water Fund of
North Carolina
Ms. Jacqueline Pikul, Clean Water Fund (CWF) of
North Carolina, speaking for scheduled
presenters Felton Alexander and Nan Freeland,
who had been unable to attend the session,
described the CWF as a statewide, nonprofit
grassroots organization that works to address a
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National Environmental Justice Advisory Council
Public Comment Period
variety of issues related to water resources. The
CWF, she continued, had embarked on an
enforcement campaign in the fall of 1997. The
objective of the campaign, she stated, is, to
address the failure to enforce environmental
regulations in North Carolina and the subsequent
effects of that failure on communities in the state.
. Ms. Pikul stated that the CWFs .enforcement
campaign began with seven public forums held in
various locations around the state. Citizens,
community representatives, and members of
private groups were invited to attend the forums
to present information about environmental issues
in their communities —• for example, to identify
entities that are causing pollution and how those
entities avoid enforcement. Reached through the
forums, some 700 people have signed various
petitions and approximately 30 organizations
have signed a resolution that calls for tighter
regulations and increased enforcement, Ms. Pikul
reported.
She added that, as part of the campaign, the
CWF had made a presentation to the
Environmental Management Commission (EMC),
a state commission that oversees enforcement of
regulations and assessment of fines for
noncompliance. She reported that the CWF had
made a number of recommendations to the EMC,
including some "as simple as the use of penalties
as a deterrent to noncompliance." In addition,
she stated, the CWF had held a people's public
hearing. Members of the EMC and staff of the
North Carolina Department of Environment and
.Natural Resources (DENR) were invited to attend
the event to hear the concerns of citizens from all
parts of the state. Ms. Pikul stated that CWF will
continue its campaign in 1998. She concluded
her testimony by asking the Executive Council to
•support the CWFs campaign and to sign the
resolution she was presenting to the Executive
Council for its consideration..
Ms. Ramos asked Ms. Pikul to send copies of the
resolution to EPA Region 4 and to the
Enforcement Subcommittee of the NEJAC.
3.4 Michael Lythcott, The Lythcott Company
Mr. Michael Lythcott told members of the
Executive Council and the audience that, as a
result of the Relocation Roundtable meeting held
in Penscola, Florida in 1996, an effort organized
by Mr. Lee, Ms. Cynthia Babbitt, a community
leader from the city of Delano, California had
been empowered to fight for the relocation of her
community. Through her efforts and the creative
efforts of attorneys from EPA Region 9, he
reported, Dow Chemical Company and the Shell
Oil Company, the responsible parties (RP) that
had been found liable for the contamination, haci
come to the negotiating table. Through that effort
and the work of the NEJAC and Representative
Jane Harman (D-Calif.), said Mr. Lythcott, the
community and the RPs had reached a, voluntary
relocation agreement. The settlement, Mr.
Lythcott pointed out, marked the first time in
American history that a relocation agreement had
been negotiated without a legal battle.
Mr. Lythcott then described a situation in a
community in Corpus Christi, Texas, where some
2,000 homes lie within one mile of 17 chemical
plants and refineries. Mr. Lythcott pointed out that
90 percent of the minority population of Corpus
Christi live in that community. Many homeowners
in the area are locked into two consecutive 30-
year mortgages, he continued, the legacy of past
dealings with unscrupulous bankers. There is no
Superfuhd site in the area, he added. He then
explained that citizens of the community had filed
hundreds of lawsuits after explosions struck the
area; however, he observed, the community had
"served as lawyer food for attorneys who file the
suits, getting each family $500 and taking home
$5 million for their services." Mr. Lythcott stated
his hope that EPA will consider providing grants
to communities so that they can hire attorneys to
advise them about their rights. Mr. Lythcott
stressed that communities would use such grants
to obtain legal advice, not to pay for litigation.
Continuing his remarks, Mr. Lythcott compared
the Surface Transportation and Uniform
Relocation Assistance Act of 1987, under which
relocations in response to environmental
conditions are conducted, with the government's
policy on relocating its own employees. He
argued that, if one compares relocations carried
out under each of the two policies, one most likely
would observe an environmental justice problem.
He stated that the government must ensure that,
when relocations of citizens or communities are
conducted, they should be performed in the same
manner in which government employees are
relocated. Mr.-Lythcott stated further that "horrific
stories" are told about relocations conducted by
the USAGE. Therefore, he stated, relocation
projects should be conducted by relocation
companies in private industry.
Durham, North Carolina, December 8 and 10, 1997
2-11
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Public Comment Period
National Environmental Justice Advisory Council
Mr. Lythcott stated his belief that the NEJAC
would benefit from a closer working relationship
with the Interagency Working Group (IWG) on
Environmental Justice. He then concluded his
testimony by recommending that a separate
subcommittee be established to "deal simply with
environmental justice as a concept to be
embraced and integrated into all actions of the
government."
Mr. Turrentine urged members of the Executive
Council to engage Mr. Lythcott in further
conversation later in the meeting, calling him "an
incredible resource of information and ideas."
3.5 Damu Smith, GreenPeace
Mr. Damu Smith, GreenPeace, informed the
Executive Council of efforts by the Louisiana DEQ
and EPA Region 6 to facilitate the siting of a
facility of the Shintech Corporation, a
manufacturer of PVC in the community of
Convent, St. James Parish, Louisiana. Those
efforts had been made, he stated, despite a
resolution on the issue passed by the NEJAC at
its meeting in May 1997 in Wabeno, Wisconsin;
the rejection by the EPA Administrator of
Shintech's air permit on the basis of technical
deficiencies; and an advisory letter to the state of
Louisiana in which the EPA Administrator set forth
the environmental justice concerns and civil rights
issues raised by citizens of St. James Parish and
GreenPeace. First, Mr. Smith stated, EPA Region
6 and DEQ had involved the Southeast
Negotiation Network, an organization that
provides training and assistance in negotiating
and managing public conflict, to negotiate a deal
with Shintech for the establishment of a facility in
Convent. Second, he said, DEQ had attempted
to convene meetings to discuss environmental
justice issues associated with the siting of the
Shintech facility without providing adequate
notification to parties who oppose the project and
without adequately taking into consideration
meeting dates requested by those parties.
. Because of those actions by EPA Region 6 and
DEQ, Mr. Smith continued, St. James Citizens for
Jobs in the Environment had filed a motion for
recusal of DEQl the organization, he said, is
asking that EPA play a more aggressive role in
forcing DEQ to "do the right thing." Mr. Smith
closed his presentation by asking members of the
NEJAC to continue to monitor the actions of EPA,
in accordance with the resolution the NEJAC had
adopted at its May meeting.
Ms. Margaret Williams, Citizens Against Toxic
Exposure and member of the Health and
Research Subcommittee, stated she is disturbed
by the difficulties that people of color must go
through to keep facilities like Shintech out of their
neighborhoods. In contrast, she stated, it most
often takes only one public meeting to keep such
a facility out of a "white" neighborhood. Ms.
Williams added that elected officials who accept
money from polluters in exchange for
governmental support of the polluters' facilities
should be reminded that pollution knows no
boundaries—that eventually their neighborhoods
will be polluted, as well. She then observed that
such officials must come to see industrial
pollution as an American problem, not just as a
problem .of poor or minority communities.
After thanking Mr. Smith for his testimony, Mr.
Turrentine stated that the NEJAC would continue
to have discussions with EPA about the siting of
the Shintech facility in the Convent community.
3.6 Richard, Burton, St. James Citizens for
Jobs in the Environment, St. James
Parish, Louisiana
Mr. Richard Burton, St. James Citizens for Jobs in
the Environment, stated that the organization
opposes the siting of the Shintech facility in
Convent, Louisiana. He stated that two
elementary schools, one preschool, a housing
project, and a retirement community lie within five
miles of the proposed site of the facility. Twelve
chemical plants already are established in that
area, he added.
Mr. Burton asked members of the NEJAC to do all
they can to prevent the establishment of the
Shintech facility in Convent. The Governor of
Louisiana and the President of St. James Parish
support Shintech, making the fight to prevent
Shintech from moving to Convent more difficult,
he said in conclusion.
Ms. Franklin asked Mr. Burton how many people
reside in St. James Parish and whether all eligible
residents were registered to vote. Mr. Burton
responded that he understood that a large
percentage of the residents of St. James Parish
are registered to.vote. It is not difficult to motivate
those residents to vote, he added, but they often
are persuaded to vote for parties who tout
economic gain for the community, despite the
consequent risks to human health and the
environment.
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Durham, North Carolina, December 8 and 10, 1997
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National Environmental Justice Advisory Council
Public Comment Period
Ms. Franklin told Mr. Burton that the Executive
Council supports his organization, adding that the
power of the community lies in the votes of its
residents. She urged Mr. Burton to become
politically active, to muster votes, and to vote
people into office who will represent the members
of the organization in its opposition to Shintech.
3.7 Beth Zilbert, GreenPeace
Ms. Beth Zilbert, GreenPeace, stated that she
represented the Calcasieu Ladies for
Environmental Action Now (CLEAN) and MEAN.
Ms. Zilbert discussed the problems faced by the
city of Lake Charles, Louisiana, which she stated
arise from the operations of 43 petrochemical
industries permitted in Lake Charles. With 588
chemical explosions and disasters between 1988
and 1992, she stated, Lake Charles was fourth in
the nation in chemical disasters during that
period, as reported by the National Environmental
Law Center. She added that, in 1996, 260
accidental releases in the area were, reported to
the state police; however, not one fine, penalty, or
enforcement action was applied to the
responsible facilities, Ms. Zilbert declared.
Further, she said, the public had not been notified
of those releases. Ms. Zilbert also informed the
Executive Council that, in February 1997, the
National Oceanic and Atmospheric Administration
(NOAA) had released a report that recommended
that the entire Lake Charles estuary, which
stretches almost 40 miles, be listed as a
Superfund site. In the'report,, she continued,
NOAA cited the vinyl industry as the major source
of pollution in the estuary.
Ms. Zilbert stated that birth defects, learning
disabilities, and infertility plague the community.
A local newspaper, she pointed out, had reported
that 85 percent of children attending one of Lake
Charles' schools were taking the drug Ritalin for
the treatment of attention deficit disorder (ADD).
Ms. Zilbert called the. Executive Council's
attention to the strategy of Westlake Vinyl
Corporation, which she said recently applied for
eight separate permits for "eight" facilities in
Vincent Settlement (near Lake Charles). Those
"eight" facilities are in realityjelements of a single
PVC megaplex, she said.
Ms. Zilbert then submitted a packet of information
to be read into the record.. The packet, she
stated,- contained a list of 10 recommendations '
that she declared she hoped would be included
on the agenda of the next meeting of the NEJAC
for consideration as resolutions of that body. Ms.
Zilbert closed her comments with a request that
the members of the NEJAC .not"dismiss the
problems in Lake Charles as too extensive to be
remedied.
3.8 Fernando Cueves, Farm Labor Organizing
Committee, Winter Garden, Florida
Mr. Fernando Cueves, Farm Labor Organizing
Committee, explained that he had worked as a
migrant farm worker for 36 years and as an
organizer of migrant farm workers for 18 years.
For most of that time, he stated, he and other
farm workers were ignorant of the dangers that
pesticides posed to their health and the health of
their families. Although migrant farm workers
now understand the dangers related to pesticides,
he added, farm workers still are not protected
from exposure to those dangers. In the United
States, and particularly in the state of North
Carolina, he said in conclusion, laws protecting
migrant farm workers are not enforced.
Mr. Cole asked Mr. Cueves to describe his
particular experiences that involved violations of
the rights of migrant farm workers, stating that
reports of inadequate enforcement of laws
protecting those rights had influenced the
decision to schedule the NEJAC meeting in North
Carolina.
Mr. Cueves responded that violations of the
minimum wage law, the regulations governing the
use of pesticides, and child labor, laws are
common in North Carolina. He stated that he had
never encountered a state field inspector
inspecting the working or living conditions'of farm
workers. He had seen workers' living quarters for
which housing permits had been issued that
nevertheless had no doors, he said. Mr. Cueves
added that he had seen some "houses" made of
building studs covered with plastic sheeting.
Injured Workers often do not receive medical
attention, he continued. Mr. Cueves then stated
that foreign farm workers known as "2A workers,"
who work in the United States under the
Immigration Reform and Control Act, are housed
in isolated camps where they have almost no
access to services from which they can buy food
and necessities. Mr. Cueves likened the
treatment of 2A_workers to slavery.
To clarify the enforcement mechanism in North
Carolina, Mr. Baldemar Velasquez, Farm Labor
Durham, North Carolina, December 8 and 10, 1997
2-13
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Public Comment Period
National Environmental Justice Advisory Council
Organizing Committee and chair of the
International Subcommittee explained that the
North Carolina Department of Agriculture and
Consumer Services is entrusted with enforcement
of worker protection standards and laws
governing the rights of migrant farm workers in
the state; the department receives a grant from
EPA each year to enforce those standards, he
said. However, added Mr. Velasquez, the
department had investigated only two cases in the
past 14 years. Mr. Cole then stated that elected
public officials in North Carolina look the other
way for the benefit of the large corporations that
employ migrant farm workers. Mr. Cole
suggested that the EPA grant provided to the
state Department of Agriculture for enforcement
be revoked or that EPA impose stricter standards
for the enforcement of those laws. Further, he
added, worker protection laws should apply to 2A
workers, as well.
Ms. Christine Benally, Sanostee Chapter of the
Navajo Nation and member of the Indigenous
Peoples Subcommittee, suggested that the
NEJAC's Health and Research Subcommittee
examine issues related to the lack of participation
and involvement on the part of the medical
community in diagnosing illnesses and diseases
related to environmental conditions. Mr.
Turrentine agreed, adding that issues related to
migrant farm workers may fall under the purview
of several of the NEJAC's subcommittees.
Ms. Williams then suggested that meetings of the
NEJAC be structured in a manner that would
allow representatives of EPA, and those of other
agencies that might have jurisdiction over issues
presented, could attend those meetings. Mr.
Turrentine responded that the manner in which
the environmental justice enforcement roundtable
meetings have set a precedent for just such an
opportunity. He stated that state and local
officials are asked to be present at state caucus
meetings to respond to concerns raised during
those meetings. Mr. Turrentine added that the
Protocol Committee of the NEJAC would study
the matter further.
3.9 Hope Taylor, Community of Shiioh, North
Carolina
Ms. Hope Taylor, Community of Shiioh, North
Carolina, stated that she is the technical assistant
grant (TAG) advisor to that community's Clean
Water and Environment Project, and reported that
the organization had developed a number of
recommendations for ways to facilitate the
involvement of members of local communities in
the resolution of environmental issues at a
relatively low cost to taxpayers. That end could
be achieved, she said, through the extension of
current EPA or state programs or through the
development of new programs. She then
presented the organization's recommendations:
« The process of applying for TAG grants,
under which EPA funds the efforts of local
communities to obtain expert technical advice
about environmental problems, must be
simplified and the grants made more broadly
available, with focused technical assistance,
such as a grant advisor, available to
members of local communities at each EPA
regional office.
To build a base of knowledge in rural and
low-income communities, TAG funds could
be made available to train one or more local
residents who would augment, and eventually
replace, the services of outside technical
advisors.
To allow communities, the option of
autonomous governance, rather than
annexation to a municipality that does not
serve the community, technical assistance to
support efforts to incorporate as a local water
district should be available to any
unincorporated community in which the
drinking water is contaminated.
• Local environmental information centers
should be established as an effective means
of involving residents of communities in
pollution prevention efforts. Information
provided by such centers could support
discussions within the community of the siting
of new industries in the community, the
development of "good neighbor agreements"
with existing industries for pollution
prevention, or effective citizen involvement in •
the activities of local emergency planning
committees.
Ms. Taylor stated that the capability of a
community like Shiioh to survive, to develop
according to its own needs, to.protect its natural
resources, and to improve the health of its
residents depends on that community's power to
control its surroundings in the face of global
forces.
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Durham, North Carolina, December 8 and 10, 1997
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National Environmental Justice Advisory Council
Public Comment Period
Mr. Lee thanked Ms. Taylor for presenting the
Shiloh community's recommendations. He
particularly commended the proposal that TAG
advisors be made available to communities
through the EPA regional offices as one that the
NEJAC should pursue.
3.10 Patrick Barnes, Barnes, Farlin, and
Associates, Orlando, Florida
Mr. Patrick Barnes, Barnes, Farlin, and
Associates, stated that he had wished to give
testimony on the issue of minority contracting
under Superfund and the relationship of that to
considerations of environmental justice.
However, he stated, in the interest of time and in
light of the concerns a number of individuals
present were waiting to bring'before the Executive
Council, he instead would submit a
comprehensive, written statement to the NEJAC
at a later date. ,
Mr. Turrentine thanked Mr. Barnes, stating that
the NEJAC would await his statement.
3.11 Tom Goldtooth, Indigenous
Environmental Network, Minnesota
Mr. Tom Goldtooth, Indigenous Environmental
Network, first stated that EPA's response to
resolutions passed by the NEJAC had been
inadequate. As an example of that inadequacy^
he submitted to be read into the record two
documents related to in situ leaching at uranium
mining sites oh a Navajo Reservation near
Crownpoint, New Mexico. Mr. Goldtooth also
submitted a copy of a resolution that the
community developed in which it requested that
EPA deny underground injection control permits
for proposed uranium mines in two Navajo
communities and urged the U.S. Nuclear
Regulatory Commission (NRC) to comply with the
requirements of Executive Order 12898 on
Environmental Justice.
Mr. Goldtooth then stated that toxic loading in
Native American communities is killing people.
He explained that polychlorinated biphenyls
(PCBs) had been detected in the breast- milk of
women living near the General Motors
Corporation's facility near the St. Regis Mohawk's
reservation in New York. Along the Columbia
River in Oregon, continued Mr. Goldtooth, his
"brothers and sisters" face the threat posed by the
presence of PCBs and dioxin in their river. Mr.
Goldtooth argued that the environmental justice .
movement had reached only the "tip of the
iceberg." More work must be done, he declared,
to address issues related to environmental
protection in Indian Country.
Mr. Whitehead asked whether any risk
assessments had been performed for indigenous
communities and, if so, whether they had taken
into consideration the lifestyle behaviors of
indigenous people, such as subsistence fishing.
Mr. Goldtooth responded that that issue had been
a challenge to many agencies. The U.S.
Department of Energy (DOE), he continued, had
made efforts to address the issue. Mr. Goldtooth
stated further that a special project has been
initiated at Xavier University to study risk
assessments on Indian lands and to develop a
model that can be used to plan cleanup and
remediation projects on those lands. He added
that tribal forums had been held to discuss risk
assessment, declaring that he did not know
whether EPA had addressed the issue.
Mr. Turrentine then asked whether the Indian
Health Service (IHS), U.S. Department of Health
and Human Services, had established any
programs to help prevent environmental health
risks. In response, Mr. Goldtooth stated that the
IHS has no appropriate staff to address
environmental health issues. IHS often refers
requests for assistance in environmental health
issues to the Centers for Disease Control and
Prevention (CDCP) or ATSDR, he added. Mr.,
Goldtooth then stated that the indigenous
Environmental Network holds IHS, as well as EPA
and the Bureau of Indian Affairs, U.S. Department
of the Interior, accountable for environmental
health issues because those agencies have a
trust responsibility to Jndian tribes.
Mr. Cole commented that Mr. Goldtooth had
raised a number of specific issues that should be
discussed by the appropriate subcommittees of
the NEJAC. He added that Mr. Goldtooth's
statement about EPA's overall lack of
responsiveness to resolutions of the NEJAC •
touched on a global, procedural issue. Mr. Cole
urged members of the Executive Council and the
subcommittees of the NEJAC to "keep close tabs"
on the tracking lists they use to monitor EPA's
responses to their resolutions/
Mr. Lee reminded the members that the Waste
and Facility Siting Subcommittee had decided to
form a work group to plan a risk assessment
roundtable meeting to bring to light and explore
Durham, North Carolina, December 8 and 10,1997
2-15
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Public Comment Period
National Environmental 'Justice Advisory Council
community concerns about risk assessment. Mr.
Lee then invited Mr. GoIdtootH to participate in
planning the meeting.
In closing, Mr. Goldtooth commented on recent
meetings sponsored by EPA's Office of Solid
Waste and Emergency Response (OSWER),
reports on which OSWER had submitted to the
NEJAC. He stated that OSWER had claimed that
meetings had been held to educate tribes about
development plans in Brownsville, Texas and
Kansas City, Missouri. However, Mr. Goldtooth
continued, representatives of communities and
community organizations had not been invited to
participate in those meetings. He added that
tribal leaders, staff of tribal agencies, and the
people of Indian communities must be given the
opportunity to participate in environmental justice
initiatives.
3.12 Tirso Moreno, Farmworker
Association of Florida, Apopka, Florida
Mr. Tirso Moreno, Farmworker Association of
Florida, opened his comments by stating his
concurrence with the statements made earlier in
the session by Mr. Cueves about the rights of.
migrant farm workers. Mr. Moreno explained that
his people are experiencing health problems that
were unknown among their ancestors. He stated
that those health problems are the result of
exposure to pesticides; however, he noted, that
relationship has not been proven. Research and
investigations must be performed to demonstrate
that connection, he declared. He added that farm
workers deserve the right to express their views
and have influence on decisions about which of
the many investigations needed should be
performed.
Mr. Moreno also discussed two cases in Florida in
which environmental groups had purchased land
from growers, taking the land out of agricultural
production and leaving thousands of farm workers
•Unemployed. The growers received millions of
dollars for their land, he said; however, the farm
workers received almost no compensation,
training, or assistance in relocating. Mr. Moreno
stated that people affected by efforts to clean up
the environment should be protected, as well as
groups like the growers.
In response to Mr. Moreno's statements, Mr.
Velasquez urged that the Executive Council follow
up on the recommendations made by the working
group established by the NEJAC's Enforcement
Subcommittee to examine issues related to
worker protection standards. He urged an end to
the practice of allowing growers to train their farm
workers in worker protection requirements, stating
that growers are self-serving and do not Inform
workers how they can defend themselves against
violations of the standards.
3.13 Terry Clark, People Working for
People, Tifton, Georgia
Mr. Terry Clark, People Working for People,
endorsed the statements made earlier in the
session by Mr. Moreno, stating that, just as
growers should not be entrusted with the
responsibility of informing farm workers of their
rights, facilities that pollute the communities in
which they operate should not be allowed to
dictate how they will pursue cleanup and
remediation efforts in those communities.
Mr. Clark then reminded the members of the
NEJAC that, although they might end their
meeting with a sense of accomplishment, they will
have achieved nothing if EPA fails to respond to
the resolutions they pass. He added that local
officials also are responsible for environmental
justice in many communities because they
approve many city permits when they know that
the facilities they are permitting are not equipped
to handle dangerous chemicals safely. Mr. Clark
concluded his testimony by stating that pressure
should be brought to bear on EPA to respond to
the resolutions of the NEJAC.
3.14 James Hill, National Association for
the Advancement Colored People
(NAACP), Oak Ridge, Tennessee
Mr. James Hill, NAACP, described conditions at
the DOE Oak Ridge facility in Tennessee. He
explained that burial of by-products of the
production of nuclear weapons and accidental
releases of PCBs, radionuclides, and mercury
from operations at the DOE Y-12 nuclear
weapons plant in Oak Ridge, Tennessee had
contaminated soil and water resources jn the
vicinity of the facility. Many children in the
communities of Oak Ridge and Scarborough, a
predominantly African-American community
located about 600 yards from the facility, suffer
from respiratory problems and attention deficit
disorder, he continued. Mr. Hill then informed the
Executive Council that DOE had performed
studies in 1987 and 1992 to determine levels of
radioactivity in the area near the weapons facility.
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Durham, North Carolina, December 8 and 10,1997
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National Environmental Justice Advisory Council
Public Comment Period
Maps that showed the levels of radioactivity
detected by the studies had been provided to the
communities in the area, he stated; however, he
added, the maps had been incomplete and had
not displayed the entire study area. For example,
he pointed out, the maps had not displayed
readings for the community of Scarborough.
Therefore, Mr. Hill stated, DOE had withheld
certain information from the residents of
Scarborough.
Mr. Hill asked the Executive Council to urge EPA
to work with DOE to reveal that "hidden
information" and to address health concerns in
the communities of Oak Ridge and Scarborough,
as well as in communities near other DOE
facilities. ,
3.15 Keith Parham, Residents involved in
Saving the Environment, Inc., King and
Queen County, Virginia
Mr. Keith Parham, Residents Involved in Saving
the Environment, Iric. (RISE), reported to the
Executive Council events related to a suit filed by
his organization against the Virginia Department
of Environmental Quality. The state Supreme
Court had ruled that the license and permit for the
establishment of a 420-acre landfill in King and
Queen County, Virginia had not been issued
properly, he said. The permit had allowed the
siting of the county-owned landfill in a wetlands
habitat, he stated, adding that the landfill is
located one-and-one-half miles from Dragon Run,
one of the most pristine rivers in; the
Commonwealth of Virginia. Mr, Parham then
stated that 35 homes, having either shallow or
deep water wells, lie proximate to the landfill.
Although the landfill was established to dispose of
waste from areas within a 150-mile radius of the
facility, he continued, it currently receives waste
from a much larger area.
Mr. Parham reported that the landfill had
continued to operate despite the Supreme Court
ruling, adding that it poses a potential hazard to
the environment and human health in the area.
Mr. Parham then asked that the Executive
Council support RISE in its efforts to "shed light
on the issue." : ''
Mr, Turrentine responded that the appropriate
subcommittee would be notified of the issue.
3.16 Doris Bradshaw, Concerned Citizens
Committee, Memphis, Tennessee
Ms. Doris Bradshaw, Concerned Citizens
Committee, explained that Defense Depot
Memphis, Tennessee (DDMT) a Department of
Defense (DoD) site located near her home in
south Memphis, Tennessee, had been a
"chemical warfare dumping ground" since 1942.
In 1946, she stated, DoD improperly dismantled
29 mustard gas bombs there, burying the
untreated casings at the site. Until 1968, she
stated, chemicals that originated with DoD
operations, including nerve gas, had been burned
in the open air at the facility. She added that, in
1978, 70 tons of the -pesticide
dichlorodephenyltrichioroethane (DDT) had been
dumped in the drainage systems of her
community. Ms. Bradshaw stated that members
of the community suffer from various types of
cancer, adding further that animals and trees had
died. She described the community's attempts to
work with DoD as "fruitless," stating, for example,
that the base commander had rejected a request
for information that the community had submitted
under the Freedom of Information Act (FOIA). In
another incidence, she added, the community had
requested that sandbags be placed around
certain sites, but that request "was ignored."
Ms. Bradshaw observed that, because the site is
a DoD facility, neither the NEJAC nor EPA had
acknowledged south Memphis as an
environmental justice community. Government
agencies such as DoD and DOE, she continued,
should be forced to comply with the same rules
and regulations that govern private industry. Ms.
Bradshaw then asked that the NEJAC support her
organization's battle to hold DoD accountable for
its actions in south Memphis.
When Mr. Ray asked Ms. Bradshaw why her
community's request for information under FOIA
had been rejected, she responded that the
request had gone no farther through the proper
channels than the base commander.
3.17 Kenneth Bradshaw, Concerned
Citizens Committee, Memphis,
Tennessee
Mr. Kenneth Bradshaw, Concerned Citizens
Committee, echoed Ms. Bradshaw's statements,
and added several comments. In 1995, he said,
the state of Tennessee, EPA, and DoD had
entered into a federal facilities agreement (FFA),
Durham, North Carolina, December 8 and 10, 1997
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Public Comment Period
National Environmental Justice Advisory Council
which governs the cleanup of sites. Mr.
Bradshaw declared that the FFA "essentially gave
DoD the right to regulate itself."
Ms. Franklin asked Mr. Bradshaw whether his
state representative was working with the group
on the issue. Mr., Bradshaw responded that Ms.
Louise D. Barry, the Spe'aker protempore of the
Tennessee General Assembly had helped
organize the group and still worked with it.
Mr. Ray then asked Mr. Bradshaw to provide
more details about the FFA he had mentioned.
Mr. Bradshaw explained that President Clinton's
mandate requiring the closure of numerous
military facilities had spurred environmental
investigations at many military sites. Numerous
military sites, he continued, had been found to be
contaminated with hazardous and toxic materials.
To expedite cleanup of those sites, Mr. Bradshaw
said, the government had entered into FFAs. In
the case to which he had referred, Mr. Bradshaw
stated in conclusion, millions of dollars had been
appropriated for cleanup of a 640-acre site, but no
money had been appropriated for cleanup or
remediation of areas outside the boundaries of
DDMT. Mr. Bradshaw then declared that all his
organization wished to accomplish was to
persuade the government to "do what it has the
power to do to alleviate the suffering of the
people."
3.18 Mattie Shoulders, Oilin Park/Piney
Woods Improvement Corporation,
Chattanooga, Tennessee
Ms. Mattie Shoulders, Oilin Park/Piney Woods
Improvement Corporation, described the Oilin
Park/Piney Woods residential area in
Chattanooga, Tennessee, which, she explained,
is interspersed with industrial plants and
Superfund sites. There are 43 contaminated
areas in the community, she noted. Two schools,
Ms. Shoulders continued, are located on
Chattanooga Creek, also known as "Superfund
Creek." Property values have plummeted and
.crime and disease rates in the area have soared,
she added.
Ms. Shoulders asked members of NEJAC not to
forget about her community and asked for their
support as her community fights to make a better
future for the children of the community.
3.19 Andrew McBride, City of Stamford,
Connecticut Health Department
Mr. Andrew McBride, City of Stamford,
Connecticut, who is the city's public heath
director, informed the members of the Executive
Council about an EPA study conducted in
Baltimore, Maryland titled "Lead-based Paint
Abatement and Repair and Maintenance Study."
The study, he reported, included 107 households
and 140 children. All the children studied were
African-American, he added. Mr. McBride
reported further that the objectives of the study
had been to measure the short- and long-term
changes in concentrations of lead and lead
loadings in homes and to measure changes in
concentrations of lead in the blood of children, as
associated with three different levels of home
repair and maintenance interventions. Mr.
McBride added that the concentrations of lead
also were compared with those in homes that had
undergone earlier abatement procedures and with
those in modern houses that which were
presumed to be free of lead. Lead poisoning, he
explained, can cause permanent neurological
damage in children, which can result in learning
and speech disabilities and behavioral problems.
Mr. McBride questioned the ethics of the study,
stating that EPA had used children as
"barometers of environmental intervention."
Further, the conduct of the study, he said,
demonstrated a choice by EPA to study children
known to suffer from lead poisoning, rather than
to act to ameliorate their situations. Mr. McBride
also questioned the validity of the study, stating
that its research design and methods of statistical
analysis were weak. Mr. McBride then stated that
EPA had proposed a follow-up study, suggesting
that newborns be added to the proposed study
because it is likely that they will have had
minimum exposure to lead before their enrollment
in the study. Mr. McBride asked that members of
NEJAC read the proposal, adding that EPA
should be asked to reconsider the ethics of the
study, as well as its scientific basis and merit.
Mr. Turrentine requested that both the Health and
Research Subcommittee obtain copies of the
study for review and submit findings to the
Executive Council.
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National Environmental Justice Advisory Council
Public Comment Period
3.20 Sarah Shipp-Paran, Committee for
Economic Recovery, Chicago, Illinois
Ms. Sarah Shipp-Paran submitted written
testimony to be read into the record. (See
Appendix C of this report for a copy of the written
statement) in her letter, Ms. Shipp-Paran stated
that EPA had imposed $20 million in fines oh the
city of Gary, Indiana because the sanitary district
had been releasing raw sewage and chemical
waste into the river. She stated that similar
problems occur in south and southeast Chicago,
Illinois, caused by industrial facilities on Lake
Calumet and the Calumet River. However, she
pointed out, no fines had been imposed on-those
industries. Ms. Shipp-Paran explained that one of,
the 462 Comprehensive Environmental
Response, Compensation, and Liability
Information System (CERCLIS) sites in Cook
County (the county in which the city of Chicago is
located) is included on the National Priorities List
(NPL), and no further action is planned at 359
sites, those sites having a status known as No
Further Remedial Action Plan (NFRAP). There
are 211 sites in the city of Chicago, of which 157
have NFRAP status, she continued. None of
those sites, she said, had scored high enough
under EPA's Hazard Ranking System (HRS) for
.identifying sites to be included on the NPL to
warrant evaluation of their potential threat to
human health and the environment. Ms. Shipp-
Paran then stated that her organization questions
the validity of legislation such as Superfund
(CERCLA), the Superfund Amendments And
Reauthorization Act (SARA), the Safe Drinking
Water Act (SDWA), the Resource Conservation
Recovery Act (RCRA), and other environmental
statutes.
Ms. Shipp-Paran asked the Executive Council to
prepare a resolution that reflects the concerns of
the public that suffers because of the "greed of
big business" that affects the lives of the working-
class poor and people of color. She added that,
if the Superfund is reauthorized on May 15,1998,.
the resolution should recommend considerable
flexibility for low-income and minority
communities to help "level the playing field of
environmental contamination."
3.21 Alonzo Spencer, Tri-state
Environmental Council and Save Our
Country
Mr. Alonzo Spencer, Tri-State Environmental
Council and Save Our Country, submitted written
testimony to be read into the record. (See
Appendix C of this report fora copy of the written
statement) In his letter, he requested that the
hazardous waste incinerator in East Liverpool,
Ohio belonging to vonRoll/WTl be included as a
site to be, evaluated and monitored under
President Clinton's Executive Order on
environmental justice.
Mr. Spencer explained that the incinerator is
located in a low-income, minority residential
community, adding that an elementary school lies
within yards of the facility. On May 20,1997, he
continued, EPA granted the vonRoll/WTl
incinerator a full operating license, although EPA
.had acknowledged that the incinerator was
located too close to homes and to the elementary
school. Mr. Spencer added that a risk
assessment performed by EPA had identified at
least 27 possible accident scenarios that coujd
produce harmful or fatal effects on the children
who attend the elementary school. In addition, he
stated,"the site qualified under five of the eight
categories of circumstances that, under the EPA
guidance "Sensitive Environments and the Siting
of Hazardous Waste Management -Facilities,"
render a site inappropriate for the location of a
hazardous waste management facility. Mr.
Spencer argued that the project had been allowed
to proceed despite the serious risk it poses
because it had been sited in a low-income,
minority neighborhood.
3.22 Abbas Hassain, Reduce Recidivism by
Industrial Development, Inc., Illinois
Mr. Abbas Hassain, Reduce Recidivism by
Industrial Development, Inc., submitted written
testimony to be read into the record. (See
Appendix C of this report for a copy of the written
statement.) In his letter, Mr. Hassain made
several requests related to the community of
Victory Heights-West Pullman near Chicago,
Illinois. Mr. Hassain requested that the NEJAC
adopt resolutions that recommend that EPA:
Place contaminated sites in the Victory
Heights-West Pullman area on the NPL of
sites most in need of cleanup
• Issue enforcement actions and penalties
against all companies in the area that may
have contributed to contamination of the two
communities
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Public Comment Period
National Environmental Justice Advisory Council
• Provide technical assistance to the members
of the community and award funds for job
training to local community-based
organizations (CBO)
• Establish a tracking system to identify ail
companies that have "done business" in the
community since 1900 and their insurers
• Hold universities and organizations other than
CBOs that receive funds for community
projects liable for failure to provide for local
communities' participation in the projects
funded
3.23 Mitchell Capitan, Eastern Navajo Dine
Against Uranium Mining, Arizona
Mr. Mitchell Cap'rtan, Eastern Navajo Dine Against
Uranium Mining (ENDAUM), submitted written
testimony to be read into the record. (See
Appendix C of this report for a copy of the written
statement.) In his letter, Mr. Capitan requested
the support of the NEJAC in the struggle for
environmental justice for the Native American
communities near Crownpoint and Church Rock,
New Mexico. He stated that the two communities
are the proposed sites of new uranium mining
operations. Mr. Capitan stated that the U.S.
Nuclear Regulatory Commission (NRC) had
admitted that the mining would contaminate the
aquifer that is the sole source of drinking water for
some 5,000 to 15,000 people in the Eastern
Agency of the Navajo Nation. Mr. Capitan then
asked that the NEJAC urge EPA to deny
underground injection control (UiC) permits and
temporary aquifer exemptions to the mining
company, Hydro Resources, because the
issuance of those permits and exemptions would
violate provisions of the SOW A.
In his letter, Mr. Capitan also stated that the NRC
had failed to conform to provisions of Executive
Order 12898 on Environmental Justice that
require the participation in decisions related to
permitting of the mines of the Navajo people who
will bear the risks the mines pose. The NRC, Mr.
Capitan added, had violated the provisions of the
Executive order further by ignoring the
sovereignty and jurisdiction of the Navajo Nation
and that it recommended in its EIS that the UIC
permit be approved.
3.24 Debbie Bryant, North Back River Road
Association, Virginia
Ms. Debbie Bryant, North Back River Road
Association, submitted written testimony to be
read into the record. (See Appendix C of this
report for a copy of the written statement.) In her
letter, Ms. Bryant stated that her community had
initiated a campaign to rezone its residential
areas some four years earlier and was working to
establish clean, nonpolluting businesses in the
community. She stated that her organization had
led the fight against such illegal practices as spot
zoning that have threatened the community. The
organization, she added had pursued every
appropriate path in its effort, educating the
community, researching issues, pursuing legal
relief, conducting petition campaigns,
documenting disproportionate environmental and
economic effects on the community of current
zoning practices, and more. The organization,
she summarized "had exhausted all legal and
administrative remedies." Ms. Bryant then listed
a number of successful programs the organization
had sponsored in the community, including anti-
crime efforts, clean streets campaigns, and a
street lighting project. She cited the support the
organization enjoys from such organizations as
the NAACP and the Sierra Club. Yet, she
summarized, decisions continue to be made,
without consultation with the community. Ms.
: Bryant concluded her letter with a list of the
unacceptable effects of current policies and
practices, as well as a list of the inequities such
policies create in minority communities.
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Durham, North Carolina, December 8 and 10,1997
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I
MEETING SUMMARY
of the
ENFORCEMENT SUBCOMMITTEE
of the
NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
December 9,1997
Durham, North Carolina
Meeting Summary Accepted By:
Shirley Pate Arthur Ray
Alternate Designated Federal Official Chair
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CHAPTER THREE
MEETING OF THE
ENFORCEMENT SUBCOMMITTEE
1.0 INTRODUCTION
The Enforcement Subcommittee of the National
Environmental Justice Advisory Council (NEJAC)
conducted a one-day meeting on Tuesday,
December 9,1997, during a three-day meeting of
the NEJAC in Durham, North Carolina. Mr. Arthur
Ray, Maryland Department of the Environment,
serves as the newly, appointed chair of the
subcommittee. Ms. Sherry Milan, U.S.
Environmental Protection Agency (EPA) Office of
Enforcement and Compliance Assurance
(OECA), continues to serve as the Designated
Federal Official (DFO) for the subcommittee;
however, Ms. Shirley Pate, EPA OECA,
represented Ms. Milan at the meeting. Exhibit 3-1
presents a list of the members who attended the
meeting and identifies the members who were
unable to attend.
This chapter, which provides a summary of the
deliberations of the Enforcement Subcommittee,
is organized in six sections, including this
Introduction. Section 2.0, Remarks, summarizes
the opening remarks of the chair. Section 3.0,
Update on Subcommittee Work Groups,
summarizes the activities of the work groups of
the subcommittee. Section 4.0, Presentations
and Reports, presents an overview of each
presentation and report, as well as a summary of
the questions and comments of the members of
the subcommittee. Section -5.0r Summary of
Public Dialogue, summarizes a presentation
offered during thepublic dialogue period provided
by the subcommittee. Section 6.0, Resolutions,
presents the resolutions forwarded to the
Executive Council of the NEJAC for
Consideration.
2.0 REMARKS
Mr. Ray opened the meeting by welcoming the
members and Ms. Pate, the alternate DFO. Mr.
Ray thanked the members for giving their time to
the subcommittee's efforts to use the tool of
enforcement to empower communities. Mr. Ray
also thanked former members of the
subcommittee for their efforts, specifically
identifying Mr. Richard Lazarus, Georgetown
University Law Center; Ms. Pamela Tau Lee,
University of California Center for Occupational
and Environmental Health; and Ms. Deeohn
Exhibit 3-1
ENFORCEMENT SUBCOMMITTEE
List of Members
Who Attended the Meeting
December 9,1997
Mr. Arthur Ray, Chair
Ms. Shirley Pate, Alternate DFO
Mr. Luke Cole
Mr. Richard Drury
Mr. David Harris*
Ms. Rita Harris*
Ms. Lillian Mood*
Ms. Peggy Shepard
List of Members
Who Were Unable To Attend
Ms. Sherry Milan, DFO •
Ms. Leslie Beckoff
Mr. Lamont Byrd*
Mr. Grover Hankins
Mr. Gerald Torres
* New member of the subcommittee
Ferris, Washington Office on Environmental
Justice and former chair of the subcommittee.
Mr. Ray stated further that the work of past
members is a model for current and new
members.
3.0 UPDATE ON SUBCOMMITTEE
WORKGROUPS
This section discusses the activities of the work
groups of the Enforcement Subcommittee.
Exhibit 3-2 presents a list of the members of the
various work groups.
3.1 Work Group on the Open-Market Trading
of Air Emissions Credits
Mr. Richard Drury, Communities for a Better
Environment and chair of the subcommittee's
Work Group on the Open-Market Trading of Air
Durham, North Carolina, Decembers, 1997
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Enforcement Subcommittee
National Environmental Justice Advisory Council
Exhibit 3-2
WORK GROUPS OF THE
ENFORCEMENT SUBCOMMITTEE
Work Group on the
Open-Market Trading of
Air Emissions Credits
Mr. Richard Drury, Chair
Mr. Grover Hankins
Mr. Arthur Ray
Ms. Peggy Shepard
Work Group on the Policy on
Supplemental Environmental Projects
Workgroup
disestablished December 1997
Worker Protection Work Group
Mr. Luke Cole
Mr. David Harris
Ms. Peggy Shepard
Title VI Work Group
Members not assigned
Emissions Credits, stated that Mr. Robert
Brenner, Acting Deputy Assistant Administrator,
EPA Office of Air and Radiation (OAR), would
address the subcommittee's concerns about
EPA's failure to provide an adequate response to
Enforcement Resolution No. 7, approved by the
Executive Council of the NEJAC at its May 1997
meeting. Exhibit 3-3 presents the text of the
resolution.
Mr. Brenner outlined for the members of the
subcommittee EPA's position on the open-market
trading of air emissions credits. He stated that
the agency at first had not supported the trading
of air emissions credits, but that such trading had
become a useful tool in the effort to achieve
compliance more effectively and efficiently. EPA,
he said, had collected data that indicate that,
since the establishment of the open-market
trading program, there has been a 40 percent
reduction in emissions of sulfur dioxide and a 30
percent reduction in emissions of lead. Because
of the trading program, he continued, affected
industries often support more stringent air
monitoring requirements. Mr. Brenner stated that
the use of air emissions credits as a form of
economic incentives has enabled EPA to impose
more rigorous emissions standards on industry.
Mr. Brenner stated his belief that, if the program
did not exist, EPA could not have set such '.
stringent requirements to regulate air quality. Mr.
Brenner explained further that, when industries
participate in the program, they still must meet
maximum achievable control technology (MACT)
standards established under.the Clean Air Act
(CAA). EPA, he explained, continues to revise
the MACT standards to ensure that buildups of air
emissions in urban areas do not occur. Mr.
Brenner concluded his remarks by explaining that,
when a facility applies to participate in the
program, EPA evaluates the potential effects of
such participation on the local community.
Mr. Drury expressed concern that Mr. Brenner
had not addressed the issues the NEJAC had
identified in Enforcement Resolution No. 7, as
well as concern that facilities using air emissions
credits are clustered in communities of color and
generate releases that create toxic "hot spots."
He expressed further concern that most MACT
standards have not been written or that such
standards do not exist for many constituents and
that the standards apply only to large facilities. In
response to those concerns, Mr. Brenner stated
that MACT standards had been promulgated for
approximately half the listed chemicals. -. Mr.
Brenner suggested that air monitors should be
placed in environmental justice communities to
better identify sources of air pollution. Mr. Luke
Cole, Center on Race, Poverty, and the
Environment, cited as an example of
unacceptable levels of air emissions, a case in
EPA Region 9 of violation of a vapor recovery
requirement. Mr. Willard Chin, environmental
justice coordinator for EPA Region 9, stated that
EPA had found it difficult to determine the effects
of open-market trading of air emissions credits on
environmental justice communities. Mr. Chin also
stated that the program may have had a
deleterious effect on conditions in some
communities. Mr. Ray then asked what methods
EPA uses to determine whether communities are
being affected adversely by the program. Mr.
Brenner stated that air monitoring in those
communities would be one possible approach to
making such a determination.
3.2 Work Group on the Policy
Supplemental Environmental Projects
on
Mr. Cole, chair of the Work Group on the Policy
on Supplemental Environmental Projects (SEP),
suggested that the work group be disestablished.
The members agreed that EPA had incorporated
many of the work group's recommendations into
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Durham, North Carolina, Decembers, 1997
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National Environmental Justice Advisory Council
Enforcement Subcommittee
Exhibit 3-3
ENFORCEMENT RESOLUTION NO. 7
OPEN MARKET TRADING OF AIR EMISSIONS CREDITS POLICY
MAY 1997
WHEREAS, the public has a-right to know when air pollution may increase in a particular area due to pollution
credit trading; and . ,
WHEREAS, the U.S. Environmental Protection Agency's (EPA) policies related to air pollution credit trading
(the Economic Incentive Policy regulations and the Open Market Trading Policy) do not include any reference
to environmental justice; and
WHEREAS, air pollution credit trading has the potential to concentrate dangerous toxic air pollutants in low-
income communities and communities of color (especially when multiple facilities in a single community
purchase pollution credits thereby, increasing or perpetuating their emissions), creating or exacerbating toxic
hot spots.
NOW THEREFORE BE IT RESOLVED, that NEJAC urges and advises EPA to:
1. Amend the Economic Incentive Policy .and Open Market Trading Policy to incorporate environmental
justice concerns, especially concerns related to public participation and the potential of air pollution
trading programs to concentrate toxic air pollution in communities of color.
2. Amend the Economic Incentive Policy and Open Market Trading Policy to include at least the following
revisions:
(a) Require any agency considering approval of a pollution trade to post prominent public notification of
the trade at least 60 days prior to approval of the trade in a manner expected to reach any communities
that may experience an increase or continuation in air pollution as a result of the pollution trade;.
(b) Require any agency considering approval of a pollution trade to hold public hearings and comment
periods of at least .30 days (following adequate public notice) prior to approval of the pollution trade
in any communities expected to experience increased or continued air pollution as a result of the
pollution trade;
(c) Require any agency considering adoption of a pollution trading program to conduct well-publicized
educational forums.open to the public to explain how pollutipn trading programs work, to be held in
communities that may experience increased or continued pollution as a result of the programs, and
with speakers in favor of and opposed to the pollution trading program under consideration;
(d) Until such times as the agency develops policies such as those indicated in 2a, 2b, and 2c, it shall not
approve trading of air pollutants defined as toxic chemicals under the Clean Air Act, Section 112.
Durham, North Carolina, Decembers, 1997
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Enforcement Subcommittee
National Environmental Justice Advisory Council
its interim revised policy on the use of SEPs in the
settlements EPA negotiates. The members of the
subcommittee agreed to do so.
3.3 Work Group on Worker Protection
Mr. Cole presented to the members of the
subcommittee an update on the accomplishments
of the work group, noting in particular its work in
support of the subcommittee's co-sponsorship of
the Second Environmental Justice Enforcement
Roundtable Meeting to be held December 11
through 13, 1997 at North Carolina Central
University in Durham, Ndrth Carolina. One of the
topics to be discussed during that meeting, he
reported, would be issues related to the protection
of (workers from environmental hazards. Mr.
David Harris, Land Loss Prevention Project, then
suggested that the work group's scope be
expanded to include agricultural issues. The
members of the subcommittee agreed
unanimously. Mr. Harris; Mr. Cole; Mr. Ray; and
Ms. Peggy Shepard, West Harlem Environmental
Action, all agreed to serve as members of the
Work Group on Worker Protection.
3.4 Work Group on Title VI of the Civil Rights
Act
Mr. Cole informed the members of the
subcommittee that, on the previous day, Ms.
Sylvia Lowrance, .Principal Deputy Assistant
Administrator, EPA OECA, had announced to the
Executive Council of the NEJAC that, by January
1998, EPA would distribute to the NEJAC a draft
guidance on Title VI of the Civil Rights Act for
review. Mr. Cole recommended that the
subcommittee form a work group to review the
guidance. Ms. Pate agreed to send to the
subcommittee the guidance on the protocol, so
that the subcommittee could form a work group.
4.0 PRESENTATIONS AND REPORTS
.,:i.,
This section summarizes the presentations made
and reports submitted to the Enforcement
Subcommittee on issues related to enforcement
and compliance assurance.
4.1 Report on Performance Partnership
Agreements
Mr. Thomas Nessmith, EPA Region 4, briefed the
members of the subcommittee on EPA's initiative
for performance partnership agreements (PPA).
Exhibit 3-4 provides a description of the national
environmental performance partnership system.
Exhibit 3-4
NATIONAL ENVIRONMENTAL
PERFORMANCE PARTNERSHIP
SYSTEM
The U.S. Environmental Protection Agency
(EPA) and the states have proposed the national
environmental performance partnership system,
with the long-range goals of providing "strong
public health and environmental protection by
developing a system where the states and EPA
can work together for continuous gains in
environmental quality and productivity."
Comprehensive agreements between EPA
regional offices and states, called environmental
performance agreements, are the principal
mechanism for accomplishing that goal.
Concurrent with the effort to reform its
approach to oversight of its environmental
programs, EPA has entered into a series of
agreements that allow states to consolidate
multiple grants from EPA into combined
performance partnership grants. The, grants are
intended to focus on environmental results,
create incentives for improved performance,
allow flexibility for achieving those objectives,
and enhance accountability to the public.
Mr. Nessmith explained that one of the purposes
of PPAs is to increase public participation in the
decision-making process, noting that EPA Region
4 had had only limited success in achieving that
end.
Mr. Ray then asked whether any PPAs had been
•formed with Native American tribes. Mr.
Nessmith replied that, currently, no tribes in EPA
Region 4 were involved.
Mr. Ray then asked what mechanisms EPA
Region 4 had used to ensure public participation
in its PPAs, adding that he had heard comments
from community members who do not see the
benefits of allocating funds to the states under the
program. Mr. Nessmith responded that EPA
Region 4 must address the issue of community
involvement, which traditionally had been
overlooked by the states and the regional office.
He suggested that community members send'
their comments and concerns to the Regional
Administrator of EPA Region 4. Mr. Nessmith
asked whether the members of the subcommittee
had any suggestions for improving public
participation. In response, Mr. Cole suggested
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National Environmental Justice Advisory Council
Enforcement Subcommittee
that Mr. Nessmith review the criteria set forth in
the guidance for environmental justice. Mr. Cole
suggested to Mr. Nessmith that EPA Region 4
consider establishing a mechanism for oversight
of activities funded by allocations to the states
through the PPA program because, he said, there
are cases in which states use funding earmarked
for community outreach for other purposes. Mr.
Nessmith stated that, he knows of no_case in
which funds earmarked for community outreach
were used for other purposes. He stated that
EPA expects a state to abide by the conditions of
the PPA. Information about how those funds are
allocated is available on the Internet, he added.
In response, Mr. Cole explained that many low-
income communities do not have access to the
Internet. Mr. Ray then suggested that
communities should receive a public notice that
explains what PPAs are and solicits public
comment on each PPA before it is signed.
Ms. Rita Harris, Mid-South Peace and Justice
. Center, stated that, if a PPA is to be successful, it
must include the community. An "effective and
broad poll" should be conducted, she said, to
determine the areas in which the PPA had been
successful and those in which it had not Mr. Ray
added that people are interested in the state of
the environment in their community. The core
performance measures identified in a PPA may
not be suitable for all communities in all
circumstances, he observed.
Ms. Lillian .Mood, South Carolina Department of
Health and Environmental Control, asked how it
would be ensured that communities involved in
the PPAs will, see improvements in public
participation. Mr. Nessmith responded that.
community-based projects included in PPAs must
have a public participation component in the
project plan. He also stated that national core
measures which reflect minimum national
standards can be amended to measure and
report local conditions. Ms. Mood then observed
that, collectively, states and EPA are not
dedicated to public participation.
Afterthanking Mr. Nessmith for attending, Mr. Ray
stated that members of communities should have
a role in the decisions that affect their lives, and
that PPAs should include effective measures that
ensure public involvement from the beginning of
the decision-making process.
4.2 Report on Concentrated Animal Feeding
Operations
Mr. Richard Colbert, EPA OECA, made a
presentation to the members of the subcommittee
on .concentrated animal feeding operations
(CARD). Mr. Colbert first explained that a CAFO
is a feeding operation that is considered a point
source under the Clean Water Act (CWA). Mr.
Colbert stated that a key factor in determining
whether a feeding operation is a CAFO is the size
of the operation. For example, a facility with more
than 1,000 animal units would generally be a
CAFO, he said. Mr. Colbert continued by
explaining that animal units are defined by the
volume of waste generated; for example, he said,
a cow produces more waste than a hog. Mr.
Colbert stated that, under the CWA, point sources
are subject to the National Pollutant Discharge
Elimination System (NPDES). CAFOs, he
continued, are not allowed to discharge wastes to
surface waters, except during a 25-year, 24-hour
event; therefore, CAFOs have lagoons or pits to
store or treat waste until it is spread on fields, he
said. A permit is required if CAFOs discharge
waste in non-25 year, 24 hour events.
Mr. Colbert stated that, for the past 25 years, EPA
has concentrated on industrial rather than
agricultural releases; however, he noted, the
focus is changing. EPA has begun to recognize
agricultural operations as a source of impairment
of water, he added. Mr. Cole then observed that
excessive levels of nutrients in surface water,
outbreaks of disease, and air contamination are
linked to the operations of CAFOs. He added
that, because of the number of CAFOs in
operation, EPA was planning to apply a set of
criteria in determining where and when to inspect.
The criteria includes: -risk; "complaints"; and
environmental justice concerns. ,Mr. Colbert
stated that, federal inspection and enforcement
activity is increasing. Also, some states are
enforcing regulations and some are .not, he
added. Further, if there are emergency situations,
statutes governing imminent and substantial
endangerment can be implemented to control the
problem, he suggested. In conclusion, Mr.
Colbert informed the subcommittee that Vice
President Gore had made issues related to
discharges from CAFOs a priority for EPA to
promulgate regulations to address those issues.
Durham, North Carolina, December 9, 1997
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Mr. Cole then asked when the regulations would
be completed. Mr. Colbert replied that a final
draft would be ready in the year 2001. Mr. Ray
stated that point sources are not the only problem,
but that non-point source pollution also occurs
because manure spreads. Mr. Colbert then
added that small operations also can cause
problems because manure also is spread at such
facilities.
Mr. Drury asked whether lagoons provide
effective treatment for the discharge. Mr. Colbert
replied that, lagoons are generally used to reduce
nitrogen, but that the process is not effective in
reducing phosphorous. In addition, in some
places the goal of containment is to minimize
nitrogen treatment to maximize fertilizer value, he
said. Mr. Drury suggested that EPA encourage
community groups to use citizens lawsuits to help
enforce regulations. Mr. Colbert added that EPA
should use the community as its "eyes and ears"
because it is difficult for the agency to detect
releases.
V
Mr. Harris stated that approximately 70 percent of
CAFOs have no NPDES permits because they
claim that they do not discharge. Further, 30
percent of CAFOs have leaking lagoons, and
mapping efforts show most of those facilities are
located in environmental justice communities.
Referring the members of the subcommittee to a
memorandum he had written on CAFOs, Mr.
Harris stated that some states ignore NPDES
requirements under the CWA. He then urged Mr.
Colbert to involve the public in the enforcement
effort. Ms. Mood stated that the issue is not solely
an environmental one; it is, she said, an issue of
quality of life, adding that many complaints she
receives cite the objectionable odor of CAFO
operations. Mr. Colbert stated that there will be a
period for public comment on the regulations and
urged the members of the subcommittee to
review and comment on them.
4.3 Title VI of the Civil Rights Act
Mr. William Early and Mr. Kevin Parikh, EPA
Office of Civil Rights (OCR), discussed with the
members of the subcommittee the progress EPA
had made in addressing claims the agency had
'received of violations under Title VI of the Civil
Rights Act of 1964 and the effort that remains to
be'undertaken in that area. Mr. Early described
Title VI as a means of preventing discrimination
based on race, religion, or national origin in any
programs of the federal government, including
those that fund environmental efforts. A recipient
of federal funding is defined as any person or
organization to whom federal assistance is
directed, he added. Mr. Early explained that EPA
had formed a task force on Title VI to accomplish
two objectives: resolve administrative cases and
develop guidance on Title VI. Mr. Early stated
that EPA based development of the guidance on
the nature of the complaints of violations of Title
VI that OCR currently was reviewing. The
guidance, he said, is intended to help avoid future
claims against states. Mr. Early informed the
members of the subcommittee that the guidance
had been drafted and sent to the U.S. Department
of Justice (DOJ) for review. He stated that EPA
would incorporate changes in light of DOJ's
comments and that he anticipated that the draft
guidance on Title VI would be completed by
February 1, 1998. It then would be made
available to the public for review, he added.
Ms. Debra Ramirez, Mossville Environmental
Action Now, a member of the audience, asked
what steps her community could take to hold EPA
Region 6 accountable for violations under Title VI.
Mr. Early replied that two forums are available to
address complaints under Title VI: filing of an
administrative complaint with EPA OCR or filing
of a complaint in court. Ms. Ramirez then read a
letter to the subcommittee that described 296
accidental releases from three facilities in her
community. She stated that residents of her
community should fae relocated to a more
environmentally safe neighborhood. Mr. Ray
expressed his sympathy and requested that a
representative of EPA Region 6 address Ms.
Ramirez's concerns. Mr. Samuel Coleman, EPA
Region 6, then responded that the EPA Region 6
office was investigating the releases. He stated
further that the companies located in, the
Mossville community are under review for
possible violations of both the Resource
Conservation and Recovery Act (RCRA) and the,
Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA).
When Ms. Ramirez asked whether she can file a
Title VI complaint, Mr. Early suggested that she
file an administrative complaint. Ms. Beth Zilbert,
Greenpeace, stated that the statute of limitations
may have been exceeded in that case. Mr. Early
then suggested that reissuance of a permit or a
permit modification can "trigger" a Title VI
complaint.
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Ms. Shepard asked whether a deadline had been
established for filing a complaint after a
discriminatory act had taken place. Mr. Early
replied that the deadline is 180 days for filing an
administrative complaint. However, he explained,
OCR can waive that requirement for good cause.
Ms. Shepard asked what position EPA takes in
cases in which the issuance of the permit is in
itself a discriminatory act. Mr. Early replied that
the permit must be final and that notification of
issuance of a final permit would have been
advertised in newspapers and through public
notices.
Ms. Mood asked whether the outcome of a Title
VI claim would influence the federal government
to refuse to provide funds, such as grants,
contracts, and matching funds. Mr. Early replied
that a recipient of funding could rebut a complaint,
mitigate adverse effects, or proceed in a way that
is not discriminatory, and therefore retain funding.
In response to a question from Ms. Mood, Mr.
Early stated that the best way EPA and the state
can help communities is to set forth preventative
measures so that Title VI issues can be identified
. before they occur.
Mr. Cole reminded Mr. Early that he had stated
earlier that EPA's Title VI task force had two
objectives, to set forth guidance and to address
administrative complaints. He asked Mr. Early to
discuss the status of such complaints and
suggested that the agency examine enforcement
issues related to the complaints. Mr. Early stated
in response that cases are proceeding. Mr. Cole
directed to Mr. Parikh several questions about the
number of administrative cases that have been
resolved, the number, of attorneys handling the
cases, and what Mr. Cole characterized as the
failure of EPA to provide administrative support
for pursuit of the cases. Mr. Parikh stated that no
Title VI cases had been resolved, that two OCR
attorneys are handling the cases, and that there
is no Title VI administrative support staff.
4.4 Update on the Activities of the EPA
Region 3 Criminal Investigation Division
Mr. James Thompson, EPA Region 3 Criminal
Investigation Division (CID), discussed
environmental justice concerns at CID. Mr.
Thompson reviewed the history of CID, stating
that the division had been formed in 1982.
Today, he reported, the division has 200 agents
who investigate criminal violations^ of federal
. environmental statutes. Half of the'cases that
CID investigates are "midnight dumping" cases in
which violations of regulations under RCRA are
alleged, he said. Mr. Thompson then explained
that, when the division receives a case, the
investigator uses a general information sheet to
determine whether the site is located in an
environmental justice community, stating that
approximately 29 percent of all CID cases are
located in such communities. When Mr. Cole
asked why a CID investigator would be called into
such cases rather than the Federal Bureau of
Investigation (FBI) or the police, Mr. Thompson
replied that CID is called when there is intent to
pollute. Ms. Shepard asked what forms of
punishments had been levied against dry
cleaners who had been found guilty of such
intentional pollution. Mr. Thompson stated that
fines or prison sentences can be imposed. Mr.
Ray then commended the CID for the "excellent
job" that it had done. He also commended Mr.
Earl Devany, chief of the division, for ensuring the
diversity of the staff of CID.
4.5 Federal Authorities Related to Imminent
and Substantial Endangerment
Ms. Ann Bailey, EPA Office of Regulatory
Enforcement (ORE), gave a presentation to the
members of the subcommittee on federal
authorities related to imminent and substantial
endangerment. She first defined imminent and
substantial endangerment (Exhibit 3-5 provides
those definitions),, stating that EPA has access to
several authorities that allow the agency to
intervene if there is danger or risk of danger to a
population that could cause or has caused
adverse health effects.
Exhibit 3-5
DEFINITIONS OF THE TERMS
ENDANGERMENT, IMMINENT,
AND SUBSTANTIAL
Endangerment:
Imminent:
Substantial:
Not necessarily actual harm,
but a threatened or potential
harm exists; a risk of harm
suffices.
Conditions that give rise to an
endangerment are present,
even though the actual harm
may not be realized for years.
There is reasonable cause for
concern that someone or
something may be exposed to
a risk or harm; risk need not
be quantified.
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EPA is nqt required to show actual harm to health
or the environment to use such authorities. Ms.
BaHey continued, although a case is stronger if
such data are available. She explained that there
are several classes of authorities related to
Imminent and substantial endangerment (several
are highlighted in Exhibit 3-6). Ms. Shepard
speculated whether such authorities could be
applied to protect workers. Ms. Mood asked
whether the authorities could be used in cases of
complaints about odors. Ms. Bailey replied that to
her knowledge, that approach had not been
attempted.
Exhibit 3-6
CLASSES OF IMMINENT AND
SUBSTANTIAL ENDANGERMENT
• CERCLA Section 106 - EPA may use
authorities under this section when it finds
that there may be an imminent and
substantial endangennent to public health or
welfare.
• - RCRA Section 7003 - EPA may use
authorities under this section to address
situations in which the handling, storage,
treatment, transportation; or disposal of any
solid waste presents imminent or substantial
endangerment to public health or welfare
under this section.
• SWDA Section 1431 - EPA may use
authorities under this section when it finds
that a contaminant is present in drinking
water or is likely to enter a public drinking-
water system.
• CAA Section 112(r)(9) - EPA can use
authorities under this section when there is
an actual or threatened accidental release of a
regulated substance.
• * CWA Section 504 - EPA can use authorities
under this section when there is evidence that
a source of pollution or combination of
sources causes imminent or substantial
endangerment to public health and welfare.
4.6 Public Participation in the RCRA
Corrective Action Program
Ms. Rose Harvell and Ms. Linda Boornazian, EPA
Office of Site Remediation (OSRE), briefed the
Enforcement Subcommittee on the proposed
public participation section of the RCRA
Corrective Action Program. Ms. Harvell gave an
overview of the Advance Notice of Proposed
Rulemaking (ANPM), published in the Federal
Register, that presents EPA's strategy governing
the corrective action program. She explained that
the RCRA corrective action program is the
counterpart of the other hazardous waste cleanup
program, commonly known as Superfund. Ms.
Harvell expressed the importance for the agency
to receive comments from environmental justice
and community organization leaders on proposed
changes to the legislation. She urged the
members of the subcommittee to submit
comments on the proposed rulemaking to ensure
that community concerns are considered by the
agency.
Ms. Boornazian emphasized the importance of
written comments by reading examples of
industry representative comments on the
proposed Superfund State Voluntary Cleanup
Program (VCP) guidance ~ for example,
"community input slows down the cleanup
process." Ms. Harris stated that there is. a
problem with these types of attitudes. Ms.
Boornazian agreed, but added that EPA had
received a number of such comments with
virtually no comments from environmental justice
or community organizations. EPA received one
written comment from a community organization
regarding the Superfund State VCP guidance,
she added. Mr. Harris then suggested that a
communication strategy be developed to obtain
comments, suggesting that telephone calls to
community members be included in such
strategy. Ms. Harvell stated that, in the case of
the VCP guidance, she relied on the members of
the subcommittee to submit comments as
representatives of their community organizations.
Mr. Drury reminded EPA that many community
groups do not read the Federal Register. He
suggested that the distribution of a summary of
the guidance to community representatives would
be a better approach to soliciting their comments.
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Ms! Boornazian then continued the presentation
by outlining the current requirement for public
participation in the corrective action program
under RCRA:
Inform the community when the agency first
becomes involved in a cleanup
Inform the community during the remedy
selection process
• Inform the community when the agency
determines the cleanup has been completed
She then proposed the question to the
subcommittee as to whether the current
requirement, as outlined, was an appropriate level
of public participation or if there was a need for
additional community involvement?
Ms. Shepard expressed her frustration at the
number of publications on public participation that
.have been produced by EPA; however, it appears
that none had been incorporated into the public
participation section of the RCRA corrective
action program. Ms. Harvell stated that OSRE
realizes, through lessons learned, that there is a
need to revisit their community outreach strategy.
She then asked Mr. Ray if members of the
subcommittee could be available to comment on
the proposed public participation rule. Mr. Harris
stated that he would be available to comment on
the draft guidance. Ms. Mood and Ms. Harris
volunteered to work with Ms. Harvell. Ms. Harvell
agreed to distribute copies of the proposed rule
and suggested that a conference call be held in
mid-January 1998. Additionally, it was suggested
that a member of the Public Participation and
Accountability Subcommittee also be asked to
comment on the rule.
5.0 SUMMARY OF PUBLIC DIALOGUE
The section below summarizes the discussion of
environmental justice issues in the community of
St. James Parish, Louisiana that was presented
to the subcommittee when Mr. Ray opened the
floor to public dialogue.
5.1 St. James Parish, Louisiana
Mr. Damu Smith, Greenpeace, began his
comments by thanking the members of the
Enforcement Subcommittee for their support. As
a result of the resolution by the NEJAC at the May
1997 meeting, the Administrator of EPA had
taken into consideration pertinent environmental
justice concerns and the cumulative effects of
industries on the community of St. James Parish,
Louisiana'. On September 10, 1997, the
Administrator had rejected Shintech's application
for an air permit under Title V because it did not
address all the technical issues required, Mr.
Smith reported. However, he added, the agency
had not found strong evidence of adverse health
effects on the local communities that would
support a halt in the construction of the Shintech
facility. Therefore, he pointed out it is still
possible that Shintech will build the facility in St.
James Parish. Mr. Smith urged the members of
the subcommittee to continue to track the
Shintech case and support the community of St.
James Parish.
6.0 RESOLUTIONS
This section summarizes the resolutions
discussed by the Enforcement Subcommittee and
forwarded to the_Executive Council of the NEJAC
for consideration.
The members discussed a resolution in which the
NEJAC requests that EPA develop policy to
ensure that claims of violations under Title VI are
addressed in a timely fashion and tracked
publicly. The resolution was forwarded to the
Executive Council of - the NEJAC for
consideration. . .
The members discussed a resolution in which the
NEJAC requests that EPA conduct an analysis of
existing air pollution trading programs to
determine if the programs have created or
perpetuated toxic "hot spots" in environmental
justice communities.
The members discussed a resolution in which the
NEJAC requests that EPA consider revising its
paniculate matter air quality standards to prohibit
the use of spatial averaging, unless EPA has
demonstrated that spatial averaging will not have
discriminatory effects on environmental justice
communities. The resolution was forwarded to
the Executive Council of the NEJAC for
consideration.
The members also drafted a letter to. the EPA
Administrator about Enforcement Resolution Nos.
6 and 7 on trading of air emissions credits that
had been adopted by the NEJAC. The letter
recommends that EPA reconsider improvement
measures outlined in the resolutions and requests
that the EPA Administrator and the Assistant
Administrator for OAR attend a meeting of the '
Work Group on the Open-Market Trading of Air
Emissions Credits of the Enforcement
Subcommittee. The letter was forwarded to the
Executive Council of the ' NEJAC for
consideration.
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JMEETING SUMMARY
of the
HEALTH AND RESEARCH SUBCOMMITTEE
of the
NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
December 9,1997
Durham, North Carolina
Meeting Summary Accepted By:
Lawrence Martin
Co-Designated Federal Official
Mary Engjysh
Chair
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CHAPTER FOUR
MEETING OF THE
HEALTH AND RESEARCH SUBCOMMITTEE
1.0 INTRODUCTION
The Health and Research Subcommittee of the
National Environmental Justice Advisory Council
(NEJAC) conducted a one-day meeting on
Tuesday, December 9,1997, during a three-day
meeting of the NEJAC in Durham, North Carolina,
Ms. Mary English, University of Tennessee
Energy, Environment, and Resources Center,
continues to serve as chair of the subcommittee.
Mr. Lawrence Martin, U.S. Environmental
Protection Agency (EPA) Office of Research and
Development (ORD), and Ms. Carol Christensen,
EPA Office of Pollution Prevention and Toxics
(OPPT), continue to serve as the co-Designated
Federal Officials (DFO) for the subcommittee.
Exhibit 4-1 presents a list of the members who
attended the meeting and identifies those
members who were unable to attend.
This chapter, which provides a summary of the
deliberations of the Health and Research
Subcommittee, is organized, in five sections,
including this Introduction. Section 2.0, Remarks,
summarizes the opening remarks of the chair.
Section 3.0, Activities of the Subcommittee,
summarizes discussions of the activities of the
subcommittee: an examination of administrative
procedures of the subcommittee; a review of
initiatives related to the protection of children's
health; and a review of a study about lead-based
paint. Section 4.0, Presentations and Reports,
presents an overview of each presentation and
report, as well as a summary of the questions and.
comments of the members of the subcommittee.
Section 5.0, Resolutions and Significant Action
Items, presents the resolutions forwarded to the
Executive Council of the NEJAC and the
significant action items adopted by the
subcommittee.
2.0 REMARKS
Ms. English opened the meeting by welcoming
the members. She then introduced Mr. Don
Aragon, Wind River Environmental Quality
Commission for the Shoshone arid Northern
Arapaho Tribes; Mr. Michael DiBartoIomeis,
California Office of Environmental Health Hazard
Assessment; and Mr. Carlos Porras, Communities
for a Better Environment, three of the five new
members of the subcommittee. Exhibit 4-2 briefly
Exhibit 4-1
HEALTH AND RESEARCH
SUBCOMMITTEE
List of Members
Who Attended the Meeting
December 9,1997
Ms. Mary English, Chair
.Ms. Carol Christensen, co-DFO
Mr. Lawrence Martin, co-DFO
Mr. Don Aragon*
Mr. Douglas Brugge ,
Mr. Michael DiBartoIomeis*
Ms. Rosa Franklin
Mr. PennLoh
Mr. Andrew McBride
Ms. Marinelle Payton
Mr. Carlos Porras*
Ms. Margaret Williams
List of Members
Who Were Unable To Attend
Mr. Eugene Peters*
Mr. R. Lewis Shaw*
* New member of the subcommittee
I
introduces the three new members of the
subcommittee who were in attendance.
3.0 ACTIVITIES OF THE SUBCOMMITTEE
This section discusses the activities of the
subcommittee: examination of administrative
procedures of the subcommittee, consideration of
initiatives related to the protection of children's
health, and review of a study about lead-based
paint.
3.1 Administrative Procedures of the
Subcommittee
Ms. English began the discussion of the
development of administrative procedures that
will enable the subcommittee to achieve its goals
effectively by requesting that each member
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Exhibit 4-2
NEW MEMBERS OF THE SUBCOMMITTEE
Mr. Don Aragon, executive director of the Wind River Environmental Quality Commission (WREQC) for the
Shoshone and Northern Arapaho Tribes, stated that he is responsible for the administration and management of
the programs and development of operations and procedures of the WREQC. Mr. Aragon started his career
related to environmental management as the business manager of the Wind River Indian Reservation in 1989
and assumed his current position in 1991. He has worked for different tribal governments for the past 20 years.
Before working in management for Indian tribes, Mr. Aragon worked for 15 years as a medical technologist.
Mr. Michael DiBartolomeis, California Office of Environmental Health Hazard Assessment, explained that
he had been nominated to serve on the Health and Research Subcommittee in part because of his involvement
in the U.S. Environmental Protection Agency's (EPA) Forum on State and Tribal Toxics Action (FOSTTA).
He noted that he is interested in raising awareness on the part of the states of the principles of environmental
justice and the issues that involve those principles. AS a member of FOSTTA, he helped establish
environmental justice working groups, dedicated to sharing information and views on environmental justice.
Mr. DiBartolomeis also is interested in enhancing research and methods for assessing inequitable exposures to
hazardous materials in residences and the workplace; identifying subpopulations that have greater
susceptibility; and addressing concerns related to cumulative exposure.
Mr. Carlos Porras, Communities for a Better Environment, explained that, as a member of the Health and
Research Subcommittee, he will be an advocate for community-based research and partnership grants from
funding sources to create more collaborative relationships between institutional and academic health
researchers and communities of color. Communities for a Better Environment, he said, has developed
successful partnerships with the University of California at Los Angeles (UCLA) and local health care
providers.
identify what he or she can do to help the
subcommittee achieve its goals. After some
discussion, she suggested that each member
take the following actions to help achieve the
goals of the subcommittee:
• Attend the semiannual meetings of the
NEJAC and focus on gathering information
about communities and government agencies
• Participate in the monthly conference calls of
the subcommittee
• Review draft reports and guidance prepared
by EPA
• Assist EPA in understanding how to leverage
available resources among agencies
Identify data gaps in reports and studies
written by EPA
Review risk assessment topics
Mr. Andrew McBride, City of Stamford,
Connecticut, HeaftH Department, added that he
believes the meetings of the subcommittee
should focus on developing resolutions to be .
forwarded to the Executive Council. Mr. Douglas
Brugge, Tufts University School of Medicine,
stated that monthly conference calls of the
subcommittee expedite th,e process of preparing
resolutions.
3.2 Initiatives Related to the Protection of
Children's Health
The subcommittee discussed several issues
related to the protection of children's health to
identify topics that should be the focus of the
subcommittee's consideration of this topic. The
members agreed on the following actions:
Identify the mission of EPA's Office of
Children's Health Protection (OCHP) and
explore the ways in which the office will
influence the overall mission of EPA related
environmental health and children.
petermine. how the Health and Research
Subcommittee can assist OCHP in achieving
its goals
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, • Determine to what extent the efforts of OCHP
are directed by legislative requirements and
explore ways in which OCHP can address the
fact that children's health is not directly
subject to regulation
•• Determine how EPA and other agencies,
such as the National Institute of
Environmental Health Sciences (NIEHS), can
coordinate their efforts to address issues that
affect children's health
• Explore the health effects of lead poisoning
, and poor air.quality in both homes and
schools
V Explore ways to assist EPA to maintain-a
focus on public health issues
Explore ways to target women of childbearing
age and enable them to take steps both
before and during pregnancy to protect the
fetus • .
Explore the effects on children's health of the
targeting by tobacco industry of sales toward
children
3.3 Lead-Based Paint Study
Mr. McBride led a brief discussion of a study of
lead-based paint conducted by EPA OPPT,
"Lead-Based Paint Abatement, Repair, and
Maintenance Study in Baltimore: Findings Based
on the First Year Follow-Up." Ms. Christensen
explained that the study had been devised to
evaluate interim measures to prevent lead
poisoning in homes. Mr. McBride stated that the
study is an inadequate source of information to
support development by EPA of policies related to
lead, because the study "was not health-based."
Mr. McBride then stated that he also believes
there are ethical and scientific issues of concern
related to the collection of data used to conduct
the study. Mr. Porras commented that, if in
conducting the study, researchers allowed the
poisoning of children to continue, questions
should be raised about the moral and ethical
implications of the researchers' action. Ms.
English suggested that the subcommittee form a
work group after members have had the
opportunity to review Ihe study. She also
suggested that the criteria be used to evaluate the
study should include technical validity,
interpretation of results, policy implications, and
ethical concerns. Ms. Christensen stated that she
would like the members of the subcommittee to
participate in a conference call to discuss their
concerns about the study and OPPT then will
provide a written response to the concerns, which
will be included in the meeting materials for the
next meeting.
4.0 PRESENTATIONS AND REPORTS
This section summarizes the presentations made
and reports submitted to the Health and Research
Subcommittee.
4.1 Office of Pollution Prevention and Toxics
Ms. Christensen presented excerpts from the
OPPT Annual Report for fiscal year 1996. Ms.
Christensen stated that OPPT is interested in
learning about the subcommittee's perspectives,
and opinions on how consideration of
environmental justice has been implemented in
the program activities of OPPT.- She then
explained that OPPT is anxious to learn whether
the. subcommittee can identify ways in which
OPPT can better incorporate environmental
justice into the programs described in the annual
report. Ms. Christensen identified seven key
projects .included in OPPT's activities for the
subcommittee to discuss. The members
proceeded with a discussion of the seven
projects, as described below.
Environmental Accounting Project
Ms. Christensen explained that, by working with
industry, EPA provides businesses with
information about the costs and benefits of using
pollution prevention measures as a business tool.
Ms. English stated that the Environmental
Accounting Project provides only an aggregated
summary of issues related to pollution prevention.
Factors such as toxicity, volumes, and receptors
that will be affected by the emissions must be
considered, she added. Mr. Aragon stated that
the Environmental Accounting Project should be
expanded to include social accounting. Agreeing,
Mr. Porras added that inclusion" of social
accounting in the project would allow evaluation
of the health of populations exposed to pollution.
The costs of adverse effects on health are not
considered in the traditional cost and benefit
analysis of pollution prevention, Mr. Porras
concluded.
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Environmental Justice Through Pollution
Prevention Grants
Ml „ • , '
Ms. Christensen stated that with the
Environmental Justice Through Pollution
Prevention Grants program, OPPT is attempting
to reduce environmental risks by competitively
funding pollution prevention activities in
disadvahtaged and minority communities. Mr.
Penn Loh, Alternatives for Community and
Environment, stated that, when the pollution
prevention grants are awarded, recipients should
be instructed to focus their efforts on evaluating
clusters of industries in an area, such as gas
stations, autobody shops, and dry cleaners. Mr.
Brugge and Ms. Rosa Franklin, Washington State
Senate, agreed. Mr. Brugge stated that the
criteria for awarding the grants should be defined
clearly in the application materials.
Pollution Prevention Incentives for States
Ms. Christensen explained that OPPT is funding
and supporting several projects to encourage
state and local governments to implement
pollution prevention activities in both public and
private sectors of their communities.
Mr. Brugge commented that state and local
governments should be required to document
how funds are used and whether the grants are
used to support activities that have substantial
environmental justice elements. Ms. English
agreed and concluded that OPPT also should
publish a list of recipients.
ii ' ' • • 'I, ,, ' ' .!
Project XL
Ms. Christensen explained that Project XL allows
responsible companies and other regulated
parties the flexibility to replace the requirements
of the current system with their own alternative
strategies to achieve better bottom-line
environmental results. Project XL, she continued,
provides companies an opportunity to
demonstrate that they can achieve better bottom-
line environmental results than are possible under
current regulatory restraints.
Mr. Porras stated that he believes regulatory
flexibility is synonymous with deregulation.
Agreeing that regulatory flexibility appears to
mean deregulation, Ms. Franklin asked whether
data were available to support the notion that
•"things ' are better." Mr. McBride stated his
disapproval of Project XL and asked whose
advice EPA solicits before allowing a company to
implement alternative strategies. Ms. Christensen
replied that EPA relies on comments from all
interested parties. Ms. English then observed that
because Project XL has broad implications, it
should be considered by all subcommittees.
Design for the Environment: Dry Cleaning Project
Ms. Christensen stated that the dry cleaning
industry is developing safer ways of cleaning
clothes that use less toxic chemicals than
traditional dry cleaning solutions. Mr. Brugge
stated that the cost of converting "mom and pop"
shops to environmentally sound operations could
be "astronomical." This issue, above all others,
could be a prohibitive one, he said.
Use and Exposure Information Project
Ms. Christensen explained that chemical
manufacturers have cooperated with the federal
government by voluntarily providing use and
exposure data. Under the Use and Exposure
Information Project, she continued, industry for
the first time has agreed voluntarily to provide
OPPT with detailed data about use and exposure
of chemicals at facilities.
Ms. Marinelle Payton, Harvard Medical School,
commented that communities affected by
exposure to pollutants released by an industry
should be involved in the Use and Exposure
Information Project. Mr. DiBartolomeis agreed,
adding that emergency response to spills and
releases may be obstructed if chemical data are
not accessible to the public or local agencies,
such as fire departments.
Toxics Release Inventory Program
Ms. Christensen explained that the toxics release
inventory (TRI) is a database that provides
information-to the public about releases into the
environment of toxic chemicals generated by
manufacturing facilities. The TRI database is
updated yearly, she explained.
Ms. English asked whether information was
available to document the barriers low-income
communities have experienced in their past
efforts to use the TRI database. She stated that
citizens can use the information in the TRI
database to support their concerns about
industries coming into their communities when
they call such concerns to the attention of federal-,
state, or local governments.
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4.2 Chemical Indexing System
Ms. Debra Forman, EPA Region 3, and Ms.
Amina Wilkins, EPA ORD, made a presentation to
the subcommittee on EPA's new multimedia
indexing system (M-MIS). Ms. Wilkins explained
that M-MIS is a screening methodology and
computer-based program used to rank facilities
and geographical areas on the basis of releases
of contaminants, the toxicity of such releases, and
potential exposure of vulnerable populations to
those releases. The potential applications of M-
MIS, Ms. Wilkins continued, include targeting of
pollution prevention efforts; performance of
comparative risk analyses, environmental justice
analyses, and trends analyses; and identification
of measurements of success.
Ms. Forman provided a demonstration of M-MIS,
using the ArcView Geographical Information
System (GIS) software package. She explained
that M-MIS is a screening model used to screen
-potential risk posed by stack emissions at
facilities at which releases of toxics substances
occur. Ms. Forman stated that the screening
model evaluates toxicity, carcinogenity,-and point
of emission. In conclusion, she said that the
screening model evaluates characteristics of
populations that indicate vulnerability, such as
income level and race. Such characteristics, she
added, can help identify environmental justice
communities.
Mr. DiBartolomeis stated that the screening model
does not address environmental justice
adequately and observed that he suspects
industry will use it to bar the community from
participation in decision-making processes.
Several members of the subcommittee
commented on other potential issues related to
M-MIS which include:
Accuracy and completeness of the data used
Possibility of the results communicating either
a false low or high picture of risk in
communities
l.
Mr. Loh then asked how EPA plans to use the
screening -model. Ms. Forman explained that
EPA Region 3 will use the screening model as a
program support tool for targeting facilities located
in environmental justice communities.
Ms. English asked whether the screening model
. had been designed specifically for use by EPA;
would the general public have access to the
model through the Internet, she asked further.
Ms. Forman explained that the model currently is
under development; however, she added, it
eventually will be accessible to the general public
through the Internet. ,
Ms. Forman then asked the members of the
subcommittee to provide comments on the
screening model while it is in the preliminary
phases of development. In particular, she
.requested their views about how the model could
be modified to reach a broader audience. Mr.
McBride stated that the screening model is not
needed to identify environmental justice
communities. The screening model can be used
as an environmental justice tool, Mr: McBride
explained, only if the community is able to use it.
Ms. Franklin stated that the screening model
should be a general tool the community could use
. as a form of education. Mr. Porras stated that the.
screening model is a good topi on a global policy
level. It will force people to think about the policy
priorities and recognition . of vulnerable
communities, he observed.
4.3 Office of Children's Health Protection
Ms. Ramona Trovato, Director for EPA OCHP,
made a presentation to the subcommittee on
EPA's efforts in the protection of children's health.
Ms. Trovato informed the subcommittee that
OCHP had been established in May 1997 to
provide focus on and be a catalyst for the
protection of children's health. The mission of
OCHP, she continued, is to ensure that the
protection of children's health is a fundamental
goal of public health and environmental protection
in the United States. She then'explained that
OCHP's function is to ensure that EPA consider
children in every effort the agency undertakes.
Ms. Trovato summarized the following points
which she said are outlined in OCHP's strategic
plan:
Ensure that the health standards applied by
EPA are protective of children, beginning with
a review of five of the most significant current
EPA standards, and subsequently estab-
lishing procedures for review of standards as
they are developed.
• Coordinate approaches to children's health
issues throughout the agency by establishing
a new EPA Board on Children's Environ-
mental Health that will ensure integration of
those issues into EPA activities that affect
children and by working with the agency's
Durham, North Carolina, December 9, 1997
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National Environmental Justice Advisory Council
Science Policy Council, Regulatory Policy
Council, and program and regional offices to
coordinate regulatory and other actions that
affect children's health.
• Conduct research needed to establish new
policies on children's susceptibility and
exposure to pollutants to ensure EPA uses
the best information available in developing
protective measures for children. EPA will
develop new, comprehensive policies that
address the cumulative and simultaneous
exposure of children to environmental health
threats and will develop an agenda for
research on environmental health issues
having particular effects on children.
Mr. Porras asked whether OCHP had considered
how it will integrate consideration of
environmental justice into its research and
outreach activities. Ms. Trovato responded that
EPA had created a federal advisory committee,
the Children's Health Protection Advisory
Committee (CHPAC), to advise the EPA
administrator ori such matters. Ms. Margaret
Williams, Citizens Against Toxic Exposure,
inquired whether the community would be
involved in the activities and deliberations of
CHPAC. Ms. Trovato replied that work groups
are being established to encourage community
participation in that process.
4.3 Transnational Research Programs
Mr. Allen Dearry, NIEHS, made a presentation on
transnational research programs. He stated that
NIEHS had developed four transnational research
programs:
• Center for Community Outreach Educational
Program: a program implemented at the
University of Arizona under which students of
color participate in a summer research
program.
• K-12 Environmental Health Science Ed-
ucation: a program under which instructional
material was developed to enhance an
understanding of the environmental issues on
the part of both teachers and students.
Environmental Justice — Partnerships for
Communication: a program that fosters com-
munication by encouraging community out-
reach, training, and education, and linking the
community with health care providers.
• Community-Based Prevention and Interven-
tion Research: a program that promotes
advance design of prevention and inter-
vention methods through the development of
community-based public health and research
approaches.
Ms. English inquired whether the transnational
research programs had been evaluated by a third-
party organization. Mr. Dearry replied that each
program has an evaluation component. Mr.
McBride commended NIEHS on its success in
forming effective partnerships with communities.
5.0 RESOLUTIONS AND SIGNIFICANT
ACTION ITEMS
This section summarizes the resolutions the
Health and Research subcommittee forwarded to
the Executive Council of the NEJAC for
consideration and significant action items adopted
by the Health and Research Subcommittee.
the members discussed a resolution in which the
NEJAC requests that the EPA Administrator seek
to expand funding for community-based research
and that EPA document existing cases of
community-based research. The resolution was
forwarded to the Executive Council of the NEJAC
for consideration.
The members discussed a resolution in which the
NEJAC requests that EPA establish partnerships
with various federal and tribal agencies to
develop funding for research into the health
effects of mining on Native American workers and'
communities. The resolution was forwarded to
the Executive Council of the NEJAC for
consideration. .
The members agreed to complete revisions to
Health Resolution No. 5, which acknowledges the
work of NIEHS and which was approved at the
last meeting !of the subcommittee.
The members also adopted the following action
items:
• Draft a resolution for consideration by the
Executive Council of the NEJAC in which the
NEJAC requests that EPA resolve that EPA
OCHP wili work collaboratively with NIEHS to
expand upon the work being done by NIEHS
and that OCHP's work plan strategies will
incorporate collaborative work with NIEHS on
issues of children's health. Further, the
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National Environmental Justice Advisory Council
Health and Research Subcommittee
resolution requests that EPA and NIEHS
share resources in pursuit of their work.
Encourage NIEHS and EPA to coordinate
efforts to increase funding to support the work
of NIEHS; NEJAC also recommends that
EPA provide programmatic support to those
initiatives.
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r
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MEETING SUMMARY
of the
INDIGENOUS PEOPLES SUBCOMMITTEE
of the
NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
Decembers, 1997
Durham, North Carolina
Meeting Summary Accepted By:
Daniel Gogai
Alternate Designated Federal Official
James Hill
Chair
-------
-------
CHAPTER FIVE
MEETING OF THE
INDIGENOUS PEOPLES SUBCOMMITTEE
1.0 INTRODUCTION
The Indigenous Peoples Subcommittee of the
National Environmental Justice Advisory Council
(NEJAC) conducted a one-day meeting on
Wednesday, December 9,1997, during a two-day
meeting of the Executive Council of the NEJAC in
Durham, North Carolina. Mr. James Hill, Klamath
Tribe, continues to serve as the chair of the
subcommittee. Ms. Elizabeth Bell, U.S.
Environmental Protection Agency (EPA),,
American Indian Environmental Office (AIEO) and
Designated Federal Official (DFO) of the
subcommittee, was unable to attend the meeting.
Mr. Daniel Gogal, EPA Office of Environmental
Justice (OEJ), served as the alternate DFO.
Exhibit 5-1 presents a list of the members who
attended the meeting and identifies the members
who were unable to attend.
This chapter, which provides a summary of the
deliberations of the Indigenous Peoples
.Subcommittee, is organized in five sections,
including this Introduction. Section 2.0, Remarks,
summarizes the opening remarks of the chair.
Section 3.0, Activities of the Subcommittee,
includes a review of outstanding action items and
resolutions and a summary of members'
discussion of the development of a
communications strategy for the subcommittee.
Section 4.0, Presentations and Reports,
summarizes presentations and reports the
subcommittee received on issues related to the
environmental justice concerns of indigenous
peoples. Section 5.0, Resolutions and Significant
Action Items, summarizes the resolutions
forwarded to the Executive Council of the NEJAC
for consideration and significant action items the
subcommittee adopted during its discussions.
2.0 REMARKS
Mr. Hill opened the subcommittee meeting by
welcoming the members present and the DFO
and asking whether one of the members of the
subcommittee would open the meeting with a
prayer. Ms. Astel Cavanaugh, Spirit Lake Nation,
volunteered a prayer of thanksgiving. Mr. Hill
stated that he would like to set priorities among
issues to be addressed at the current meeting.
He then introduced the new members of the
subcommittees, Ms. Christine Benally, Sansostee
Exhibit 5-1
INDIGENOUS PEOPLES
SUBCOMMITTEE
List of Members
Who Attended the Meeting
December 9,1997
Mr. James Hill, Chair
Mr. Daniel Gogal, Alternate DFO
Ms. Christine Serially -,
Mr. Dwayne Beavers
Ms. Astel Cavanaugh
Mr. George Godfrey
Mr. Brad Hamilton
Mr. Richard Monette
List of Members
Who Were Unable To Attend
Ms. Elizabeth Bell, DFO
Ms. Sarah James
Mr. Charles Stringer
Chapter of the Navajo Nation; Mr. George
Godfrey, Haskeil Indian Nations University; and
Mr. Brad Hamilton, State of Kansas. Mr. Hill
noted Ms. Sarah James, Council of Aphabascan
Tribal Government, the fourth new member of the
subcommittee, had been unable to attend the
meeting. Mr. Hill reminded the members'of the
subcommittee that Ms. James had been
appointed to the subcommittee as a tribal elder.
3.0 ACTIVITIES OF THE SUBCOMMITTEE
This section discusses the activities of the
subcommittee, which included a review of
outstanding action items and resolutions and a
discussion of the development of a
communications strategy for the subcommittee.
3.1 Review of Outstanding Action Items and
Resolutions
Mr. Hilfled a review of outstanding action items
and resolutions drafted during earlier meetings of
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Indigenous Peoples Subcommittee
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the subcommittee. The members' .deliberations
are summarized below.
Draft a mission statement for the Indigenous
Peoples Subcommittee.
Mr, Hill reminded the members of the..
subcommittee that Mr. Charles Stringer, White
Mountain Apache Tribe, had drafted a mission
statement for the subcommittee that had
undergone numerous reviews by members of the
subcommittee. He requested that the
subcommittee discuss any final comments on the
statement and then formally adopt the mission
statement Mr, Hamilton suggested that the
preamble to the mission statement identify a
relationship between tribes and states, as well as
that between tribes and the federal government.
Members of the subcommittee agreed to revise
the preamble as Mr. Hamilton had suggested.
Exhibit 5-2 presents the text of the mission
statement, as adopted by the subcommittee.
Draft letters to the EPA regional offices
expressing the subcommittee's disappointment
about the lack of representation of EPA staff,
particularly of tribal coordinators, at the May 1997
meeting of the NEJAC.
Mr. Gogal stated that letters had been sent to the
tribal coordinators at each of the EPA regional
offices, requesting their attendance at the
December 1997 meeting of the NEJAC. Ms.
Cavanaugh expressed her disappointment that
the tribal coordinator from EPA Region 8 had not
attended any of the meetings of the Indigenous
Peoples Subcommittee. Mr. Hill suggested that
the subcommittee draft a letter to forward to the
Executive Council of the NEJAC for consideration
in which the NEJAC expresses to the EPA
Administrator and the regional administrators its
continued frustration over the inadequate
representation of EPA's regional tribal
coordinators, as well as representatives of the
""AIEO, at the meetings of the Indigenous Peoples
Subcommittee. Mr. Hill noted that EPA Region 6
was the only regional office to send a tribal
coordinator to the current meeting. Ms. Benally
suggested that the letter also include the
recommendation that EPA extend invitations to
representatives of other federal agencies,
particularly the Bureau of Indian Affairs (BIA) and
Bureau of Land Management (BLM), U.S.
Department of the Interior (DOI), to attend the
meetings of the NEJAC. Several of the members
of the subcommittee agreed that, if the tribal
coordinators and representatives of AIEO were in
attendance, the subcommittee would not find it
necessary to adopt so many action items because
those individuals could answer many questions
during the meeting.
Draft a letter to the EPA Administrator urging the
agency to support youth programs similar to those
addressed by the Native Youth Alliance.
Mr. Hill reminded the members of the
subcommittee that Mr. Nathan Phillips, Native
Youth Alliance, had presented testimony at the,
December 1996 meeting of the NEJAC during a
public comment period. Mr. Hill stated that Ms.
Benally and he had agreed to draft a letter to the
EPA Administrator requesting her continued
support for programs and activities that support
Native American youth. Mr. Hill commented on
the importance of involving Native American
youths in activities that teach about culture and
the importance of caring about the future.
Members of the subcommittee agreed to forward
the letter to the Executive Council of the NEJAC
for its consideration.
Continue discussion of issues of Indian lands and
treaty obligations, especially the need for
development of environmental management
infrastructures for Native American tribes.
In the absence of Ms. Bell, Ms. Jennifer Grund,
Tetra Tech EM Inc., informed the members of the
subcommittee that the action item had its origins
in discussions the subcommittee had with the
Waste and Facility Siting Subcommittee of the
NEJAC during a joint meeting of the two
subcommittees that took place at the May 1996
meeting of the NEJAC. Mr. Hill stated that he
believes the subcommittee should take a strong
position on the issue because of its significance to
the effort to continue to build capacity for tribal
environmental programs. Mr. Richard Monette,
University of Wisconsin Law School, asked
whether AIEO or an agency at DOI had
developed any statements related to the
relationship between Indian lands and treaty
obligations. Mr. Monette commented that AIEO
should be conducting activities for tribes, such as
developing monthly notices related to
environmental issues published in the Federal
Register that could have effects in Indian country.
He continued to explain that many , tribal
environmental programs do not have sufficient
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National Environmental Justice Advisory Council
Indigenous Peoples Subcommittee
Exhibit 5-2
MISSION STATEMENT
NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
INDIGENOUS PEOPLES SUBCOMMITTEE
Preamble. In December 1995, two years after its creation, the U.S. Environmental Protection Agency's (EPA)
National Environmental Justice Advisory Council (NEJAC) created a subcommittee—the Indigenous Peoples
Subcommittee—to advise the NEJAC on environmental justice issues facing Indigenous peoples, The NEJAC
recognized that these unique issues require the specialized knowledge, experience, and expertise of the
Subcommittee because of the government-to-government relationship between the sovereign Indian tribes and
other governments, and because environmental injustices strike to the core of the cultural and political integrity
of Indigenous communities.
Indigenous communities—whether Hawaiian or Alaskan natives, federally recognized Indian tribes and their
members, urban Indigenous peoples, nori-federally recognized Indigenous communities, or Indigenous
communities across international boundaries—all belong to a community of people whose ancestors inhabited
this continent before European colonization. Since time immemorial, Indigenous peoples have lived a spiritual
ethic that is founded upon a'deeply held respect for the air, the water, the land, the plants, and the animals; an
ethic that recognizes the essential link between the health of communities and the health of the ecosystems and
cultures that sustain those communities.
Composition of the Subcommittee. Members of the Subcommittee are selected from the following groups:
elders and spiritual leaders from Indigenous communities; individuals from Indigenous communities who have
first-hand knowledge of environmental justice issues facing Indigenous peoples; members of organizations that
address environmental impacts on Indigenous communities; members of academia; representatives of federally
recognized American Indian tribal governments that assert their sovereign powers to manage, protect, and
restore, tribal ecosystems; representatives of state and local governments that govern areas neighboring
Indigenous communities; and representatives of industries that directly or indirectly impact indigenous
communities. The Subcommittee also will work closely with the Designated Federal Official who is
knowledgeable about federal environmental programs available to Indigenous peoples.
Mission. Together, members of the Subcommittee will draw upOn their collective experiences, knowledge, and
expertise to facilitate the NEJAC's formulation of recommendations and advice provided to EPA on
environmental justice policy and direction as it affects Indigenous peoples. To achieve its mission, the
Subcommittee will, at a minimum, perform the following functions:
Provide a forum for representatives of Indigenous communities, including grassroots organizations
from within those communities, to bring their environmental justice concerns to the attention of the
NEJAC and provide recommendations and advice to the NEJAC to address those concerns.
Provide recommendations and advice to the NEJAC on the development of EPA-backed legislation, as
well as Agency policy, guidance, and protocol, to help achieve environmental justice for Indigenous
peoples. .
Provide recommendations and advice to the NEJAC to ensure that environmental justice issues of
concern to Indigenous peoples are addressed by EPA in a manner that fulfills the trust responsibility,
respects tribal sovereignty and the government-to-government relationship, upholds treaties, and
promotes tribal self-determination.
Recognize that issues facing Indigenous peoples span the spectrum of issues addressed by other
NEJAC subcommittees and interface with those subcommittees to ensure that all subcommittees
address environmental justice issues of concern to Indigenous peoples in an informed manner.
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Indigenous Peoples Subcommittee
National Environmental Justice Advisory Council
resources to support daily monitoring of the
federal Register.
Mr. Hill suggested that the subcommittee develop
a resolution stating that the NEJAC recommends
that EPA investigate the lack of infrastructure that
Inabies tribes to develop their own environmental
programs, as well as their tribe's capability to
assess the environmental state of reservations
and resources. Mr. Hill also recommended that
the resolution, once drafted, be forwarded to the
Executive Council of the NEJAC at its June 1998
meeting. Ms. Cavanaugh recommended that the
subcommittee invite Mr. Tom Goldtooth,
Indigenous Environmental Network and former
member of the Waste and Facility Siting
Subcommittee, to participate in the discussions
related to the drafting of such a resolution. Mr.
Gogal agreed to schedule a conference call in
January 1998 and to invite Mr. Goldtooth to
participate in that call and in the subcommittee's
discussions of the proposed resolution.
i'ii'V " ' "''.•' M' .i, ; ij jijj, ' ; , ' .» ',, » ' :i ' ! ''• i' ,» "
Coordinate a meeting with representatives of
•EPA's Pollution Prevention Initiative, the Common
Sense Initiative, the XL program, and similar
programs to recruit them to assist the
subcommittee in creating sustainable
development programs tailored to particular
needs in Indian country.
Ms. Grund reminded the members of the
subcommittee that the action item had been
revised during an informal business meeting of
subcommittee in April 1997 in Washington, D.C.
At that time, she said, the members of the
subcommittee had agreed to draft a letter to the
EPA Administrator to request that EPA examine
10 initiatives to d|terrnine whether each initiative
has an Indian component. Mr. Gogal then stated
that, at the request of the subcommittee, he had
compiled a list of initiatives from which the
members of the subcommittee could choose
those it wished EPA to examine. Mr. Monette
stated that AIEO should conduct such reviews
regularly to ensure that EPA initiatives include
components related to Indian country, adding that
AIEO should inform the tribes of such initiatives.
He speculated that EPA program offices fail to
inform AIEO of new initiatives or revisions of
existing programs. Mr. Monette then
recommended that the subcommittee develop a
letter to the EPA Administrator that requests that
AIEO be informed of and have the opportunity to
provide comments ori EPA initiatives or activities
that affect Indian country.
Mr. Hill expressed frustration, stating that such a
letter would not be necessary if EPA and other
agencies, in developing policies, consider Indian
country from the beginning, rather than trying to
"fit" tribes in after the policy has been completed.
Mr. Godfrey recommended that the subcommittee
invite the director of AIEO to participate in the
next meeting of the subcommittee to respond to
the concerns raised by the subcommittee. Mr. Hill
agreed, stating that many of the concerns
disbussed during the meeting could have been
addressed if a representative of AIEO had been
present.
Mr. Gogal summarized the subcommittee's
discussions of the action item by stating that the
members had agreed to prepare two letters, one
to the director of AIEO asking that the director
identify for the subcommittee the role of AIEO and
how it coordinates its activities with those of the
other program offices at EPA, and another to the
EPA Administrator, requesting that AIEO be
informed of and involved in initiatives and other
activities at EPA that affect Indian country. 'Mr.
Hill added that the letter to the EPA Administrator
should-stress that tribes should be involved from
the beginning in the development of policy, not as
an afterthought.'
3.2 Development
Strategy
of a Communications
Ms. Cavanaugh led a discussion about the
development of a strategy to improve
communications between the subcommittee and
tribes. She suggested that, instead of a
traditional paper document, the subcommittee
consider developing a videotape about the
relationship between Indigenous peoples and
environmental justice. She stated that she
believes a videotape would be more effective and
could "say more than written words." By
discussing indigenous peoples and environmental
justice, the subcommittee would be informing
Native Americans how it could assist them when
they confront issues related to environmental
justice. Mr. Godfrey informed the members of the
subcommittee that Haskeli Indian Nations
University has the capability to develop scripts
and produce videotapes. Mr. Hill and other
members of the subcommittee approved of the
suggestion that the university be involved in the
production of such a videotape. Ms. Cavanaugh
and Mr. Godfrey agreed to work together to
investigate the possibility of such a project.
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National Environmental Justice Advisory Council
India
Mr. Hill also commented that he believed a
videotape could serve as a component of the
strategy to improve communications between the
subcommittee and tribes. He stated that the
strategy should reflect the principles and goals
identified in "the subcommittee's mission
statement. He also stated that indigenous
communities differ from other communities of
color because of their sovereign status.
Agreeing, Mr. Monette stated that the Indigenous
Peoples Subcommittee must be more careful
than the other subcommittees in developing
resolutions about environmental justice cases
presented to it by tribal members. It would be
unfortundte, he cautioned, to cause a situation in
which tribal governments view the subcommittee
as an organization imposing its views on them.
Mr. Dwayne Beavers, Cherokee Nation of
Oklahoma, recommended that, as part of the
communications strategy, AIEO should distribute
the subcommittee's mission statement, with a
coyer letter explaining the role of the
subcommittee in assisting in issues related to
environmental justice. Ms. Cavanaugh and Ms.
Benally also recommended that AIEO and OEJ
make available to tribal grassroots organizations
EPA publications and newsletters related to
Indian country. Ms. Benally stated that EPA
cannot rely solely on the Internet for distributing
information to tribes because many tribes to do
not have access to computers. She then asked
whether EPA maintained a list of tribal grassroots
organizations. Mr. Gogal then agreed to review
OEJ's mailing list to identify such organizations.
He also stated that he believes Mr. Goldtooth's
organization, indigenous Environmental Network,
maintains such a list.
Mr. Gogal also agreed to distribute to the
members of the subcommittee an index of
newsletters that EPA places on its home page.
Ms. Benaily stated that AIEO should create links
from its home page to other relevant publications '
available on the Internet that would be useful to
tribes.
Mr. Beavers also suggested that, as part of the
communications strategy, the subcommittee
assist AIEO in identifying information that should
be distributed to tribes. For example, he pointed
.out, EPA had awarded a grant to Americans for
Indian Opportunity to establish the Tribal
Association on Solid Waste and Emergency
Response (TASWER) to ensure the participation
of tribal governments in national decision making; .
that information should be shared with tribes, he
said. ' Exhibit 5-3 provides background
information about the organization. Mr. Beavers
explained that EPA does not forward such
valuable information to tribes in a timely manner;
therefore, the subcommittee could,recommend
that AIEO distribute appropriate information to
tribes, he suggested.
The members of the subcommittee agreed to
continue discussions of the development of a
communications strategy during a conference call
to be scheduled before the next meeting of the
NEJAC.
4.0 PRESENTATIONS AND REPORTS
This section summarizes the presentations made
and reports submitted to the Indigenous Peoples
Subcommittee.
Exhibit 5-3
THE TRIBAL ASSOCIATION ON SOLID
WASTE AND EMERGENCY RESPONSE
The U.S. Environmental Protection Agency
(EPA) Office of Solid Waste and Emergency
Response (OSWER) entered into a cooperative
agreement with Americans for Indian
Opportunity (AIO) to gather information from
tribal leaders and their representatives about the
development of a proposed association that will
institutionalize tribal government participation
by tribal governments in the EPA decision-
making process related to solid waste and
emergency response issues.
Recognizing a lack of effective government-to-
government interactive mechanisms between
EPA and tribal governments, OSWER had
searched for a way to assist tribes in establishing
a group representing tribal governments that
could function in a manner similar to that in
which the Association of State and Territorial
Solid Waste Management Officials
(ASTSWMO) functions.
Headquartered in Washington, D.C., the newly
formed association will provide a government-
to-government mechanism through which tribes
can be involved actively in the legislative
process in Congress and in EPA's regulatory
process.
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4.1 Proposed King William Reservoir, King
William County, Virginia
This section summarizes the presentations and
reports to the subcommittee about the proposed
King William Reservoir, a 1,500-acre municipal
water storage reservoir in King William County,
Virginia. Discussion of the presentations is
followed by a summary of the deliberations of the
members of the subcommittee about a resolution
on the issue to be forwarded to the Executive
Council of the NEJAC for consideration.
Mr. Thomas Roberts, Van Ness Feldman, P.C.,
and Mr. Donald Rice, Newport News Waterworks,
began the presentation with a description of the
proposed project. Exhibit 5-4 provides a
description of the proposed project. Mr. Roberts
explained that the sponsor of the project, the
Regional Raw Water Study Group (RRWSG), had
performed several studies to determine the
effects of the proposed project on the Mattaponi
Indian Tribe, which has a reservation along the
Mattaponi River. Using the results of that study,
he explained, the RRWSG identified the following
environmental justice issues:
Will the project affect the shad fishery of the
tribe in the Mattaponi River?
Will the project affect traditional cultural,
spiritual, and archeological sites of the tribe?
• Will there be a general encroachment on
traditional tribal lands, and if so, what will be
the effect of that encroachment?
Mr. Roberts explained further that the RRWSG
had worked tp identify and address any adverse
effects the King William Reservoir would have on
minority or low-income populations, in addition to
meeting the requirements of various laws and
regulations, such as those established under
Executive Order 12898 on Environmental Justice,
he stated, the RRWSG had adopted a "good
neighbor" policy toward all the people that may be
affected by the project. Mr. Roberts also informed
the members of the subcommittee that the group
had met several times with the Mattaponi Tribal
Council and that the group wished to continue
discussions witfi the tribe to reach some type of
resolution; however, he added, the city does have
a responsibility to provide water for its future
populations. Mr. Roberts also stated that EPA,
along with the U.S. Army Corps of Engineers
(USAGE), had awarded a grant to Old Dominion
Exhibit 5-4
THE PROPOSED KING WILLIAM
RESERVOIR
The King William Reservoir is a proposed 1,
500-acre municipal water storage reservoir in
King William County, Virginia. The primary
source of water for the reservoir will be the
Mattaponi River. The pump station will be
located in a tidal freshwater portion of the river,
approximately five and one-half miles upstream
of the Mattaponi Indian Reservation. The
project is designed to protect the river by
"skimming" from high flows and reducing or
ceasing withdrawals during lower flows, under a
strict minimum. The water will be stored in the
reservoir until needed and then pumped through
a pipeline to another reservoir from which it will
be withdrawn for ultimate use. The King
William Reservoir is one element of a three-part
strategy selected to meet the projected municipal
water needed of the lower peninsula area of
southeast Virginia.
University to conduct a study, which should be
pbmplete by Spring 1998, to develop a greater
understanding of the potential effects of the
project on the Mattaponi Indian Tribe.
Mr. Carl Custalow and Ms. Marie Keshick, both of
the Mattaponi Indian Tribe, explained that the
members of the Mattaponi tribe depend on the
local ecosystem, obtaining the majority of their
food supply through fishing, hunting, and
gathering. Mr. Custalow reminded the members
that he and Ms. Keshick had presented their
concerns about the proposed project to the
subcommittee'at the December 1996 meeting of
the NEJAC and that another representative of the
tribe had submitted a letter from the tribe to the
NEJAC at its May 1997 meeting. He added that
construction of a reservoir near the reservation
would flood a part of the reservation.
Mr. Custalow also explained that USAGE that had
prepared the environmental impact statement
(EIS) for the proposed project had failed to
consider the potential effects of the reservoir on
nearby tribal lands. For example, he said,
although the EIS recognized the loss of wildlife
habitat that the construction of the reservoir would
bring about, it did not examine the effect of that
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Indigenous Peoples StibcommJtte
loss on the tribe's traditional hunting and fishing
culture. He added that subsequent studies had
found that it was not necessary to build a
reservoir to ensure that water supplies would be
adequate in the future. Mr. Custalow reported
further that EPA had requested that USAGE
conduct a supplemental EIS, but that USAGE had
not yet responded to that request.
Ms. Benally asked whether BIA has been involved
in the project to protect the interests of the tribe;
Mr. Custalow responded that BIA had not been
involved because the tribe is not recognized by
the federal government; the Mattaponi Tribe is
recognized by the state of Virginia, he added. Mr.
Monette asked whether the tribe maintains a roll
of members, as well as standard criteria for
identifying members of the tribe. Mr. Custalow
stated that the tribe currently has 72 birth
members and that the majority live on the
reservation. Mr. Monette then asked why the tribe
had not claimed eminent domain as a sovereign
nation within the state and at least created a
three-mile buffer zone between the project and
the reservation. Mr. Custalow responded that he
had not known that the option existed. •
Mr. Monette then, asked Mr. Roberts whether the
city of Newport News and . the RRWSG
understand why the issues is one of
environmental justice. Mr. Roberts resppnded
that he was beginning to learn and understand
the significance of environmental justice issues
related to indigenous peoples. Mr. Monette also
asked whether the city of Newport News has
considered as a good faith offer to share a
percentage of the profits from the reservoir with
the tribe." In response, Mr. Roberts stated that
other good faith offers had been extended to the
tribe. Mr. Monette explained that the city would
not only take land away but also take a piece of
the tribe's heritage; the city should consider
sharing the profits as a continual good faith'offer
over the long term. Mr. Roberts stated that the
city is willing to explore all suggestions; however,
he pointed out, since the city does not expect to
profit from the reservoir, Mr. Monette's suggestion
might not be applicable.
Mr. Hamilton asked whether those conducting the
Old Dominion University study would contact the
Mattaponi Tribe directly and involve members of
the tribe in that assessment. Mr. Roberts stated
that he believed the study was to be conducted
jointly with members of the tribes. Ms.
Cavanaugh cautioned Mr. Roberts strongly that
nonnative organizations hired to conduct studies
of the spiritual and cultural considerations of
Native Americans must work closely with
members of the tribes to obtain accurate results.
The members agreed to forward a resolution to
the Executive Council of the NEJAC on the
environmental justice issues related to the
proposed King William Reservoir and the
Mattaponi Tribe. (See section 5.0 of this chapter
for a summary of the proposed resolution.)
4.2 Mount Shasta, California
Ms. Michelle Berditschevksy, Native Coalition for
Cultural Restoration of Mount Shasta, presented
information to the members of the subcommittee
about a proposed ski resort on Mount Shasta in
California. Exhibit 5-5 provides a description of
the cultural significance of Mount Shasta to
indigenous peoples. Ms. Berditschevsky
explained that, in March 19"94, Mount Shasta in its
entirety had been found to be eligible for inclusion
on the National Register of Historic Places, which
protects landmarks from development and other
such activities. However, she reported, because
of political pressure from commercial developers,
the keeper of the National Register at DOI had
revised the original determination of eligibility,
reducing the historic district from 150,000 acres to
19,000 acres. Ms. Berditschevsky informed the
members of the subcommittee that the reduction
in the size of the district means that Mount Shasta
below the-treeline" is again vulnerable to the
development of a ski resort and that a significant
ceremonial site, Panther Meadows, would-be
reduced to an "island surrounded by ski runs and
lifts."
Ms. Berditschevksy then stated that neither the
DOI nor the Forest Service, U.S. Department of
Agricultural (USDA), had consulted with the
Native American communities in the area of the
proposed resort. She stated that the Native
Coalition believes that the DOI and USDA have
failed to meet requirements to conduct
government-to-govemment relationships with the
tribes of the coalition. The coalition is requesting
that the NEJAC request that EPA intervene in the
matter by requesting that DOI and USDA honor
the trust responsibility and conduct meaningful
consultations with the tribes of the Native
Coalition.
Mr. Monette asked whether the keeper of the
register or any of the local counties had contacted
Durham, North Carolina, December 9, 1997
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Indigenous Peoples Subcommittee
National Environmental Justice Advisory Council
Exhibit 5-5
CULTURAL SIGNIFICANCE OF
MOUNT SHASTA TO INDIGENOUS
PEOPLES
Mount Shasta, California has held religious and
cultural significance for indigenous peoples
since time immemorial as a center, balancing the
forces of the world by uniting the energies of
heaven and earth. The mountain holds the most
prominent position in an interconnected
topography of Shasta, Pit River, Wintu, Karuk,
Okwanuchu, and Modoc tribal territories.
Over generations and into present times, Native
Americans have used specific sites on Shasta for
the training of medicine men and women, for
spiritual quests, and for healing and spiritual
guidance. On the lower slopes, plants and other
natural materials are gathered for food and for
medicinal and ceremonial use.
For more than nine years, a coalition has been
working to preserve the environmental and
cultural integrity of Mount Shasta. Participants
in the Native Coalition for the Cultural
Restoration of Mount Shasta include the Pit
River Tribe, the Shasta Nation, Resighini
Rancheria, Local Indians for Education, the
Intertribal Council of California, the California
Council of Tribal Governments, and Save
Mount Shasta.
the Native Coalition to discuss the reduction of
acreage when Mount Shasta was placed on the
National Register. Ms. Berditschevksy stated that
the keeper of the register had not held public
meetings to discuss the reduction of the area
originally determined to be a historic district. She
also explained that DOI had not consulted with
the tribes living near Mount Shasta to learn about
the "cultural and spiritual significance of the
mountain. She stated her hope that the NEJAC
would request that the EPA Administrator use her
position as chair of the Interagency Work Group
(IWG) on Environmental Justice to intervene by
recommending that DOI initiate government-to-
govemment consultations with the affected tribes.
Ms. Berditschevksy stated that the Forest Service
refuses to conduct an EIS because the agency
does not have the resources to do so.
Responding to a questions from Mr. Hill, Ms.
Berditschevksy also stated that two federally
recognized tribes participate in the Native
Coalition.
The members of the subcommittee agreed to
forward a resolution about the environmental
justice issues related to Mount Shasta to the
Executive Council of the NEJAC for
consideration. (See section 5.0 of this chapter for
a summary of the proposed resolution.)
4.3 Medicine Lake Highlands, California
Mr. Floyd Buckskin, Pit River Tribe and Native
Coalition, expressed concern to the members of
the subcommittee about several geothermal
plants proposed for development in the Medicine
Lake Highlands area of California. He explained
that the area is of greater spiritual and cultural
significance than can be expressed in an EIS.
Mr. Buckskin also explained that the area had
been a refuge in times of natural disaster and that
it supplies the needs of the tribes, which include
food, medicines, clean water, and materials for
tools and trade. The Forest Service and BLM had
issued a draft EIS for the first six leases for the
proposed plants; however, the EIS does not
consider the cumulative environmental effects of
the projects on Native American spiritual and
cultural resources, wildlife, air quality, or plants,
he continued.
Mr. Buckskin concluded his remarks by stressing
that the proposed geothermal developments
would raise levels of visual, noise, water, and air
pollution that are incompatible with age-old and
currerit uses of the area. He requested that the
NEJAC take action to prevent the exploitation of
the Medicine Lake Highlands area. Exhibit 5-6
provides a list of the actions that Mr. Buckskin
asked the NEJAC to take.
Mr. Hill asked whether EPA Region 9 had worked
with the coalition to investigate the concerns
presented by Mr. Buckskin. Mr. Hill also
expressed concern about the uneven playing field
that confront the tribes when corporations tout
geothermal power as "green energy," good for the
environment; however, he declared, such projects
are simply another way in which corporations
exploit natural resources to make money.
Mr. Willard Chin, environmental justice
coordinator for EPARegion 9, explained that EPA
had been involved in the case and had met with
the Forest Service and BLM to discuss the draft
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National Environmental Justice Advisory Council
Indigenous Peoples Subcommittee
Exhibit 5-6
ACTIONS REQUESTED
FOR THE MEDICINE LAKE
HIGHLANDS
Mr. Floyd Buckskin, Pit River Tribe, requested
that the National Environmental Justice
Advisory Council (NEJAC) take the following
actions to prevent the exploitation of the :
Medicine Lake Highlands area.
• Investigate the process that led to the award
of six leases that appear to grant the right to
commercially develop geothermal plants.
and that were awarded without consultation
with the tribes in the area. , ,
• Assist in completing a memorandum of
agreement (MOA) that includes access to
site records and maps and participation in
and monitoring of all archaeological
excavations and surveys within the ancestral
boundaries of the tribes.
• Request that the Bureau of Land
Management (BLM) and the Forest Service
use environmental justice criteria to address
the disproportionate effects the proposed
projects would have on the cultural values
of the tribes in the area.
EIS that documents issues related to
environmental justice and the concerns of the
tribes in the area.
Ms. Benally recommended that the subcommittee
develop a resolution that supports the Native
Coalition's requests related to Medicine Lake
Highlands. Mr. Hill added that the resolution
should focus on the role EPA can play in
reviewing the EIS and in ensuring that the Forest
Service and BLM consider the cultural and
, spiritual concerns of the tribes. (See section 5.0
of this chapter for a summary of the resolution.)
4.4 Proposed Inlet and Outlet for Spirit Lake,
North Dakota
Ms. Cavanaugh provided the subcommittee with
an update on the status of.the proposed inlet and
outlet for Spirit Lake, North Dakota. She
reminded the members of the subcommittee that
she had brought the issue to the attention of the
subcommittee at the December 1996 meeting of
the NEJAC. At that time, USAGE had applied for
an emergency waiver of the requirements for the
performance of an EIS under the National
Environmental Policy Act (NEPA). That waiver
would allow USAGE to proceed without consulting
with tribes and to soliciting comments from the
stakeholders affected by the project. Ms.
Cavanaugh also reminded the members that
President Clinton had approved the waiver and
that USAGE would be proceeding on the project.
Ms. Cavanaugh expressed doubt that President
Clinton is truly committed to environmental justice
because of the decision to grant the emergency
waiver. •
Ms. Cavanaugh explained that 1998 will be a
difficult year because the tribe must overcome
many legal hurdles to continue its fight against the
proposed project. She expressed her strong
support for the idea that EPA should develop and
conduct outreach that informs rural communities
about environmental justice and how they can
protect themselves against environmental
injustices. Mr. Monette asked whether Ms.
Cavanaugh wished to request any further action
on the part of the NEJAC. Ms. Cavanaugh then
requested a resolution that would support the
revocation of the emergency waiver of the
requirement for the performance of an EIS at
Spirit Lake.
The members of the subcommittee agreed to
forward a resolution to the Executive Council of
the NEJAC related to Spirit Lake. (See section
5.0 of this chapter for a summary of the proposed
resolution.)
4.5 Community-Based Environmental
" Protection Framework for EPA
Ms. Angela Nugent, EPA Office of Sustainable
Ecosystems and Communities (OSEC), explained ,
that the community-based environmental
protection (CBEP) framework is intended .to
provide EPA with a policy for 'implementing
CBEP. CBEP, she elaborated, is an EPA term for
a holistic and collaborative approach to
environmental protection that brings together
public and private stakeholders within a place or
community to identify environmental concerns, set
priorities, and forge comprehensive solutions.
Exhibit 5-7 lists the principles of CBEP, developed
by EPA. Ms. Nugent explained that, through
CBEP, EPA hopes to deliver programs that "make
Durham, North Carolina, Decembers, 1997
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"IIP1;:
1 I U| I1
Indigenous Peoples Subcommittee
National Environmental Justice Advisory Council
Exhibit 5-7
PRINCIPLES OF COMMUNITY-BASED
ENVIRONMENTAL PROTECTION
DEVELOPED BY THE
U.S. ENVIRONMENTAL PROTECTION
• AGENCY (EPA)
EPA had developed the following principles to
guide the agency in its efforts to implement
community-based environmental protection
(CBEP).
• Focus on a definable geographic area
• Work collaboratively with a full range of.
stakeholders through effective partnerships
* Assess, protect, and restore the quality of
the air, water, land, and living resources in a
place as a whole
Promote sustainable communities by
integrating environmental, economic, and
social objectives
• Consider public and private action for using
the most appropriate regulatory and non-
regulatory activities to forge more effective
solutions to community and regional
concerns
• Monitor and redirect efforts through
adaptive management
sense" and assist communities in building their
own capacity to address environmental issues.
Ms. Nugent also explained that CBEP will use a
multidisciplinary approach, taking into
Consideration social, economic, and
environmental needs to address and solve
issues.
Ms. Nugent also informed the subcommittee
about the availability of sustainable challenge
grants that OSEC issues every year. She
explained that applicants must include a
sustainability component in their proposals; she
then agreed to distribute a copy of the proposals
for which grants were awarded during the
previous year. Mr. Godfrey asked how many
grants had been awarded to tribes. Ms. Nugent
explained that she did not know how many tribes
had been awarded grants, stating that the EPA
Office of Air and Radiation is responsible for
awarding the grants.
In response to concerns expressed by several
members of the subcommittee about EPA's
framework, Ms. Nugent stated that EPA does not
have a comprehensive framework to address
CBEP related to tribes. Mr. Hill expressed
frustration that EPA continues to develop
programs that do not include Indian country. Ms.
Nugent recommended that the subcommittee
contact Mr. Terry Williams, the director of QSEC,
who serves as the lead for a program to develop
techniques tribes can apply to define and
document their relationship with natural
resources. Mr. Monette asked for a description of
the OSEC outreach strategy for consulting with
tribes on issues related to CBEP. Ms. Nugent
explained that OSEC does not have an outreach
strategy specific to tribes; however, she invited
the members of the subcommittee to recommend
that the NEJAC request that OSEC address such
issues. She also recommended that the
members of the subcommittee review EPA's draft
framework for CBEP and submit comments on it.
4.6 Arctic Marine Environmental Education
Project
Ms. Dona Canales, EPA Office of International
Activities (OIA) and DFO of the International
Subcommittee, briefed the subcommittee on an
OIA project on Arctic marine environmental
education. Ms. Canales explained that, under a
two-year project, OIA would develop and
implement an Arctic marine environmental
education resource guide to bring modern marine
education to a region where people traditionally
have not had access to hands-on, inquiry-based
activities focused on the marine environment.
Ms. Canales stated that the grant proposal was
developed in conjunction with the Institute of
Marine Sciences and the University of Southern
Mississippi.
Ms. Canales highlighted a few of the objectives of
the project such as the conduct of two teacher
training workshops in the Arctic region and
translation of the resource guide into the Inuit and
Aleut languages.
, Mr. Hill expressed concern that the resource
guide, which is to be used by Alaskan natives and
other indigenous peoples, is being developed by
nonnative institutions. Ms. Canales responded
that the affected communities are being asked to
contribute to the development of the guide. Ms.
Benally strongly urged that the developers of the
guide consult with the elders of the target
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National Environmental Justice Advisory Council
Indigenous Peoples Sub,
communities and that the "grandparents of the
community" be involved in the teacher workshop.
Ms. Canales requested that the subcommittee
forward a letter to OIA .that documents their
concerns about the project. She agreed to
provide an update to the subcommittee at the
June 1998 meeting of the NEJAC.
5.0 RESOLUTIONS AND SIGNIFICANT
ACTION ITEMS
This section summarizes the resolutions
discussed by the. Indigenous Peoples
Subcommittee and forwarded to the Executive
Council of the NEJAC for consideration. In
addition, this section provides a list of significant
action items adopted by the subcommittee.
The members discussed a resolution in which the
NEJAC urges EPA to advocate within the agency
the requirement that a full EIS be conducted for
the proposed inlet and outlet at Spirit Lake, North
Dakota, whether or not required by law, and that
the agency advocate the repeal of the enacted
emergency waiver of the requirement for an EIS.
The resolution was forwarded to the Executive
Council of the NEJAC for consideration.
The members discussed a resolution in which the
NEJAC requests that EPA advise USAGE that the
EIS developed for the proposed reservoir near
Newport News, Virginia did not address
adequately the social, economic, and cultural
effects such a project would have on the
Mattaponi Indian Tribe and recommend that
USAGE conduct a supplemental EIS to include
such considerations. The resolution was
forwarded to the Executive Council of the NEJAC
for consideration.
The members discussed a resolution in which the
NEJAC requests that EPA assist the Native
, Coalition for Cultural Restoration of Mount Shasta
in that organization's efforts to obtain ^meaningful
consultations with the Secretary of Interior and the
Secretary of Agriculture to -stop the development
of a ski resort on Mount Shasta, California. The
resolution was forwarded to the Executive Council
of the NEJAC for consideration.
The members discussed a resolution in which the
NEJAC recommends that EPA:
« Monitor the review process for the proposed
geothermal development at Medicine Lake
Highlands to ensure that principles of
environmental justice are addressed
adequately •
• Assist in the development of MOAs covering
archaeological records, maps, and access to
and monitoring of all archaeological
excavations and surveys within the ancestral
boundaries of the tribes in the area of
Medicine Lake Highlands area,
• Monitor water, air, visual, and other
"unavoidable significant effects" to ensure
that such effects are given significant
consideration in the decision
Members of the subcommittee adopted the
following significant action items:
• Develop' a resolution that discusses the
unique relationship between environmental
justice and Indian country ,
• Develop a strategy to improve communication
between tribes, indigenous grassroots
organizations, and indigenous community
members and the Indigenous Peoples
Subcommittee of the NEJAC. The strategy
will include the development of a videotape:
Durham, North Carolina, Decembers, 1937
5-11
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MEETING SUMMARY
of the
INTERNATIONAL SUBCOMMITTEE
of the
NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
Decembers, 1997
Durham, North Carolina
Meeting Summary Accepted By:
Dona Canaies
Designated Federal Official
Arnoldo Garcia
Acting Chair
-------
-------
CHAPTER SIX
MEETING OF THE
INTERNATIONAL SUBCOMMITTEE
1.0 INTRODUCTION
The International Subcommittee of the National
Environmental Justice Advisory Council (NEJAC)
conducted a one-day meeting on Tuesday,
December 9,1997, during a three-day meeting of
the NEJAC in Durham, North Carolina. Because
Mr. Baldemar Velasquez, Farm Labor Organizing
Committee and chair of the subcommittee, was
unable to attend the meeting, Mr. Amoldo Garcia,
Urban Habitat Program, served as acting chair for
the meeting. Ms. Dona Canales, U.S.
Environmental Protection Agency (EPA) Office of
International Activities (OIA), continues to serve
as the Designated Federal Official (DFO) for the
subcommittee. Exhibit 6-1 presents a list of the
members who attended the meeting and identifies
those members who were unable to attend.
This chapter, which provides a summary of the
deliberations of the International Subcommittee,
is organized in five sections, including this
Introduction. Section 2.0, Activities of the
Subcommittee, summarizes the discussions of the
activities of the subcommittee, such as a review
of the goals and mission of the subcommittee; a
review of outstanding action items and
resolutions; and an update on the subcommittee's
working group on South Africa. Section 3.0,
Presentations and Reports, presents an overview
of each presentatitin and report the subcommittee
received, as well as summaries of questions and
comments from members of the subcommittee.
Section 4.0, Resolutions, summarizes the
resolutions forwarded to the Executive Council of
the NEJAC for consideration.
2.0 ACTIVITIES OF THE SUBCOMMITTEE
This section discusses the activities of the
subcommittee, which included a review of the
meeting agenda, a discussion of the goals and
mission of the subcommittee, a review of
outstanding action items and resolutions and an
update on the formation of the South Africa
Working Group.
2.1 Review of Agenda
Mr. Garcia reviewed the meeting agenda and
asked the members of the subcommittee whether
additional items should be discussed. Ms.
Exhibit 6-1
INTERNATIONAL SUBCOMMITTEE
List of Members
Who Attended the Meeting
December 9,1997
Mr. Arnoldo Garcia, Acting Chair
Ms. Dona Canales, DFO
Ms. ClydiaCuykendall*
Ms. Beth Hailstock*
Ms. Maria del Carmen Libran*
Ms. Mildred McClain
List of Members
Who Were Unable to Attend
Mr. Baldemar Velasquez, Chair
Ms. Janet Phoenix
Mr. Bill Simmons
* New member of the subcommittee
Mildred McClain, Citizens for Environmental'
Justice, stated that she would like to discuss how
the subcommittee functions, particularly because
the subcommittee meets only twice a year and
important events can occur in the period between
meetings. She asked whether the
subcommittee's conference calls are sufficient,
questioning whether the subcommittee can
function ^with so few meetings. How can the
South Africa Working Group operate within that
framework, she asked. Mr. Garcia responded
that, after having been involved in two meetings
of the subcommittee, he supported its current
schedule of meetings and conference calls. In
response, Ms. McClain remarked that the
members of the subcommittee should consider
how best to communicate with each other, since
she had found it difficult to contact other
members. Ms. Marva King, EPA Office of-
Environmental Justice (OEJ), observed that the
issue could be discussed in, further detail during
the review of the "buddy system" established for
the subcommittee.
Durham, North Carolina, December 9, 1997
6-1
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international Subcommittee
National Environmental Justice Advisory Council
In response to Ms. McClain's suggestion that the
subcommittee should discuss whether to convene
an international roundtable meeting, Mr. Garcia
responded that the subcommittee earlier had
reviewed a proposal that the NEJAC meet to
discuss issues related to the United States-
Mexico border. Ms. McCIain recommended that
the roundtable meeting also should address
broader international issues. Mr. Garcia agreed,
remarking that the subject could be addressed
further during the subcommittee's discussion of its
action items. In addition, Mr. Garcia, observing
that December 10,1997 was the 50th anniversary
of the United Nations Universal Declaration of
Human Rights, stated that he would like to
jprvvard,, a resolution to the NEJAC in support of
the declaration.
2.2 Review of the Goals and Mission of the
Subcommittee
In remarks to the subcommittee about the goals
and mission of tffe International Subcommittee,
Mr. Garcia commented on the heed to develop a
framework from which to address and understand
issues related to EPA's activities that have
international ramifications. He explained that,
despite the fact that the subcommittee has a
mission statement, there is a need to discuss how
each member views international environmental
Justice within the context of the NEJAC.
Mr. Garcia stated that, in trying to understand
international environmental justice, one first must
look at environmental justice at home, in
particular the "Intersection of the social and
ecological crisis in this country." Further, Mr.
Garcia stated that environmental justice
addresses the disproportionate racial impact of
environmental degradation, and the centrality of
the leadership of communities of color to solve
the most critical issues facing the United States.
He explained that, as inner cities, often
communities of color, suffer abandonment, loss of
jobs and services, and financial and residential
redlining, natural habitats are being wiped out as
the suburbs are developed. As an example, Mr.
Garcia observed that, in suburbia today, the
typical garage is as big as the average house was
in 1956. H"e acfcfed that, suburbanization drains
resources from the cities and contributes to the
crumbling of such services as transportation; the
citi.es, therefore, become more divided and
poorer, he noted. Mr. Garcia emphasized that the
crisis is not unique to the United States, but is
occurring in other countries, as well. As new
instruments, such as the North American Free
Trade Agreement (NAFTA) and the General
Agreement on Tariffs and Trade (GATT), are
implemented, they transfer and displace
•accountability from those institutions that are
responsible to communities to those that answer
to "no one but'themselves," he explained. Such
instruments force communities to accept the siting
of polluting industries in exchange for jobs and
investment, he declared.
Goals and Mission. Ms. McCIain stated that the
mission statement of the subcommittee may
require revision to address the issue of
sustainable economic development. When the
issue of environmental justice is raised, she
stressed, it should be viewed globally, not just as
a U.S. concept. Ms. McCIain explained that,
when she was in Senegal, she had observed that
U.S. companies are allowed to manufacture, sell,
or do things that are illegal in the United States.
Ms. McCIain suggested that the subcommittee
consider the following questions:
How can the subcommittee address disparate
standards of conduct?
How can the subcommittee influence these
issues?
How can EPA effect change when it and
other agencies are limited to enforcing
compliance with laws and regulations?
i , ' f* I I ' i,' ,' I ,",''! f |.< „, "'I ' '',' M , 'III1 ', ', i '
Ms. Clydia Cuykendall, StarEnterprise, added that
the issue of international environmental justice
includes the debate over sovereign rights. She
observed that, when the United States had gone
through development, it contaminated the
environment; now this country is cleaning up the
damage. But less developed nations respond
that they have not yet reached that point; they
maintain that it is their sovereign right to develop
their resources, she said. Ms. McCIain responded
with the observation that, in the subcommittee's
South Africa work, the focus is not on telling a
person or country what to do, but rather sharing
information in the hope that it will be integrated,
into the decision-making process. She asked
how the subcommittee can begin to effect
changes, at the level of debate and then in
considering and changing policies? Mr. Garcia
remarked that it is incumbent upon the
subcommittee to act as part of a larger
community. Debate over sovereign rights is a
pertinent issue, he said, but "we also live with the
issue of jobs going abroad." As members of the
subcommittee, he added, we have the ability to
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National Environmental Justice Advisory Council
International Subcommittee
exert pressure on those "extra-national"
institutions, such as the International Monetary
Fund (IMF), that are not accountable to anyone
and that impose conditions to which countries
seeking development aid must agree. Ms.
Cuykendall then observed that "when you exert
. pressure, you must do so in a manner that
demonstrates you respect the sovereign rights" of
other nations.
Mr. Garcia also noted that the issue of
sovereignty as well ,as the economy is the result
of a "triangulation" of the economy, where
economic policy and decisions are the results of
the relationship and mutual influence of three
principal social forces: governme.nt-to-
government, government-to-nongovernmental
organizations (NGO), government-to-business or
private sector and vice-versa: private sector to
NGOs, NGOS to NGOs, private sector to private
sector. He stated that this' gives certain
responsibilities and opportunities to the
subcommittee's work.
Ms. McCIain stated her conviction that, when a
U.S. company conducts business in another
country, it should not operate with lower
standards than those required in this country.
There are some standards, she added, with which
companies should comply under all
circumstances. A country should not be expected
to lower its standards to attract jobs, she
continued, but that is what is happening: U.S.
firms are using jobs and development as a form
of extortion, she said. "It is not okay for
communities of color and for those of us who are
working with environmental justice issues in the
United States to sit back because these are
sovereignty issues," Ms. McCIain declared. Ms.
Beth Hailstock, Cincinnati Health Department,
remarked that the issues also involve education
and the capacity to understand what is "bad for an
individual."
Mr. Garcia observed further that there are specific
reasons why industries are locating facilities along
the United States-Mexico border and in the
southern United States, perhaps, he suggested,
because of the lack of enforcement of
environmental regulations, low labor wages and
less stringent standards for worker protection.
Such circumstances, he pointed out, have given
rise to the problem of twin plants, with U.S.
companies building one plant in the United States
and conducting their more polluting activities at-a
second facility in Mexico. Ms. McCIain added
that, while> recognizing the validity of sovereign
rights, the standards of conduct for such
companies should be consistent with human
health and worker development. Those
standards should not be relaxed; standards that
protect the environment and human health should
not be debatable, she stressed. Ms. Cuykendall
observed that the issue may not be appropriate
for discussion by the subcommittee; the U.S.
government should work through a treaty to
address the issue, she suggested, adding that it
may be easier to foster the establishment of
standards for the protection of the environment in
Mexico than in Asia.
Ms. McCIain rephrased the issue, asking how
companies and technologies can be exported in
a way that benefits the country or community that
receives them. What can we do, she continued,
to prevent other countries from experiencing what
we went through? Ms. Canales observed that
EPA has several technology-export programs-and
has conducted outreach programs and workshops
on lessons learned in Argentina, the Caribbean,
and Africa. Ms. Canales explained that, through
those programs, EPA presents what the United
States has done right, as well as "some things
that are not so right." Through the programs, EPA
presents options and develops implementation
guidance for approaches that can work within the
recipient country's guidelines, she said. Ms. King
added that, in the past, representatives of OIA
had been invited to talk to the members of the
subcommittee about EPA's international
programs. Ms. McCIain then observed that those
representatives should be invited consistently to
provide updates and, in turn, to receive from the
subcommittee reports on its experiences and
contacts. It is crucial that the subcommittee have
some influence outside the United States,
whether it is in Mexico or South Africa, Ms.
McCIain continued. Ms. Canales .then reported
that OIA has an Internet home page on which its
international programs are summarized.
Ms. McCIain remarked that it is crucial to learn
how to encourage the active inclusion of
communities in decisions being made. To that
end, the subcommittee should become involved
with the various stakeholders that are setting the
debate, she said. Ms. McCIain noted that, as a
result of her organization's work in Senegal, the
debate had changed. Ms. McCIain also noted
that although change has been slow, it would not
have happened if a representative of EPA or an
environmental justice organization had not
intervened.
Durham, North Carolina, Decembers, 1997
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International Subcommittee
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Ms. Cuykendall voiced the opinion that NGQ
should be included in the "economic-triangle of
government to government, firm to firm." The
subcommittee, she said, should facilitate the
compilation of a list of NGOs in those countries
that are addressing environmental justice. Ms.
Hailstock asked whether such a list was available.
Ms. Cuykendall then remarked that it would be
easy for the subcommittee to compile and expand
such a list. Mr. Garcia suggested that each
member compile "a list of NGOs operating in other
countries and share it with the other members.
Mr. Garcia then reminded the members that some
NGOs, have negotiated controversial "nature for
debt" swaps that sacrifice the environment for
economic development. Ms, Maria del Carmen
Libran, University of Puerto Rico-Mayaguez,
suggested that the subcommittee develop a list of
national organizations, that share the goals of the
subcommittee. Ms. Hailstock asked whether any
other federal advisory groups chartered under the
federal Advisory Committee Act (FACA) deal with
international issues, and, if so, how the
subcommittee can collaborate with them. Ms.
King replied that there are other advisory
committees.. Recently, she repbrted, one such
group that is addressing issues related to the U.S.
border with Canada had asked the International
Subcommittee for the resumes of community
representatives who may be tapped to serve as
members of the group.-
In a later discussion, Mr. Garcia asked the
members of the subcommittee to consider its
goals so that, by the next meeting, the
Subcommittee oi?,i4ld""set.it sights on what we can
report*1 to the ixecutive Council. Mr. Garcia
added that, during the public comment period
conducted by the NEJAC on the preceding
evening, Mr. Richard Moore, Southwest Network
for Environmental and Economic Justice and
immediate past chair of the NEJAC, had
remarked that the International Subcommittee
was in its infancy. Ms. McClairi observed that
other subcommittees of the NEJAC had identified
in their mission statements the priority issues they
would address; the International Subcommittee,
she suggested, might want to consider preparing
a similar statement, which would include "our
assumptions, our values,' and what we think is
important." The statement also would identify
pressing issues and show links with the efforts of
the other subcommittees of the NEJAC, she
added. Mr. Garcia then suggested that the first
assumption to be listed in the statement must be
the right of communities to assert influence over
international policy because decisions made in
the international arena affect communities.
Another issue is the abandonment of inner cities,
he said. That abandonment, he added, leads
directly to the siting of facilities in urban
communities that have no clear option about the
kinds of industry being located among them. Ms.
McClain added that the subcommittee must make
a substantive effort to foster values that are
established by communities that have an
equitable seat at the negotiations table. Because
communities bear the cost of the environmental
and economic burden, they must be an important
player at that table, she pointed out. Ms. McClain
then suggested that Mr. Garcia and Ms. Libran
develop a framework for the goals of the
subcommittee. Mr. Garcia agreed, reiterating his
request for copies of the summaries of the
previous meetings of the subcommittee. He
added that, in developing the framework he also
would address the links with other
subcommittees, as well as the issue of the
sovereign rights of other countries.
Ms. McClain then suggested that the preamble to
the mission statement should emphasize the
value of human health and the environment and
that an environmental ethic should be integrated
into the statement.
Administrative Tasks. Noting that the need to
discuss issues continued beyond the setting of
the formal meeting, Mr. Garcia asked how other
subcommittees meet that need — for example,
through - telephone conference calls. Ms.
Cuykendali suggested that regular conference
calls be scheduled; scheduled calls, she
suggested, would be easier for members to fit into
their busy schedules. Ms. Canales indicated that
if the subcommittee could agree to a specific day
for a conference call, she would schedule it.
When Ms. Cuykendall asked whether alternates
sitting in for official members could participate in
conference calls, Ms. Canales indicated that they
could do so, but that alternates cannot vote on
issues before the subcommittee. Mr. Garcia then
reminded members that a quorum is a simple
majority of the members, while a vote requires
that a minimum of five members be present.
After some discussion, the members of the
subcommittee agreed to schedule the next
telephone conference call for January. 16,1998.
Mr. Garcia then stated that planning meeting
agendas is, another critical element in the
functioning of the subcommittee. He stressed
that before the next NEJAC meeting, the
members of the subcommittee should discuss the
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Durham, North Carolina, December 9, 1997
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National Environmental Justice Advisory Council
International Subcommittee
agenda more thbroughly, adding that a better-
defined agenda will minimize the need to add
items during the meeting. Mr. Garcia then
suggested Ms. Canales present the agenda for
comments during conference calls held between
meetings.
2.3 Review of Outstanding Action Items and
Resolutions
Mr. Garcia began the discussion of action items
by stating that Mr. Velasquez, was-concerned
about the lack of updates on several previous
actions , items. Of particular concern to Mr.
Velasquez, Mr. Garcia reported, was the failure of
the Office of the U.S. Trade Representative
(USTR) to explain why the provisions of
Executive Order 12898 on Environmental Justice
, are not considered during trade negotiations. In
response to Mr. Velasquez's concerns, Ms. King
indicated that Ms. Clarice Gaylord, former director
of OEJ, had reported to the subcommittee on the
issue at the May 1997 meeting of the NEJAC, and
had indicated that she would prepare a letter to
the USTR about the issue. Mr. Garcia asked OEJ
to forward to the subcommittee a copy of- the
letter, and to provide the council with a report on
the status of the letter. Ms. King responded that
the letter had yet to be signed by the appropriate
officials of EPA; she then suggested the
subcommittee contact Mr. Robert Knox, Acting
Director, EPA OEJ, to obtain additional
information about the status of the letter.
In discussing the action item that addresses the
development of procedures for training incoming
subcommittee members, Mr. Garcia indicated a
need to review the "buddy system" proposed at a
previous meeting of the subcommittee and
address the motion previously made to meet by
telephone conference call on January 16, 1998
and henceforth every third Friday of every month.
Ms. King added that the subcommittee should
consider recommending that Mr. Garcia be
named vice-chair of the subcommittee because
Mr, Velasquez has a busy schedule. The current
meeting, she observed, may be Mr. Velasquez's
last meeting as chair of the subcommittee. Mr.
Garcia responded that he would like to talk to Mr.
Velasquez before reaching that decision, because .
he, himself also might become too busy; he
suggested that it might be necessary to have a
new chair. Ms. Canales then stated that under
the subcommittee's "buddy system," Ms. Janet
Phoenix, National Lead Information Center; Mr.
Garcia; and Ms. McClain would be paired with
new members, Ms. Cuykendall; Ms. Libran; and
Ms. Hailstock.
Turning to the action item that addresses the
formation of the NEJAC's South Africa Working
Group, Ms. McClain asked Ms. Canales whether
the OlA South Africa Working. Group had
scheduled regular conference calls. Ms. Canales
responded that the calls are not scheduled
regularly, but she agreed to notify Ms. McClain of
the date of the next call when it became known.
Ms. Canales also pointed out that Ms. McClain
had been included in every call, adding that, in
her role as DFO to the subcommittee, Ms.
Canales is the liaison between the NEJAC South
Africa Working Group and OlA.
The members reviewed the status of International
Resolution No. 5, which had been approved by
the Executive Council of the NEJAC at the May
1997 meeting of .the NEJAC. The members
agreed that the resolution, which urges EPA'to
acknowledge the success of the South Africa
Study Tours program be reconsidered in light of
the.apparent positive results of EPA's South
Africa program.
2.4 Update on the South Africa Working Group
Ms. McClain presented an update on the South
Africa Working Group. She also commended Ms.
Canales for her effort to facilitate communication
between members of the Working group and
individuals outside the NEJAC, while providing
access to OlA information.
Ms. McClain reminded the members that during
the previous meeting of the subcommittee, the
members had compiled a list of the candidates for
membership in the working group. Since that
time, seven people had expressed interest in'
serving on the group, she reported. Ms. McClain
added that she would forward the resumes of
those individuals to Ms. Canales for approval.
Ms. McClain advised the members that
recommendations of other individuals were
• welcome, and stated that U.S. citizens as well as
non-citizens could serve on the group. She
added that she had invited an individual from
South Africa to serve on the group. Further, she
continued, the working group would require some
guidance in conducting its first meeting and
developing the mechanisms by Which it wquld
function. The questions that must be addressed,
she said, include:
Durham, North Carolina, Decembers, 1997
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International Subcommittee
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• How members can participate in conference
calls without incurring personal expense
• How the work group will fulfill its mission
• What resources are needed to facilitate
meetings, telephone calls, and mailings
Ms. King observed that similar groups work under
the umbrella of the appropriate subcommittee,
which is funded by an EPA program office and
can establish the necessary mechanism. Ms.
King added further that mechanisms are available
that can be supported by an EPA contractor; such
support includes handling mailings and setting up
conference calls, she said. Ms. McCiain added
that she would work with Ms. Canales to explore
the issue of obtaining resources to support the
working group. Ms. King added that the working
group's protocol should be reviewed; the protocol
must include a termination date for the activities
of the working group, she added.
Ms. McCiain proposed that the subcommittee
submit a resolution to the Executive Council of the
NEJAC that the NEJAC send a letter to the plA
jndiqating the value of the work of the
EnvironrnentaQustice Network (EJN) * in South
Africa, especially to EPA's activities. Ms. McCiain
also requested that OIA:
• Provide the South Africa Working Group with
a briefing on EPA's South African
Development Initiative for the Environment
(SADIE), more commonly referred to as the
t South Africa community grants program
• Arrange for a presentation by the U.S.
Agency for International Development (U.S.
AID) to provide an update on its South Africa
programs and on its report titled "Urban
Environmental Program for South Africa"
» Distribute to the working group copies of the
Consultative National Environmental Policy
Process (ConNEPP) white paper drafted by
the UnitecJ States-South Africa Binational
Commission (BNC) that outline South Africa's
environmental policy
• Provide backgrourtd information on the
environmental performance review program
of the Organization of Economic Cooperation
arid Development (OECD)
Report on the status of the integration of
environmental justice issues and strategies
into EPA's South Africa initiative
Ms. King remarked that the working group should
request the items in a letter to the subcommittee,
adding that it would be more appropriate that the
letter requesting support for the South African
EJN be addressed separately. Mr. John
Armstead, EPA Region 3 and a member of the
audience, commented that the individuals
responsible for U.S. AID's South Africa program
currently are in South Africa. Mr. Armstead added
that OECD has not prepared a country report for
South Africa which would provide a snapshot of a
country's environmental condition, contain
recommendations, and serve as a benchmark by
which future actions may be evaluated. It was the
South African government that decided that the
environmental indicators program would be
completed through the Danish government, he
explained.
Ms. McCiain concluded her presentation by
indicating that, at the next meeting of the
subcommittee, she would provide a full report on
the status of the South Africa Working Group.
3.0 PRESENTATIONS AND REPORTS
This section summarizes the presentations made
and reports submitted to the International
Subcommittee.
3.1 EPA Activities Under the U.S.-Sputh Africa
Binational Commission
Mr. Armstead presented a brief summary of
activities undertaken through EPA's South Africa
program. Mr. Armstead commented that he is the
EPA program leader for the environmental
program of the BNC, often referred to as the
Gpre-Mpeki Cpmmissipn. Mr. Armstead also
indicated that Mr. Reginald Harris, environmental
justice coordinator for EPA Region 3, would
provide a brief summary of his environmental
justice activities in South Africa. Exhibit 6-2
describes the BNC.
Mr. Armstead expressed his excitement about the
work in South Africa and added that the issues
raised and discussed by the International
Subcommittee had been "right on target." He
added that the work in South Africa is developing
rapidly; the South Africans are strong-willedI about
what they want to accomplish and the program is
6-6
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National Environmental Justice Advisory Council
International Subcommittee
Exhibit 6-2
The United States-South Africa
Binational Commission (BNC)
In 1995, U.S. Vice President Al Gore and South
Africa's Deputy President Thambo Mbeki
established the U.S.-South Africa Binational
Commission (BNC) to develop professional
working partnerships between technical and
management experts in the two countries. Often
referred to as the Gore-Mbeki Commission, the
BNC has established several committees co-
chaired by Cabinet level representatives of each
country. The committees help establish practical
working-level programs between leaders in each
country.
The Conservation and Environment Committee
is chaired by the U.S. Secretary of the Interior.
EPA's Office of International Activities, along
with the South Africa Department of
Environment and Tourism, co-chair the
Environmental Management Working Group
(EMWG) of the committee. The strategic goal
of the EMWG is to strengthen the capacity of
South Africans to improve the quality of life and
manage the environment in a sustainable way.
The goal supports Section 24 of South Africa's
constitution, which states, "Everyone has the
right to an environment which is not harmful to
their health or well-being."
"taking the best from all over the world" to
address that country's needs, he said."
Mr. Armstead then reported on a joint strategic
planning session held September 1997 in
Pretoria", South Africa. For the first time, he
continued, EPA and the.South Africa Department
of Environment and Tourism (DEAT) and the
Department of Water Affairs and Forestry
(DWAF) had to identify areas on which to focus
their efforts to develop cooperative activities. In
addition, he said, the session had provided EPA
with a better understanding of 1) environmental
conditions in South Africa; 2) how to operate
within the umbrella of international activities; 3)
what EPA must do to maintain financial support
for the activities the South Africans want the
United States to undertake; and 4) how EPA must
work with other groups, such as U.S. AID and the
World Bank. Mr. Armstead added that the group
had adopted "the goals and objectives of the
ConNEPP white paper, which, he emphasized will
serve as the framework for environmental
legislation in South Africa. The white paper, he
added, deals with environmental education,
biodiversity, pollution, and other issues. Mr.
Armstead remarked that, among the primary
concerns of South Africans is environmental
justice. Other key issues include environmental
enforcement, the provision of training at all levels,
the securing of financing, the setting of standards,
and the provision of institutional support, he
continued. In addition, Mr. Armstead said, the
priority areas identified by the South Africans for
which technical assistance is needed are the
conduct of environmental impact assessments
(EIA) and risk assessments, the development of
economic instruments and environmental
indicators, and the assessment of sensitive areas.
Mr. Armstead added that management of
environmental systems in South Africa currently
is carried out at the provincial level. It is at that
level that the work will be done, he added, noting
that the lack of capacity to implement
environmental programs is a problem that must
be addressed. EPA's efforts therefore will be
focused at the local level, with the added hope of
encouraging the participation in environmental
programs of local legal entities, such as the court
systems and other institutions of the South
African legal system, he said.
Turning to the issue of training, Mr. Armstead
reported that, in 1997, EPA had twice delivered a
solid waste management training course in South
Africa and has scheduled .a third delivery for
1998. He reported that the course, conducted in
Pretoria and Cape Town, brought together
representatives of federal, provincial, and local
governments and NGOs to examine waste
management practices. The training was
conducted in English, with provision for translation
into the 11 official languages of South Africa,
added Mr. Armstead. Further, Mr Armstead
continued, 120 trained facilitators, at least 50
percent of whom are black South Africans, are
embarking on another training cycle in South
Africa. Responding to questions about the racial
mix of the facilitators, Mr. Armstead stated that his
observations and experience indicate that South
Africans look at their country as one South Africa.
While in South Africa, he said, he had observed
a willingness among the people to work together
at the grassroots level. Mr. Armstead also
commented that a training course on enforcement
issues had been conducted at the University of
Transkei in Umtata, South Africa. EPA also had
begun working with U.S. AID to establish an
Durham, North Carolina, December 9, 1997
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International Subcommittee
National Environmental Justice Advisory Council
Environmental Management Training Center
(EMTC) at the University of South Africa, he
": added. , ' ' . .
Continuing, Mr! Armstead stated that EPA's
activities are not confined to training. He
explained that EPA and DEAT had identified
townships outside East London and Capetown in
the Eastern Cape Province as sites of a
demonstration program in the development of a
solid waste management program^ He explained
that the village of Duncan had received
assistance to define and establish its own waste
management practices. For example, he said,
the community of Duncan had been able to build
a new road for disposal of solid waste into a
privately owned "landfill and had created a number
of jobs for people in the community. EPA was
building upon that model and working with the
U.S. Environmental Training Institute (USETI) to
implement similar programs in other communities
in the East London area, Mr. Armstead added; the
effort will focus ori providing technical training in
waste management and recycling, as well as
assessing the market for recycled materials. Mr.
Armstead added that the model of technology
transfer will be shared or used with other
communities in South Africa.
In closing, Mr. Armstead added that two study,
tours had been planned for the United States.
One tour will focus on environmental and water
management in the mining sector, white the other
will focus on El As. EPA would assist DEAT in
preparing its application to the United States
Information Service (USIS) to support the
initiative, he noted. Mr. Armstead indicated the
tours are scheduled tentatively for spring 1998;
specific plans for each of the study tours were
under development, he said.
Ms. McCiaih asked whether the training provided
by EPA included information about the siting of
facilities and whether the training conveyed the
lessoQS learned in the United States. Mr.
Armstead responded that, at the request of the
South Africans, the training course offered a
broad overview of solid waste management
principles. He added that the next steps would
include examination of siting of waste facilities
and disposal of hazardous waste. He remarked
that waste management practices previously
employed by the government of South Africa had
made some sites undesirable. Assistance was
being provided to those areas, he said. Ms.
McClain asked whether the subcommittee can
review the training materials. In response, Mr.
Armstead indicated that he could provide such
materials.
Ms. Cuykendall asked how the community of
Duncan selected the landfill as the site for the
pilot demonstration. Mr. Armstead responded
that Duncan Village had developed only a system
to collect the solid waste from the village for
disposal in the provincial landfill operated by a
private firm. Further, Mr. Armstead stated, the
landfill had followed several unacceptable
practices, such as the commingling of hazardous
waste with solid waste; the landfill probably would
riot be permitted in the United States, he said.
Mr. Armstead then turned the discussion over to
Mr. Harris, who presented a brief overview of
environmental justice issues in South Africa. Mr.
Harris reported that, because of his work with the
BNC, he had the opportunity to meet with
representatives of the South African EJN and to
review and discuss issues with grassroots
communities'' in South Africa. Those
conversations, he said, had led him to realize that
more case work, such as site evaluation and
permitting and the identification of the needs of
local communities, is needed, Mr. Harris added.
He noted further that he had provided the EJN
with copies of materials on risk assessment, as
well as documentation of health assessment
related to such heavy metals as cadmium, which
are of great concern in South Africa because
mining of metals is a major industry in South
Africa. Mr. Harris added that the environmental
justice community is using risk assessment as a
monitoring tool to assess the effects of mining
sites on communities. When asked by Ms.
McClain to explain who he meant when he
referred to environmental justice communities in
South Africa, Mr. Harris responded that no single
environmental forum or group in the country was
pursuing what has been called environmental
justice; rather, he explained, the South Africa EJN
had been formed as a coalition or umbrella
organization of various groups. Exhibit 6-3
describes the EJN.
Ms. McClain expressed her curiosity about
whether the EJN had been introduced to the
concept of environme'ntal justice by the EPA or
whether EJN's interest had evolved on its own.
Mr. Harris asked Mr. Larry Charles, Organized
Northeastemers and Clay Hill and North End, Inc.,
(O.N.E7C.H.A.N.E.), South African Development
Initiative for the Environment to respond to her
remarks. Mr. Charles then stated that EJN had
been formed by individuals who, before apartheid
6-S
I ...... iiiiii,
...... i
..... 'iiiii ..... i;jiL::iiijiik,aiiii!i
Durham, North Carolina, December 9, 1997
• I
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National Environmental Justice Advisory Council
International Subcommittee
Exhibit 6-3
South Africa Environmental Justice Network
The South Africa Environmental Justice
Network (EJN) is a coalition of individuals and
community-based organizations pursuing issues
related to environmental justice. Mr. Eugene
Caimcross was elected to represent the network-
and to serve as its liaison to the U.S.
Environmental Protection Agency. For
additional information about EJN, contact Mr.
Caimcross at P.O. Box 1906, Bellville 7535,
Republic of South Africa or by telephone at
011-27-12-959649.
ended, had formed organizations, some of which
had operated illegally, to address environmental
justice issues. After apartheid was abolished, the
organizations operated openly and created a
"very strong, active, and mature" community-
based process," he continued. Mr. Charles also
stated that EJN had established an Executive
Committee and plans to continue representing
communities that are experiencing hardships.
Mr. Armstead added that EJN had approached
EPA to participate in the activities of the BNC;
EPA had been impressed with the high level of
organization the EJN had achieved, he noted.
Ms. Libran recommended that the NEJAC,
through the subcommittee, establish a
relationship with EJN. Ms. McClain added that ,
the subcommittee, would need additional
information about EJN.
Ms. McClain also' commented that, although
, EPA's training efforts had shed light on the issues
South Africa'faces, the question remains how to
build effective interaction. Many struggles and
challenges lie ahead, and EPA must "push the
process to the maximum," she stated. Mr. Garcia
asked Mr. Harris how EPA was addressing issues
related to ElAs. In response, Mr. Harris, stated
that the agency is working with case studies of
similar examples in South Africa and introducing
the case studies during the training course. Mr.
Harris added that ERA had delivered a training
course on ElAs which several individuals from
South Africa had come to the United States to
attend. Ms. Hailstock then recommended that the
subcommittee send the South Africa EJN a letter
of support, with a list of the members of the
subcommittee.
Ms. McClain voiced concern about the issue of
risk assessment, observing that, in the United
States, communities have serious problems.
because the risk assessment process often is
used as a tool against the communities. She
cited as an example cases in which communities
wanted to use risk assessment tools to address
environmental concerns related .to federal
facilities. The process, she said, had alienated
the community and then had been used against
the community. Ms. McClain added that EPA
should reexamine the issue by reviewing the
lessons learned from an environmental justice
perspective before incorporating risk assessment
into the South Africa training initiative. Mr. Harris
responded that EPA welcomes the views of the
subcommittee, particularly as the agency
develops training for risk assessment.
Ms. Cuykendall asked whether any training will
take place in the United States. Mr. Harris
responded, that participants will come to the
United States for a part of the training, adding that
relationships established with the South Africans
will continue beyond the training. Mr. Harris
stated his regret that EPA cannot train "everyone"
and expressed the hope that the members of the
International Subcommittee will have a positive
influence on the level of assistance provided to
South Africa, which had been requesting more
extensive support. Ms. King asked Mr. Harris
whether he had a staff and in what manner his
office is organized to support its activities in South
Africa. Mr. Harris replied that, although EPA
Region 3 does not have separate resources, the
region had assigned a staff member to serve as
its international representative and delegated his
responsibilities to the various program offices in
the region. Mr. Harris then explained that the
individuals working on the program have a strong
personal interest in the program and contribute
much personal time to it. Ms. Canales
commented that there is always competition for
resources within O1A.
3.2 South African Development Initiative for
the Environment
Mr. Charles first stated that, as a black American,
he sees SADIE, also known as the South Africa
community grants program, as a response to a
great moral obligation to bring resource's to South
Africa. Mr, Charles explained that
O.N.E./C.H.A.N.E. is a community-based
organization in Hartford, Connecticut, one of the
poorest cities in the United States.
O.N.E./C.H.A.N.E. is a fusion of two community-
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International Subcommittee
National Environmental Justice Advisory Council
based organizations that share the same
principles of community ownership and
community control, he said, noting that the
community in which it operates is 80 percent
African-American and Puerto Rican. Mr. Charles •
emphasized that O.N.E./C.H.A.N.E. brings a
community perspective to its work in South Africa,
adding that, in the past, the organization had
, rejected programs if they were not "owned by the
community." O.N.E./C.H.A.N.E.'s approach, he
said, provicles accountability to the community-
if a program breaks down, O.N.E./C.H.A.N.E. will
gladly take the Blame, he declared. Mr. Charles
indicated that he could provide copies of
documents associated with O.N.E./C.H.A.N.E.'s
work in South Africa.
Turning to a discussion of SADIE, Mr. Charles
stated that, as a community-based organization
and "despite all the things that are going on,"
O.N.E./CXH.A.fCE. decided the grants program
must be designed for the benefit of South Africans
and controlled in South Africa. Consequently,
p.N.E./C,H.A.N.E- defined a structure that puts
the control of the program in South Africa, Mr.
Charles continued, adding that, although his
organization had been offered 50 percent of the
$250,000 grant, it will award more than $200,000
to organizations in South Africa.
O.N.EJC.H.A.N.E. itself will not spend more than
$15,000 in administrative costs, he explained,
emphasizing that 6.N.E./C.H.A.iN.E. considers it
a moral obligation to manage the grant in that
manner. Mr. Charles noted, however, that there
is no effective way to manage the grant program
from the United States. O.N.E./C.H.A.N.E.
therefore had sigheci a contract with' a black
South African NGO to serve as the in-country
agent to manage the grant, he said. Exhibit 6-4
describes the grants program.
Mr. Charles reported that the executive board of
the program had selected Ms. Tumbeka
Dambuza to serve as the coordinator for the
grants prograrru He explained that, although Ms.
Dambuza reports to O1N.E./C.H.A.N.E., she had
joined the program at a level comparable to an
assistant director of DEAT, arid she maintains an
' office within DEAT. Also representeci on the
advisory board, Mr. Charles reported, are
representatives of the community, EJN, the U.S.
Embassy in South Africa, and industry. The
"bottom line," Mr. Charles observed, is that SADIE
provides true community-based influence on
policy. O.N.E./C.H.A.N.E. hopes the grants
program will demonstrate the concept of
community-oriented programs and their relevance
Exhibit 6-4
South Africa Community Grants Program
The U.S. Environmental Protection Agency
(EPA) has entered into a cooperative agreement
with Organized Northeasterners and Clay Hill
and North End, Inc. (O.N.E./C.H.A.N.E.), a
non-governmental organization, to provide small
grants to South African communities organizing
themselves to address local environmental
issues. The program also is known as the South
African Development Initiative for the
Environment (SADIE). The objective of the
program is to empower disadvantaged
communities which face serious environmental
challenges.
Criteria for selection of grants has been
developed and is awaiting the approval of the
advisory board. Grants will range in size from
$3,000 to $20,000. Grant applications are
expected to be reviewed in January 1998, with
awards tentatively scheduled for late February
1998.
to national programs, said Mr. Charles. He added
that Dr. Cairncross had recommended pilot
projects be avoided and grants awarded to what
he termed "funding projects." The advisory board
had approved that approach, Mr. Charles
reported.
Mr. Charles commended the International
Subcommittee's Resolution No. 2, which urges
the EPA Administrator to "recommend,
encourage, and facilitate OlA's consultation with
the International Subcommittee's South Africa
Working Group on all programmatic- issues
associated with the South African Initiative"'
including the implementation of the South Africa
Community Grants Program." He stated that the
least important element of the program is money
and the most important element is the links forged
with communities. However, the building of those
relationships cannot begin, he said, until the
South Africans decide what projects will be
undertaken. Mr. Charles concluded his
presentation by remarking that the program must
identify ways in .which the International
Subcommittee can participate.
Ms. McClain asked how O.N.E./C.H.A.N.E. was
selected to manage the SADIE program, what
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National Environmental Justice Advisory Council
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process was used to select O.N.E./C.H.A.N.E.,
and why the U.S. , environmental justice
community that already is involved in the NEJAC
had not been kept informed as the program was
launched. In response, Mr. Charles, stated that he
was not sure how his organization had been
selected, but he knew that when it was selected,
EPA had invited O.N.E./C.H.A.N.E. to meet with
members of a study group from South Africa that
was traveling in the United States to learn more
about environmental management practices.
During those meetings, Mr. Charles continued,
representatives of South Africa reported on the
severity of environmental problems in that
country. He explained that O.N.E./C.H.A.N.E.
had felt duty-bound as an organization of color to
become involved in helping South Africa solve its
environmental problems. He added that his
organization had taken the initiative to send
representatives to South Africa to present
conferences for communities. Upon the return of
those representatives to the United States, Mr. Bill
Nitze, EPA OIA, had requested a report on the
13-day tour, Mr. Charles said, adding that
O,N.E./C.H.A.N.E. had been unaware that the
training it had conducted was the same type of
training for which EPA had been assigned
responsibility.
Mr. Charles stated that Mr. Nitze had wanted
some action taken and O.N.E./C.H.A.N.E., as a
community-based organization, had appeared to
provide the results for which Mr. Nitze had been
searching. Mr. Charles added that Mr. Nitze
already had been familiar with
O.N.E./C.H.A.N.E.'s Urban Environmental
Initiative and wanted E.PA's Community Grants
Program implemented as soon as possible. Mr.
Charles added that Mr. Richard Moore, former
chair of the NEJAC, had been involved in
determining how to structure the initiative and
administer the program. Ms. McClain remarked
that Mr. Moore's support of O.N.E./C.H.A.N.E. to
manage the program was "odd" because 'there
had not been any consultation with the
International Subcommittee. Communications
should have followed between the chair of the
NEJAC and the International Subcommittee, she
stated. The facts that Mr. Nitze had made a
- unilateral decision and that Mr. Moore had
provided the support of the NEJAC without
consultation with the subcommittee, she
continued, "raises red flags about the selection
process," she said. Mr. Charles'responded that,
from his perspective, many interests, both within
EPA and outside the agency, had been
represented during the selection process. In
addition, Mr. Charles explained, there had been
confusion among various groups" in South Africa
about the selection process, but
O.N.E./C.H.A.N.E. had been able to seek and
obtain consensus in the United States and South
Africa and to move the selection process forward.
the overriding concern, he stressed, was that the
people of South Africa were being exposed to real
and significant environmental risk every day,
adding that the goal of all parties was to
implement the program. Mr. Charles then noted
that the selection of O.N.E./C.H.A.N.E. had not
been made final for six months, while EPA
considered other organizations, despite Mr.
Nitze's determination to implement the program
immediately.
Ms. McClain expressed concern that the chair of
the NEJAC would offer the endorsement of the
NEJAC in the matter without the consultation of
the International Subcommittee. She added that,
as the chair of the South Africa Working Group,
she should have been consulted. Mr. Charles
responded that it was his understanding that the
working group did not exist at the time the
decision was made. He offered his apologies if
errors had occurred, but added that he would not
want to leave the meeting without the support of
the subcommittee. He asked the members of the
subcommittee to consider the situation and the
opportunity at hand to "break the logjam." Mr.
Garcia remarked that indeed there were some
issues to clarify, and thanked Mr. Charles for his
presentation. Ms. Cuykendall added that she was
willing to ratify the decision to select'
O.N.E./C.H.A.N.E. ,
In a later discussion, Mr. Moore commented on
his involvement in the selection of
O.N.E./C.H.A.N.E. He reported that during
telephone conference calls with EPA regarding
the South Africa community grant program, he
was there, not as a representative of the NEJAC,
but as a coordinator for the Southwest Network
for Environmental and Economic Justice. He
emphasized that he had made this issue very
clear during each of the calls. Ms. Cuykendall
asked Mr. Moore why, during the calls he had not
indicated that the NEJAC should be involved. Mr.
Moore replied that he did emphasize that more
communication should be done with NEJAC, as-
well as more interaction with the International
Subcommittee. Ms. McClain observed that jt .
needed to be in the record that Mr, Moore was not
representing NEJAC in the discussions of the
South African community grant program. Mr.
Moore answered that, it was well documented.
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Ms. Cuykendall observed that the subcommittee
was impressed by the results of the program, but
In the future, the subcommittee would like to be
"included in this type of communication. Ms.
McCIalhalso reiterated that the subcommittee
heeded to revisit the selection process and
identify the factors involved from which lessons
learned can be applied in similar situations.
3.3 Review of EPA's Mexico Border Program
Ms. Lprena Lopez, EPA Region 9, reviewed
Various; activities undertaken by EPA to address
;^|nytronmeptal Isfueslalpjig the "United States-
Mexico border, fuming first to EPA's Border XXI
Program, she explained that the primary purpose
tftf the five-year binational interagency program of
Mexico and the United States is to protect and
improve the environment and environmental
health, while fostering sustainable development in
the United States-Mexico border area. The first
environmental agreement between Mexico and
the United States, the La Paz Agreement, she
continued, h'ad created six working groups and
defined the border region as an area "extending
100 kilometers north and the same distance south
of the border between the U.S. and Mexico. Ms.
Lopez then summarized the central themes and
strategies of the Border XXI Program: ensuring
public involvement, building capacity,
decentralizing environmental management, and
ensuring interagency cooperation. Ms. Lopez
emphasized the importance of public access to
information, adding that EPA awards community-
based grants and maintains partnerships with
state agencies. Further, she said, EPA had
opened its border offices and held a number of
public meetings.
Ms. Lopez stated that it had taken decades to
acknowledge environmental problems along the
border, and that the Border XXI Program is only
two years old. She added that the EPA Region 9
field office in San Diego, California coordinates
the binational programs for California and
Arizona, while the EPA Region 6 field offices in El
Paso and Brownsville, Texas coordinate the
programs for Texas and New Mexico. Funds for
the program are provided by OlA, she said.
When Mr. Garcia asked how EPA works with
environmental justice groups in the border region,
Ms. Lopez responded that the Environmental
Health Coalition in San Diego, California border
area, is the only environmental justice group with
which her office has worked. Ms. Lopez also
remarked that her office works with a number of
other organizations that are not strictly
environmental justice groups. She added that,
although organizations had identified themselves
to EPA as environmental justice groups, "many
communities do not know what environmental
justice is."
Ms. McClain asked how the border office defines
public involvement. In response, Ms. Lopez
stated that EPA had held a number of meetings in
which representatives of communities, NGOs,
and industry participated. Representatives of
EPA, she said, "are there to listen to the
community." Ms. Lopez: added that, to solicit
comment on the document, EPA h,ad distributed
a draft description of the Border XXI Program to
communities and organizations operating along
the border. EPA had been asked how the agency
can make decisions that affect the border when
the Agency's representatives, are located in
offices some distance from the region, she said.
In response, she continued, EPA had established
the field office in San Diego and created a
strategy for distributing information to the
community.
Ms. King asked about the level of participation on
the part of residents of Mexico. Ms. Lopez
explained that Mexico's Secretariat of the
Environment, Natural Resources, and Fishery had
held national meetings as well as binational
meetings, which representatives of communities
and workers attended.
Mr. Garcia noted that Ms. Lopez had touched on
several points that the subcommittee had
discussed earlier. He stated that there is a
reason behind the rapid industrialization of the
border, as well as the concentration of population
there and its lack of adequate infrastructure. He
pointed to the termination of the bracero or
migrant worker program in the United States and
the subsequent implementation of Mexico's
border industrialization program intended to
provide employment for returning braceros. The
accelerated development along the border and
the establishment of maquiladoras, a plant
operating in Mexico at low post that is a twin to
another plant manufacturing final products in the
United States, was the precursor to the North
American Free Trade Agreement (NAFTA), he
said. Mr. Garcia added that the opening of the .
border under^ NAFTA is creating institutional
challenges fqr*Mexico; unintended consequences
that occur must be addressed, he added. Mr.
Garcia cited flooding as an example of such
consequences. Floods, he said, typically do not
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National Environmental Justice Advisory Council
Internationa) Subcommittee
affect communities in California severely, but
have severe consequences for communities in
Tijuana, Mexico. Mr. Garcia emphasized the
need to ensure that EPA makes clear decisions.
He then reminded the subcommittee of the
proposal before NEJAC that the council host a
roundtable meeting to consider issues related to
the border.
Mr. Garcia asked whether EPA is working with
groups in Mexico. Ms. Lopez responded that EPA
had established 17 information repositories
throughout thfe border region, through which EPA
provides information to the public. In addition,
she noted, EPA is working with public institutions
and existing groups and organizations, adding
that, EPA had purchased .computers for some
institutions to provide them access to EPA's
Internet home page. EPA, she said, maintains a"
toll-free telephone number, and had held a series
of open house sessions, at which grassroots
groups and communities had the opportunity to
provide information about their projects. EPA in
turn provides those organizations information
about agency programs, Ms. Lopez said, adding
that in January 1998, the EPA San Diego Border
Office was to host an open house at which it
hopes to meet more representatives of the
environmental justice movement. Ms. McClain
then asked what other public information
programs EPA had pursued consistently, such as
reaching people through churches,.in study
classes, at laundromats, and through television.
Ms. Lopez agreed that the outreach mechanisms
suggested by Ms. McClain would be effective, but
EPA traditionally had not used such approaches
.consistently. However, EPA had developed a
database of points of contact for community
groups, she said, noting the database continues
to grow as communities contact EPA.
During a discussion of the subcommittee's
outstanding action items related to EPA's Mexico
border programs, Ms. King reminded the
members that the subcommittee had forwarded to
EPA Region 9 several comments related to the
Border XXI Program, but stated that she was
unaware .whether those items had been
addressed. Ms. Lopez then stated that the EPA
had responded to all comments that had been
submitted to the EPA about the Border XXI
Program. She added that she would forward to
the members of the subcommittee copies of the
report that summarizes the Agency's responses.
Mr. Garcia reiterated that the subcommittee
should not miss opportunities to build
relationships with the EPA border offices. He
added that issues similar to those related to
maquiladora factories and illegal immigration are
emerging along what the U.S. Government
describes as the country's third border, South
Florida. Similar issues also have surfaced in
North Carolina, he said, because migrant workers
confront conditions similar to those affecting
border communities, among which are
inadequate and unsafe housing and the exposure
of workers to such health hazards as pesticides.
Ms. McClain observed that an issue associated
with quality of life for immigrants had arisen in
Savannah, Georgia where a large number of
Mexican males, who have little or no English
language skills, work, in the construction and
^landscape industry and are housed in the "worst
parts of the city."
In response to questions about how the
subcommittee could assist EPA in its international
efforts, Ms. Lopez stated that the subcommittee
could help to define lines of communication, a
challenge, she said, because some community
groups do not want to work with EPA because of
"historical baggage."
Discussing colonias, undeveloped areas along
the border that lack such basic infrastructure as
running water and other utilities and where many
migrant workers and their families live, Ms. Lopez
observed that the states of California and Arizona
do not recognize the colonias formally as entities,
but that EPA teams have been helping Mexico
address the issue. Ms. Lopez added that
residents living in some colonias in Tijuana,
Mexico, have made tremendous efforts to
improve conditions by providing water wells and
a health center. Ms. King commented that OEJ
would like to work with colonias but had minimal
contact with them because it is difficult for the
colonias to contact EPA. Mr. Garcia observed
that the executive order on environmental justice
requires that federal agencies examine the
consequences of such programs as the guest
worker 2A program of the U.S. Department of
Labor. He recommended that the subcommittee
prepare a letter to the EPA Administrator about
the issue, since the effects of such programs are
being felt in such- areas as Georgia and Texas.
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International Subcommittee
National Environmental Justice Advisory Council
4.0 RESpLirppNS AND OUT STANDING
ACTION ITEMS
it'!> •••• '. I:- !•'•• ";-i! .;. '"'; ' •• ' lk",y:' ,..'•"' :: r'>: '••'
Thig section surrimarizes the resolutions
forwarded to the Executive Council of the NEJAC
for consideration.
The members discussed a resolution in which the
NEJAC calls on EPA to adhere to the letter and
spirit of the United Nations Universal Declaration
of Human Flights in the protection, conservation,
and restoration of the environment; communities;
and social, economic, and democratic rights. The
resolution was forwarded to the Executive Council
of the NEJAC for consideration.
The members discussed a resolution in which the
NEJAC emphasizes to 6lA trie importance of
partnerships with the South African EJN and its
associated community groups, and of integrating
the expertise of the U.S. environmental justice
community and its networks into the South African
environmental justice initiative. The resolution
was forwarded to the Executive Council of the
NEJAC for consideration.
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Durham, North Carolina, December 9,1997
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MEETING SUMMARY
of the
PUBLIC PARTICIPATION AND ACCOUNTABILITY SUBCOMMITTEE
of the
NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
December 9,1997
Durham, North Carolina
Meeting Summary Accepted By:
,
Mary Sette Rosa Hilda Ramos
Alternate Designated Federal Official chair
-------
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CHAPTER SEVEN
MEETING OF THE
PUBLIC PARTICIPATION AND ACCOUNTABILITY SUBCOMMITTEE
1.0 INTRODUCTION
The Public Participation and Accountability
Subcommittee of the National Environmental
Justice Advisory Council (NEJAC) conducted a
one-day meeting on Tuesday, December 9,1997,
during a three-day meeting of the NEJAG in
Durham, North Carolina. Ms. Rosa Hilda Ramos,;
Community of Catano Against Pollution, serves*
as the newly appointed chair of the
subcommittee. Ms. Renee Goins, U.S.
Environmental Protection Agency (EPA) Office of
Environmental Justice (OEJ), continues to serve
as the Designated Federal Official (DFO) for the
subcommittee; however, Ms. Mary Settle, EPA
OEJ, represented 'Ms. Goins at the meeting.
Exhibit 7-1 presents a list of the members who
attended the meeting and identifies the members
who were unable to attend.
This chapter, which provides a summary of the
deliberations of the Public Participation and
Accountability Subcommittee, is organized in six
sections, including this Introduction. Section 2.0,
Remarks, summarizes the opening remarks of the
chair. Section 3.0, Activities of the Subcommittee,
summarizes the activities of the subcommittee,
such as a review of the minutes of an informal
conference call ,of the subcommittee on
November 17, 1997; a review of action items;
discussions about revisions in the model plan for
public participation; and discussions about
preparations for, the next meeting of the
subcommittee. Section 4.0, Issues Related to
Public Participation and Accountability,
summarizes discussions about improving the
NEJAC's planning of site tours; discussions about
improving the public comment periods sponsored
by the NEJAC; developing a public participation
process; identifying technical resources available
to assist communities; scheduling a meeting of
the NEJAC in Puerto Rico; and establishing
requirements for public participation that are
applicable at the state level. Section 5.0,
Presentations, summarizes presentations the
subcommittee received on issues related to public
participation. Section 6.0, Resolutions and
Significant Action Items, summarizes the
resolutions forwarded to the Executive Council of
the NEJAC and significant action items adopted
by the members at the meeting.
Exhibit 7-1
PUBLIC PARTICIPATION AND
ACCOUNTABILITY SUBCOMMITTEE
List of Members
Who Attended the Meeting
December 9,1997
Ms. Rosa Hilda Ramos, Chair
Ms. Mary Settle, Alternate DFO
Mr. Frank Coss
Mr. Delbert DuBois*
Mr. Robert Holmes*
Ms. Annabelle Jaramillo*
' Mr. Haywood Turrentine
List of Members
Who Were Unable To Attend
Ms. Renee Goins, DFO •
Mr. Lawrence Hurst
Mr. Munir Meghjee**
Ms. Mamie Rupnicki*
* New member of the subcommittee
** Resigned from the subcommittee
2.0 REMARKS
Ms. Ramos opened the meeting by welcoming the
members of the subcommittee. Exhibit 7-2 briefly
introduces the new members of the
subcommittee.
Referring to the communities and organizations
represented by the members of the
subcommittee, Ms. Ramos spoke about her
desire to prevent other communities from
suffering experiences similar to those , of her
community in Puerto Rico. Ms, Ramos
encouraged the members to consider what they
wanted to accomplish during the meeting. She
expressed her disappointment that
norepresentatives of industry were in attendance,
stating that all stakeholders should be
represented to ensure that fair and equitable
Durham, North Carolina, Decembers, 1997
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lilllllll II
Public Participation and Accountability Subcommittee
National Environmental Justice Advisory Council
Exhibit 7-2
'Hi
NEW MEMBERS OF THE
SUBCOMMITTEE
Mr. Delbert DuBois stated that he is the
founding president and chief executive officer
of the Four Mile Hibernian Community
Association, a grassroots nonprofit organization
located in Charleston, South Carolina. His
aspirations for the subcommittee, he said,
include helping communities to avoid becoming
like Charleston, a city he characterized as the
most contaminated city in the United States.
The citizens of Charleston, he stated, are
exposed to pollutants from more than 68
contaminated sites. He also spoke briefly about
pilot projects the organization is conducting.
Mr. Robert Holmes introduced himself as the
director of The Southern Center for Studies in
Public Policy, an organization affiliated with
Clark Atlanta University. His interest in
environmental justice, he said, is both
professional and personal. He stated that the
center examines the effect of public policy on
minority and lower-income communities,
particularly those located in the southern region
of the United States, and provides technical
assistance to communities. The center, he noted,
has expanded its efforts beyond the Southern
States to include projects conducted in Nigeria
and with Native American and Hispanic
communities. He also added that he hopes the
subcommittee will develop the most effective
community participation process possible.
Ms. Annabelle Jaramillo, Citizens'
Representative to the Office of the Governor of
Oregon, spoke about her long-standing interest
in issues associated with environmental justice.
Stating that a council on environmental justice
recently had been established in Oregon, she
noted that the governor of Oregon, Mr. John
Kitzhaber (D), is interested in addressing issues
associated with environmental justice and
improving understanding among state agencies
of the principles associated with environmental
justice.
processes and methods of improving public
^"participation would be developed. Ms. Ramos
encouraged the members of the subcommittee to
work together to "stop the abuse of poor
Communities."
3.0 ACTIVITIES OF THE SUBCOMMITTEE
The members of the Public Participation and
Accountability Subcommittee of the NEJAC
discussed various activities of the subcommittee.
They reviewed the minutes of an informal
conference call conducted on November 17,
1997, selected action items and resolutions of the
subcommittee, and selected action items related
to views presented during public comment
periods of earlier NEJAC meetings. The
members also discussed plans for the next
meeting of the subcommittee.
3.1 Review of the Minutes of the Conference
Call of the Subcommittee, November 1997
Ms. Ramos requested that the members review
the minutes of an informal conference call the
subcommittee conducted on November 17,1997.
Copies of the minutes were distributed to the
members of .the subcommittee. The members
then approved the minutes of the conference call,
as written.
3.2 Review of Selected Action Items
Ms. Ramos led a discussion of selected action
items and resolutions that had been agreed upon
during earlier meetings of the subcommittee.
Selected action items are presented and the
members' discussions are summarized below.
Request that NEJAC recommend that EPA
examine its role and responsibility related to the
nuclear weapons production sites of the U.S.
Department of Energy (DOE), particularly the
Savannah River Site (SRS) and the Los Alamos
National Laboratory.
The members agreed that the action item had
been completed with the presentation by a
representative of the U.S. Nuclear Regulatory
Commission (NRC) to the subcommittee about
the public participation processes and procedures
of the NRC. (See section 5.1 of this chapter for a
detailed summary of the presentation.)
Develop a check list for planning and preparing
for the site tours conducted at meetings of the
NEJAC.
In the absence of Ms, Goins, the members of the
subcommittee asked Ms. Cathy McGirl, Tetra
Tech EM Inc. (Tetra Tech), to provide an update
on the action item. Ms. McGirl stated that a
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Public Participation and Accountability Sub
preliminary draft check list had been developed
after discussions among the members during the
May 1997 meeting of the subcommittee. The
check list, she added, should be revised further to
reflect recommendations • made during the
December 1997 meeting. (Section 4.1 of this
chapter presents a detailed discussion of the site
tours conducted by the NEJAC.)
Develop a mechanism or process through which
to invite EPA regional staff to attend and
participate in the entire meeting of the NEJAC.
Mr. Robert Knox, EPA OEJ and Acting DFO of the
Executive Council of the NEJAC, informed the
. members that a letter inviting EPA regional staff
to participate in the meetings of the NEJAC had
been developed in response to recommendations
made during the May 1997 meeting of the
subcommittee. Several members made positive
comments about the increased representation of
EPA staff at the meeting, noting that they were
pleased that Mr. Fred Hansen, the EPA Deputy
Administrator, was scheduled to participate in the
meeting of the NEJAC's Executive Council on
December 10,1997.
Follow-up on an earlier recommendation to
schedule a future meeting of the NEJAC in Puerto
Rico.
The members agreed that the issue.had been
addressed because the members of the
Executive Council were to vote on future locations
for NEJAC meetings; one of the options under
consideration was Puerto Rico. (See section 4.4
of this chapter for a discussion of the possible
scheduling of a meeting in Puerto Rico.)
Recommend that OEJ translate all documents
into Spanish and identify a Spanish-speaking staff
member to respond to calls received on NEJAC's
toll-free telephone number.
Ms. Settle reported that a member of the staff of
OEJ is responding to calls and inquiries from
Spanish-speaking callers. Ms. McGirl also noted
that a Spanish translation of the model plan had
been completed; copies had been distributed to
participants in the NEJAC meeting. Executive
summaries of meeting reports also are available
in Spanish, she added.
Develop a process or a model through which to
encourage the early involvement of the public in
EPA decision making; the task includes
identifying processes that already exist, as well as
legal requirements, and determining what tools
could be developed to improve the processes.
Ms. Ramos stated that work had been completed
on a preliminary draft of a resolution that
recommends that EPA modify its public
participation processes to require the early
involvement of members of the public in decision-
making processes. After discussion among the
members, the resolution was forwarded to the
Executive Council of the NEJAC for
consideration. (Section 4.3 of this chapter
summarizes the discussion about the
development of a public participation process.)
Develop a report that analyzes and critiques the
process of, and identifies the lessons learned
from, several NEJAC-sponsored public
participation activities, including the site tours,
satellite downlinks at public comment periods, the
public dialogues on urban revitalization and
Brownfields, and the enforcement roundtable
meetings.
The members identified several
recommendations to further improve site tours
and public comment periods conducted during
meetings of the NEJAC. (See sections 4.1 and
4.2 of this chapter for discussions and
recommendations about site tours and public
comment periods.)
Develop methods to ensure the participation of
local community organizations in public comment
periods sponsored by the NEJAC.
The members agreed that the action item is an
ongoing priority for the subcommittee., Ms.
Annabelle Jaramillo, Citizens' Representative to
the Office of the Governor of Oregon, also noted
that the conduct of public comment periods will
improve when the recommendations put forth by
members of the subcommittee are implemented.
Developing guidelines for individuals who present
comments to the NEJAC will enhance
participation by community organizations, she
added. (See Section 4.2 of this chapter for a
detailed discussion of public comment periods
sponsored by the NEJAC.) . .
Explore potential options for translating the model
plan into languages other than English.
The members agreed to explore options for
translating the document into Chinese, Korean,
Japanese, or Vietnamese.
Durham, North Carolina, December 9,1997
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Public Participation and Accountability Subcommittee
National Environmental Justice Advisory Council
"Develop a strategy to move forward with
'^Implementing ihejrJocfel plan through the activities"
of the other subcommittees of the NEJAC.
Mr. Knox commented briefly on the success of the
model plan, adding that OEJ had received many
requests for the document, from both within and
outside EPA. Citing as an example the
Environmental Justice Enforcement Roundtable
Meeting scheduled for December 11 through 13,
1997 at North Carolina Central University in
lP urharo,. North Carolina, Mr. Knox stated that the
i^^eli plan was Being used widely for planning
meetings that involve members of the public. He
stated, and the members agreed, that the. other
subcommittees of the NEJAC are implementing
the rrjodel plan. It was agreed that no further
action on the item would be necessary. (Section
;£j3.f ,f>f ttii's chapter summarizes discussions of the
'i:i]s^bcommittee aEgut revisions in the model plan.)
-Public Participation Resolution No. 3:
• Recommend that the NEJAC urge the formal
'^adoption of the model plan for public participation
by the Administrator of EPA lor implementation
throughout EPA and the Interagency Working
Group (IWG) on Environmental Justice.
Ms. McGirl informed the members that a formal
letter of transmtttal for the resolution had been
prepared for the signature of Mr. Haywpod
turrentine, Laborers' District Council of Education
and Training Trust Fund (an affiliation of the
Laborers International Union of North America)
and chair of the Executive Council of the NEJAC
at the December 1997 meeting.
11 IN i
3.3 Review of Selected Action Items From the
Public Comment Periods of Earlier
Meetings of the NEJAC
that meeting, the members had agreed to dp so,
she said.':
At the request of Ms. Ramos, Ms. McGirl provided
an overview of the .decision, made by the
subcommittee during its December 1996 meeting
to conduct a review of action items identified
during public comment periods of the NEJAC.
The members, she said, had agreed to take
responsibility for monitoring follow-up on such
action items as a means of improving the
accountability of the NEJAC in responding to and
tracking action items identified during public
comment periods. Ms. McGirl added that, at the
May 1997 meeting of the subcommittee, Mr.
Turrentine, acting chair of the subcommittee, had
suggested that the members focus their attention
on action items related to public participation. At
Ip reply to a question from a member of the
audience, Mr. Knox then reviewed the NEJAC's
current process of responding to and tracking
action items identified during public comment
periods. Noting that the processes were
discussed during the training session conducted
for newly elected members of the NEJAC on
Novembers, 1997, OEJ, he confirmed, follows up
on every action item, regardless of which EPA
office or region is responsible for preparing the
response. He added that all action items from
public comment periods are forwarded to the EPA
Administrator.
At the urging of Mr. Robert Holmes, The Southern
Center for Studies in Public Policy, Clark Atlanta
University, trie members of the subcommittee
then reviewed 'the list of action items. After
additional discussion by the members, they
agreed that the subcommittee would review
neither those action items assigned to other
subcommittees of the NEJAC nor those that were
not related to public participation.
Ms. Ramos asked Mr. Knox to talk briefly about
his participation in meetings about the application
of the Shintech Corporation for a permit to build a
polyvinylchloride (PVC) facility in St. James
Parish, Louisiana. In response, Mr. Knox
described recent meetings that included staff of
state agencies, representatives of the Shintech
Corporation, members of the community who
oppose the building of the facility, and members
of the community who support the building of the
facility. The situation is 'Very difficult," he
acknowledged, and will be difficult to resolve. It
appears, he commented, that the industries
located in thg community are in compliance with
federal regulations; he added, however,'that there
are numerous industries currently located in the
area.
During the discussion, several members of the
subcommittee also identified recommendations
for improving the process by which the NEJAC
conducts its public comment periods. (Section
4.2 of this chapter summarizes the discussion
about improving the public comment periods of
the NEJAC.)
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National Environmental Justice Advisory Council
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3.4 Revisions of the Model Plan for Public
Participation
The members discussed the need to incorporate
revisions into the model plan for public
participation during a future meeting of the
subcommittee. Emphasizing'that the document
does not provide a tool for public participation
processes and procedures for decision making,
Ms. Ramos recommended that the title be revised
to reflect more accurately the purpose of the
document. A change of title to 'The Model Plan
for Public Meetings," she stated, would better
represent the purpose of the document. In
addition, Ms. Jaramillo suggested that, as
discussed by the members of the subcommittee,
the guidelines for public comment periods
sponsored by the NEJAC be added to the
document. (See Section 4.2 of ihis chapter for a
detailed discussion of the recommendations of the
subcommittee for improving public comment
periods conducted by the NEJAC.)
After further discussion by the members, Ms.
McGirl suggested, and the. members agreed, to
add discussion of revisions of the model plan to
the agenda for the next scheduled meeting of the
subcommittee. The members agreed that, once.
the document had been revised, the
subcommittee would forward it to the Executive
Council of the NEJAC for review and approval.
3.5 Planning for the Next Subcommittee
Meeting
Expressing his disappointment that the
subcommittee had not met more often in 1997,
Mr. Frank Coss, Comite Timdn Calidad Ambiental
de Manati (COTICAM), recommended that
members of the subcommittee agree to schedule
more meetings and conference calls in 1998. To
be effective in addressing issues related to public
participation, the subcommittee, he stated, must
meet more than twice a year. He also
recommended that meetings of the subcommittee
during a NEJAC meeting be extended to more
than a single day to allow the members more time
to discuss items on the agenda. Ms. McGirl then
provided information about a decision made by
the members of the Protocol Committee of the
NEJAC to schedule meetings of the NEJAC's
subcommittees for a single day,, rather than for
two days. When the subcommittee meetings
were scheduled for two days, she explained, they
often ran over schedule and delayed the start of
the public comment period. The members of the •
Protocol Committee, she said, had decided that
the best option for addressing the problem was to
schedule one full day for the meetings of the
subcommittees.
Mr. Coss then proposed that meetings of the
subcommittee include public comment periods.
Mr. Knox replied that a formal period could be
scheduled, but he suggested that the members
also continue to allow comments and questions
from members of the audience throughout the
meeting. The members agreed that, during the
next scheduled conference call or meeting of the
subcommittee, they would discuss further the
suggestion made by Mr. Coss.
After additional discussion among the members
about the agenda of the current meeting of the
subcommittee, Ms. Jaramillo suggested that the
members set priorities among items proposed for
the agendas of future meetings. The members
agreed to do so during the conference calls that
are conducted before the meetings take place.
The members also discussed the number bf
speakers that should be invited to make
presentations at meetings of the subcommittee,
agreeing that perhaps no more than one or two
speakers be invited.
4.0 ISSUES RELATED TO PUBLIC
PARTICIPATION AND ACCOUNTABILITY
This section summarizes the subcommittee's
discussions of issues related to public
participation and accountability, as those issues
affect concerns about environmental justice.
4.1 Planning of NEJAC Site Tours
Ms. Ramos opened the discussion by asking Mr.
Knox to explain for the new members how the
NEJAC plans its site tours. Describing the steps
in planning and conducting site tours, Mr. Knox
emphasized that the tours are planned by
members of local task forces who represent the
communities in which site tours are conducted, as
well as representatives of OEJ and the EPA
region in which the meeting is held. He also
noted that members of the task force that had
planned the event for the December 1997
meeting were a more diverse group of
stakeholders than task forces established for
previous meetings had been. Mr. Knox referred
to EPA's Small Grants Program, stating that the
program had helped EPA to identify a number of
community groups located in the Raleigh-Durham
Durham, North Carolina, December 9, 1997
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Public Participation and Accountability Subcommittee
National Environmental Justice Advisory Council
area! In response to the questions of some of the
new members, Ms. McGirl added that the purpose.
of the site tour is to educate members of the
NEJAC about issues related to environmental
justice in the community and to provide members
a better point of reference for and understanding
of issues expected to be brought up during public
comment periods.
Several questions were asked about the way in
which sites are selected for inclusion on the tour.
Members of the task force select the sites to be
Visited, Mr. Knox confirmed, adding that the task
force typically selects sites that represent the
niost contentious and problematic issues facing
the local community. Ms. Jaramillo then asked
whether there is a significant agricultural
community in the Raleigh-Durham area. Mr.
Knox reported that the Raleigh-Durham area does
. IB1!;, hot,, include agricultural communities. He
acknowledged^ however, the problems associated
with hog farming in the state of North Carolina,
noting that the issue had been raised during the
public comment period on the previous evening.
The site tour conducted on December 8,1997, he
observed, had been one of the best tours
conducted during a NEJAC meeting.
i i,' " .'#.':.'.ISBI.•..'';.'• '!•'>.„ .'SIX .Vs! " ,.'•". V: •':; <:l,i.• •, : /',:
Ms. Ramos, voicing her concern about site tours,
wondered whether visits by members of the
NEJAC give communities false expectations that
the NEJAC can solve their problems. In
response, Mr. Knox referred to the site tour
conducted during the Enforcement • and
Compliance Assurance Roundtable in San
Antonio, Texas in October 1996. After the
meeting, he stated, the Texas Natural Resource
Conservation Commission (TNRCC) did not
approve the expansion of the Browning-Ferris
Industries solid waste landfill located in a
community that had been one of the sites visited
during the site tour. There are instances, he said,
when visits by the NEJAC can help communities.
t'be.jpembersjbfthe subcommittee, as well as
members of the audience, discussed several
recommendations for increasing the effectiveness'
of site tours. Mr. Co ss suggested that the NEJAC
invite staff and local officials, as well as other
officials as appropriate, to participate in site tours
and to discuss with the members of the NEJAC
any issues the tours bring to the fore. Ms.
Jaramillo agreed, stressing the need to ensure
that individuals making decisions related to a site
participate in site tours. She also suggested that
the members consider the merits .of inviting a
member of the NEJAC, if local to the area in
which a meeting of the NEJAC is held, to submit
a guest column to local newspapers. In addition,
Ms. "R1 arnbs suggested that the subcommittee
invite members of communities to prepare a
press release and offer to assist the community in
doing so. The members also discussed a
recommendation made by Mr. Delbert DuBois,
Four Mile Hibernian Community Association, to
prepare letters to various interested parties in
conjunction with the conduct of site tours. The
members agreed that the following letters be sent:
• A letter from the NEJAC to members of the
community, inviting the community merhBers
to participate and assist in the planning of the
site tour .............
• A letter from EPA .regional staff to
representatives of state and local
governments and of industry, and to other
appropriate individuals, inviting them to
participate and assist in the planning of the
site tour
• A letter from the NEJAC to representatives of
local media, which will include a fact sheet
about the NEJAC
,:v si •'•:,'', i1. LV i jv.vi'-. .."« .i;fii''^<'
• A letter from the chair of the NEJAC to
representatives of state and local agencies
and of industry, and to other organizations, i
summarizing the concerns and issues raised
by communities during the site tour.
Referring to the six-hour site tour of the previous
day, Mr. Holmes also recommended that the
duration of future site tours be limited to no more
than four hours. The members agreed to forward
that recommendation to the Protocol Committee
of the NEJAC for consideration.
Ms. McGirl distributed a draft check list for site
tours developed to incorporate recommendations
made by the subcommittee during its May 1 997
meeting. Ms. Jaramillo suggested that the
recommendations identified during the current
discussion be added to the draft check list.
Observing that site tours conducted by the
NEJAC have improved greatly, Mr. Knox stated
that there are lessons to be learned after each
site tour. The check list, he said, will be updated
continually as the process of planning and
conducting site tours improves. Agreeing, Ms.
Ramos added that she was very satisfied with the
site tour and had seen much improvement during
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National Environmental Justice Advisory Council
Public Participation and Accountability Subcommittee
the three previous meetings of the NEJAC that
she had attended.
4.2 Public Comment Periods of the NEJAC
Ms. Jaramillo opened the discussion by
recommending that the subcommittee review the
process of conducting public comment periods
during meetings of the NEJAC. The
subcommittee, she stated, should ensure that
individuals who present comments to the
Executive Council of the NEJAC fully understand
the scope of the authority of the NEJAC and
understand that the members cannot resolve all
the problems that are brought before them.
Referring to discussions among the members
during the conference call conducted on
November 17, 1997, she encouraged the
subcommittee to prepare guidelines or "helpful
hints" for commenters to assist them in their
presentations. Such guidelines, she said, should
define clearly for the commenters what the
NEJAC can and cannot do in response to issues
raised during public comment periods. The
subcommittee, she added, also should discuss
the possibility of structuring the public comment
periods so that they will be more useful to the
people who present comments.
Citing the need to ensure accountability in the
conduct of public comment periods, Ms. Ramos
observed that she considers it a problem that
members of the NEJAC do not have the power to
act. in response to particular cases. People who
present their concerns to the NEJAC, she
stressed, believe that the NEJAC can help them.
She also noted her,discomfort at hearing again
from people who had presented their cases to the
NEJAC during earlier meetings. Mr. Coss
agreed, adding that he had experienced his own
frustration that issues he had brought before the
NEJAC remain unresolved. The role of the
NEJAC, he emphasized, "is not to listen to
commenters, then ignore them."
Commenting on some of the issues presented
during the public comment period conducted on
December 8,1997, Ms. Jaramillo noted that the
packet of materials prepared for the meeting had
included a follow-up response to one commenter
who also had presented concerns during the May
1997 meeting. The members of the NEJAC, she
pointed out, had been somewhat "lax" because
they had not reviewed the materials before the
public comment period began. She added that
materials sent to the members of the NEJAC in
November 1997 had included copies of
responses that had been sent to commenters.
Members of the NEJAC must be held more
accountable in reading the material prepared for
them, Ms. Jaramillo added.
A member of the audience, Ms. Charlotte Keys,
Jesus People Against Pollution, expressed her
extreme displeasure with the structure of the
public comment periods. The NEJAC, she
declared, should be more flexible in conducting
public comment periods. She also criticized the
NEJAC for the conduct of the Executive Council
meeting on the morning of December 8, 1997.
The conversations, she stated, had been limited
to the members of the Council, with members of
the audience given no opportunity to ask
questions. Ms. Keys observed that it would have
been helpful to have been able to ask questions,
of the speakers who made presentations to the
1 NEJAC. She also stated her displeasure about
the sign-up procedures for public commerit
periods. Declaring that she had not been asked
to specify whether she preferred to make
comments during the publip comment period on
December 8 or December 10, 1997, Ms. Keys
expressed her frustration that she was "put on the
back burner."
In response, Mr. Holmes displayed a copy of the
sign-up form for public comment periods, pointing
out that the single-sheet form allows people to
choose the day on which they wish to present
comments. The NEJAC, he said, could not make
the form easier to use. Ajso responding to Ms.
Key's comment about the lack of opportunity to
-ask questions of members or speakers during the
meeting of the Executive Council of the NEJAC,
Ms. Ramos suggested that comment cards' be
made available ,to participants to allow them to
ask questions of both members and speakers.
The cards, she added, should be made available
at the registration table.
Ms. Jaramillo then'suggested that the members •
focus their attention on what can be, done to
improve the process. She began by
recommending that the NEJAC should better
inform commenters that the issues they raise
during public comment periods are often very
complex and their resolution might take some
time. Commenters should not expect an
immediate response, she stated. Mr. Holmes
then suggested that the NEJAC specify that only
one representative of an organization present
public comments. Referring to the large number
of people representing Concerned Citizens of
Edgecbmbe County II who presented comments
Durham, North Carolina, Decembers, 1997
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Public Participation and Accountability Subcommittee
National 'Environmental Justice Advisory Council
during the public comment period
~8, 1997, he stated that he thought such
'•'•''. ".• '••• '•' •>• 'Icircurnstanc'es'11 ""unfair to'' other"' commenters
because that one group then "monopolizes the
time available to everyone." AH commenters
present, he emphasized, should be given an
opportunity to express their concerns.
11 ',• Ji I'" • .• ; - ,;.*:'::' " ,'. , ••!, i II' i • •.' '•: ••!•' '•'(. i;r:< '' ; •« V ;...•!•..
The members then discussed theLdevelopmerit of
brief guidelines to be made available to people
who sign up to make comments during public
comment periods. Ms. Jaramillo summarized the
',|(i; '. : ' ^i^^pnj^nfjrTning.that the guidelines will
include a description of the mission and authority
of the NEJAC that identifies what the Council, can
and cannot do, general instructions for signing up
to speak and presenting comments, and a notice
that informs commenters that they will be limited
to no more than five minutes. The guidelines, she
suggested, also should include a simple flow
chart of the process conducted to follow up on
issues raised during public comment periods.
4.3 Development of a Public Participation
Process. ' ' , ,
'"'!',',, ' ,"" , " ,?„ ' , '":'„'. " ' , ''• ' ' ,'
Ms. Ramos opened the discussion by reiterating
that ^PA must encourage the early involvement
of the public in its decision-making procedures.
She emphasized the concern e_xpressed earlier
by members of the subcommittee that members
of communities are not participating in decisions
that affect them. Referring to the discussion of
the issue that tppk place during meetings of the
subcommittee in April and May 1997, she cited
the need to develop a tool for the process of
public participation. She recommended, for
example, that EPA's public hearing process be
changed to require that EPA invite all
stakeholders to participate in initial meetings,
during which decisions are made. Communities
also should be invited to participate in the
permitting process as soon as representatives of
industry decide to construct a factory or plant, she
added. , -
The members of the subcommittee agreed to
forward tothe ExecutiveiCouticilbf the NEJAC for
consideration a resolution about developing a
public participation process.
4.4 Identification of Technical and Other
''I,,' il, !:«!,ll Al ,'!«iil", i:H,!;l! , '. "^'lllillll1! I,,:'11 i " •'. I II111!1!' 1.. V, virr !'! :, "' !i. >
Resources to Assist Communities
Emphasizing that members of communities often
need technical and legal assistance with cases
that proceed to court action, Ms.""Ramos
recommended that the members identify the
technical and other types of resources available
to communities. She referred to the presentation
of Mr. Allen Dearry, National Institute of
Environmental Health Sciences (NIEHS), who
presented remarks during the public comment
period on December 8,1997. Communities, she
said, will be glad to learn of resources that are
available through NIEHS. Ms. Ramos also
volunteered to request of Mr. Dearry additional
information about resources available from
NIEHS that would be useful to communities.
Ms. Jaramillo, calling the members' attention to
extension programs available through the land-
grant universities, suggested that the members
explore the kinds of technical assistance that can
be obtained through such programs. She
recommended that the members begin to identify
resources available in their own states; the
information, she added, then could be compiled
into a comprehensive list of technical and other
types of resources available to communities.
4.5 NEJAC Meeting in Puerto Rico
Reiterating the frustrations expressed earlier by
members that no NEJAC meeting had been held
in Puerto Rico, Ms. Ramos discussed the serious
environmental problems there that warrant a visit
by the members of the NEJAC. It is an insult, she
stated, that EPA and other government agency
officials consider Puerto Rico a "resort locale."
Ms. McGirl pointed out to the members that the
Executive Council of the NEJAC will be voting on
locations at which to hold future meetings of the
NEJAC. She confirmed that Puerto Rico is listed
on the ballot. Both Ms. Ramos and Mr. Coss
noted that they had been pleased to learn that
members of the Executive Council were to have
an opportunity to select Puerto Rico as the
location for a meeting of the NEJAC. They
encouraged the members to support a vote in
favor of Puerto Rico. Mr. Coss then emphasized
that communities in Puerto Rico would welcome
the NEJAC; he added that there are more than
130 environmental organizations in ' the
commonwealth that would support and participate
in the meeting.
the discussion was concluded with an agreement
among the members to recommend to the
Executive Council that the next enforcement
roundtable meeting be held in Puerto Rico.
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National Environmental Justice Advisory Council
Public Participation and Accountability Subt
4.6 Establishment of Requirements for Public
Participation Applicable at the State Level
Mr. Holmes opened the discussion by reviewing
a draft resolution recommending that EPA require
any state given responsibility for cleaning up sites
that are included on the National Priorities List
(NPL), a list of the most seriously contaminated
hazardous waste sites identified for possible long-
term remedial action under the Superfund
program, to establish an acceptable public
participation program. The resolution, he said, is
intended to address the potential delegation to
state governments of authority for cleanup of NPL
sites. Several members and presenters had
expressed concern that the establishment of state
voluntary cleanup programs (VCP), a formal
means established by many states to facilitate
assessment, cleanup, and development of
potentially contaminated sites that are not on the
-NPL, will negate federal requirements that the
public be involved in decisions that affect the
cleanup of NPL sites. State governments, Mr.
Holmes emphasized, must be required to
maintain public participation processes.
Following discussion among the members, Mr.
Knox recommended that the resolution be revised
as an action item and forwarded to the members
of the Waste and Facility Siting Subcommittee for
their review and comment. The members agreed
to do so, and agreed as well to follow up on the
issue with members of the Waste and Facility
Siting Subcommittee. (Sections 4.6, 5.2, and 5.3
of this chapter summarize discussions about the
potential shifting of responsibility for cleanup of
sites from the federal government to state
. governments.)
5.0 PRESENTATIONS
This section summarizes the presentations made
to the Public Participation and Accountability
Subcommittee.
5.1 Public Participation Processes and
Procedures at the U.S. Nuclear Regulatory
Commission
Mr. Francis Cameron, NRC Office of the General
Counsel" (OGC), presented information about
public participation processes and procedures
that the NRC, the federal agency responsible for
the licensing of nuclear power plants, uses to
involve members of the public in making
decisions. Exhibit 7-3 presents background
Exhibit 7-3
BACKGROUND INFORMATION
ON ISSUES RELATED
TO NUCLEAR WEAPONS
PRODUCTION SITES
Ms. Azania Heywood James, Citizens for
Environmental Justice, submitted written
testimony to be read into the record of the
Executive Council of the National
Environmental Justice Advisory Council
(NEJAC) during its May 1997 meeting. The
testimony requested that the NEJAC examine
the role and responsibility of the U.S.
Environmental Protection Agency (EPA) related
to the U.S. Department of Energy's (DOE)
nuclear weapons production sites, particularly
the Savannah River Site (SRS) in South
Carolina and a site in Los Alamos, New Mexico.
In her letter, Ms. James stated that stakeholders
having concerns related to environmental issues
had not been included in the discussion and
decision-making processes related to such
facilities. She also expressed concern that an
affected community in Savannah, Georgia is
located downstream of SRS and a number of
chemical companies. Requesting the assistance
of the NEJAC, she stressed the need to address
health effects related to exposure to low-level
radiation.
The issues raised by Ms. James were referred by
the members of the Executive Council to the
Public Participation and Accountability and
Enforcement subcommittees to gather additional
information.
information about issues related to nuclear
weapons production sites, as presented by a
public commenter during the May 1997 meeting
of the NEJAC. Stating that past efforts of NRC to
involve the public had proven ineffective, Mr.
Cameron shared information about the origins of
the public participation program' at NRC. He
expressed his appreciation for the opportunity to
discuss with the subcommittee the progress NRC
had made to more effectively involve communities
in decision-making processes.
After briefly describing the regulatory activities of
NRC, Mr. Cameron identified two aspects of how
NRC's effort to involve the public, noting that
members of the public are invited to comment on
Durham, North Carolina, Decembers, 1997
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Public Participation and Accountability Subcommittee
National Environmental Justice Advisory Council
'.i iL;'i;
and participate in the development of general
policies and to participate in decisions related to
the regulation of nuclear facilities located in their
communities. Mr. Cameron also pointed out that
hg views public participation as a different, less
Adversarial process than what is commonly
' feferred to as "adjudication." "The NRC is
i'coMrhjttedto involving the public in a more
i constructive manner than those related to
adjudication procedures, he stated.
The NRC, he continued, is learning from its past
mistakes. Qitjng the failure'in 1991 of a
;|^e'igQla1ory']ppiic^'Ses!igned to set general levels to
11 "wfficB nuclear facilities must be cleaned up before
they can be released to the community for
unrestricted use, Mr. Cameron stated that the
policy failed because NRC did not include the
public in the decision-making process. The
policy, he said, provoked a "firestorm of outrage
across the U.S.," especially at the grassroots
level. Numerous state and local laws' to prohibit
the application of the policy were passed. He
=;reported that the Q.S. Congress eventually
enacted a law that removed the policy "from the
books." There had been no real dialogue among
NRC and the affected parties, he continued,
noting the wide gulf that had existed between the
communities and NRC. Mr. Cameron added that
the NRC also learned thatJt had no established
network with grassroots organizations. That lack,
he said, prevented the NRC from identifying and
working with various community-based
^"'organizations.
Mr. Cameron then described several steps the
""NRC had taken to establish a good public
5il 'participation policy. Seven" regional workshops
across the U.S. had been conducted, at which
irrepreseritatives of affected parties were invited to
discuss the rule-making process related to
developing the" policy. Noting that the NRC had
experienced some early problems in identifying
environmental justice organizations to be invited
to participate in the workshops, Mr. Cameron
confirmed that representatives of environmental
justice organizations had participated in most of
the workshops. During the workshops, he said,
", |, efforts "had" been made to i solicit comments from
^ ^ public; those efforts, he added,
iricludedsmali group discussions. Mr. Cameron
then stated that an issue paper had been
developed that served as a education document
for the public and defined, in layman's terms, the
issues associated with the policy. He noted
further that the NRC had played a neutral role and
had not taken a position on the issues and
Hi i
concerns raised about the policy. That approach
had been a marked improvement, he continued,
over the defensive attitude the agency had
displayed and strongly asserted views it
expressed during the 1991 attempt to develop a
similar policy. Highlighting the .success of what
he referred to as "shirt-sleeve sessions" held on
the evening before each workshop, Mr. Cameron
stated that the sessions had been an informal
method NRC used to encourage members of
communities to voice their concerns related to the
regulation of nuclear power. He confirmed his
interest in identifying additional environmental
justice organizations to be invited to participate in
the rule-making and decision-making processes
at nuclear sites.
Referring to the preparation of environmental
impact statements (EIS) at nuclear facilities, he
informed the members of the subcommittee that
the NRC wishes to link issues associated with
environmental justice to the EIS process. If a
licensee or owner of a site proposes to leave
material on site and to restrict use of the site, he
stated, the NRC conducts community information
roundtable meetings. The meetings, he noted,
bring together all stakeholders, groups that may
include representatives of EPA, state and local
governments, community organizations, and labor
unions, to begin discussing the scoping of the
EIS. He explained that the roundtable meetings
serve several purposes:
Defining the responsibilities of all
stakeholders so that all understand the
• number of regulations that may be applicable
to a particular site
Describing the status of the cleanup effort at
the site
Explaining the fundamentals of radioactivity
and protection from nuclear risks
By the time the EIS has been prepared, he stated,
communities often are comfortable with the
regulators and believe they have been provided
with information about what is taking place at the
site.
Mr. Cameron also discussed briefly a new rule
that requires licensee or owners of a site who
wish to release the site to the community for
restricted use to establish what the NRC refers to
as a "site-specific advisory board." Explaining
that the purpose of site-specific advisory boards
is to solicit the opinions and comments of all
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Durham, North Carolina, Decembers, 1997
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National Environmental Justice Advisory Council
Public Participation and Accountability
vite
stakeholders about how restrictions should be
established for a site, Mr. Cameron added that no
sites have yet come under the new rule. He
added, however, that the Sequoia Fuel Site in
Oklahoma may be the first site required to comply
with the new rule.
Summarizing the lessons NRC learned through its
efforts to improve its public participation
processes, Mr. Cameron added that the NRC
must work harder to educate communities about
issues related to basic radiation and nuclear
regulatory issues. Emphasizing the importance of
starting early to solicit the participation of
communities, he noted that publicparticipation is
often an afterthought. He also recognized the
need for additional funding and staff resources to
facilitate effective contacts with communities.
The NRC, he continued, also experiences
difficulty in applying standards and processes
consistently among its offices. Collaboration with
communities is often a new area for the staff, he
said, adding that NRC plans to provide training for
managers to assist them in dealing effectively and
positively with communities. Mr. Cameron
concluded his presentation by remarking that
there are occasions when communities, frustrated
and angry because the NRC makes decisions
that they -disapprove of, criticize the public
participation processes of the NRC and claim that
the process does not work. That conclusion is not
necessarily true, he stated, declaring that the
agency sometimes, makes decisions that do not
please all affected parties, regardless of how'
much involvement the public had in the decision-
making process.
Mr. Coss asked whether the NRC introduces the
concept of environmental justice and issues
related to it during the meetings it sponsors. In
response, Mr. Cameron confirmed that staff of the
NRC specifically discuss environmental justice
issues, including the terms of Executive Order
12898 on Environmental Justice. The staff also
solicit information from participants about issues
or concerns that exist in the community that NRC
should address, he added.
Ms. Elisabeth Evans, EPA Region 8
Environmental Justice Coordinator, then inquired
whether the NRC had studied sites for which
permits had been approved to determine whether
past decisions had been, affected by the
demographics of the sites. Reporting that the
NRC continues to consider the effects of
permitting decisions on affected communities, Mr.
Cameron stated that he did not have enough
information to specifically confirm or deny that
decisions made by the NRC had varied,
depending on the demographics of sites. Ms.
Evans then agreed to send to Ms. Settle a copy of
a EPA report to be distributed to Mr. Cameron
and the members of the subcommittee that
describes the results of a review conducted by
EPA of past permitting decisions and the effects
of community demographics on those decisions.
In response to the concern expressed by a
member of the audience about a lack of trust
between communities and federal agencies, Mr.
Cameron emphasized that the NRC is making an
effort to regain trust among communities that was
lost because of the agency's past mistakes. Mr.
Holmes agreed, citing his experience with a
project undertaken at the U.S. Army's Rocky
Mountain Arsenal. That project, he said, is an
example of the worst approach a government
agency can take. Citing the secretive nature of
the decision-making process the Army undertook
at the site, Mr. Holmes noted that the community
had not been involved and had not been informed
before cleanup activities began.
Mr. Holmes then suggested that the NRC also
consider how it explains • decisions to
communities. Referring to Mr. Cameron's earlier
remark about communities that are unsatisfied
with decisions made by the agency, he
recommended that the NRC explain to the public
the factors that affect decisions and present the
reasons the views or recommendations of the
community might not have affected the decision.
Communities, he stated, need to understand
those reasons. Agreeing, Mr. Cameron
acknowledged that it is sometimes difficult to
explain decisions to Communities because
communities sometimes do not understand the
limited scope of the authority of the NRC. The
NRC is taking steps to make the decision-making
process "transparent to.all stakeholders," he said.
Commenting that the NRC might be "reinventing
the wheel" to develop a public participation
process, Mr. Holmes then recommended that the
agency consider using models already developed
and in use by other agencies.
Ms. Leslie Leahy, EPA Office of Emergency and
Remedial Response (OERR), asked whether the
NRC provides training and technical assistance to
local communities. Conceding that the NRC had
not made as much progress as some other
agencies, Mr. Cameron replied that the agency
provides technical assistance grants (TAG) to
communities. He referred to a report the NRC
Durham, North Carolina, December 9, 1997
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Public Participation and Accountability Subcommittee
National Environmental Justice Advisory Council
was preparing on methods of improving public
participation. The report should be completed
/•within the next few months," he added, noting
that he would provide copies to Ms. Settle for
distribution to the members of the subcommittee.
Rfferring to issues affecting cleanup of DOE's
Hanford Site near Flichiand, Washington, Ms.
JaramHIp suggested that the NRC apply the newly
developed public participation process in
addressing the issues and concerns of the
members of the community affected by decisions
about that site. The community, she emphasized,
is "up in arms" about the nuclear facility.
Mr. Turrentine, commenting on a recent article in
the Engineering News Record, asked Mr.
Cameron if he had any additional information
about issues related to DOE contractors who are
•rJjfetreattng from the remediation business because
they are reluctant to continue taking on the high
risk associated with the cleanup of facilities
co'iitaifiinated with nuclear waste. Mr. Cameron
replied that, while he was familiar with the issue,
he had no additional information to provide; he
agreed, however, that contractors are less willing
to deal with the liability issues associated with
such sites.
, •' i '.'. ,i ; • , n,|; | i • ,i ' 'i,,1 '. .'. j'ii:' . I '. ,
Ms. Mildred McClain, Citizens for Environmental
Justice and a member of the International
Subcommittee of the NEJAC, expressed concern
';:;:' about" the.' communities affected" "by DOE's"
Savannah River Site near Aiken, South Carolina.
She stated that DOE "seems to have a proclivity1
to exclude affected communities from
involvement in decisions about activities at its
sites and inquired how the NRC ensures that
members of the public are involved in those
"f^ci^n-rnaking processes. She also asked what
"!'''rn'ecrjanisms'1are' in place to ensure that the NRC
replies in a timely manner to questions raised by
p^fiirfiuhitjes. ."Jn^his response, Mr. 'Cameron
Explained that mechanisms are in place to ensure
public participation, but he emphasized that the
NRC does not have jurisdiction over DOE sites.
Referring to a pilot project underway at a few
! DOE facilities, such as the Lawrence Berkeley
"National'Laboratory in Berkeley, California, he
explained that the purpose of that project is to test
whether the NRC should regulate those facilities.
The agency i he continued, is gathering
information about the manner in which local
communities should be involved in decision-
making processes at DOE sites. Some of the
activities NRC is conducting, he explained, are
identifying stakeholders; describing the pilot
project; soliciting comments from stakeholders;
and providing stakeholders with opportunities to
comment on the inspections. He emphasized,
however, that the pilot project is a "mock
regulatory activity" and is not the "real thing." Mr.
Cameron also agreed that the concerns
expressed by Ms. McClain should be incorporated
in any possible legislation under which the NRC
would assume responsibility for the regulation of
DOE facilities. Mr. Camerdn also thanked Ms.
McCiain for her participation in sessions
conducted by NRC to examine the rule-making
processes of the agency.
The members then discussed how members of
the public can contact and obtain information from
the NRC. Mr. Cameron confirmed that the
agency maintains a site on the World Wide Web
(WWW); he also reported that individuals can
contact the agency on a toll-free telephone line.
Mr. Cameron added that the agency permits
citizens to visit facilities and makes copies of
inspection reports available to the public. Ms.
Ramos, citing the difficulties of grassroots
organizations that do not have much funding,
strongly recommended. tha,t the agency provide
documents to communities free of charge. She
also encouraged the NRC to establish procedures
to ensure the accountability of its public
participationi processes. In response to a
question from Ms. Ramos, Mr. Knox confirmed
that the NRC is a participating agency in the IWG
on environmental justice.
5.2'public Participation'in the Designation"of
Superfund Sites
Noting that the EPA Community Involvement and
Outreach Center (CIOC) is a useful resource for
grassroots organizations," Ms. Ramos introduced
Ms. Suzanne Wells, EPA OERR. Ms. Wells
began her remarks by thanking Mr. Knox for
inviting her to join the meeting of the
subcommittee to talk about the designation of
polluted sites as Superfund sites and to identify
EPA programs in which members of communities
are involved. She then provided background
information about the purpose and activities of
CIOC, explaining that the center addresses
issues associated with Superfund sites and that
the Superfund program has screened more than
40,000 sites to determine which of them should
be recommended for placement on the NPL. The
center, she said, develops programs to involve
communities in the conduct of site assessments.
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National Environmental Justice Advisory Council
Public Participation and Accountability Subcommittee
Ms. Wells went on to describe the phases of
conducting a site assessment as well as
emphasizing that the decision to place a site on
the NPL is a very significant one for affected
communities because members of communities
should be made aware of information collected
during site assessments and informed of the
reasons for placement of a site on the NPL.
Exhibit 7-4 provides a summary of the site
assessment process. She stated, however, that
there is no legal requirement that EPA involve the
community during the preliminary assessment or
the site investigation phases. That fact, she
explained, is a reflection of the enormously high
number of sites that remain to be screened. She
confirmed that 41,000 sites have been assessed
and that 1,400 sites have been placed on the
NPL. In addition, Ms. Wells reported that EPA
had completed construction of remedies at 500 of
the 1,400 sites on the NPL. Ms. Wells also
indicated that EPA assigns staff primarily to NPL
sites, adding that staff also have been assigned to
sites at which EPA is aware of a high degree of
public involvement or to sites that EPA believes
are highly likely to be placed oh the NPL.
Exhibit 7-4
PHASES OF CONDUCTING
A SITE ASSESSMENT
The first phase, the preliminary assessment, is a
low-cost study conducted to review existing
information available from sampling data. The
first phase does not require a visit to the site by
the U.S. Environmental Protection Agency
(EPA). If the results of the preliminary
assessment reveal that additional information is
needed, EPA then conducts a site investigation.
It is during that second phase that a decision is"
made whether to recommend the site for
inclusion on the National Priorities List (NPL).
Using the data collected during visits to the site
and sampling, for example, of soil, groundwater,
and surface water, EPA assesses the
contamination according to the Hazard Ranking
System (HRS), a screening tool that EPA uses to
evaluate the risks posed by a site.
. Identifying the steps EPA takes to involve the
community during the site assessment phase, Ms.
Wells cited the distribution to the community of
fact sheets and the scheduling of public
availability sessions. The purpose of preparing
the fact sheets and conducting public availability
sessions, she stated, is to inform the community
that sampling is being performed at the site and
why that step has been taken. She observed,
and members of the subcommittee agreed, that
communities are often frightened and
apprehensive when EPA staff dressed in "full
sampling gear" arrive to gather samples of the
soil or groundwater. Ms. Wells then briefly
described other methods EPA uses to inform the
public, including news releases and provision of
toll-free telephone lines. She stressed the
importance of following up with the public to
inform them of the results of site investigations.
Ms. Wells also confirmed that EPA is required to
prepare a community involvement plan if it
appears that a site will be proposed for placement
on the NPL. Explaining that staff of EPA interview
members of the community to prepare the
community involvement plan, she noted that EPA
also is legally required to place a notice in the
Federal Register of the inclusion of a site on the
NPL. Adding that the agency uses means other
than the Federal Register to communicate
information, she cited federal requirements to
establish information repositories in communities.
Most of EPA's work with communities, Ms. Wells
emphasized, takes place after a site has been
placed on the NPL. CIOC, she said, focuses its
efforts on involving members of the community
during the review and selection of remedies to
clean up the site. EPA strives, she said, to make
communities aware of the options for cleaning up
a site and to solicit community members' opinions
about what they consider the best of those
options. She then provided to the members of the
subcommittee a list of EPA community
involvement managers in each region,
encouraging the members to contact the
individual manager in their regions.
Ms. Wells then distributed and discussed a form,
the Public Petition Form, that members of the
public can use to petition EPA to conduct a
preliminary assessment of a suspected release of
a hazardous substance at a particular site. The
agency, she confirmed, must conduct a
preliminary assessment within one year of
receiving such a petition.
Referring to communities that'.are poorly
educated, Mr. Coss inquired how EPA assists
communities whose members' lack of knowledge,
particularly of technical issues, prevents them
from presenting their concerns to EPA. In
response, Ms. Weils stressed that the issue is of
Durham, North Carolina, Decembers, 1997
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•"tf&t TWtWiYfS"' I"!"1';'.Ti'lTS^ffl'iil i" tlji','1"!' J 'S"11 r'JM^i'1!. f-. '"S (",
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„ ,..,.. .... ., ... .
Public Participation and Accountability Subcommittee
. . .
National Environmental Justice Advisory Council
great significance to the Superfund program.
Referring to the education of communities as
"building capacity," she described programs that
provide technical assistance to communities to
help the public work more effectively with EPA in
reaching decisions. She cited, as an example,
the TAG program, noting that up to $50,000 can
pe provided under that program to communities
affected by sites on the NPL. The grants, she
explained, enable communities to hire
independent advisors and technical experts to
assist them in understanding technical issues.
The advisors, she said, often assess the technical
information available about a site and prepare
cpmments to be .submitted..to EPA, Communities
also can obtain the assistance of technical
outreach services affiliated with universities
ji!l|l]l r'l'JII, i:'»:;„;, ' • ; I'.t lllSlllr >;,,; ,; .,;• I.Jl, •„•,;•. | 1|, ., ,,.. r;, • „ u •..•!• IT.:'; V •„ ,"!,
throughout the United States, she noted. She
added that EPA is developing short three-hour
courses for communities on such technical issues
as sampling and remedies for cleanup.
Mr. Coss then spoke about Superfund sites in
Puerto Rico, expressing his frustration that
communities are not provided information about
Ihe sites, particularly those located in the Manati
§rea. He requested that EPA provide the
Sdmrnunities with additional information about
those sites. Ms. Ramos endorsed his
observations, adding that there are 10 Superfund
sites in the Manati area. She echoed the
comments of Mr. Coss about the failure of EPA to
involve communities during the decision-making
processes at some of those sites. Ms. Ramos
suggested that Mr. Coss and Ms. Wells meet to
'""discuss details about the specific sites about
,.Mr.', Coss , has,concerns. s ,She ^ajso,
JQ' ,iMir.iiiiCpssJhatil,i'i'he prepare a
resolution expressing his concerns and present
that resolution for the consideration of the
members of the subcommittee during its next
^meeting.
ittiL :::,'', '!, v,' • i 'rL ' * iiiiiinii .. i ,i ' ' »ii :' .„ .'ii'1*," :•' » ' 'f r „ ' 'I,,; iJ1;1!1'1
Responding to the concerns expressed by Mr.
Coss and Ms. Ramos about the number of
Superfund sites in Puerto Rico, Mr. Holmes
observed that it was perhaps unrealistic to expect
that a resolution addressing the issue would have
much effect. Such a resolution, he remarked,
likely would not bring about the "leap-frogging" of
" the sites over those already identified for
placement on the NPL. Clearly, he continued, the
problem is that there are many more times the
number of sites to be assessed than EPA staff
available to do so.
Noting that EPA had been very helpful in
identifying resources, Ms. Ramos nevertheless
stated her concern that EPA is "dragging its feet"
on the placement of government-owned facilities
on the NPL, even though such sites often are the
most appropriate for inclusion. The issue, she
declared, is a very serious one because E'PA's
reluctance to assess the sites prevents members
of the affected communities from gaining access
to TAGs and other forms of technical assistance.
Reporting that only three sites of concern in
Puerto Rico had been placed on the NPL since
1987, Ms. Ramos requested EPA's assistance in
addressing the issue.
In response to questions from Mr. Coss and Ms.
Ramps, MsVWells agreed to request that Ms.
Mary Helen Cervantes-Gross, EPA Region 2
Community Involvement Manager, contact Mr.
Coss to discuss further the issues associated with
Superfund sites and other sites in Puerto Rico
that are suspected to pose a threat to human
health and the environment. Ms. Wells professed
her understanding of the concerns Mr. Coss
expressed about the identification of sites for
inclusion on the NPL and the lack of progress at
those sites. She also confirmed that EPA does
place government-owned facilities on the NPL if
they qualify for placement
In response to an inquiry from Mr. Holmes about
long-range plans for cleanup, she cited the
commitment of President Clinton to complete
construction of remedies at 900 sites by the year
2000. She cautioned, however, that achievement
of that goal depends on adequate funding;
funding for EPA had not yet been approved by the
Congress, she noted.
Stating that the organization he represents is a
recipient of a TAG, Mr. DuBois discussed his
concerns about the risks associated with a facility
located in Charleston, South Carolina known as
the Koppers Site. Members of the nearby
community, he stated, had been informed by
representatives of both federal and state agencies
of leaks of carcinogenic contaminants from the
site into a stre'am that runs through the
community. Mr. DuBois stated that
representatives of the Agency for Toxic
Substances and Disease Registry (ATSDR) had
attended a public meeting, but did not answer the
questions of members of the audience.
Expressing his frustration with the inability of the
community to obtain answers to their questions
and consideration of their^ concerns, Mr. DuBois
asked what procedures the community should
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Durham, North Carolina, Decembers, 1997
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National Environmental Justice Advisory Council
Public Participation and Accountability Subcommittee
follow to obtain those answers, as well as
additional information. He also described
problems the community had experienced
recently with its technical advisor, adding that the
community plans to obtain the services of a
different advisor.
Replying that,she could not comment specifically
on the problems experienced by Mr. DuBois and
the members of his community, Ms. Weils
recommended that he consider establishing a
community advisory group (CAG) to bring
together people concerned about the site. CAGs,
she said, have been very helpful in improving
dialogue between communities and EPA. She
added that CAGs often help bring to the attention
of EPA issues the agency should address. In
response, Mr. DuBois replied that his community
does participate in CAGs, but that the members of
the public continually "come to the table and leave
. without any answers." Ms. Wells then agreed that
it did not appear to her, in light of Mr. DuBois'
comments, that the CAG is working as it should.
The key to success, she said, is collaboration
among all stakeholders. Ms. Ramos then
suggested that Mr. DuBois meet with Ms. Weils
after the meeting of the subcommittee to discuss
his concerns more specifically. She added, that
the frustrations expressed by Mr. DuBois highlight
the problems that arise when government
agencies do not involve the public early in
decision-making processes.
Ms. Ramos then discussed a resolution she had
drafted to address the development of a process
or a model for encouraging the early involvement
of the public in , EPA's decision-making
procedures. She emphasized to Ms. Wells the
importance of involving communities before
decisions are made about sites. She also
encouraged Ms. Wells to support the resolution.
Ms. Wells then recommended that members of
the subcommittee meet with the members of the
Waste and Facility Siting Subcommittee to
address issues related to the designation of
Superfund sites, as well as assessments that are
conducted at those sites. Ms. Wells added that
CIOC often works with the members of the Waste
and Facility Siting Subcommittee.
Addressing the draft resolution referred to by Ms.
Ramos, Ms. Jaramillo asked whether ERA would
enhance its efforts to involve the public before
preliminary assessments and site investigations
are conducted at sites. Ms. Wells responded that
she could not affirm that EPA would provide
extensive assistance to communities at every site
about which EPA receives information; she also
noted that many sites investigated by EPA at the
request of communities are not placed on the
NPL. While acknowledging that EPA is not doing
"100 percent," she emphasized that EPA is
working to implement genuine public involvement.
Ms. Wells then confirmed that, under
reauthorization of Superfund, some responsibility
for many Superfund programs may be delegated
to state agencies. There are no provisions, she
reported, for state agencies to take over the
community involvement requirements for which
EPA currently is responsible. NEJAC, she
suggested, should address the issue, which she
described as "very critical." Ms. Wells concluded
her remarks by complimenting the members of
the subcommittee on the model plan. The
document is very helpful, she said, adding that
staff in her office refer to it often.
Ms. Leahy then spoke briefly about her positive
experiences in working with CAGs. Ms. Leahy
also asked the members of the subcommittee to
review the CAG tool kit being developed by CIOC.
The document is purrently in draft form, she said,
adding that she welcomed comments on it from
the members of the subcommittee.
5.3 Risk Assessments and Issues Related to
Public Participation
Mr. David Bennett, EPA OERR, began his
presentation on risk assessments by discussing
the purpose for which risk assessments are
conducted at sites potentially contaminated with
hazardous substances. A risk assessment, he
explained, gathers information about a
contaminated property to determine whether the
site poses a threat to human health or the
environment; assesses the effect on human
health and the environment that would result if the
site is not cleaned up; and determines the need
for cleaning up a site and the level of cleanup that
is required. It also includes an assessment of the
risk of exposure to communities located near a
site, he added. The information collected during
a risk .assessment is both quantitative and
qualitative, he stated.
Echoing earlier comments offered by Ms. Wells,
he remarked that Superfund laws governing the
cleanup of contaminated sites do not require that
EPA include communities in decision making until
after a proposed plan for the cleanup of a site has
been developed. He agreed, however, that the
participation of members of affected communities
Durham, North Carolina, December 9, 1997
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Public Participation and Accountability Subcommittee
National Environmental Justice Advisory Council
|d begin earlier than the period required
r "regulations". He identified steps EPA is .
Taking to enhance the conduct of risk
assessments, including the development of
suggestions from the National Research Council
about assessing risk; the issuance by the
administrator of EPA in July 1997 of a new
guideline on cumulative risk; and the
deyelogment of revisions of the Risk Assessment
ISufdancB Jor Superfuncl (RAGS). EPA has
recognized, he stated, that conducting risk
assessments is a participatory process. EPA
therefore has identified four key issues to address
in the upcoming revisions of RAGS, including
community involvement in the risk assessment
process. He also noted that EPA is working to
make the process "transparenf to all
stakeholders and to ensure that information
collected before and during the assessments is
made available to all interested parties.
SiS'l^^i&'Viii'^'^KjvV/r-i::;^,^''^
An important lesson EPA has learned, he
continued, is that the agency must start early to
bring the risk assessors and the affected
communities together to agree on the goals of the
assessments arid to identify for the communities
Ihe qptiqns available for cleanup. He then
discussed recent revisions of risk assessment
guidelines that facilitate the meaningful
involvement of the public. Citing, for example, the
Ereatiqn of several work groups to identify PP1'0"8
to be considered for the final guidlhce document,
he encouraged the subcommittee to attend a
meeting to be hosted by the International
City/County Management Association (ICMA) in
March 1998 in Atlanta, Georgia. The meeting, he
said, is being held to solicit comments from
stakeholders representing state and local
governments "about thei'proposed guidelines.. He
also "suggested that the members of the
subcommittee contact Ms. Shannon Flanagan at
ICMA for information about the meeting and the
activities of the EPA Community Participation
Work Group; Ms. Flanagan can be reached by
telephone' at (202) §62-3540, he said. Mr.
Bennett then stated that final guidance would
reflect new developments in science and the
Importance of involving affected parties who have
pertinent information in decision-making
processes related to assessing risk at a site.
A draft version of the guidance document would
be'available in January 1998, Mr. Bennett stated,
expressing his interest in receiving comments
about it from members of the subcommittee. Ms.
Settle agreed to distribute to the subcommittee
copies of the document, once the draft version
was available.
Ms. Leahy volunteered to send to the members of
the subcommittee copies of fact sheets, prepared
in English and Spanish, that provide information
about the risk assessment guidance. She also
pointed out that Mr. DuBois is a member of the
community participation work group. Mr. DuBois
then inquired about revisions in the guidance
related to cumulative risk, commenting that an
increasing number of communities will be facing
risks associated with Superfund sites, particularly
the migration of contaminants from more than one
site. Noting that community right-to-know
legislation is being overturned in South Carolina,
he added that new legislation passed by the state
legislature does not require businesses or
"facilities', in the event of a spill of a potentially
hazardous substance, to inform the affected
; qornffiunities.v, Mr. r Bennett observed that
cumulative risk assessments have 'been
conducted at Superfund sites for many years. He
noted, however, existing limits on the ways in
which funds allocated to the cleanup of Superfund
sites can be spent, adding that the funds must be
spent on cleaning up releases of hazardous
material from a site. Referring to what he
described as a life-threatening situation for
members of his community, Mr. DuBois
expressed frustration that citizens are dying
because of contamination but federal and state
agencies refuse to acknowledge the link between
illnesses and deaths among citizens and
hazardous contaminants.
Inquiring about the analysis of quantitative and
qualitative information, Mr. Holmes asked
whether EPA had developed a standard
mechanism for measuring what he characterized
as "soft" data — qualitative data. Mr. Bennett
replied that there are qualitative weights of
evidence for some contaminants, but
acknowledged that it is difficult at times to fully
gauge qualitative data. Risk assessors generally
prefer quantitative data, he commented, because
it is easier to base decisions on numerical data
that explain or prove supporting facts. EPA,
however, is working to develop tools that will
assist site managers and assessors in using use
qualitative data, he added. .
Referring to earlier discussions among members
of the subcommittee about the possibility that
' some requirements for regulating and cleaning up
contaminated properties may be turned over to
state governments, Ms. Jaramillo added that the
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National Environmental Justice Advisory Council
Public Participation and Accountability Subcommittee
concerns expressed by members of the
subcommittee about assessing risk should be
kept in mind as the states assume more
responsibility and authority for cleanup.
5.4 A Community-Based Environmental
Protection Framework for EPA
Ms. Angela Nugent, EPA Office of Sustainable
Ecosystems and Communities (OSEC), thanked
the members of the subcommittee for the
opportunity to talk briefly about a document EPA
is developing to provide the agency with a policy
and planning document for implementing
community-based environmental protection
(CBEP). She began by explaining that EPA uses
the term "community-based environmental
protection" to refer to a "holistic and collaborative
process" of working with members of
communities and ail stakeholders to identify
problems, set priorities, 'and arrive at
comprehensive solutions to problems. The
purpose of the framework, she said, is to align
offices of EPA within a similar framework of
implementing CBEP. Ms. Nugent noted that the
goal of implementing the framework include:
• . Involving communities as early as possible in
EPA's decision-making processes
Establishing systems within EPA to assist
communities in preserving natural resources
Helping communities find solutions to
environmental problems that are outside the
regulatory framework
Ms. Nugent expressed her interest in the opinions
of the members of the subcommittee about the
framework and whether they believe the
framework will help EPA to reach out to and
involve communities more effectively. In
response, Ms. Ramos said that she could not
provide comments on the basis of the information
sheet Ms. Nugent had distributed because she
was unfamiliar with the acronyms used in the
document, as well as the general concept of
CBEP. She recommended that Ms. Nugent
prepare a response form that provides a brief
summary of the document and allows individuals
to respond directly to Ms. Nugent. Ms. Ramos
also requested that Ms. Nugent send her a copy
of the entire draft document.
Referring then to ongoing activities of OSEC, Ms.
Nugent informed the members that a grant
program administered by that office provides
assistance to communities. She also mentioned
an EPA document that provides information about
steps the agency has taken to help communities;
she agreed to provide a copy of that document to
Ms. Settle for distribution to the members of the
subcommittee. Citing the development of a
community cultural profiling guide, Ms. Nugent
commented that the guide, which will be available
in February 1998, is designed to help staff of EPA
work more effectively with communities. The
guide, she added, provides instructions for
building a community cultural profile by identifying
local values, beliefs, and behaviors of
communities as, they affect the natural
environment. It also describes methods of
collecting information, such as surveys and
interviews, she noted. Concluding her remarks,
Ms. Nugent complimented the subcommittee on
the model plan for public participation, adding that
OSEC had "taken great note of it." Ms. Ramos
thanked her, but emphasized that the model plan
is a tool for conducting public meetings and
should not be considered a policy on involving
communities in the decision-making processes of
EPA.
6.0 RESOLUTIONS AND SIGNIFICANT
ACTION ITEMS
This section summarizes resolutions forwarded to
the Executive Council of the NEJAC- for
consideration and significant action items
undertaken by the Public Participation and
Accountability Subcommittee.
The members discussed a resolution in which the
NEJAC requests that EPA:
• Modify its public notice processes to provide
early notification to communities of EPA's
intention to develop a project
• Prepare public notices to notify and invite the
participation members ' of affected
communities as soon as a proponent informs
EPA of its intention to develop a project
• Make accessible to the public not only
documents such as letters, reports, and files,
but also share its expertise with communities
to help them understand technical issues
• Invite representatives of lower-income and
.minority communities to participate in
meetings with proponents of projects
Durham, North Carolina, December 9,1997
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Public Participation and Accountability Subcommittee
National Environmental Justice Advisory Council
• Provide to affected communities the same
forum for open discussions that is provided to
proponents of projects and encourage the
early involvement of the public in EPA's
decision-making procedures to ensure that
individuals participate in decisions affecting
their communities
11 I l| llllllll ' • ". •••.:,•!• !
The resolution was forwarded to the Executive
Council of the NEJAC for consideration.
The members also adopted the following action
i|ems: , . „ , .
• Develop guidelines for public commenters
that define the purpose of public comment
periods, describe the mission and authority of
the NEJAC, and outline the general
administrative process of providing comments
• to nier^bejsj?f the Executive Qouncil, as well
"I; as other speakers* *
V tievelep a"series of letters to be prepared in
cdrijunction with the conduct of site tours
sponsored by the NEJAC
• Forvyard to the Waste and Facility Siting
Subcommittee a proposed recommendation
that the NEJAC consider a resolution
requesting that EPA establish requirements at
the state level for community participation in
decision making related to the clean up of
sites on the NPL
• Recommend that the Executive Council of the
NEJAC consider creating a public
participation and accountability work group to.
acfdress issues facing communities" in the
Puerto Rico-Caribbean region
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MEETING SUMMARY
of the
WASTE AND FACILITY SITING SUBCOMMITTEE
of the
NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
Decembers, 1997
Durham, North Carolina
Meeting Summary Accepted By:
Cent
Benjamin
Designated Federal Official
Charles Lee
Chair
-------
Illfe;
h1 i Ju]
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CHAPTER EIGHT
MEETING OF THE
WASTE AND FACILITY SITING SUBCOMMITTEE
1.0 INTRODUCTION
The Waste and Facility Siting Subcommittee of
the National Environmental Justice- Advisory
Council (NEJAC) conducted a one-day meeting
on Tuesday, December 9, 1997, during a three-
day meeting of the NEJAC in Durham, North
Carolina. Mr. Charles Lee, Commission on Racial
Justice, United Church of Christ, continues to
serve as chair of the subcommittee. Mr. Kent
Benjamin, U.S. Environmental Protection Agency
(EPA) Office of Solid Waste and Emergency
Response (OSWER), continues to serve as the
Designated Federal Official (DFO) for the
subcommittee. Exhibit 8-1 presents a list of the
members who attended the meeting and identifies
the member who was unable to attend.
This chapter, which provides a summary of the
deliberations of the subcommittee, is organized in
five sections, including this Introduction. Section
2.0, Remarks, summarizes the opening remarks
of the chair and other guests. Section 3.0,
Presentations and Reports, provides overviews of
each presentation and report, as well as
summaries of relevant questions posed by
members of the subcommittee and comments
they offered. Section 4.0, Summary of Public
Dialogue, summarizes the discussion offered
during the public dialogue period provided by the"
subcommittee. Section 5.0, Resolutions and
Significant Action Items, summarizes the
resolutions forwarded to the Executive Council of
the NEJAC and the significant action items
adopted by the subcommittee.
2.0 REMARKS
As chair of the subcommittee, Mr. Lee opened the
meeting by welcoming the members present, Mr.
Benjamin, and those present to observe .the
proceedings. Mr. Lee introduced Mr. Timothy
Fields, Acting Assistant Administrator, EPA
OSWER, and cited the strong support Mr. Fields,
his predecessor Mr. Elliott Laws, and the entire.
staff of OSWER had given the subcommittee
since its founding. In its early effort, Mr. Lee
stated, their support had been essential to the
success of the subcommittee. In response, Mr.
Fields pledged OSWER to a continuing
partnership with the subcommittee. OSWER and
the subcommittee, he declared, will continue to
Exhibit 8-1
WASTE AND FACILITY SITING
SUBCOMMITTEE
List of Members
Who Attended the Meeting
December 9,1997
Mr. Charles Lee, Chair
Mr. Kent Benjamin, DFO
Ms. Jean Belille*
Ms .-Sue Briggum
Ms. Dollie Burwell
Mr. Michael Holmes*
Msl Cynthia Jennings*
Ms. Lillian Kawasaki
Ms. Vernice Miller
Mr. Gerald Prout
Ms. Brenda Richardson*
Mr. Ricardo Soto-Lopez
Mr. Mathy Stanislaus
-Mr. Damon Whitehead*
List of Members
Who Were Unable To Attend
Ms. Connie Tucker
* New member of the subcommittee
work together to ensure that environmental justice
remains a "living issue" as EPA pursues cleanup
of sites and implements regulatory and policy
change.
Mr. Lee then reviewed the agenda of the meeting,
noting in particular that the subcommittee was to
receive a report from OSWER on the draft
relocation policy under Superfund. That issue, he
added, is a long-standing and crucial one, noting
both that several hundred families had. been
relocated recently under a pilot project in Florida
and that EPA's draft relocation policy was nearing
completion.
Mr. Lee then introduced Mr. Cardell Cooper,
designated Assistant Administrator of OSWER,
who described his background .as county
administrator of Es'sex County, New Jersey and
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National Environmental Justice Advisory Council
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cited his "front-end" involvement in issues
pertinent to the subcommittee. Mr. Cooper
emphasized OSWER's need for a direct
relationship with the subcommittee, stating that
their mutual goal is to protect children and the
environment' and to develop strong
recSmrheiidations for effective action to achieve
that goal.
After welcoming newcomers in the audience and
giving them tR'e" opportunity to introduce
themselves, Mr. Lee introduced the first of the.
presentations the"subcommittee was scheduled to
receive. Section 3.0 below summarizes those
presentations made, as well as the reports
submitted, to the subcommittee.
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3.0 PRESENTATIONS AND REPORTS
The Waste arid Facility Siting Subcommittee
received a number of presentations and reports
on issues of continuing concern to it. Those
presentations arid reports are summarized below. ".
3.1 EPA Policy on National Superfund
Relocation
Ms. Suzanne Wells, EPA Office of Emergency
and Remedial Response (pERR), reviewed the
agency's progress in developing^ a relocation
policy for the cleanup program the agency
conduces, upcjer the Comprehensive
Environmental,[Response, Compensation, and
Liability Act (CEFJC'LA)','"orSuperfund, program.
OERR, she reported, is responsible for the
development of ah interim final policy on
relocation, EPA, she explained, had held a series
of forums to gather the views of various
i stakeliofd|rri,, groups " on issues 'related to"
relocation! Between May 1996 and October
1997, seven such forums were held, she said.
Participants included representatives of state and
local governments, federal agencies, industry,
Native American organizations, and
environmental justice groups; public health
officials; and individual private citizens. During
the forums, she continued, stakeholders voiced a
number of concerns related to the well being of
[''members'' [' of [[communities'"[ that i _ experience
relocation. Ms! Weils reported that stakeholders
had recommended a number of guidelines for
relocation decisions:
Medical monitoring for health risks, including
incidences of unexplained disease arid the
cumulative effects of exposure, should be
considered, when appropriate
• Considerations related to quality of life should
exercise strong influence on relocation
decisions
• Decisions should be based on sampling data
that clearly demonstrate contamination
• Relocated persons should remain financially
"whole," having neither suffered a loss nor
enjoyed a windfall
• Citizens of relocated communities should
have access to relocation experts
T OJ, Effortsshould be made to stabilize the
remaining community
- •• _ • • • t-:
Ms. Wells added that the stakeholder groups had
noted specifically unique circumstances of Native
American communities, such as cultural and
spiritual aspects of traditional Native American
life, that generally preclude relocation. Native
American communities, she reported, consider
relocation the only acceptable response to
contamination that poses a threat to communities.
In developing a policy on the selection of
relocation as part of a remedy, Ms. Wells pointed
out, EPA has decided that it will continue to prefer
cleaning up property so people can remain in their >
homes and will select that option whenever such
a cleanup will be protective of public health. The
policy, she said, would establish guidelines that
would indicate when relocation is appropriate,
including:
ti.
• Unreasonable restrictions on the use of the
property after cleanup, such as the prohibition
of gardening
• Prospect of a temporary relocation so lengthy
that permanent relocation is preferable
Need to establish a buffer zone at the site of
concern
• Engineering considerations, such as the need
to use the land to implement the remedy
Other matters of concern to stakeholders, she
...ajdcje.jjj, .such_ as lifetime _ medical^ monitoring,
""' assessme'rif""""""of cumulative ' "risk,"' aria* tfie
unexplained occurrence of disease clusters, are
broad issues related to the overall policies of the
agency. The relocation policy, therefore, will not
address those issues, she said.
Durham, North Carolina, Decembers, 1997
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Waste and Facility Siting Subcommittee
National Environmental Justice Advisory Council'
Concluding her presentation, Ms. Wells
announced that the interim final policy was to be
issued in early 1998 and that the agency will
prepare a document presenting responses to-
comments submitted and issues raised during the
stakeholder forums. Within six months of the
issuance of the policy, she added, the agency will
bring together representatives of the stakeholder
groups that participated in the earlier forums to
gather their views and solicit their comments on
the interim final policy.
When, at the conclusion of Ms. Wells'
presentation, Mr. Lee opened the floor to
questions and comments from the members of
the subcommittee,' Ms. Vernice Miller, Natural
Resources Defense Council, expressed concern
about issues that specifically affect densely
populated urban areas. She pointed out the lack
of mobility of populations in such areas, noting in
particular the large urban areas of New York and
New Jersey. Ms. Miller asked whether the policy
would address such issues and to what extent
EPA will pursue vigorous enforcement of the
policy. The city of New York, she declared, will
not play that role. In response, Ms. Wells cited
the responsibility of state governments under cost
sharing arrangements to address such issues;
she observed further that local authorities must be
involved in. such situations, as well. Ms. Miller
then stated that, in reality, such is not the case.
When Ms. Brenda Richardson, Women Like Us,
then asked what role industry was playing in the
development of the policy, Ms. Wells described
the positive involvement of the Dow Chemical
Company, which on one occasion provided what
she described as an excellent presentation from
the perspective of a responsible party, (RP)
identified by EPA and had funded the services of
a relocation expert. .Mr. Michael Lythcott, The
Lythcott Company, who was a member of the
audience, added that, under some circumstances,
relocation is the best option for all parties.
However, he said, when anger and ill will arise,
good communication, under the guidance of. a
relocation expert, can save the situation.
Mr. Mathy Stanislaus, Enviro-Sciences, Inc., then
asked what criteria will be used to determine what
restrictions will be considered "unreasonable"
under the policy. Referring briefly to the
relocation program conducted at Pensacola,
Escambia County, Florida, Ms. Wells first stated
that the agency had made mistakes during that
project, notably through failure to involve the
community and notify citizens of actions to be
taken. She said that, in such situations, EPA
instead should work with a community advisory
group (CAG) from the .beginning and should
conduct a "one-porch-at-a-time" community
involvement effort that would help ensure that no
unreasonable restrictions would be imposed on
property. Continuing the discussion of the role of
community involvement, Mr. Lee remarked on the
complexity of issues related to restrictions on land
use, and Mr. Damon Whitehead, Earthjustice
Legal Defense Fund, observed that placing
notices in the Federal Register is not an effective
avenue of communication with the general public,
observing that it is difficult to provide opportunities
for involvement to individuals and groups who
have had no involvement in the stakeholder
forums or in the NEJAC. Mr. Cooper cited his
involvement in one relocation during his 15 years
in local government administration and declared
it imperative that a mechanism be identified and
provided to ensure that the policy is reviewed by
"the right people."
Ms. Jean Belille, Western Communities Program,
then turned the discussion to Native American
issues. Ms. Wells stated that, under the
provisions of CERCLA, there can be no
relocations on Native American lands without the
concurrence of the appropriate tribal leaders.
One such relocation had been carried out, she
noted, but the people were relocated to another
area on the'reservation.
In response to a question from Mr. Michael
Holmes, St. Louis (Missouri) Community College
Northside Education Center, Ms. Weils stated that
the relocation policy does not preclude medical
monitoring of members of communities at risk of
exposure to health hazards. In fact, she pointed
out, EPA had attempted to establish clinics at
Superfund sites but was not able to obtain funding
for the effort. Taking up the related issue of
disease clusters, Ms. Cynthia Jennings,
-Organized Northeasterners and Clay Hill and
North End (ONE/CHANE), Inc., stated that, if such
occurrences of disease are caused by releases
for which a company is responsible, that company
should be liable for the harm it has done. EPA's
policy, she added, also should not preclude
assessment of cumulative risk.
When, in response to a question put by Mr.
Gerald Prout, FMC Corporation, Ms. Wells
observed that relocation is always a loss and that
"no one wants to be pulled out of a community."
Audience member, Mr. Richard Green, EPA
Region 4, volunteered a discussion of lessons
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National Environmental Justice Advisory Council
Waste and Facility Siting Subcommittee
learned through the Pensacola project. Once all
parties had agreed that the land was to be re-
zoned for light industrial use, he said, the level of
cleanup changed and the cost of remediation
, i'p^saSlS,' reasonable^".That,'decision," he pointed'
out, made it possible to avoid temporary
""relocation to conduct cleanup to residential
standards. Mr. Lythcott added that, in rural areas,
It is often reasonable to purchase land and Build
a new subdivision, thereby keeping the
community together. He suggested that funds
eafrnlrkedforvocationaieducation could be used
to teach the building trades to students who could
construct the new homes, an approach that hi
noted also, wqujd build bonds among members of
the community. Mr. Lythcott concluded the
subcommittee's discussion of the Superfund
relocation policy with a reminder that maintaining
a vita]^community' must be the primary goal of any
|^Ubh^'effprt?ii citing" the adage "A'house is "not a
"horne?"'
'it!!': ; I " I. « • . ., • ,'. I I
3.2 Risk Assessment and Superfund
lilLl i,;:1 j:::-':it ' •:": ' in i
^Introducing the presentation on risk assessment,
i Mr. "Lee noted that the issue is a far-reaching one,
•"noting"that subcorrimrttee member, Ms. 'Connie
Tucker, Southern Organizing Committee for
Economic and Social Justice, had previously
proposed a roundtable meeting on the subject.
The presentation, Mr. Lee suggested, would be
an opportunity to begin to prepare for such a
meeting. Mr. Lee then introduced Mr. David
Benpett, EPA OERR.
Risk assessment is "a journey," said Mr. Bennett,
introducing a brief review of the process as it is
conducted under Superfund. Its purpose, he
pointed out, is to determine whether there is a
lihreaitg humaFhealth of the environment,, and, _
;i"if so, how cleanup should be conducted and to
what standard, the goal of risk assessment is a
clear characterization of the risk at a particular
site, he noted. Mr. Bennett then reviewed the
various pathways of contamination identified
under Superfund - air, groundwater, surface
water, and sediment - and briefly noted the role
of bioaccumulation. He then described the
several steps in the established risk assessment
process, including the remedial investigation, the
feasibility study of remedies, the development of
a proposed plan, the provision of opportunity for
public comment, and the preparation of'the final
decision. Mr- Bennett contrasted that traditional
process with EPA's new approach. that
approach begins with early discussion and
planning with the community, he said, adding that
such an approach takes into account the effects
of behavior — the things people actually do — on
exposure. Today's goal, he said, is to be
responsive to high-risk populations. Early
involvement of all stakeholders in planning,
scoping, and formulation of problems, he said, is
the key to effective response to the concerns of
those stakeholders and the achievement of
desired" outcome's^ '
Mr. Bennett then turned his attention to reform of
the Superfund program. EPA, he said, has
identified four key issues to be addressed in
revisions of its Risk Assessment Guidance for
Superfund (RAGS): community involvement in
the risk assessment process, considerations
related to land use, establishment of background
for risk assessment purposes, and uncertainty
and probabilistic analysis. The results of two
meetings of stakeholders hosted by the
International City/County Management
Association (ICMA), he said, had significant
influence on the identification of those issues.
ICMA plans to convene a follow-up meeting early
in 1998 to gather stakeholders' comments on the
draft of the. guidance document, he added,
encouraging[the members of the subcommittee to
.become involved in that meeting.
Concluding his presentation, Mr. Bennett
identified two keys to successful implementation
of the new approach to risk assessment: risk
assessors "must listen, follow through, and
educate" and citizens must "have reasonable
expectations and be prepared to play an effective
role" in the process.
Opening the subcommittee's discussion of the
presentation, Mr. Lee asked Mr. Bennett to
comment^ ponthe M agency'-s new policy on
cumulative' risk assessment, copies of which '"Mr.
Bennett had distributed to the members. Mr.
Bennett observed that the new policy successfully
integrates sensitivity to high-risk populations and
to the need for early involvement of members of
communities affected by health risks. However,
he noted, the "policy is silent on the issues of the
effects of socioeconomic conditions and
behavioral patterns.
Ms. Lillian Kawasaki, City of Los Angeles
(California) Department of Environmental Affairs,
expressed concern that, under the Superfund
program, risk assessment considers only the
responsibilities of the agency under that program,
thereby failing to take into account all the factors
that affect a community. How, she asked Mr.
Durham, North Carolina, December 9,1997
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Waste and Facility Siting Subcommittee
National Environmental Justice Advisory Council
Bennett, does EPA cooperate with other agencies
to make resources available to address such
factors? In response, Mr. Bennett stated that the
resources of Superfund can be used to establish
liability by determining "what's the're and where it
came from." For example, he said, exposure of
children to lead can be caused by invasion of the
contaminant into the home or by the presence in
the home of lead-based paint ~ or by both. In
such cases, he said, all sources must be
examined. Ms. Linda Garczynski, Director, EPA
Outreach and Special Projects Staff (OSPS),
added that, at sites being addressed under EPA's
Brownfields Program (which targets abandoned
and possibly contaminated industrial sites for
remediation and reuse), EPA often involves other
agencies in the cleanup effort.
Ms. Miller then asked whether Mr. Bennett
considered the guidelines he had discussed
applicable to Brownfields sites. For example, she
elaborated, a Brownfields site in New York City
that had been a dry-cleaning establishment had
been redeveloped for an elementary school.
Because of the former use of the site, levels of
perchloroethylene contamination were of concern,
she said, adding that resources to provide the
appropriate screening tools, however, would not
be available from the city or the state without the
support and urging of EPA. Mr. Bennett
responded that the first source of pertinent data is
the Toxics Release Inventory (TRI), to which
facilities are required to report certain releases.
Ms. Garczynski added her observation that most
sites are under state rather than federal
jurisdiction; therefore, she pointed out, there are
50 sets of regulations.
When Mr. Lee then asked the members of the
subcommittee whether a roundtable meeting
should be scheduled.to consider issues related to
risk assessment; there was general agreement.
Such a meeting, Mr. Lee commented, should
address risk assessment in a broader context
than its role in the Superfund program. He
suggested that the'meeting be planned and
conducted in conjunction with the NEJAC's Health
and Research Subcommittee. Again, the
members expressed agreement, with Ms. Miller
articulating the need to educate and prepare
participants and to identify the resources available
to support the meeting and the policies that might
affect it. Mr. Lee added that, because most
communities are suspicious of the risk
assessment process, the issue of systematic
consideration of community concerns also must
be addressed. When Mr. Lee asked the
members to identify groups that should be invited
to participate in a roundtable -meeting, the
members agreed that the event should be as
inclusive as possible. Mr. Whitehead expressed
the members' mutual intent to be "over-inclusive
rather than under-inclusive."
Several members of the subcommittee
commented on the need for. inclusiveness in
planning the meeting. Ms. Richardson counseled
that one goal should be to build bridges and
establish partnerships. Otherwise, she pointed
out, communities, having endured years of
negative outcomes, will have no reason to
participate. Ms. Miller then suggested that the
meeting should include a number of components
~ one that addresses issues that affect
Brownfields projects and another, for example,
that examines the effects of exposure on the
traditional Native American ways of life.
When Mr. Stanislaus; asked two questions related
to the purpose of risk assessment, Mr. Lee
rephrased the comments to express a focus for
the roundtable meeting: How can the risk
assessment process be restructured to integrate
consideration of all risk of effects on the
community? His remarks prompted Mr. Holmes
to ask how the impasse is resolved when
authorities say there is no risk and the community
maintains that the level of risk is high. Mr. Fields
suggested that .the meeting should include
presentations that clarify how risk assessment
identifies threats and contaminants and describe
the various approaches taken to the process.
The members then established a work group to
take responsibility for planning the meeting.
3.3 Dutch Boy/International Harvester Site
introducing the presentation on issues related to
the Dutch Boy/lntemational Harvester site in
South Chicago, Illinois, Mr. Lee noted that the
matter had been referred to the subcommittee
during the previous meeting of the NEJAC by Mr.
Abbas Hassain, Reduce Recidivism by Industrial
Development, Inc. (RRID). The subcommittee, he
added, continues to study the issues involved.
Ms. Noemi Emeric, EPA Region 5, who is the
community coordinator for the site, provided
background information about the site. The
community, she said, had raised issues related to
enforcement, technical assistance, and funding
provided to the city of Chicago. The International
Harvester portion of the site is under authority of
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National Environmental Justice Advisory Council
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the state, she continued, while EPA is working
wjth the RPs at the Dutch Boy portion. EPA, she
added, has; establishedI an advisory group, on
which several community organizations that have
concerns about the site are represented. Ms.
Emeric described RRID as "the least happy" of
those organizations. She distributed a statement
prepared By RR'lD and then briefly reviewed the
steps EPA had taken to address concerns raised
£'by 'trie ''grpups[~a'''fence phad" been erected to
"prpvlcfe security'" and the agency "is" "pursuing'
Hietji^ceirj^gt against the RPs, she said. 'RRID,
*po\ye,y§r,l''l'""has7'iasked"' that EPA"''"pursue"
enforcement against all RPs known to have been
involved at the site at any time since 1982.
Although Mr. Lee observed that the subcommittee
was not yet ready to take action on .the case, Ms.
Emeric's presentation prompted discussion
among the members of the subcommittee.
rAddressjng^her^uestipn to Mr. Fields,"Ms. Miller
asked how decisions are made about a site in
cases such as the one under discussion, when
the score assigned the site under Superfund's
Hazard Ranking System (HRS) is very close to
that which qualifies a site for inclusion on the
National Priorities List (NPL) of sites most in need
of cleanup. Explaining that only 20 to 30 sites
had been listed each year over the preceding five
years, Mr. Fields stated that EPA has begun to
pursue listing more aggressively, expecting to
perhaps double that number. He suggested that
the agency could give greater consideration to
sites affected by environmental justice issues.
Ms. Garczynskl then commented that some
11,000 of the 40,000 sites in the Comprehensive
Environmental Response, Compensation, and
Liability Information System (CERCLIS), a
clearinghouse of information about hazardous
waste sites, have been cleaned up under state
authority, and that no contamination has been
found at many others. It is from the smaller
number of sites that remain, she said, that sites
are drawn for evaluation for inclusion on the NPL,
EPA's authority over listed sites, she added,
provides Rps the incentive to proceed with
cleanup under state authority.
Noting that the case involves a number of serious
issues, Mr. Lee suggested that the topic be
tabled, with the subcommittee's recognition that
those issues must be resolved.
3.4 Brochure on Social Siting Criteria
Ms. Virginia Phillips, Mr. Hugh Davis, Mr. Frank
McAlister, and Mr. Vernon Myers, EPA Office of
Solid Waste (OSW), offered a review of their
office's position on siting criteria, declaring OSW's
determjnatipn to ensure that issues of
environmental justice are addressed when siting
decisions are made. .They reported that OSW
had previously issued a brochure on technical
standards for siting hazardous waste facilities,
which is the guide used in making siting
decisions. However, they pointed out, those
standards provide technical guidance but do not
address the related social, cultural, and economic
issues. They distributed copies of the brochure to
the members of the subcommittee and noted that
it is available in both English and Spanish on
OSW's Internet home page. The standards set
forth in that, brochure reflect the.. traditional
approach to siting, the presenters continued,
explaining that the standards take into account
such factors as geological features that might
pose a risk to the integrity of a site. Today, EPA
is taking a broader approach, they explained.
The presenters announced that the agency is
developing a companion brochure to the technical
publication, possibly to be titled 'The Social Side
of Siting," that will focus on social, cultural, and
economic issues. Among the major topics the
brochure will cover, the presenters said, are early
public involvement, protections under Title VI of
the Civil Rights Act of 1964, and a range of social
concerns. Circulating a copy of the draft
brochure, the presenters ended their discussion
with a request that the members of the
subcommittee provide comment on its content.
Mr. Whiteheadasked the presenters what
position OSW would take toward an applicant that
failed to meet the criteria set forth in the new
brochure or in a case in which, despite an
applicant's conformity with those criteria, it still is
not appropriate to issue a permit. Noting that the
brochure would outline policy but would not be a
regulation, Ms. Phillips conceded that a permit
would not be denied on the basis of failure to
meet the guidelines it sets forth. Ms. Sue
Briggum, Waste Management, then observed that
the document is in the first stages of development
and must be viewed in the context in which EPA
n]akes ^ecisionSr For example, in considering
pn-site placement of waste, the agency must take
into account the related issue of transportation
that affects the disposal of waste at a central site.
The key to acceptance by the community, Ms.
Briggum emphasized, is early involvement of
Durham, North Carolina, Decembers, 1997
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Waste and Facility Siting Subcommittee
National Environmental Justice Advisory Council
citizens, "as soon as you see this is a probable
site."
Noting his hope that the document would prove to
be a guide for the consideration of issues related
to environmental justice in the decisions of the
agency as well as in decisions in matters
delegated to states, Mr. Stanislaus stated that he
had heard EPA personnel throughout the country
say they have no guide under the existing
statutory mandate for identifying sites affected by
environmental justice issues or for considering
environmental justice. The brochure, he
emphasized, should establish how consideration
of environmental justice is to be incorporated into
specific decision-making, processes, such as
modeling under the Clean Air Act (CAA). it is
essential to know, he added, what action the
agency currently is taking to integrate
environmental justice into its ongoing decision-
making processes. Prompted by those
observations, Ms. Phillips -stated that, to obtain
the views of all stakeholder groups, two
workshops would be conducted as development
of the brochure proceeds.
Mr., Lee noted that there are a range of
'foundation" issues related to the current
discussion. The subcommittee, he observed, had
undertaken discussion of siting and permitting of
waste facilities and hazardous waste facilities in,
general, a subject that involves a number of
statutes and offices of EPA. The subcommittee,
he suggested, should define its role in addressing
such issues.
In response to a question from Mr. Lee, Mr. Fields
stated that the issues raised during the
subcommittee's discussion must be addressed so
that agencies and states will be held responsible
as first siting and then permitting decisions are
made. Mr. Fields asked that the subcommittee
provide its advice about the types of
environmental 'justice activities and
considerations that should be taken into account.
The workshops Ms. Phillips had referred to, he
suggested, could provide a venue for that
purpose. If a useful guide could be produced for
the Resource Conservation and Recovery Act
(RCRA) program, he added, it could serve as a
model for other programs. Mr. Lee then asked
Mr. Fields whether OSWER would become
involved in the activities of a proposed
subcommittee of the NEJAC on permitting, which
would be supported by the Office of Air and
Radiation (OAR) and the Office of Water (OW).
Mr. Fields stated that such activities would be
compatible with the efforts of OSWER.
Members of the subcommittee identified
additional issues related to permitting that should
be addressed, including economic development
zones and enterprise zones and responsibilities
under Title VI.
3.5 Brownfields Issues
The members of the subcommittee received
presentations about and discussed several topics
related to the Brownfieds program: a status
report on the program, a review of job training for
minority workers, and a report on the guide to
standards for redevelopment of Brownfields
currently under development by the American
Society for Testing and Materials (ASTM). The
presentations and discussions are summarized
below.
3.5.1 Brownfields Status Report
To open the subcommittee's discussion of issues
related to the Brownfields program, Ms.
Garczynski presented an overview of progress
made under the program. She stated that EPA is
providing funds to build capacity for community
involvement in Brownfields projects and that the
program is being expanded. Early in 1998, she
continued, 10 showcase communities will be
selected to serve as models of coordination and
collaboration among federal agencies, an effort
that, currently involves some 20 federal agencies,
she pointed out. Ms. Garczynski added that the
communities would be required to include public
participation efforts in proposals for funding. In
her review, Ms. Garczynski also reported that the
agency had funded 25 proposals under the
Brownfields revolving loan fund that supports
cleanup efforts and that, in 1997, the agency also
had provided funding for training of workers,
including safety training programs. Other federal
agencies are joining the effort, she added, and
"most are playing by our rules."
To a question posed by Mr. Richard Soto-Lopez,
Puerto Rico Northeast Environmental Justice
Network, about the role of community
development corps, such as those that have been
developed in Puerto Rico, Ms. Garczynski
explained that private sector funding is of growing
importance in supporting such efforts. Congress,
she pointed out, does not support work with such
organizations. ,
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Durham, North Carolina, December 9,1997
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National Environmental Justice Advisory Council
Waste and Facility Siting Subcommittee
When members of the subcommittee turned their
attention to EPA's role in state voluntary cleanup
programs (VCP), Ms. Garczynski explained that,
for many states, programs already had been
established and that therefore the opportunity to
influence their structure had passed. She
that working with the states might be
best "means ^of'influencing the "conduct of
CPsl" ""v\Jhehr "Ms; ' Miiier observed' "'that'" the
Subcommittee had "dropped the ball" on the
subject, Mr. Whitehead suggested that the
subcommittee form a panel to monitor requests
for comments as they are issued by the agency.
3.5.2 Minority Worker Training Program
Ms. Sharon Beard, National Institute of
Environmental Health Sciences (NIEHS),
reviewed efforts under the institute's Minority
Worker Training Prbgfam (MWTP). See Exhibit
8-2 for a summary of the accomplishments of the
program.
Discussion of the MWTP focused on job
placement. In response to a question from Mr.
Patrick Barnes, NCPCB Landfill Working Group,
who was present in the audience, about private-
sector involvement in the program, Ms. Beard
stated that the program had placed students in
apprenticeship programs and other positions in
the private sector. She noted that the program
also works with nonunion contractors, citing the
involvement of a small minority contractor at the
U.S. Department of Energy's (DOE) Oak Ridge
(Tennessee) Reservation project. When Mr.
Holmes asked whether trainees have access to
Union membership upon completion of the
program, Ms. Beard stated that graduates have
that opportunity, noting that union representatives
often make presentationsto the trainees. Mr.
Holmes then expressed a desire to document the
movement of graduates into unions in various
cities.
Exhibit 8-2
ACCOMPLISHMENTS OF THE MINORITY WORKER TRAINING PROGRAM (MWTP)
The purpose of the two-year old program is to train urban young adults between the ages of 18 and 25 in the
skills they need to pursue career-path jobs related.to environmental cleanup.
The program collaborates with EPA's Superfund Jobs Training Initiative (JTI), with the historically black
colleges and universities, and with various university consortia. Pilot programs have been established in 13
cities:
Chicago, Illinois
Washington, D.C.
Baltimore, Maryland
New Orleans, Louisiana
Atlanta^ Georgia
Jackson, Mississippi
Los Angeles, California
San Francisco, California
Oakland, California
Minneapolis-St. Paul, Minnesota
Memphis, Tennessee
New York, New York
Cleveland, Ohio
In addition, the MWTP is involved with the United Brotherhood of Carpenters and Joiners in a training
initiative that has trained 210 young people and placed graduates in environmental and construction jobs in
several cities. For example, the New Orleans program has a placement rate of 97 percent, with many of its
graduates employed in the construction of the city's new arena.
Under the Superfund JTI, five pilot projects are to be conducted to provide training to youth living in
communities located near Superfund sites.
ir ,;iy|,4i, i1 ii, ii,' i
Durham, North Carolina, December 9,1997
8-9
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• . .
-------
Waste and Facility Siting Subcommittee
National Environmental Justice Ac
Ms. Beard also explained in response to another
question that the age limit (18 - 25 years of age)
on participating in the program is a statutory
requirement; a member of the audience
commented that Representative Louis Stokes (D-
Ohio), sponsor of the legislation under which the
program is conducted, had a definite audience in
mind - young adult males. Ms. Beard also
lauded the subcommittee's successful support for
the reinstatement of congressional appropriations
for training of minority workers. When Ms. Miller
inquired about the progress of discussions with
the U.S. Department of Housing and Urban
Development (HUD) aimed at garnering HUD's
support for the program, a member of the
audience commented that quarterly meetings
among federal agencies were to be held to foster
such collaborations.
3.5.3 American Society for Testing and
Materials Guide on Standards for
Brownfields Redevelopment
Opening his presentation on the development of
the ASTM guide on standards for Brownfields
projects, Mr. Michael Taylor, TRI thermal
Remediation Inc., noted that such projects require
a broader approach than is envisioned under the
ASTM technical standards usually applied during
cleanup. He reported that ASTM had developed
a proposed guide for Brownfields sites, drawing
on the advice of a task force of stakeholder
groups, as well as the support of the NEJAC,
which, he said, had been solicited a year earlier.
The key areas addressed in the guide, he
continued, are corrective action, community
involvement, management of liability; and
sustainable development. If the community does
not accept the decisions made about cleanup and
redevelopment, he pointed out, "you don't have
liability management, and you don't .have
sustainable development." Mr. Taylor then
reviewed the benefits to the Brownfields program
of the concept of risk-based corrective action
(RBCA). Under that concept, he explained,
decisions are based on risk of exposure and
planned land use. He noted further that the
process is an open one that provides an
opportunity for the community to make its views
heard from the beginning of the effort.
Discussing the review process for the proposed
guide and the development of a final document,
Mr. Taylor explained that ASTM conducts a very
formal review process, under which a response
must be prepared to any negative statement on
the part of any member of ASTM. A finding that
such a comment is not substantive, he continued,
requires the agreement-of two-thirdsx,of the
members, as well as the preparation of a rationale
in support of that finding. NEJAC subcommittee
members, he suggested in conclusion, could use
that process to ensure their views will 'be
considered.
Ms. Miller then offered the observation that the
process of developing the guide had been a new
experience for ASTM, since communities had not
been involved previously in such processes. The
involvement of a wide range of stakeholders, she
continued, is reflected in the ASTM guide. For
example, she added, the guide includes "an entire
appendix on community involvement." Ms. Miller
urged the members of the subcommittee to
forward their comments on the guide to her or to
Mr. Benjamin, who would submit the comments
as members of ASTM. Mr. Taylor added that the
document was to be revised early in 1998, with,
another round of comment scheduled shortly
thereafter and that members of the subcommittee,
need not be members of ASTM to obtain copies
of the current-document.
When Mr. Lee opened the floor to questions, Mr.
Stanislaus asked whether the group developing
the guide, has the authority to set standards. Mr.
Taylor responded that the guide does not exceed
technical standards;' however, he stated, the
guide indeed would be the standard for
Brownfields projects.
Ms. Garczynski then expressed her endorsement
of the subcommittee's focus on institutional
controls, which she described as "the next cutting-
edge issue for Brownfields." She observed that it
will be necessary to address such issues as
identifying the course of action to be taken when
a cap requires repair and the waste remains
under that surface. Ms. Richardson then
commented that, in the District of Columbia, there
is much resistance on the part of the various local
agencies involved in projects to community
influence. It is difficult, she explained, for
communities, which often are the source of the.
most pertinent information about Brownfields
sites, to determine which agency is responsible
for a particular site or circumstance. Mr. Lythcott
suggested that there might be a need for
legislation that protects the organizations and
activists that initiate action on such issues.
Ms. Kawasaki questioned whether the NEJAC
should endorse RBCA, since, she stated, "if the
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Durham, North Carolina, December 9,1997
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National Environmental Justice Advisory Council
Waste and Facility Siting Subcommittee
\ . i'1* !"> a:*1
11 ,: i i'T'i: : s !
community is not a part of the process, RBCA
does not work." Mr. Taylor responded that
community involvement is "woven throughout" the
ASTM guide. Further, he said, the leadership of
ASTM is committed to the concept. However, he
added, the issue is not a matter of endorsement
6ri the part of the NEJAC. Mr. Lee then
intervened to point out that the NEJAC had made
ho "endorsement." Rather, he said, it is the role
of the subcommittee to educate community-based
environmental Justice' groups, which tend to be
IIIMJ;!" ..... . 'W'wj'ij ............ j ...... .« ....... c ..................... »-, ...... . ",,,! ........................ , .
distrustful of such processes.
When Mr. Benjamin noted that grants would be
1 j|:ayailable lo^ support participation in the ASTM
: me'e'ting, trie''" subcommittee ..... decided "that "Ms.
Miller and Ms., rtichardspn, wouW do so. The
members then established' a procedure for
submitting comments on the guide to Ms. Miller
and Mr. Benjamin, as they had discussed.
HIM I 1111 li
Asked by Mr. Lee what ASTM had learned by
....... ..... establishing the new process, Mr. Taylor cited the
exposure of trie technical community to a world
with which it had been unfamiliar, describing
himself as an "ambassador1* to ASTM. The
• fprganization's' ' leadership, he concluded, ' had
;iiiP's'ele"n!'"lhat 'community ''involvement would "be vital'
to the validation of ASTM's efforts.
3.6 Community Impact Statements
Noting that the subcommittee earlier had agreed
to work with EPA to develop a community version
of the environmental impact statement (E1S), or
community impact statement (CIS), Mr. Benjamin
-shared some examples of the agency's current
Bf^Yoilch'. ......... Fb rtEe" most' parti ...... he said," EPA uses
TRI data to examine all pathways and their
associated risks. The agency, he said, also
considers cumulative exposure. Mr. Benjamin
members' views on the matter and
asked that a work group" b"e" 'formed,' noting that
there is "political will in the agency to do so." After
some discussion of the composition of the
subcommittee's work groups, the members
agreed to establish a work group on CISs.
H I
3.7 Superfund Sites in Puerto Rico
Mr. Soto-Lopez first reviewed the progress of the
environmental justice movement in Puerto Rico
over the past five years, noting that community
activism related to protection of the environment
has a 35-year history in the commonwealth.
Recently, he continued, community involvement
has focused on environmental protection in
communities in northeast Puerto Rico, where
siting of industrial facilities has had a
disproportionate effect on those communities,
further exacerbated by the prevalence of
environmentally undesirable land uses remaining
from earlier years. Puerto Rico, he pointed out,
had experienced in the past 50 years what
occurred in the United States over 150 years -
the consequences of both rapid industrialization
on the island and de-industrialization in the United
States. The two, he said, leave a common legacy
of 'contaminated' communities, a range of
community and occupational health problems,
and'disproportionate effects of siting decisions
that further impoverish communities that already
are^economically disadvantaged.,
the genesis of Puerto Rico's current
environmental problems,, he said, was the
economic restructuring of the industrial northeast
region of the United States and that of the Puerto
Rican economy under the Industrial Incentives
Acts of "1947 arid 1948, initiated by the Puerto
Rican government to promote economic
development and jobs. The effort, known as
"Operation Bootstrap," brought great change to
what had been a largely agricultural society, said
Mr. Soto-Lopez, including mass migration of
agricultural workers to the industrial northeast
region of the United States, where available
employment was insufficient to absorb them.
In Puerto Rico, Mr. Soto-Lopez continued, the
consequences of the strategy of industrialization
are a relative increase in poverty as a result of the
destruction of natural resources, the elimination of
traditional livelihoods, and the imposition of limits
oh other types of economic development.
Although the first phase of development had been
primarily light industrial, Mr. Soto-Lopez said, the
commonwealth's economic development planners
soon undertook to attract more highly mechanized
industries, such as oil refining and petrochemical,
pharmaceutical, electronic, electrical, and"
chemical operations, that are associated with high
energy consumption and high levels of
contamination. Mr. Soto-Lopez added that tax
incentives offered under the U.S. tax code
increased the number of environmentally
damaging companies that have relocated to
Puerto Rico since the mid-1970s. Because the
incentives are being phased out, communities in
Puerto Rico face the "specter of abandoned,
idled, or underused industrial and commercial
facilities where expansion or redevelopment is
complicated by real or perceived environmental
Dufhamt North Carolina, December 9,1397
8-11
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Waste and Facility Siting Subcommittee
National Environmental Justice Advisory Coune))
contamination" - facilities like those'identified in
the United States as "Brownfields."
The most direct consequences of the strategies
he had described, Mr. Soto-LopeZ'Continued, are
the numerous Superfund sites in Puerto Rico,
most of which, he noted, have been on the NPL
since the early 1980s. In addition to those sites,
he added, 270 sites in Puerto Rico are included in
CERCLIS; several of those sites are located on
U.S. military reservations. Communities, Mr.
Soto-Lopez stated, have little or no access to
information about contamination at such sites. It
is, he declared, no exaggeration to state that the
great majority of communities have no knowledge
abput the presence of such sites in their
neighborhoods, about the threats they pose to
human health and the environment, or about
plans for their remediation. Mr. Soto-Lopez
concluded his presentation by reading his
- proposed resolution on expedited cleanup of NPL
and CERCLIS sites in Puerto Rico.
The members of the subcommittee discussed a
number of details about the resolution, including
rephrasing the language as a request of the
NEJAC to the EPA Administrator to conform with
policies of EPA. The members also identified a
need for clarity in the action it calls for. Ms.
Garczynski suggested that the resolution should
call for a status report on the CERCLIS sites and
a more detailed report on the NPL sites; Mr. Soto-
Lopez interjected that the resolution calls for
action on the NPL sites, not a status report.
After a step-by-step review of the clauses of the
proposed resolution, the members agreed to add
an item specifically requesting a status report on
the NPL sites in Puerto Rico that includes
schedules, timetables, and goals for the
expedited cleanup of those sites. After some
discussion, they agreed to insert a request for
consideration of cumulative risk, as well as a
request that EPA's report be "written in plain
English." They also agreed to include a specific
reference to the environmental justice issues
pertinent to the case - the special cultural,
economic, and environmental circumstances, as
well as special considerations due Puerto Rico's
tropical island ecosystem. At Mr. Benjamin's
suggestion, they also agreed to request that they
receive the information by March 15, 1998, so
that members can review it before the
subcommittee's next scheduled meeting in May
1998.
3.8 Issues Related to Waste Transfer Stations
Mr. Stanislaus reviewed the proposed resolution
related to waste transfer stations in New York City
that he had submitted to the subcommittee.
Stressing the urgent nature of the situation, Mr.
Stanislaus explained that 70 percent of waste
transfer stations in the city of New York are
located in communities of color in the South
Bronx, Brooklyn, and southeast Queens.
Because the Fresh Kills Landfill, the city's only
existing municipal solid waste landfill, will close in
2002, he continued, and because the city has
determined that transfer of waste out of the city
will be the preferred method of disposal after that
time, the burden on transfer stations will double.
The city's decision, said. Mr. Stanislaus, will
require the creation or expansion of such
facilities. However, he pointed out, neither the
city nor the state has in place standards
governing siting of such facilities, nor has
litigation achieved the imposition of such
standards.
Mr. Stanislaus explained that the proposed
resolution requests action under the authorities of
the Toxic Substances Control Act (TSCA), RCRA,
the CAA, and the Coastal Zone Management Act.
The resolution, he continued, requests that EPA
undertake a study of risks associated with the
siting of transfer stations and that the assessment
include an environmental loading profile, a profile
of pollutants associated with such facilities, a risk •
characterization analysis of such pollutants,
common impact zone analyses that identify
communities affected by more than one such
facility, cumulative risk analyses of such common
impact zones, and requirements for the controPof
pollution loading from waste transfer facilities. Mr.
.Stanislaus pointed out that such a study would
identify the cumulative effects on communities of
the siting of waste transfer facilities among them.
When there are such cumulative effects, he
stated, EPA has specific responsibility to control
the sources of those effects.
Observing that 31 states have established permit
requirements for transfer stations and that such
requirements vary, Ms. Briggum suggested that
the subcommittee should gather background
information to support its consideration of the
issue. Mr. Lee, however, pointed out that the
issue is a pressing one for communities in New
York, suggesting that the subcommittee could
focus on that situation as an example of a
significant national issue.
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Durham, North Carolina, Decembers, 1997
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• National Environmental Justice Advisory Council
Waste and Facility Siting Subcommittee
•Agreeing ""fh'at f'Re issue has "implications well
beyond New York City," Mr. Whitehead cited the
current effects of operations at the New York City
landfill on the District of Columbia, to which
garbage from New York is transported routinely.
Ms. Jennings then added that Fresh Kills has a
similar effect on Hartford, Connecticut, stating that
the resolution had brought to the fore "an
immediate problem and a bigger issue, as well."
Ms. Richardson suggested that trie subcommittee
deal with the urgent issue Mr. Stanislaus had
brought to the table and consider its broader
implications on a more long-term basis. Mr. Lee
then suggested that the subcommittee report to
the NEJAC that theissue had been brought to it
Under urgent circumstances: and establish a work
group^ as well. Mr. Stanislaus agreed that the
broad implications of theiIssue could5e referred
to a work group, but declared that the urgency of
the situation "calls for immediate action." He
stated that, because the New York case is a
"trigger," ifie'risk" assessment requested in the
resolution is crucial to an ..effective approach to
the problem. Ms. Miller then suggested, to
general agreement, that the subcommittee revise
the resolution to emphasize the sections related
to air quality standards, pollutant loading, and the
effects of pollutants from transfer stations and •
request that EPA begin baseline monitoring.
Ill I I i,!i.i, aiiliiiiili" ,'"iii""" ,j",j • ,',„'•, •,,. "'.'lit,1 Kiiw ;,! i .i,':IT !• "iii „.!'.•.!.;,;,. ^ »,i
3.9 OSWER's Enyjronmenta|Justjceii;ii
Action Agenda
Ms, Angela Chung, EPA Office of the
"•'Administrator (AO), opened her remarks with a
feference to a memorandum dated December 5,
1997 from Ms. Sylvia Lowrance, Principal Deputy
Assistant Administrator, EPA Office of
Enforcement and Compliance Assurance
(OECA), to all deputy assistant administrators.
The purpose of the memorandum, Ms. Chung
said, was to "reinvigorate" EPA's Executive
Steering Committee on Environmental Justice,
which was established in early 1994 to strengthen
the agency's efforts to promote environmental
justice and to take advantage of the advice of the
NEJAC when formulating policy. She then
discussed the subcommittee's proposed
resolution on integrating environmental justice
components into the activities of all programs and
media offices of EPA and into the efforts of other
federal agencies. When Mr. Prout asked whether
the resolution would ask each deputy assistant
administrator to develop a plan to achieve that
purpose, Mr. Lee confirmed that it would. The
membe'rs of the subcommittee then discussed
several revisions that they agreed would be made
to the proposed resolution.
4.0 SUMMARY OF PUBLIC .DIALOGUE
Ms. Emelda West, St. James Citizens for Jobs
and the Environment, had been invited to address
the subcommittee when she offered comments
during the public comment period on the previous
evening. Ms. West expressed dissatisfaction with
the way in which the Louisiana Department of
Environmental Quality (DEQ) and EPA Region 6
have responded to the concerns of her
community in St. James Parish in which the
' Shintech Corporation has proposed to construct
a poiyvihylchloride (PVC) production facility. Ms.
West pointed out that the community suffers
disproportionately from threats to human""fteaTtK
and the environment generated by the numerous
industries already located in the parish. She then
stated that the establishment of such industrial
facilities in the community, in which she lives,
would not bring jobs to that community, as has
been suggested. She explained that the average
person iri'the parish is not computer literate arid
is not prepared for the types of employment such
facilities bring to a community. She added that
some local residents "can't even fill out job
applications, jet alone write resumes." Therefore,
she HeclareH, lew people in the community
actually benefit from jobs created by industries
locating in the parish. Ms. West closed her
comments with an impassioned plea for relevant
and appropriate job training for the young people
of the community",' training that ."meets people
where they are."
5.0 RESOLUTIONS AND SIGNIFICANT
ACTION ITEMS
This section summarizes the resolutions
discussed by the Waste and Facility Siting
Subcommittee and forwarded to the Executive
Council of the NEJAC for consideration. It also
summarizes several significant action items the
subcommittee adopted.
The members of the subcommittee discussed a
resolution in which the NEJAC requests that EPA
provide to the subcommittee a status report on
NPL sites and potential NPL sites - that is, sites
included in CERCLIS — in Puerto Rico. The
resolution specifically requests that the report
include schedules, timetables, and goals for the
expedited cleanup of the NPL sites. The
resolution was forwarded to the Executive Council
of the NEJAC for consideration.
Durham, North Carolina, December 9, 1997
8-13
-------
Waste and Facility Siting Subcommittee
National Environmental Justice Adv.
The members of the subcommittee discussed a
resolution in which the NEJAC requests that EPA
take immediate action to address issues related
to the siting of waste transfer stations located in
communities of color in New York City and the
impending creation and expansion of such
facilities as a result of the closure in 2002 of the
Fresh Kills Landfill and the city's decision that,
after that closure, waste will be transported out of
the city for disposal. The resolution specifically
requests.that EPA begin baseline monitoring of
air quality under authority of the CAA. The
resolution was forwarded to the Executive Council
of the NEJAG for consideration.
The members of the subcommittee discussed a
resolution in which the NEJAC requests that EPA
actively pursue the integration of environmental
justice components into the activities of all
programs and media offices of the agency and
into the efforts of other federal agencies. The
resolution was forwarded to the Executive Council
of.the NEJAC for consideration.
The members of the subcommittee adopted the
following significant action items:
• Create a work group'of the subcommittee to
plan a roundtable meeting, to be
cosponsored by the subcommittee with the
Health and Research Subcommittee of the
NEJAC, on risk assessment under RCRA.
Participants will explore basic issues and
examine such alternative approaches to risk
assessment as consideration of cumulative
• risk, effects of pollution on vulnerable
populations, effects of social and cultural
patterns, . and integration of public
participation in the assessment process. Ms. -
Miller; Mr. Stanislaus; Mr. Whitehead; Ms.
Kawasaki; Ms. Dollie Burwell, Warren County
Concerned Citizens Against PCB; and Ms.
Tucker are to serve on the work group.
V Create a work group of the subcommittee to
explore environmental justice issues related
•- to siting and permitting under RCRA. The
work group will plan two workshops on the
issue. Ms. Briggum, Mr. Soto-Lopez, Ms.
Belille, and Mr. Stanislaus are to serve on the
'workgroup.
• Create a work group of the subcommittee to
examine broad issues related to the siting
throughout the nation of waste transfer
stations —. issues such as those brought to
the fore by the massive increase in the
number of such facilities opening in New York
City in anticipation of the closing of the Fresh
Kills Landfill, scheduled for 2002. Mr.
Stanislaus, Mr. Whitehead, Ms. Kawasaki,
and Ms. Briggum are to serve on the work
group.
Create a work group of the subcommittee to
examine CISs, review those versions that
EPA currently is developing, and prepare
recommendations about the focus and scope
of CISs. Mr. Prout, Ms. Jennings, Mr.
Holmes, Ms. Burwell, Ms. Briggum, Ms.
Belille, Ms. Richardson, and Ms. Kawasaki
are to serve on the work group.
8-14
Durham, North Carolina, Decembers, 1997
-------
I f i ''It1 •, ' t
-------
Appendix A
List of NEJAC Members
-------
mil
ill
I , ' ',-1
-------
NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
Alphabetical List of Members
1997-1998
DESIGNATED FEDERAL OFFICIAL
Robert J. Knox, Acting Director
Office of Environmental Justice
U.S. Environmental Protection Agency
401 M Street, SW (MC 2201 A)
Washington, DC 20460
Phone: (202)564-2515
Fax: (202)501-0740
E-mail: king.marva@epamail.epa.gov
Don J. Aragon - 3 years
Wind River Environmental Quality Commission
Shoshone and Northern Arapaho Tribes
P.O. Box 217
Fort Wasakie, WY 82514
Phone: (307)332-3164
FAX: (307) 332-7579 ,
E-mail: wreqc-twe@wyoming.com
Les//e Ann Beckhoff - 2 years
Conoco/DuPont (CMA)
One Lakeshore Drive, Suite 1000
Lake Charles, LA 70629
Phone:(318)497-4834
Fax:(318)497-4717
E-mail: leslie.a.beckhoff@usa.conoco.com
Jean M. Belille - 3 years
Western Communities Program
2260 Baseline Rd, Suite 200
Boulder, CO 80302
Phone: (303)444-1188, x216
Fax: (303) 786-8054
E-mail: landwater@lawfund.org
Christine Benally -1 year
Sanostee Chapter of the Navajo Nation
P. O. Box 722
Shiprock, NM 87420
Phone: (505) 368-1260
Fax: none
E-mail: none
Sue Briggum - 2 years
WMX Technologies, Inc.
601 Pennsylvania Avenue NW
North Building #300
Washington, DC 20004
Phone: (202) 628-3500
Fax: (202)628-0400
E-mail: sue_briggum@wastemanagemnt.com
Dollie B. Burwell - 1 year
Warren County Concerned Citizens Against PCB
P.O. Box 254
Warrenton.'NC 27589
Phone: (919)257-2942
Fax: (919)257-1309
E-mail: w.burw@aol.com
.CHAIR
Haywood Turrentine, Executive Director
Education and Training Trust Fund
500 Lancaster Pike
Exton, PA 19341
Phone: (610)524-0404
Fax: (610)524-6411
E-mail: none
Other Members
Luke W. Cole - 2 years
Center on Race, Poverty and the Environment
California Rural Legal Assistance Foundation
631 Howard Street, Suite 330
San Francisco, CA 94105-3907
Phone: (415)495-8990
Fax: (415)495-8849
E-mail: crpe@igc.apc.org
Mary R. English -1 year
Associate Director
'Energy Environment and Resources Center
600 Henley Street, Suite 311
University of Tennessee
Knoxville, TN 37996-4134
Phone: (423)974-3825
Fax: (423)974-1838
E-mail: menglish@utk.edu
Rosa Franklin - 2 years
Washington State Senate
409 Legislative Building
P.O. Box 40482
Olympia.WA 98504-0482
Phone: (360)786-7656
Fax: (360)786-7524
E-mail: franklin_ro@leg.wa.gov
Arnoldo Garcia - 2 years
Development Director
Urban Habitat Program
Earth Island Institute
2263 41st Avenue
Oakland, CA 94601
Phone: (415)561-3332
Fax: (415)561-3334
E-mail: agarcia@igc.apc.org
Graver Hankins -1 year
Director
Environmental Justice Project
Texas Southern University
3100 Cleburne Avenue
Houston, TX 77004
Phone: (713) 313-7287
Fax: (713)313-1087
E-mail: ghankins@tsulaw.edu
-------
National Environmental Justice Advisory Council
List of Members for 1997-1998
Page 2
in in in in i ', i,,' 's '" „
James Hill - 2 years
Klarrjath Tribe
P.O. Box 436
Chiloquin, OR 97624
Phone: (541)783-2218
Fax: (541)783-2029
E-mail: jhill@cvc.net
Lawrence G. Hurst- 1 year
;;,;„;„ .Cjiiej[of Staff,, Communication & Public Affairs
'""!', 'l/iotoro'laj'tric.'
3102 N. 56th Street
Mail Drop R 56-103
P'hoentx.AZ 85018
PhQQe; (602)952-3008
Fax: (602)952-3145
E-mail: r38060@email.sps.mot.com
Annabelle Jaramillo - 3 years
Office of the Governor
Rom 160, State Capitol
Salem, OR 97310
Phone: (503)378-5116
'(i '"Fax: (503)378-4863
E-mail: annabelle.e.jaramillo@state.or.us
Lillian Kawasaki-1 year
General Manager
City of LosAngeles
Environmental Affairs Department .
201 North Figueroa Street, Suite 200
LosAngeles, CA 90012
Phone: (213)580-1045
Fax: (213)580-1084
E-nqail:
Charles Lee - 1 year
Director of Environmental Justice
United Church of Christ
Commission'ipr Racial" Justice
475Riverside'brive','Ii6-!n'lFl|oor
New York, NY 10115
Phone: (212)870-2077
Fax: (212)870-2162
E-mail: 103001.2273@compuserve.com
Gerald Proof - 2 years
FMC Corporation
1667 K Street, NW, Suite 400
Washington, DC 20006
Phone: (202) 956-5209
Fax: (202)956-5235
E-mail: jerry_prout@fmc.com
Rosa Hilda Ramos - 2 years
Community of Catano Against Pollution
La Marina Avenue
Mf 6, Marina Bahia
Cataflo, Puerto Rico 00962
Phone: (787)788-0837
Fax: (787)788-0837
E-mail: rosah@coqui.net
Arthur Ray-1 year
Maryland Department of the Environment
2500 Broening Highway
Baltimore, MD 21224
Phone: (410)631-3086 .
Fax: (410)631-3888
E-mail: aray@charm.net
vissnaw- 3'years'
Deputy Commissioner for Environmental Quality Control
South Carolina Dept. Of Health and Environmental Control
303 J. Marion Sims Building
2600 Bull Street
Columbia, SC 29201
Phone: (803)734-5360
Fax: (803)734-9196
E-mail: shawrl@columb30.dhec.sc.us
Gerald Torres - 3 years
University of Texas Law School
727 East Dean Keeton, Room 3.266
Austin, TX 78705
Phone: (512)471-2680
Fax: (512)471-6988
E-mail: gtorres@mail.law.utexas.edu
Haywood furrentine - 1 year
Education and Training Trust Fund
500 Lancaster Pike
Exton, PA 19341
Phone: (610)524-0404
Fax: (610)524-6411
E-mail: none
Baldemar Velasquez -1 year
Director
Farm Labor Organizing Committee
1221 Broadway
Toledo, OH 43609
""Phone: """(4l"9) 243-3456 ;
Fax: "(4i§) 243-5655
E-mail: none
Damon P. Whitehead - 3 years
Earthjustice Legal Defense Fund
1625 Massachusetts Avenue, NW
Suite 7(52
Washington, DC 20036-2212
Phone: (202)667-4500
Fax: (202) 667-2356
E-mail: dpw12@rocketmail.com
Margaret L. Williams - 2 years
Citizens Against Toxic Exposure
6400 Marianna Drive
Pensacola, FL 32504
Phone: (850)494-2601
Fax: (850)479-2044
E-mail: none
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-------
NEJAC ENFORCEMENT SUBCOMMITTEE
List of Members
1997-1998
DESIGNATED FEDERAL OFFICIAL
Sherry Milan
Office of Enforcement and Compliance
Assurance
U.S. Environmental Protection Agency
401 M Street, SW (MC 2201 A)
Washington, DC 20460
Phone: (202)564-2619
Fax: (202)501-0284
E-mail: milan.sherry@epamail;epa.gov
CHAIR
Arthur Ray-1 year (SL)
Deputy Secretary
Maryland Department of the Environment
2500 Broening Highway
Baltimore, MD 21224
Phone: (410)631-3086
Fax: (410)631-3888
E-mail: aray@charm.net
Other Members
Leslie Beckhoff - 2 years (IN) *
Conoco/Dupont
One Lakeshore Drive, Suite 1000
Lake Charles, LA 70629
Phone: (318)497-4834
Fax: (318)497-4717
E-mail: leslie.a.beekhoff@usa.conoco,com
Lament Byrd - 2 years (NG)
International Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001
Phone: (202)624-6960
Fax: (202) 624-8740
E-mail: LByrd60933@aol.com
Luke Cole - 2 years (NG) *
General Counsel
Center on Race, Poverty and the
Environment
California Rural Legal Assistance
Foundation
631 Howard Street, Suite 330
San Francisco, CA 94105-3907
Phone: (415)495-8990
Fax: (415)495-8849
E-mail: crpe@igc.apc.org
Richard T. Drury- 2 years (NG)
Legal Director
Communities for a Better Environment
500 Howard Street, Suite 506
San Francisco, CA94105
Phone: (415)243-8373
Fax: (415)243-8930
E-mail: cbelegal@igc.apc.org
Grover Hankins -1 year (AC) *
Thurgood Marshall School of Law
Texas Southern University
3100 Cleburne Avenue, Room 212
Houston, TX 77004
Phone: (713)313-7287
Fax: (713)313-1087
E-mail: ghankins@tsulaw.edu ,
David Harris, Jr. - 3 years (EV)
Land Loss Prevention Project
116 Shady Spring Place
Durham, "NC 27713
Phone: (919)682-5969
Fax: (919)403-8200 •
E-mail: dharris744@aol.com
• /
Rita Harris - 3 years (CG)
Mid-South Peace and Justice Center
P.O. Box11428
499 Patterson Street, Room 301
Memphis, TN 38111-0428
Phone: (901)452-6997
Fax; (901)452-7029
E-mail: pax@magibox.net
Lillian Mood- 3 years (SL)
Community Liaison
South Carolina Department of Health and
Environmental Control
2600 Bull Street
Columbia, SC 29201 .
Phone: (803) 734-5440 "
Fax: (803)734-9196
E-mail: moodlh@coiumb30.dhec.state.sc.us.
* Denotes NEJAC Executive Council Member
AC=Academia CG=Communiiy Group EV=Environmental Group IN=lndustry
SL=State/Local Government NG=Nongovernmental Organization TR=Tribal
-------
Ill
Illllll
PeggyM.Shepard-i year
Executive Director
West Harlem Environmental Action, Inc.
271 West 125th Street, Suite 2i1
New York, R? 10027 " '
Phone: (silSTSSH-'lfSiS, ExC 303
Fax: (212)961-1015
E-mail: whea@igc.apaorg
Gerald Torres - 3 years (AC) *
University of Texas Law School
727 East Dean Keeton, Room 3.266
Austin, TX 78705
Phone: (5127471-2680
Fax: (512)471-6988
E-mail: gtorres@mail.law.utexas.edu
* Denotes NEJAC Executive Council Member
ACsAcademia CG=CommunHy Group EV=Environmental Group
SL=State/Local Government NG=Nongovernmental Organization
IN=lndustry
TR=Tribal
-------
NEJAC HEALTH AND RESEARCH SUBCOMMITTEE
List of Members
1997-1998
DESIGNATED FEDERAL OFFICIALS
Carol Christensen
Office of Pollution Prevention and Toxics
U. S. Environmental Protection Agency
401 M Street, SW (MC 7408)
Washington, DC 20460
Phone: (202)260-2301
Fax: (202)401-8142
Email: christensen.carol@epamail.epa.gov
Lawrence Martin
Office of Research and Development
U.S. Environmental Protection Agency
401 M Street, SW (MC 8105)
Washington, DC 20460
Phone: (202) 564-6497
Fax: (202)565-2926
E-mail: martin.lawrence@epamail.epa.gov
CHAIR
Mary R. English -1 year (AC)
Associate Director
Energy, Environment, and Resources Center
University of Tennessee
600 Henley Street, Suite 311
Knoxville, TN 37996-4134
Phone: (423) 974-3825
Fax: (423)974-1838
E-mail: menglish@utk.edu
Other Members
Don J. Aragon - 3 years (TR) *
Executive Director
Wind River Environmental
Quality Commission
Shoshone and Northern Arapaho Tribes
P.O, Box 217
Fort Washakie, WY 82514
Phone: (307)332-3164
Fax: (307)332-7579
E-mail: wreqc-twe@wyoming.com
Douglas M. Brugge -1 year (AC)
Department of Community Health
School of Medicine
Tufts University
136 Harrison Avenue
Boston, MA 02111
Phone: (617)636-0326 ,
Fax: (617)636-7417
E-mail: dbrugge@aol.com
Michael J. DiBartolorheis - 3 years (SL)
California Office of Environmental
Health Hazard Assessment
2151 Berkeley Way, Annex 11, Room 721
Berkeley, CA 94704
Phone: (510)540-2665
Fax: (510)540-3063
E-mail: berkeley.mdibarto@hw1 .cahwnet.gov
Rosa Franklin - 2 years (SL) *
Washington State Senate
409 Legislative Building
P.O. Box 40482
Olympia, WA 98504-0482
Phone: (360)786-7656
Fax: (360)786-7524
E-mail: franklin_ro@leg.wa.gov
Penn S. Loh -1 year (NG)
Alternatives for Community and Environment
2343 Washington Street, 2nd Floor
Roxbury, MA 02119
Phone: (617)442-3343
Fax: (617)442-2425
E-mail: psloh@ix.netcom.com
Andrew McBride -1 year (SL)
City of Stamford, Connecticut, Health
Department
888 Washington Boulevard
Stamford, CT 06901
Phone: (203) 977-4396
Fax: (203) 977-5506
E-mail: amcbride@ferg.lib.ct.us
* Denotes NEJAC Executive Council Member
AC=Academia CG=Community Group EV=Environmental Group
SL=State/LocaI Government
NG=NongovernmentaI Organization
iN=lndustry
TR=Trifaal
-------
1 inmLkV'Min, 'III illlLiiJll"! "W",, :i',iJi;.:i|i< !!!|, VPillllll '. V i
-------
NEJAC INDIGENOUS PEOPLES SUBCOMMITTEE _
List of Members
1997-1998
DESIGNATED FEDERAL OFFICIAL
Elizabeth Bell
American Indian Environmental Office
U.S. Environmental Protection Agency
401 M Street, SW (MC 3103)
Washington, DC 20460
Phone: (202)260-8106
Fax: (202)260-7509
E-mail: bell.elizabeth @ epamail.epa.gov
CHAIR
James D. Hill-2 years (TR) *
Klamath Tribe
P. O. Box 436
Chiloquin, OR 97624
Phone: (541)783-2218
Fax: (541)783-2029
E-mail: jhill@cvc.net
Other Members
Dwayne Beavers - 2 years (TR)
Cherokee Nation/OES
P.O. Box 948
Tahlequah, OK 74465-0671
Phone;(918)458-5496
Fax: (918)458-5499
E-mail: dbeavers@netsites.net
Christine Benally-1 year (TR) *
Sanostee Chapter of the Navajo Nation
P.O. Box 722
Shiprock,NM 87420
Phone: (505) 368-7051
Fax: (505)368-7011
E-mail: cbenally@ navsra.navajo.lhs.gov
Astel Cavanaugh -1 year (IN)
Ecosystem Development
Spirit Lake Nation .
P.O. Box 222
St. Michael, ND 58370
Phone: (701)766-4803
Fax: (701)766-4253
E-mail: none
George Godfrey - 3 years (AC)
Haskell Indian Nations University
155 indian Avenue
Lawrence, KS 66046
Phone: "(913)749-8428
Fax: (913)832-6613
E-mail: ggodfrey@ hsrv.nass.haskell.edu
Brad Hamilton - 3 years (SL)
Docking State Office Building
915 South West Harris .
Room 611, North
Topeka, KS 66612-1510
Phone: (785)368-6613
Fax: (785)296-4685
E-mail: bbh@srsexec.wpo.state.ks.us
Sarah James (Tribal Elder) - 3 years (NG)
Council of Aphabascan Tribal Government
P.O. Box 33 .
Fort Yukan, AK 99740
Phone: (907)662-2587
Fax: (907)662-3333
E-mail: none
Richard Monette -1 year (AC)
University of Wisconsin Law School
975 Bascom Mall
Room 6112, Law Building
Madison, WI 53706
Phone: (608) 263-7409
Fax: (608)262-2240
E-mail: rmonette @facstaff.law.wisc.edu
Charles Stringer-1 year (TR)
White Mountain Apache Tribe
P.O. Box 476
LaPointe, Wl 54850
Phone: (715)747-6571
Fax: (715)747-6571
E-mail: cstringer@juno.com
AC=Academia CG=Community Group
NG=Nongovemmental Organization
EV=Environmental Group
TR=Triba!
IN=lndustry SL=State/Local Government
-------
NEJAC INTERNATIONAL SUBCOMMITTEE
List of Members
1997-19S8
DESIGNATED FEDERAL OFFICER
DonaCanales
Office of International Activities
U.S. Environmental Protection Agency
:• -Mi ffi Street,"'SW 2670R
^Washington, DC 20460
Phone: (202)564-6442
1221
"'" .;, "-iE-ma|l:iiC^nales.dona@epamail.epa.gov
CHAIR
Baldemar Velasquez, (NG) *
Director
Farm Labor Organizing Committee
Broadway
Toledo, OH 43609
Phone:(419)243-3456
Fax: (419)243-5655
E-mail: bvelasquez@accesstoledo.com
P
"" • iisi* vil:i; "'"'slfi j'*'f ?':,«: sii iAf'i-yiii/.ir^/'/^y'I''!K; :'^i >v "W*^.
Amoldo Garcia (EV) *
Earth Island Institute
2263 41st Avenue
Oakland, CA 94601
Phone:(415)561-3332
Fax: (415)56£3334 ; ;;; ; ; \;;;
E-mail: agarcia@lgc.apc.org
{ Bill Simmons (TR)
International lndianiiiTreaiy' Council" /^'^ ' ^
24-i2Bakwom"b"nve,"l§E '_"""_""" """ | ""'" ' i "
Olympia, Wash 98513
Phone: (415) 512-1501
Fax: (415) 512-1507
54 Mint Street. S"mte"46d
III II I I I III II I Hi', .'IliiiJIiliiaili'lJ'':'!";! Mi "i. ', "i ,'l ' i Jtlilnir i ",": i :i. I';'',,1!
San Francisco, CA 94103
.,.
er Members
,!!; .if1,;1" i vn.m,5"'j, I1.*.
'"1 '
timmi
i
Citizens for Environmental Justice
1115 Habersham Street .
Sayannah, GA 31401
rphone: "(912) 233-0907
Fax: (912)233-5105
E-mail:cfej@bellsouth.net.
Janet Phoenix (NG)
Public Health Programs
National Lead Information Center
1025 Connecticut Ave, NW
Suite 1200
Washington, DC 20036
Phone: (202) 974-2474
Fax: (202)659-1192
E-mail: phoenixj@nsc.org
!l
Beth Hailstock, R.S. (SL)
Director
Environmental Justice Center
Cincinnati Health Department
3101 Burnet Avenue
Cincinnati, Ohio 45229
Phone: (513) 357-7206
Fax: (513) 357-7290
' Maria De/ Cafmen"Lfbran.,"Ph.D. (AC)
'AssistahTP'rSfessbr
Department of Horticulture
Qriiversify of Puerto Rico- Mayaguez
G.P.O. Box 5000 College Station
Mayaguez, P.R. 00681-5000 ' -
"Phone":
' Fax: ;' (787)"265-0860
E-mail: m_liD"rin@rurriac^upr.clu.edu ",
Cydia Cuykendall (IN)
Star Enterprises (Texaco)
12700 NorthBorough Drive
Houston, TX 77067-2508
Phone:(281)874-3820
Fax:(281)874-7041
E-mail: cuykecj@starent.com
AC=Academia CG=Community Group
Goyemment
NG=Nongovemmental Organization
EV=Environmental Group IN=lndustry
TR==Tribal
in
i ! Hi'
SL=State/Local
-------
NEJAC PUBLIC PARTICIPATION AND ACCOUNTABILITY SUBCOMMITTEE
List of Members
1997-1998
DESIGNATED FEDERAL OFFICIAL
Renee L. Gains
Office of Environmental Justice
U.S. Environmental Protection Agency
401 M Street, SW (MC 2101 A)
Washington, DC 20460
Phone: (202)564-2598
Fax: (202)501-0740
E-mail: goins.renee@epamaii.epa.gov
CHAIR
Rosa Hilda Ramos - 2 years (CG)*
Community Leader
Community of Catano Against Pollution
Avenida La Marina
Mf 6, Marina Bahia
Catano, PR 00962
Phone: (787)788-0837
Fax: (787)788-0837
E-mail: rosah@coqui.net
Other Members
Frank Coss -1 years (NG)
President
Comite Timpn Calidad Ambiental de Manati
, (COTICAM)
P.O. Box 1459
Manati, PR 00674
Phone: (787)884-0212
Fax: (787)854-5756
E-mail: none
Delbert DuBois - 3 years (CG)
Four Mile Hibberian Community
Association, Inc.
Four Mile Lane
Charleston, SC 29405
Phone: (803) 853-4548
Fax: (803)792-3757
E-mail: none
Robert Holmes - 3 years (AC)
Director
The Southern Center for Studies in
Public Policy
Cfark Atlanta University
223 James P. Brawley Drive, SW
Atlanta, GA 30314
Phone: (404) 880-8089
Fax: (404)880-8090
E-mail: bholmes@cau.edu
Lawrence G. Hurst -1 years (IN) *
Chief of Staff, Communication & Public Affairs
Motorola, Inc.
3102 N. 56th Street
Mail Drop R 56-103
Phoenix, AZ 85018
Phone: (602)952-3008
Fax: (602)952-3145
E-mail: none
Annabelle E. Jaramillo - 3 years (SL) *
Citizens' Representative
Office of the Governor
State of Oregon
160 State Capitol
Salem, OR 97310
Phone: (503) 378-6827
Fax: (503)378-4859 .
E-mail: anhabel!e.e.jaramillo@state.OR.US
Mamie Rupnicki - 3 years (TR)
Prairie Band of Potawatomie Tribe in Kansas
14880 K Road ... •
Mayetta, KS 66509-9114
Phone: (913) 966-2255
Fax: (913)966-2954
E-mail: none . ..
Haywood Turrentine -1 year (NG)**
Executive Director
Laborers' District Council of Education and
Training Trust Fund
500 Lancaster Pike
Exton, PA 19341
Phone: (610)524-0404
Fax: (610)524-6411
E-mail: none .- •
* Denotes NEJAC Executive Council Member ** Denotes^NEJAC Chair .
AC=Academia CG=Comrhunity Group EV=Environmental Group ' . IN=lndustry
SL=State/Local Government . NG=NongovernmentaI Organization TR=Tribal
-------
NEJAC WASTE AND FACILITY SITING SUBCOMMITTEE
List of Members
": .'.' '• ' ':" '• 1997-1998 - '
vj. W >i »!' ,ii ,!!!*.•
'l&ffi.'iif
l^jti; >i'!:B>
;':'!; |: I "i 'iFWi
ii l.li :•• .'HV
. "DESIGNATED FEDERAL OFFICIAL '
-Kent Benjamin
Office of Solid Waste and Emergency
I'lJEI!!;! if1 'I"!i|t l"'"1 ' l|"1 1'1"1 l"111'"" '"ll ' |1|liillil11 ln "' 'li'1*11!!..:!!"!^'!.!.'!"".!!""1.!''!'1111 •
Response
U.S. Environmental Protection Agency
401 M Street SW (MC 5101)
ill III! I IP Jl III . IIIIIII i I I li I HI III II III III v / .
yvashington, DC 20460
Phone: (202)260-1692
Fax: (202)260-6606
"E-ma'if[benjarnin.kent@epamail.epa.gov
Jean Belille - 3 years (EV) *
Director
Western Communities Program
2260 Baseline Road, Suite 200
i'lou'lder, CO 80501
ggini'ii,' 'mniiiw ,,\ (iiii!! I."* iiiilii ', "fis, •''ii • /'f .• • '!• '.11'in '!'::i.i' i'i ii :IJ"'.''-.'' i i
Dollie Burwell- l year (CG) *
rgp pourjty Concerned Citizens Against
is =' pci ":'"' '
P.O. Box 254 '
Lillian Y. Kawasaki'-"I years (SL) *
: General Manager
l-'L-vIHL''!.!!*!! ' WWHOilt
Department of Environmental Affairs
^Crtyaf Los'Angeles
Warenton,''''NC''27589
Phone: (919) 257-1353
. "^^'(Si'g)' 257-5651
E-mail: w.burw@aol.com
201 North Figueroa, Suite 200
LosAhgele'si CA 90012
Phone: (213) 580-104i5
Fax:" ^Ti3)'580-1084 '
E-mail: lkawasak@ead.ci.la.ca.us
Vernice Miller - 3 years (CG)
Director
Environmental Justice Initiative
Natural Resources Defense Council
4p West 20th Street
New York, NY 1p01i
Phone: (212)727-4461
Fax: (212)727-1773
E-mail: yrniiler@nrdc.org
* Denotes NEJAC Executive Council Member
AC=Academia CG=Community Group EV=EnvironmentaI Group
SL=State/LocaI Government
NG=Nongovernmental Organization
IN=lndustry
TR=Tribal
-------
NEJAC Waste and Facility Siting Subcommittee
List of Members for 1997 -1998
Page 2
Gerald Prout - 2 years (IN) *
Director, Regulatory Affairs
FMC Corporation
1667 K Street, NW, Suite 400 '
Washington, DC 20006
Phone: (202)956-5209
Fax: (202) 956-5235
E-mail: jerry_prqut@fmc.com
Brenda Lee Richardson - 3 years (NG) .
Women Like Us
P.O. Box 31003
3008 24th Place -
Washington, DC 20030. ' '
Phone: (202)678-1978
Fax: (202) 678-5381
E-mail: none
Ricardo Soto-Lopez - 2 years (EV)
Puerto Rico - Northeast Environmental Justice.
Network
75 Park Avenue
Newark, NJ 07104
Phone: (973)482-8312
Fax: (973)482-1883
.E-mail: none
Mathy V. Stanislaus - 2 years (NG)
Director
Environmental Compliance
Enviro-Sciences, Inc.
111 Howard Boulevard, Suite 108
Mt. Arlington, NJ 07856
Phone: (973) 398-8183 ext. 1246
Fax: (973)398-8037
E-mail: mstanisl@enviro-sciences.com
Connie Tucker- 1 year (NG)
Executive Director
Southern Organizing Committee for Economic
and Social Justice
P.O. Box10518
Atlanta, GA 30310
Phone: (404) 755-2855
Fax: (404)755-0575
.E-mail: socejp@igc.apc.org
Damon P. Whitetiead- 3 years (EV) *
Associate Attorney
Earthjustice Legal Defense Fund
1625 Massachusetts Avenue, NW
Suite 702
Washington, DC 20036-2212
Phone: (202)667-4500
Fax: (202) 667-2356
E-mail: dpw12@rocketmail.com
* Denotes NEJAC Executive Council Member
AC=Academia CG=Community Group EV=Environmental Group IN=lndustry
SL=State/Local Government NG=Nongovernmental Organization • TR=Tribal
-------
I" IIP
III I
|
'
, . i . , ,
-, '^ ;;, /I,!/: ;p p, • ;r [; , •(, ;-,;-:.;' ;[. ; i • : "',';,- ( ; , • • ;. ; i • ',:i(| ;: ( i' i :;* 'IStlp :« W ;.,.-;
'"i K',:,1" ViSi*)-; '{ ri.'lT'j,:,'^ '•;•:"!,- ; , u !,;, • •. i1 t'S '.•;'. ...... ! ..... :is«;i,«tV;^
. i-'S .' il^'Jillii;';* >r liiiif.' i'ili
isl^^^^
-------
Appendix B
List of Participants
-------
Ill I t
III III IIII III I 111 I Illllllllllllllllllllllllllllllll 11 111 111 III II II1111 III 111 Illlllllllll I II III II 111 11 III
Ill II III I Illlllllllll I 111 111 I I II
Jill II II 111 II I III I I Illlllllllll Illlllllllll I Illlllllllll
-------
NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
Durham, North Carolina
December 8 through 10,1997
List of Participants
Rosana Abedin
Graduate Student
Nicholas School of the Environment
'Duke University
1901 Erwin Road, Apt.14
Durham, NC 27705
Phone: 919-613-3179
Fax: Not Provided
E-mail: ra5@duke.edu
Mustafa AH
Office of Environmental Justice
Office of Enforcement and Compliance
Assurance
U.S. Environmental Protection Agency
401 M Street, SW (MC 2201 A)
Washington, DC 20460
Phone: 202-564-2606
Fax: 202-501-0740
E-mail: ali.mustafa@epamail.epa.gov
Michele Altemus
White House Council on Environmental Quality
722 Jackson Place, NW
Washington, DC 20503
Phone: 202-456-6224
Fax: 202-456-0753
E-mail: Not Provided
Aurora Alvarez
ECO Intern
Office of Environmental Justice
Office of Enforcement and Compliance
Assurance
U.S. Environmental Protection Agency
401 M Street, SW (MC 2201 A) '
Washington DC 20460
Phone: 202-564-2636
Fax: 202-501-0740
E-mail: alvarez.aurora@epamail.epa.gov
Yolanda Banks Anderson, Ph.D
Director • •
Environmental Science Program
North Carolina Central University
125 William Jones Building
1801 Fayetteville Street
Durham, NC 27707
Phone: 919-560-5296
Fax: 919-560-5444
E-mail: yandersn@wpo.nccu.edu
Don Aragon
Executive Director
Wind River Environmental Quality Commission ,
Shoshone and Northern Arapaho Tribes
P.O. Box 217
Fort Washakie, WY 82514
Phone: 307-332-3164
Fax: 307-332-7579
E-mail: wreqc-twe@wyoming.com
Mitchell Archer .
Program Manager
Impact Team
City of Durham, NC
314 Mangum Street
Durham, NC 27707
Phone: 919-560-4137
Fax: 919-560-4641
E-mail; marcher@ci.durham.nc.us
John Armstead
Associate Director
Waste and Chemicals Management Division
Region 3
U.S. Environmental Protection Agency
841 Chestnut Street (3WCOO)
Philadelphia, PA 19107
Phone: 215-566-3127
Fax: 215-566-3113
E-mail: armstead.john @ epamail.epa.gov
Alfredo Bahena
Farmworker Association of Florida, Inc.
815 South Park Avenue
Apoka, FL 32703
Phone: 904-749-9826
Fax: 904-749-1718
E-mail:' Not Provided
Ann Bailey
Branch Chief
U.S. Environmental Protection Agency
.401 M Street, SW
Washington, DC 20460
Phone: 202-564-3899
Fax: 202-564-0022
E-mail: bailey.ann@epamail.epa.gov
Patrick A. Barnes
Science Advisor
NCPCB Landfill Working Group
3655 Maguire Boulevard
Orlando, FL 32803
'Phone: 919-257-1948
Fax: 919-257-1000
E-mail: Not Provided
Jesse Baskerville
Director . - • .
Toxics and Pesticides Enforcement Division
Office of Enforcement and Compliance
Assurance
U.S. Environmental Protection Agency
401 M Street, SW (MC 2245A)
Washington, DC 20460
Phone: 202-564-2325
Fax: 202-564-0023
E-mail: baskerville.jesse @ epamail.epa.gov
Sharon Beard
Industrial Hygienist
Worker Education and Training Program
National Institute of Environmental Health
Sciences . •
U.S. Department of Health and Human Services
P.O. Box 12233 (MD 17-03)
Research Triangle Park, NC 27709-2233
Phone: 919-541-1863
Fax: 919-541-0462
E-mail: beardl ©niehs.nih.gov
Dwayne Beavers
Program Manager
Office of Environmental Services
Cherokee Nation
P.O. Box 948
Tahlequah, OK 74465-0671
Phone: 918-458-5496
Fax: 918-458-5499
E-mail: Not Provided
Marvis M. Bedford
Waste Management Division
Region 4
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, GA 30303-3104
Phone: 404-562-8672
Fax: 404-562-8628
E-mail: bedfQrd.marvis@epamail.epa.gov
Jean Belille
Director
Western Communities Program
2260 Baseline Road, Suite 200
Bouldec, CO 80501
Phone: 303-444-1188
Fax: 303-786-8054
E-mail: landwater@lawfund.org
Christine Benally, Ph.D.
Vice President
Sanostee'Chapter of the Navajo Nation
P.O. Box 722
Shiprock, NM 87420
Phone: 505-368-7051
Fax: Not Provided
E-mail: cbenally@navsr.navajo.ihs.gov
Kent Benjamin
Program Analyst
Outreach and Special Projects Staff
Office of Solid Waste and Emergency Response
U.S. Environmental Protection Agency
401 M Street, SW (MC 5101)
Washington, DC 20460
Phone: 202-260-1692
Fax: 202-260-6606 .
E-mail: benjamin.kent® epamail.epa.gov
-------
:,„,,„:_ ,,;,,, .i.U^JACMeeting
(• j",: 'S^'~* ^BecirjfifigfJ^ffirough' 10",'1997
David Bennett
Office of Emergency & Remedial Response
U.S. Environmental Protection Agency
401 M Street, SW (MC 5202G)
Washington! DC 20460
" Phorw 703-603-8759
Fax: Not Provided
E-ma!k Not Provided
Michelle Berditschevsky
Native Coalition for Cultural Restoration of
Mount Shasta
P.O. Box 1143
Mount s;tias|a, CA 96067
Phone: S3fr92jr§397:L
Fax; "'i§f926-3397", ""„""'' "\ ",„''"„'" ',,",'''''
E-maik ecplogy@macshasta.com
Linda Boornazian
Director
policy and Program Evaluation Division
I Offfe© pf.Enlsrcemept.and Compliance
"' Assurance „"".,„',„ '
U.S, Environmental Protection Agency
401 M Street, SW (MC2273A)
Washington, DC 20460
Phono: 202-564-5104
Fax: 202-564-0093
E-matk bpprnazfan.llnda®epamail.epa.gov
Doris Bradshaw
Defense Depot Memphis Tennessee Concerned
Citizens Committee
1458 Eq§J lylallpry Avenue
Memphis! TN 38106
Phone: 901-942-0329
Fax: 901-942-0800
E-ma!k ddmtccc411@aol.com
11| '-"".''I,!; j Deputy Director
1" B';$Clir'f. 'Office of Site Remediation Enforcement
Rosalind Brown
Chief
Office of Customer Services
Region 4
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, GA 30303-31 04 .
Phone: 404-562-8633
Fax: 404-562-8628
E-maik brownlr6salihd@eparnail.epa.gbv
Shirene Brown .................. ' .....
Community Resident
City of Greensboro, NC
1602 Lansdpwn Avenue
Greensboro," NC
Phone: 910-274-5943
Fax: Not Provided
E-mail: Not Provided
is1" T'Kiili11!1!" ;ii'":.ii:
11 l',.ffiSf.';fe«| 'Assurance
i?Tn«cp&.e
PhonK 202-564,^218
'jax:, , j|o|f6Mci^&| ...... ; ,;^ ; gy; ............. ; ..... ';..'".,
E-mail: ........ ....... Ereece.charles"@epla1ma1i.epa.gov
Rob Brenner
..................... ........... , ........................................ ...........
Office of Policy Analysis and Review
U.S. Environmental PrptectiQn Agency
"401 M Streot.",SW,' "(MC AR-443)
Washing! ori; 56 20460
Phone: ........ 202-260-5580
Fax: 202-260-9766
E-maik Not Provided
"'obugJaslBYugge ........ ..........
Department of Community Health
"School Of Medicine
Tufts University
1 36 Harrison Avenue
Boston, MA 021 11
" Phone: " 617-636-0326
' Fax: .......... 617-636:7417 ......
E-mail: dbrugge@aol.com
Floyd Buckskin
Cultural Spokesman
Pitt River Tribe
P.O. Box 6717
Fall River Mills, CA 96028
Phone: 530-336-5165
Fax: Not Provided
E-mail: Not Provided
EstelleBulka
Office of Site Remediation Enforcement
Office of Enforcement and Compliance
Assurance
U.S. Environmental Protection Agency
401 M Street, SW (MC 2273A)
Washington, DC 20460
Phone: 202-564-5111
Fax: 202-564-0091
E-maik bulka.estelle@epamail.epa.gov
Linda Burnase
' Office of Site""Remediation"and Enforcement
U.S. Environmental Protection Agency
401 M Street, SW (MC 2271A)
Washington, DC 20460
Phone: Not Provided
Fax: Not Provided
E-mail: bumase.linda® epamaij.epa.gov
Richard Burton, Jr.
6664 Highway 44
Convent, LA 70723
Phone: 504-562-3221
Fax: Not Provided
E-maik Not Provided
Dollie Burwell
Co-Chair
Warren County Concerned Citizens Against
PCB
P.O. Box 254
Warrenton, NC 27589
Phone: 919-257-1353
Fax: 919-257-5651
E-mail: w.bunw@aol.com
Chip Cameron
Special Counsel
Public Liaison and Waste Management
Office of the General Counsel
U.S. Nuclear Regulatory Commission
Washington, DC 20555
Phone: 301-415-1642
Fax: 301-415-3200
E-mail: fxc@nrc.gov
Bradley Campbell
Associate Director
Toxics and Environmental Protection
White House Council on Environmental Quality |
722 Jackson Place^ NW
Washington, DC 20503
Phone: 202-395-5750
Fax: 202-456-0753
E-maik Not Provided
Fred Campbell
Deputy Executive Director
Jamaica Natural Resources Conservation
Authority
531/2 Molynes Road
Kingston 10, Jamaica W.I.
Phone: 876-923-4061
Fax 876-923-5070
E-maik nrca@infochan.com
-------
NEJAC Meeting
List of Participants
December 8 through 10,1997
Page 3 of 13
Dona Canales
Program Analyst
Office of International Activities
U.S. Environmental Protection Agency
401 M Street, SW (MC 6202J)
Washington, DC 20460
Phone: 202-564-6442
Fax 202-565-2411
E-maik canales.dona@epamail.epa.gov
Astel Cavanaugh
Ecosystem Development
Spirit Lake Nation
P.O. Box222 , .
St. Michael, ND 58370
Phone: 701-766-4803
Fax 701-766-4253
E-mail: Not Provided
Larry Charles
ONE/CHANE, Inc.
2065 Main Street
Hartford, CT 06120
Phone: 860-233-3435
Fax 860-232-7691
E-mail: larry.charles@snet.net
Willard M. Chin '
Environmental Justice Coordinator
Region 9
U.S. Environmental Protection Agency
75 Hawthorne Street (CMD-6)
San Francisco, CA 94105
Phone: 415-744-1204
Fax 415-744-1598
E-mail: chin.willard ©epamail.epa.gov
Carol Christensen
Office of Pollution Prevention and Toxics
U.S. Environmental Protection Agency
401 M Street, SW (MC 7408)
Washington, DC 20460
Phone: 202-260-2301
Fax 202-401-8142
E-mail: christensen.carol @ epamail.epa.gov
Angela Chung
Office of the Administrator •
U.S. Environmental Protection Agency
401 M Street, SW (MC 1101)
Washington, DC 20460
Phone: 202-260-4724
Fax 202-260-4852
. E-mail: chung.angela@epamail.epa.gov
Terry Clark
Vice President
People Working People
P.O. Box 1214
Tifton, GA 31794
Phone: 912-387-7893
Fax Not Provided
E-maik Not Provided
Richard Colbert
Director
Agriculture and Ecosystem Division
Office of Enforcement and Compliance
Assurance
U.S. Environmental Protection Agency
401 M Street, SW (MC 2225A) .
Washington, DC 20460
Phone: 202-564-4205
Fax: 202-564-0028
E-mail: colbert.richard@epamail.epa.gov
Luke Cole
General Counsel
Center on Race, Poverty and the Environment
California Rural Legal Assistance Foundation
631 Howard Street, Suite 330
San Francisco, CA 94105-3907
Phone: 415-495-8990
Fax. 415-495-8849 .
E-mail: crpe@igc.apc.org
Sam Coleman
Director
Compliance Assurance and Enforcement
Division
Region 6
U.S. Environmental Protection. Agency
1445 Ross Avenue
Dallas, TX 75202-2733
Phone: 214-665-2210
Fax 214-665-7446
E-maik coleman.sam@epamail.epa.gov
Nicole Comick-Bates
Environmental Justice Intern
Waste Management Division
Region 4
U.S. Environmental Protection Agency
61 Forsyth Street, SW - ' •
Atlanta, GA 30303-3104
Phone: 404-562-9966
Fax. 404-562-8628
E-maik bates.nicole@epamail.epa.gov
Brian Cook
Policy Analyst
Office of Air and Radiation'
U.S. Environmental Protection Agency
401 M Street, SW
Washington, DC 20460
Phone: 202-260-0825
Fax. 202-260-0253
E-mail: cook.brian@epamail.epa.gov
Cardell Cooper
Designee Assistant Administrator -
Office of Solid Waste and Emergency Response
U.S. Environmental Protection Agency
401 M Street, SW (MC 5101)
Washington, DC 20460
Phone: 202-260-4610
Fax 202-260-3527
E-maik Not Provided
Frank Coss .
President
COTICAM
Comite Timon Calidad Ambienta! de Manati
P.O. Box 1459
Manati, PR 00674
Phone: 787-884-0212
Fax 787-854-5756
E-mail: Not Provided
Helen L. Cotton
Environmental Chemist
Division of Waste Management
North Carolina Department of Environment &
Natural Resources
401 Oberiin Road, Suite 150
Raleigh, NC 27605
Phone: 919-733-2178
Fax 919-715-3605
E-maik cottonhl @ wastenot.ehnr.state.nc.us
Leo Cox
Office of Water
U.S. Environmental Protection Agency
401 M Street, SW (MC 4102)
Washington, DC 20460
Phone: 202-260-3475
Fax 202-260-4121
E-maik Not Provided
Deitra P. Crawley
Project Manager ,. '
International City/County Management
Association
777 North Capitol Street, NE, Suite 500
Washington, DC 20002
Phone: 202-962-3662
Fax 202-962-3500
E-maik dcrawley@icma.org
Ethel L. Crisp
Environmental Protection Specialist
Waste, Pesticides, and Toxics Division
Region 5
U.S. Environmental Protection Agency
77 West Jackson Boulevard (DR-7J)
Chicago, IL 60604-3590
Phone: 312-353-1442
Fax 312-353-6519
E-mail: crisp.ethel@epamail.epa.gov
Fernando Cuevas
Vice President
Farm Labor Organizing Committee
326 East Maple Street
Winter Garden, FL 34787
Phone: 407-877-2949
Fax 407-877-2949
E-maik Not Provided
Carl T. Custalow
Assistant Chief
Mattaponi Indian Reservation
1467 Mattaponi Reservation Circle
West Point, VA 23181
Phone: 804-769-4508
Fax 814-769-0294
E-maik Not Provided
-------
NEJAC Meeting
List of Participants
December 8 through 10,1997
page 4 of 13
Clydia J. Cuykendali
General Counsel
Star Enterprise (Texaco/Saudi Aramco)
12700 North Borough Drive, Room 664
Houston, TX 77067-25qS
Phone: 281-874-3820
Fax 281-874-7041
E-malk cuykecj©starent.com
ill nil" III i II 111 ;;;. Viiv::: Mi"-,
Hugh Davis
Environmental Scientist
Offfca of Sottd, Waste
Office of Solid Waste and Emergency Response
U,S. Environmental Protection Agency
^01 M Street, SW (MC 5303W)
Washington, DC 20460
Phonm 703-308-8633
Fax ,703-308-8609
jE-/naffi davts.hughQepamail.epa.gov
Jenny Davis
Office of Solid Waste
Office of Solid Waste and Emergency Response
U.S. Environmental Protection Agency
401 M Street, SW (MC 5303W)
Washington, DC 20460
Phone: 703-308-9434
Fax: 703-308-8609
E-mail: davls.jenny@epamail.epa.gov
Andres De Leon
Environmental Careers Organization
925 Prospect Place, #2L
Brooklyn, NY 11213
Phone: 212-637-3591
fax; 212-637-4943
E-malk deleon.andres @ epamail.epa.gov
Illll I I 111 111 I "''''i1"'1' li'^'";1 .•
Allen D«arry
Program Administrator
National institute of Environmental Health
Sciences
P.O. Bo^12233 t
Research Tr^figle Park, NC 27709
Phone: 919-541-4943
Fax: 919-541-2843
E-maffi dearry@niehs.nih.gov
Michael J. DiBartolomeis
California Office of Environmental Health
Hazard Assessment
2151 Berkeley Way, Annex 11, Room 721
Berkeley, CA 94704
Shone: ,510:540-2665
Fax. 510-540-3063
E-mail: berkeley.mdibarto@hw1 .cahwnet.gov
Richard DIckerson
Office of Solid Waste and Emergency Response
U.S. Environmental Protection Agency
401 M Street, SW (MC 5101)
Washington, DC 20460
Phone: 202-260-4610
Fax: Not Provided
.E-mail: Npt-Prpvided
Eleanor Dixon-Terry
Manager
Community Outreach and Risk Communication
Chemical Manufacturers Association
1300 Wilson Boulevard
Arlington, VA 22209
Fftone: 703-741-5213
'Fax: 703-741-6213 \ ",
E-mail: eleanpr_dixon-teny@ mail.cmahq.com
Richard T. Drury
Legal Director
Communities for a Better Environment
500 Howard Street, Suite 506
San Francisco, CA 94105
Phone: 415-243-8373
Fax: iiii/itWS:243:$930
. ^E-mail:. cbejegai@igc.apc.org
ii^pelbert DuBois. ............
Four Mile Hibernian Community Association,
Inc.
Fpur Mile Lane
Charleston, SC 29405
'
.
Fax
E-mail:,
803-792-3757
, Not 'Provided "
Marion Deer hake
Senior Environmental Scientist
Research Triangle Institute
P.O. Box 12194
Research Triangle Park, NC 27709
Phone: 919-541-6986
Elizabeth Duncan, D.L.
Attorney
....... P.O. Box, ,70524,
Bill Early
Office of Civil Rights
U.S. Environmental Protection Agency
401 M Street, SW
Washington, DC 20406
.Phone: Not Provided
fax.:. Not Provided
E-mail: early.bill @ epamail.epa.gov
llii'l'1' ,'ii,!'!!"'"'! ,!', I'L'i:,:1!1!/^"''^ "''' '"'L' 'f1'!"!'"'!1' '" J I I I III III
Noemi Emeric
Community Involvement Coordinator
Region 5
U.S. Environmental Protection Agency
77 West Jackson Boulevard (P-19J)
Chicago, IL 60604 •
Phone: 312-886-0995
Fax 312-353-1155
E-mail: emeric,noemi@epamail.epa.mail
Mary R. English
Associate Director
Energy, Environment, and Resources Center
University of Tennessee
600 Henley Street, Suite 311
Knoxville, TN 37996-4134
Phone: 423-974-3825
Fax 423-974-1838
E-mail; mehglish@utk.edu
Elisabeth Evans
Director
Environmental Justice Program
Region 8
U.S. Environmental Protection Agency
,999 18th Steget, Suite 500
Denver, CO 80202-2466
Phone: 303-312-6053
.Fax 303:312-6826
E-mail: evans.eiisabeth@epamaij.epa.gov
Ron Evans
Economist
Office of Air Quality Planning and Standards
U.S. Environmental Protection Agency
Research Triangle Park, NC 27711
Phone: 919-541-5488
Fax 919-541-0839
E-mail: evans-ron @ epamail.epa.gov
'.'••f'E-maN: ""med@rtKorg
'-/"i,i.i: ",-, iiiu i "- ' -?' I111!.!1.. WM, :'» inn . i :i« '.i,"11 :,• ' '-!'"''''-
';i"•;"llyse M""DI Biagio-Wood '' ' "
Attorney
Office of Enforcement and Compliance
Assurance
U.S. Environmental Protection Agency
401 M Street, SW (MC 2243A)
Washington, DC 20460
BhonK 202-564-8187
Far. 202-564-0018
E-matk dibiagiowood.elyseeepamail.epa.gov
"li/'i/ilil '!:''! Siliiil1""'1 ' I'1 ,; ' ll'ili'l'ili'i '''Tktl'il1!!!!1, !!li lililllllliliiiiililT'"I i", I", " !'-!,l- '". i-'lll- iv" '• ii1-"',!,"
Washington D.C., 20024
Phone: 202-547-3568
Fax Not Provided
E-mail: Not Provided
John Durban, Jr.
Professor
rvng.x 75014
Phone: 817-212-3908
Fax Not Provided
E-mail: Not Provided
Cheryll Dyer
Secretary
Coalition for a Healthy Environment
11 20 Melton Hill Circle
Clinton, TN 3771 6
« Phone: 423-457-8322
Fax 423-457-8150
E-mail: cherdyer@aol.com
Samantha Phillips Fairchild
Acting Director
Office of Enforcement Compliance and
Environmental Justice
Regions
U.S. Environmental Protection Agency
841 Chestnut Street
.Philadgiphla.PA'igioV •
Phone: 215-566-2627
Fax 215-566-2905
E-mail: fairchild.samantha@epamail.epa.gov
Denise Feiber
QST. Environmental Inc.
P.O. Box 1703
Gainesville, FL 32602
Phone: 352-333-2605
Fax 352-333-6633
E-mail: ddfeiber@qstmail.com
-------
NEJAC Meeting
List of Participants
December 8 through 10,1997
Page 5 of 13
Timothy Fields, Jr.
Acting Assistant Administrator
Office of Solid Waste and Emergency Response
U.S. Environmental Protection Agency
401 M Street, SW (MC 5101)
Washington, DC 20460
Phone: 202-260-4610
Fax: 202-260-3527
E-mail: fleids.timothy@epamail.epa.gov
Delta Enid Figueroa
Nationwide Latino Activities Program
Coordinator
Office of Pesticide Programs
U.S. Environmental Protection Agency
401 M Street, SW (MC 7506C)
Washington, DC 20460
Phone: 703-305-7666
Fax 703-308-2962
E-mail: figueroa.delta@epamail.epa.gov
Debra Forman
Senior Toxicologist
Region 3
U.S. Environmental Protection Agency
Philadelphia, PA 19027
Phone: 215-566-2073
Fax: 2215-566-2134;
E-mail: forman.debra@epamail.epa.gov
Dicy L. Franklin
Community Planner
U.S. Army Corps of Engineers
ATTN: CESAM-PD
P.O. Box 2288
Mobile, AL 36628-0001
Phone: 334-690-2668
Fax 334-690-2605
E-mail: dicy.l.franklin@sam.usace.army.mil
Rosa Franklin
Washington State Senate
409 Legislative Building'
P.O. Box40482
Olympia, WA 98504-0482
Phone: 360-786-7656
Fax 360-786-7524
E-mail: franklin_ro@leg.wa.gov
Nan Freeland
Co-Director
Clean Water Fund of North Carolina
P.O. Box 1008
Raleigh, NC 27602
Phone: 919-832-7491
Fax 919-832-9100
E-mail: cwfnc2@igc.org
Arnoldo Garcia
Organizing Director
Urban Habitat Program
Earth Island Institute
2263 41st Avenue
Oakland, CA 94601
Phone: 415-561-3332
Fax 415-561-3334
E-mail: agarcia@igc.apc.org
Linda Garczynski
Director
Outreach and Special Projects Staff
Office of Solid Waste and Emergency Response
U.S. Environmental Protection Agency
401 M Street, SW (MC 5101)
Washington, DC 20460
Phone: 202-260-4039
Fax 202-260-6606
E-mail: garczynski.linda® epamaii.epa.gov
Robert Gelblum
Assistant Attorney General
Environmental Division
Attorney General's Office
North Carolina Department-of Justice
P.O. Box 629
Raleigh, NC 27602 '
Phone: 919-716-6600
Fax 919-716-6939
E-mail: eprgel@mail.jus.state.nc.us
Jeaneanne Gettle,
Chief
Compliance Section
Region 4
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, GA 30303
Phone: 404-562-8570
Fax 404-562-8566
E-mail: gettle.jeaneanne@epamaii.epa.gov
Abenaa Ghartey-Tagoe
DPRA, Inc.
200 Research Drive
Manhattan, KS 66503
Phone: 785-539-3565
Fax; 785-539-5353
E-mail: abneaag@dpra.com
Eric Ginsburg
Group Leader
Visibility & Ecosystem Protection Group
Office of Air Quality Planning and Standards
U.S. Environmental Protection Agency
MD-15
Research Triangle Park, NC 27711
Phone: 919-541-0877
Fax 919-541-7690
E-mail: ginsburg.eric @ epamail .epa.gov
George Godfrey
Haskell Indian Nations University
155 Indian Avenue
Lawrence, KS 66046
Phone: 913-749-8428
Fax 913-832-6613
E-mail: ggodfrey @ hsrv.nass.haskell.edu
Danny Gogal
Office of Environmental Justice
Office of Enforcement and Compliance
Assurance
U.S. Environmental Protection Agency
401 M Street, SW (MC 2201 A)
Washington, DC 20460
Phone: 202-564-2576
Fax 202-501-0740
E-mail: gogal.daniel @ epamail.epa.gov
Tom Goldtooth
Indigenous Environmental Network
P.O. Box 485 .
Bemjidi, MN 56619-0485
Phone: 218-751-4967
Fax: 218-751-0561
E-mail: ien@apc.ipc.org
Christine T. Gooding
Citizens Against Toxic Exposure
1218 East Scott Street
Pensacola, FL 32503
Phone: 850-434-6129
Fax Not Provided
E-mail: Not Provided
Richard Green
Acting Director
Waste Management Division
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, GA 30303
Phone: '404-562-8620
Fax 404-562-8788
E-mail: Not Provided
Ellen Greeney
Associate Director
Tribal Planning
Region 6
U.S. Environmental Protection Agency
1445 Ross Avenue
Dallas, TX 75202
Phone: 214-665-2200
Fax 214-665-2118 ,
E-mail: greeney.ellen@epamail.epa.gov
Beth Hailstock
Director
Environmental Justice Center
Cincinnati Health Department
31OT Bumet Avenue
Cincinnati, OH 45229
Phone: 513-357-7206
Fax 513-357-7290
E-mail: Not Provided
Martin Halper
Senior Science Advisor
Office of Environmental Justice
Office of Enforcement and Compliance
Assurance ,
U.S. Environmental Protection Agency
401 M Street, SW (MC 2201 A)
Washington, DC 20460
Phone: 202-564-2601
Fax: 202-501-0740
E-mail: halper.martin@epamail.epa.gov
Brad Hamilton
Native American Affairs Liaison
State of Kansas
Docking State Office Building
915 South West Harrison, Room 611, North
Topeka, KS 66612-1510
Phone: 785-386-6613
Fax 785-296-4685
E-mail: Not Provided
-------
m* mil
!' ""Hi ""'I'JHillllll""'" '''I'11!!1!! I'l'i!'1'" i'-iif ", „ ' fl'li»',
•'',!,;:. .tl'i'i'':»;'. 'Mi I Jim •
:-N|JM"lleeifng
"
December 8 through 10, 1997
Page 6 of 13
John Hanklnsori
Regional Administrator
Region 4
„ U.§,|S|, Erjvjrojgenta! Projecliorj, Agency
61 Forsyin Street" SW
Atlanta, GA 30303
Phono: Not Provided
Fax; Not Provided
E-malk Not Provided
I :; :!M,!'! JilSJ! :.<<; f'h.WM' "Jusi'," _ .HBl.'tTI.'i '•i'.i-fi
Fred Hansen
Deputy TOmihlstratbr
U.S. Environmental Protection Agency
401 M Street, SW
Washington, DC 20460
Phono: 202-260-4711
Fax Not Provided , 1""'',^ ' '„
E-malk. hansen.fred@epamall.epa.gov
Clarence Hardy
Director,
Office o| Cooperative Environmental _
Management
U.S. Environmental Protection Agency
499 South Capitei Street, SW
Room 111 Fairchild Building
Washington, DC 20460
Phone: 202-260-3303
Fax: Not Provided
E-malk Not Provided
Jewell Harper
Deputy Director
Waste Management Division
Region 4
U.S. EflyjEpnnjenlaj Protection, Agency
61 Forsyth Street, SW
Atlanta, GA 30303
Phone: 404-562-8629
Far. 404-562-8628
E-ma!h NoiProyjded
^,,,,
Land Loss 'p'revention" Project
116 Shady Spring Place
Durham, NC 27713
Phone: 919-682-5969
Fax: 919393:8200
" E-mail:
Rita Harris
Mid-South Peace & Justice Center
P.O. Box11428
499 Patterson Street, Room 301
Memphis, TN 38111-0428
Phone: 961-452-6997
Fax 901-452-7029
E-maik pax@magibox.net
Rose Harveii" '' "' "'""'" ' '',"'""' i "'""""':"'''
Enyirpnmental Justice .Coordinator
'Office of Site Remediation", Enforcement
Office of Enforcement and Compliance
Assurance •
U.S. Environmental Protection Agency
401 M Street, SW (MC2273A)
WashingtonJ'Sc 20460 ' '"; •' ". '
Phone: 202-564-6056
Fax: 202-564-0074
E-mail: harvell.rose@epamail.epa.gov
Melva J. Hayden
Environmental Justice Coordinator
Office of the Regional Administrator
Region 2
U.S. Environmental Protection Agency
290 Broadway, 26th Floor
New York, NY 10007
Phone: 212-637-5027
Fax 212-637-4943
E-ma/A hayden.melva@epamail.epa.gov
Yvette Hellyer
Biologist
Toxics and Pesticides Enforcement Division
Office of Enforcement and Compliance
Assurance
U.S. Environmental Protection Agency
401 M Street, SW (MC 2245A)
Washington, DC 20460
Phone: 202-564-4033,
.Fax:"" 202-564-0020 '•
E-mail: hellyer.yvette@epamail.epa.gov
Franklin E. Hill
Chief, Program Services Branch
Waste Management Division
Region 4
U.S. Enyirpnmental Protection Agency
61 Forsyth Street, SW
Atlanta, GA 30303
Phone: 404-562-8846
Fax 4p4:562-8842 t : : n t , ,,
" E-maik pDra'nklin'liepamaii.epa'lg'ov
Phyllis Harris
Region 4
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, SA 30303
Phone: 404-562-9678
Fax: 40&562:9664! I,,,',,I"",'...'''. "."..
E-mail: harris.phyllis@epamail.epa.gov
Reginald Harris
Environmental Justice Coordinator
Region 3
U.S. EriyJisOifjiental ProJectiQQ, Agency
841 Chestnut BjilHjpg (3DAOO)
Philadelphia'^ PA 19107
Phone: 215-566-2988
Fax: 215-566-2901
E-maik harris.reggie@epamail.epa.gov
Karen Y. Henry
Environmental Chemist
Environmental Justice Team
Region 9
U.S. Environmental Protection Agency
75 Hawthorne Street (CMD-6)
San Francisco, CA 94105
Phone: 415-744-1581
Fax: 415-744-1598
E-mail: henry.karen @ epamail.epa.gov
Grace L. Hewell
Coordinator
West Alton Park Neighborhood Association
807 West 40th Street
Chattah6ogi,"TN 37410
Phone: 423-821-7286
Fax: 423-267-7696
E-mail: Not Provided
Helen Hill
Oak Ridge Branch
National Association for the Advancement of
Colored People
233 Tusculurn Drive
Oak Ridge; TN 37830 /' '" 1,^,11 "„.'..
"Phone: Not Provided
Fax: Not Provided
E-mail: Not Provided
^JamesB.Hiil,Jr~ ' /' '' '.[[.'_~"~..~..'.
President
National Association for the Advancement of
Colored People
233 Tusculum Drive
Oak Ridge, TN 37830
Phone: 423-483-8070
Fax:, ,,, Npt,Provided
E-mail: hiijboyjr® hotmaii.com
James p. Hill
Legal Counsel
Klamath Tribe
P.O. Box 436
Chiloquin, OR 97624
Phone: 541-783-2218
Fax: 541-783-2029
E-maik jhill@cvc.net
Patricia K, Hill
Manager
Federal Regulatory Affairs
Georgia-Pacific Corporation
1875 Eye Street, NW, Suite 775
Washington, DC 20006
Phone: 202-659-3600
Fax: 202-223-1398
E-maik phill@gapac.com
Mike Holloway
Program Analyst
Indoor Environments Division
Office of Air and Radiation
LJ.S. Environmental Protection Agency
401 M Street, SW (MC 6604J)
Washington, DC 20460
Phone: 202-564-9426
.Fax . ,„ 2Q2-565-2P38 ,, „..
E-maik Not Provided
Michael K. Holmes
Northside Education Center
St. Louis Community College
4666 National Bridge
St. Louis, MO 63115
Phone: 314-381-3822
Fax: 314-381-4637
E-maik Not Provided
-------
NEJAC Meeting
List of Participants
December 8 through 10,1997
Page 7 of 13
Robert Holmes
Director
The Southern Center for Studies in Public Policy
Clark Atlanta University
223 James P. Brawley Drive, S.W.
Atlanta, GA 30314,
Phone: 404-880-8089
Fax 404-880-8090
E-maik bholmes@cau.edu
Beverly T. Hudson
Remedial Project Manager
Region 4
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, GA 30303
Phone: 404-362-8816
Fax: Not Provided
E-mail: Not Provided
Sarah James
Tribal Member
Councilof Aphabascan Tribal Governments
P.O. Box 33
Fort Yukan, AK 99740 _
Phone: 907-662-2587
Fax 907-662-3333
E-mail: Not Provided
Annabelle E. Jaramillo
Citizens' Representative
Office of the Governor
State of Oregon •
.,160 State Capitol
Salem, OR 97310
Phone: 503-378-6827
Fax 503-378-4859
E-mail: annabelle.e.jaramillo@state.or.us
Cynthia Jennings
ONE/CHANE, Inc.
166 Beacon Street
Hartford, CT 06105
Phone: 860-233-3435 • ' '
Fax 860-232-7691
E-mail: cynthia.jennings@snet.net
Georgia R. Johnson
Executive Director
Environmental Justice
U.S. Department of Energy
1000 Independence Avenue, SW
Room5B-110
Washington, DC 20585
Phone: 202-586-1593
Fax 202-586-3075
E-mail: georgiajohnson @ hq.doe.gov
Karla Johnson
Environmental Justice Regional Team Manager
Regions
U.S. Environmental Protection Agency
77 West Jackson Boulevard (T-16J)
Chicago, IL 60604
Phone: 312-886-5993
Fax 312-886-2737
E-maik johnson.karia@epamail.epa.gov
Kevin I. Johnson
International City/County Management
Association
777 North Capitol Street, NE
Washington, DC 20002
Phone: 202-962-3509
Fax 202-962-3500
E-maik k.johnson@icma.org
Valerie J. Jones
Environmental Scientist -
Region 5
U.S. Environmental Protection Agency,
77 West Jackson Boulevard
Chicago, IL 60604
Phone: 312-353-2446
Fax 312-886-5824
E-mail: jones.valerie@epamail.epa.gov
Rhona Julien
Environmental Justice Coordinator
Region 1
U.S. Environmental Protection Agency
JFK Federal Building
Boston, MA 02203
Phone: 617-565-9454
Fax. 617-565-3415
E-mail: julien.rhona@epamail.epa.gov
Lillian Y. Kawasaki
General Manager
Department of Environmental Affairs
City of Los Angeles
201 North Figueroa, Suite 200 .
Los Angeles, CA 90012
Phone: 213-580-1045
Fax 213-580-1084
E-mail: lkawasak@ead.ci.la.ca.us
• Mark Keating
Pollution Prevention Coordinator
North Carolina Cooperative Extension Service
P.O. Box 636
Jackson, NC 27845
Phone: 919-534-2711
Fax 919-534-1827 -
E-mail: mkeating@northamp.ces.ncsu.edu
Heather Keith
Manager
State Issues
Chemical Manufacturers Association
1300 Wilson Boulevard
Arlington, VA 22209
Phone: 703-741-5414
Fax 703-714-6093
E-maik heather_keith@mail.cmahq.com
Carol L. Kemker
Chief
Pesticides & Toxic Substances Branch
Region 4
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, GA 30303-3014
Phone: 404-562-8975
Fax. 404-562-8972
E-mail: kemker.carol@epamail.epa.gov
Marie A. Keshick
Tribal Assistant
Mattaponi Indian Reservation
202 Ben Neuis Place
Fredericksburg, VA 22405
Phone: 804-769-4508
Fax Not Provided
E-maik Not Provided
Charlotte L. Keys
Executive Director
Jesus People Against Pollution
P.O. Box 765
202 Virginia Avenue .
Columbia, MS 39429
Phone: 601-736-0686
Fax 601-736-7811
E-maik Not Provided
Jackie King
Concerned Citizens of Edgecombe County II
P.O. Box 634
Battleboro, NC 27809-0634
Phone: 919-977-2198
Fax Not Provided
E-maik Not Provided
Marva E. King
Program Analyst
Office of Environmental Justice
Office of Enforcement and Compliance
Assurance . . - .
U.S. Environmental Protection Agency
401 M Street, SW (MC 2201A)
Washington, DC 20460
Phoner. 202-564-2599
Fax 202-501-0740
E-maik king.marva@epamail.epa.gov
Michelle W. King
Office of Environmental Justice
Office of Enforcement and Compliance
Assurance
U.S. Environmental Protection Agency
401 M Street, SW (MC 2201 A)
Washington, DC 20460
Phone: 202-564-4287
Fax 202-501-0740
E-maik king.michelle@epamail.epa.gov
Robert Knox
Acting Director
Office of Environmental Justice
Office of Enforcement and Compliance
Assurance
U.S. Environmental Protection Agency
401 M Street, SW (MC 2201 A)
Washington, DC 20460
Phone: 202-564-2604
Fax 202-501-0740 •
E-maik knox.robert® epamail.epa.gov
-------
NEJAC Meeting
Page 8
.........................................
8 trough 1(£ 1997""
3'" '"' ..... '' ' ' "~
Judith Koontz
Regulatory Steering Committee Representative
Office of Administration and Resources
Management
U.S. Environmental protection Agency
,401 M Sjgeti SW"lMC3102)
Washington; "DC20460
Phona: 202-260:8608
Fax: 2p2-260^9887
E-ma/h kpontz.judith@epamaii.epa.gov
Anthony Ladd
School of the Environment
Duke University
Box 90328
Durham,NO 27708-0328
Phone; |16||6;|8|038
Fax "§o£Pr5\rfded,'""' "',;"'" : ''"'"',' '.''"';,""
e'-ma/A 3add@duke.edu
William Laxtpn '
Office of Adrriiriistration and Resource
Management
U.S. Environmental Protection Agency
MD-20
ADMIN f 10 ;"
Research Triangle Park, NC 27711
Phone: 111-541-2258
Fax: Not Provided
E-Mail: laxton.william@epamail.epa.gov
T Leslie Leahy
",: "•' Slyiroprnintal, PrptecJion Specialist
Community Involvement and Outreach Center
Superfund Program
U.S. Environmental Protection Agency
401 M Street, SW (MC 5204G)
Washington, DC 20460
Phone: 703-603-9929
Fax 703-603-9100
E-maih feahy.leslie@epamail.epa.gov
Charles Lee
Director of Research
Commission on Racial Justice
United Church of Christ
475 Riverside Drive, 16th Floor
NewYorI<,NyiOOJ5
Phone-. 2i2-87<>2677;
Fax: 212-870-2162
Etnalk 103001.2273@compuserve.com
Maria del Carmen Libran
Department of Horticulture
University of Puerto Rico-Mayiguez
G,P,O. Box 5000 College Station
Mayaguez, PR 00681-5000
Phone; 787-832-4040
Fax-. 787T265-086Q,;
E-majh ^t Provided M ;
Penn S. Loh
Alternatives for Community and Environment
2343 Washington Street, 2nd Floor
Roxbury, MA02119
Phone: 617-442-3343
Fax. 617-442-2425
E-maih psloh@ix.netcom.com
Lorena Lopez
San Diego Border Office
'.Region g
U.S. Environmental Protection Agency
75 Hawthorne Street
San Francisco, CA 94105
Phone:,, 619-235-4768
Fax 619-235-4771
E-maih, lopez-lorena@epamail.epa.gov
Sylvia Lowrance
Deputy Administrator
Office of Enforcement and Compliance
Assurance
U.S. Environmental Protection Agency
401 M Street, SW (MC 1101)
Room W1204
Washington^ DC 20460 "' '
Phone: 202-260-7960
Fax Not Provided
E-mail: Not Provided '
Kenneth A. Lucas
Project Manager
Region 4
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, GA 30303
Phone: 404-562-8894
Fax. Not Provided
E-mail: lucas.kenneth@epamail.epa.gov
Sylvia Liu
Attorney \
finvirpnment and Natural Resources Division
U.S. Department of 'Justice
P.O., Bo, xJi90 'I; ~.', "^ „" !,'."'~~ \ "m ~,," , "",",,',;.
Ben'Franklih Station''
Washington. DC 20530
Phone: 202-305-0639
Fax; 202:514-4231
E-mail: syivialliu'ejus'tice.u'sdoj.gov"1
Michael J. Lythcott
President •
The Lythcott Company
P5O. Box 2805 ':
53 Pontiac Street
Oak Bluffs, MA 02557-2805
Phone: 508-696-6346
Fax 508-693-7695
E-mail: adeyemi@tiac.net
Shafeah M'Balia
Concerned Citizens of Edgecombe II
PPX634
Battleboro, NC 27809
"Phone: 919-985-9865
Fax: 919-446-1274
E-maih justhealth@aol.com
Carol Marshall
Manager
i Invirohrrientai Equity
Texas Natural Resources and Cpnservatign
Commission
P.O. Box 13087 (MC 108)
Austin, 'TX 78711
::£/7pne:"";512-239-3612;; ,: "; ',:,;
Fax 512-239-4007
E-mail: camarsha@tnrcc.state.tx.us
Lawrence Martin
Office of Research and Development
U.S. Environmental Protection Agency
401 M Street, SW (MC 8105)
Washington, DC 20460
Phone: 202-564-6497
' Fax 202-565-2926
E-maih martin.lawrence@epamail.epa.gov
Doris Maxwell
Management Analyst
Office of Air Quality Planning and Standards
U.S. Environmental Protection Agency
MD-5 -
Research triangle Park, NC 27711
Phone: 919-541-5312
Fax 919-541-0072
E-maih maxwell.doris@epamail.epa.gov
Nancy Mayer
Environmental Engineer
Office of Air Quality Planning and Standards
U.S. Environmental Protection Agency
MD-15
Research Triangle Park, NC 27711
Phone: 919-541-5390
Fax 919-541-0839
E-maih mayer.nancy@epamail.epa.gov
Frank McAlister
Associate Director
Permits and State Programs Division
Office of Solid Waste
U.S. Environmental Protection Agency
401 M Street, SW
Washington, DC 20460
Phone: 703:308-8196
Fax Not Provided '
E-maih mcalister.frank@epamaii.epa.gov
Andrew McBride
City of Stamford, CT Health Department
888 Washington Boulevard
Stamford, CT 06901
Phone: 203-977-4396
Fax 203-977-5506
E-maih amcbride@ferg.lib.ct.us
Mildred McClain
Executive Director
Citizens for Environmental Justice
1115 Habersham Street
Savannah, GA 31401
Phpne: 912-233-0907
Fax 912-233-5105
E-maih cfej@bellsouth.network
Lula McDonald
747 Eufala Street
Fayetteville, NC 28301
Phone: Not Provided •
Fax; Not Provided
E-mail: Not Provided
in in i
-------
Nfc/AC Meeting
List of Participants
December 8 through 10,1997
Page 9 of 13
Jim McGuire
Region 4 ' ' -
U.S. Environmental Protection Agency
61 Forsylh Street, SW
Atlanta, GA 30303
Phone-.' 404-562-8911
Fax: Not Provided
E-mail: Not Provided
Laura McKelvey
Environmental Scientist
Office of Air and Radiation
U.S. Environmental Protection Agency
MD-15
Research Triangle Park, NC 27711
Phone: 919-541-5497
Fax: 919-541-5489
E-mail: mckelvey.laura@epamail.epa.gov
Lillian McKenzie
Fundraising Clerk '
Jesus People Against Pollution
P.O. Box 765
202 Virginia Avenue
Columbia, MS 39429
Phone: 601-736-0686
Fax 601-736-7811
E-mail: Not Provided
John Mickle
Community Health Coalition
1058 West Club Boulevard, Suite 602
Durham, NC 27712
Phone: 919-286-9898
Fax 919-286-1957
E-mail: Not Provided * - -
Vernice Miller
Director
Environmental Justice Initiative
Natural Resources Defense Council
40 West 20th Street
New York, NY 10011
Phone: 212-727-4461
Fax: 212-727-1773
E-mail: vmiller@nrdc.org
Gregory Mills
Harlem Environmental Impact Project, Inc.
Adam Clayton Powell, Jr. State Office Building
163 West 125th Street, Suite 909
New York, NY 10027-4419
Phone: 212-749-5298
Fax: 212-749-3745
E-mail: heviron@aol.com
Marsha Minter
BRAC Regional Coordinator
Federal Facilities Restoration and Reuse Office
U.S. Environmental Protection Agency
401 M Street, SW (MC 5101)
Washington, DC 20460
Phone: 202-260-6626
Fax: 202:260-5646
E-mail: minter.marsha@epamail.epa.gov
Kathleen Mohar
Editorial Supervisor
Research Triangle Institute
P.O. Box 12194 " •
Research Triangle Park, NC 27709
Phone: 919-541-6034'
Fax: 919-541-7155
E-maik kbm@rti.org
Richard Monette
Law Professor
University of Wisconsin Law School
Bascom Mall
Madison, Wl 53706
Phone: 608-263-7409
Fax: 608-262-5485
E-mail: rmonette@facstaff.wisc.edu
Lillian Mood, R.N.
Community Liaison
South Carolina Department of Health and
Environmental Control
2600 Bull Street
Columbia, SC 29201
Phone: 803-734-5440
Fax: 803-734-9196
E-mail: moodih@columb30.dhetf.state.sc.U5
Brooks Moore
Attorney
Air Enforcement Division
Office of Enforcement and Compliance
Assurance
U.S. Environmental Protection Agency
401 M Street, SW (MC 2242A)
Washington, DC 20460
Phone: 202-564-1079
Fax: 202-564-0068
E-mai/: moore.brooks@epamail.epa.gov
Richard Moore
Former Chair of NEJAC
Southwest Network for Environmental and
Economic Justice
P.O. Box 7399 , '
Albuquerque, NM 87194
Phone: 505-242-0416
Fax: 505-242-5609
E-mail: sneej@igc.apc.org
Susan Morales
Office of Environmental Justice
Region 10
U.S. Environmental Protection Agency
1200 Sixth Avenue (DI-085)
Seattle, WA 98101
Phone: 206-553-8580
Fax: 206-553-8338
E-mail: morales.susan@epamail.epa.gov
Tirsp Moreno
Farmworker Association of Florida, Inc.
815 South Park Avenue
Apopka, FL 32703
Phone: 407-886-5151
Fax: 407-884-6644
E-mail: Not Provided
David L. Morris, II
Manager
Planning and Programs
Newport News Waterworks
2600 Washington Avenue
Newport News, VA 23607
Phone: 757-247-8470
Fax: 757-247-2424
E-mail: dmorris@ci.newport-news.va.us
Althea M. Moses
Program Manager
Office of Environmental Justice
Region 7
U.S. Environmental Protection Agency
726 Minnesota Avenue
Kansas City, KS 66101
Phone: 913-551-7649
Fax: 913-551-7976
: E-mail: moses.althea® epamail.epa.gov
Vernon Myers
Permits
Office of Solid Waste and Emergency Response
U.S. Environmental Protection Agency
401 M Street, SW (MC 5305W)
Washington, DC 20460
Phone: 703-308-8660
.Fax 703-308-8609
E-mail: myers.vemon@epamail.epa,gov
Sushila Nanda
Attorney Assistant
Office of Planning and Policy Analysis
Office of Enforcement and Compliance
Assurance
U.S. Environmental Protection Agency
401 M Street, SW (MC 2201 A)
Washington, DC 20460
Phone: 202-564-4088
Fax 202-501-0701
E-mail: nanda.sushila@epamail.epa.gov
Glenn A. Nathan
T.V. Production Specialist .
U.S. Environmental Protection Agency
401 M Street, SW (MC 1705)
Washington, DC 20460
Phone: 202-260-2043
Fax 202-260-2057
E-mail: nathan.glen@epamail.epa.gov
Tom Nessmith: • .
PPA Coordinator
Region 4
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, GA 30303
Phone: 404-562-8409
Fax Not Provided
E-mail: nessmith.tom@epamail.epa.gov
-------
111 nil IK I
III 1 1 II
Mill
NEJAC Meeting
lS'il'i Gsl °f Participants
'"-Page 10 of 13
Steve Netlshen
Office of Environmental Justice
Office of Enforcement and Compliance
Assurance
U.S. Environmental Protection Agency
401 M Straef, SW (MC 2201 A)
Washington. DC 20460
Phone: 202-564-2119
fax: 202-501-0740
Bwaih, netislien.steve@epamail.epa.gov
in i ill ii ii ii mi nil
Nancy Newell
APWA Solid Waste Technical Committee
City of Durham, NC
1833 paiderj Avenue
' ....... ........................ ..............
Keith L. Parham
President
Residents Involved in Saving the Environment,
Inc.
King and Queen County, VA
Phone: Not Provided
Fax. Not Provided
E-mail: Not Provided
Jackie Pikul
Organizer
Clean Water Fund of North Carolina
P.O. Box 1008
Raleigh, NC 27602
Phone: 919-832-7491
Fax: 919-832-9100
E-mail: cwfnc2@igc.org
jggi 85*225
919-560-4647
6-malfc hnew8ll@cldurham.nc.us
Grover Nicholson
Branch Head ',,
Superfund Federal Remediation
North Carolina Department of Environment &
Natural Resources
401 Oberjin Road, Suite 150
Raleigh, NC 27605
Phone: §,19-733-2801/291
Fax: 919-7334811
Is-maik Not Provided
nlcholsongc@wastenot.ehnr.state.nc.us
Norm Niedergang
Region 5 ,
U.S. Environmental Protection Agency
77 West Jackson Boulevard
Chicago, IL 60604
Phone: 312-886:7435
; Fox. Not, Provided
E-mail: niedergang.norman@epamail.epa.gov
Angela Nugent
Deputy Director
Office of Sustainable Ecosystems and
Communities
Office of Policy, Planning, and Evaluation
U.S. Environmental Projection Agency
401 M Street, SW (MC'"2"l84J
Washington, DC 20460
Pnonv. 202-260-5871, '
Fax 202-260-1935
E-math nugent.angela@epamail.epa.gov
QuentinPair
Office of Environmental, Justice,
Office of Enforcement and Compliance
Assurance ,
U.S. Environmental Prqfectipn Agency
401 M Street, SW pc 2201 A|
Washington, DC 20460
Phone: 202-564-2569
Fax: 202-501-0740
E-maih pair.quentin@epamail.epa.gov
Kevin Sujit Parikh
Office of Civil Rights
y.S. Environmental Protection Agency
401 M Street, SW(MC 1201) "
Washington, DC 20460
,,,P,bon& 202:26M585 '
Fax 20g:2604580
~E-maih parikh.kevin©epamail.epa.com
M Shirley Pate
Office of Enforcement Capacity and Outreach
Office of Enforcement and Compliance
Assurance
U.S. Environmental Protection Agency
401 M Street, SW (MC 2201 A)
Washington, DC 20460
Phone: 202-564-2607
Fax. 202-501-0284
pate.shirley@epamail.epa.gov
Marinelle Payton
HarvardMedical .School...
181 Lgngwood Avenue
Boston, MA 02115
Phone: 617-525-2731
Fax: 617-731-1451
E-mail: remar@gauss.bwh.harvard.edu
Cynthia Peurifoy
Community Relations Coordinator
Region 4
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, GA 30303
Phone: 404-562-8798
Fax: .. ,404-562-878,8
E-mail: peurifoy.cynthia® epamail.epa.gov
Jeannette Phillips
Concerned Citizens of Edgecombe County II
c/g Jim Grant
P.O. Box 36097
Raleigh, NC 27606
Phone: 919-234-7565
Fax Not Provided
E-mail: Not Provided
Carlos Porras
Communities for a Better Environment
605 West Olympic Boulevard, Suite 850
Los Angeles, CA 90015
Phone: 213-486-5114
Fax: 213-486-5139
E-mail: cbela@igc.org
Gerald Prout
Director
Regulatory Affairs
FMC Corporation
1667 K Street, NW, Suite 400
Washington, DC 20006
Phone: 202-956-5209 ;-
Fax: 202-956-5235
E-maik jerry_prout@fmc.com
Connie Raines
, Environmental Justice Coordinator
Office of Environmental Justice
Region 4
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, GA 30303-3104
Virginia Phillips
Enyironmental Protection Specialist
U.S. Environmental Protection Agency
401 M Street, SW (MC 5303W)
Washington, DC 20460
Phone: 703-308-8761
Fax: 703-308-8638
E-mail: phillips.ginny@ epamail.epa.gov
Phone: 404-562-9671
Fax: 404-562-9664
E-mail: raines.connie@epamail.epa.gov
Debra Ramirez
Mossville Environmental Action Now
13136th Avenue
Lake Charles, LA 70601
Phone. 318-433-0449
Fax: Not Provided
E-mail: Not Provided
Rosa Hilda Ramos
Community Leader
Community of Catano Against Pollution
P.O. Box 363962.
San Juan, PR 00936
Phone: 787-788-0837
Fax: 787-788-0837
E-mail: rosah@coqui.net
Karen Randolph
Permits and State Programs Division
Office of Solid Waste
U.S. Environmental Protection Agency
401 M Street, SW (5303W)
Washington, DC 20460
Phone: 703-308-8651
Fax:. 703-308-8638
E-maik Not Provided
ii i i in i in
in
i ii
I
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NEJAC Meeting
List of Participants
December 8 through 10,1997
.Page 11 of 13
Arthur Ray
Deputy Secretary
Maryland Department of the Environment
2500 Broening Highway
Baltimore, MD 21224
Phone: 410-631-3086 .
Fax 410-631-3888
E-mail: aray@charm.net
Doretta Reaves
Program Analyst
Office of Communication, Education and Public
Affairs
U.S. Environmental Protection Agency
401 M Street, SW (MC 1702)
Washington, DC 20460
Phone: 202-260-3534
Fax 202-260-0130
E-mail: reaves.doretta® epamail.epa.gov
Donald Rice
Water Resource Engineer
Newport News Waterworks
2600 Washington Avenue '
Newport News, VA 23607
Phone: 757-247-8470
Fax 757-247-2424
E-mail: dprice@ci.newport-news.va.us
Brenda Lee Richardson
•President
Women Like Us
P.O. Box 31003 ,
3008 24th Place
Washington, DC 20030
Phone: 202-678-1978
Fax • 202-678-5381
E-mail: Not Provided
Reiniero Rivera
Region 5
U.S. Environmental Protection Agency
77 West Jackson Boulevard (MC SE 5J)
Chicago, IL 60604-3507
Phone: 312-886-1850
Fax 312-353-9176
E-mail: rivera.reiniero@epamail.epa.gov
Dawn Roberts
Office of Federal Activities
Office of Environment and Compliance
Assurance
U.S. Environmental Protection Agency
401 M Street, SW (MC 2251 A)
Washington, DC 20460
Phone: 202-564-7136
Fax 202-564-0070
E-mail: roberts.dawn@epamail.epa.gov
Thomas C. Roberts
Van Ness Feldman
1050 Thomas Jefferson Street, NW
7th Floor
Washington, DC 20007
Phone: 202-298-1930
Fax 202-338-2416
E-mail: tcr@vnf.com
Julio Rodriguez
Environmental Leader
COTICAM
Comite Timon Calidad Ambiental de Manati
DuPont Agrichemicals
P.O. Box 30000
Manati, PR 00674
Phone: 787-884-1587
Fax 787-884-1475
£-/77aft juliorodriguez-piti®rocketmail.com
Edward Rush
Trainer/ Organizer
CCHW Center for Health Environment and
Justice
P.O. Box 6806
Fails Church, VA 22040
Shone: 703-237-2249
Fax 703-237-8389
E-mail: Not Provided
Marico Sayoc
M.E.M. Candidate
Nicholas School of the Environment
Duke University
9A Alamo Court
Durham, NC 27705
Phone: 919-309-9815
Fax 919-684-8741
E-mail: msayoc@acpub.duke.edu
Laura Scheele
Associate Director
Federal Programs
Afton Associates
403 East Capitol Street
Washington, DC 20003
Phone: 202-547-2620
Fax 202-547-1668
E-mail: lscheele@afton.com
Susan Schmedes
API
1220 L Street, NW
Washington, DC 20015
Phone: 202-682-8253
Fax 202-682-8033
E-mail: Not Provided '
Mary Settle
Office of Environmental Justice
Office of Enforcement and Compliance
Assurance
U.S. Environmental Protection Agency
401 M Street, SW (MC 2201 A)
Washington, DC 20460
Phone: 202-564-2594
Fax 202-501-0740
E-mail: settle.mary@epamail.epa.gov
R. Lewis Shaw
Deputy Commissioner
Environmental Quality Control
South Carolina Department of Health and
Environmental Control
303 J. Marion Sims Building
2600 Bull Street
Columbia, SC 29201
Phone: 803-734-5360
Fax 803-734-9196
E-mail: shawrl@columb30.dhec.sc.us
Peggy M. Shepard
Executive Director
West Harlem Environmental Action, Inc.
271 West 125th Street-Suite 211
New York, NY 10027
Phone: 212-961-1000
Fax 212-961-1015
E-mail: whea@igc.apc.org
Tim Sherer
Contracting Officer
Office of Administration and Resources
Management
U.S. Environmental Protection Agency
401 M Street, SW (MC 3805R)
Washington, DC 20460
Phone: 202-564-4491
Fax 202-565-2257
E-mail: sherer.tim@epamaii.epa.gov
Mattie C. Shoulders
Assistant Chairperson
APP Corporation
5308 Dorsey Street
Chattanooga, TN 37410
Phone: 423-821-3865
Fax 423-265-3347
E-mail: Not Provided
Yolanda Singer
State Tribal and Site Identification Center
U.S. Environmental Protection Agency
401 M Street, SW (MC 52046)
Washington, DC 20460
Phone: 703-603-8835
Fax 703-603-9100
E-mail: singer.yolanda@epamail.epa.gov
Arthur H. Smith, Jr.
Advisory Board Member
Hyde Park and Arragon Park Improvement
Committee, Inc.
2040 Walnut Street
Augusta, GA 30901
Phone: 706-793-5309
Fax 706-826-4856
E-mail: Not Provided
Damu Imara Smith
National Association Director
Greenpeace
1436 U Street, NW
Washington, DC 20009
Phone: 202-319-2598
Fax 202-462-4507
E-mail: Not Provided
Eddie Smith
Environmental Chemist
Hazardous Waste Section
Division of Waste Management
North Carolina Department of Environment &
Natural Resources
401 Oberlin Road, Suite 150
Raleigh, NC 27605
Phone: 919-733-2178
Fax 919-715-3605
E-mail: smithe@wastenot.ehnr.state.nc.us
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I inn i
NEJAC MeeJIng
List of Participants
December 8through 10,
Page 12 of 13
Linda K. Smith
Program Management Director
Office of,En^rpnmental.Justice
Office of Enforcement and Compliance
Assurance' " ,'„, ,'
U.S. Environmental Protection Agency
4oi M Street, SW (MC 2201A)
Washington, DC 20460
Phone: 202-564-2602
fax: 202-501-0740
E-maih smith.linda@epamail.epa.gov
Ricardo Soto-Lopez
Puerto Rico-Nortiieast Environmental Justice
Network
75 Park Avenue
^ayvark, NJ 07104
Fax: 973-482-1883
E-maih Not Provided^ ^ '^ " ' _ "^
'I i Diane MTSpencer
RarpediafPrpjecfMahager
I, I [Regions'
U.S. Environmental Protection Agency
77 West Jackson Boulevard (SR-6J)
Chicago; IL 60604
Phone: 312-886-5867
Fax: Not Provided
E-malk spencer.diane@epamail.epa.gov
Leo Starrer ,, [ \ ,
Offjce ofSr''Quality Planning and Standards"
* U.S. ^nvlrbnmental Protection Agency
MD-15
Research Triangle Park, NC 27711
Phone: Not Provided
Fax Not Provided
E-mail: Not Provided
Lucy Stanf leld
Graduate, Student
University of Arizona
300 West Madison
Paris, IL 61944
Phone: 217-465-5464
i.ir: '-..fax:- Not.Provjdep' \
!ikiVi;5:?':':!i;'l?fiffi, Jucifida'iiu^ariz'ona.edu
..
athy V. Stanislaus
ector 311
'"'" Snvtronm'pnfal Compliance
l-^lViiy-^JU'TO^lWai*, HIU.
||' l;;f|5;!;';|:ll'i RpvSS^iSi^A'Sultelps'r | ",
O* ' A'ipti^'iJIIlZ'I*111 rBY^^rj'ee
,,;;,, fax: ,,973-398-8037
ft. mstanisie enviro-sciences.com
Michael B. Taylor
Business Development Manager
Remediation Services Division
TRI Thermal Remediation Inc.
TPond Lane. Suite 5A
Concord, MA 01742-2851
Phone: 508-371-3200
Fax 508-371-2269 ' •
E-maih mtaylor@retecinc.com
Willie R. Taylor
Director
OEPC' "'"II "':I " . " '"_"
U.S. Department of the Interior
MS 2340
Washington, DC 20240
Phoner. 202-208-3891
'j=ax".. ,,1202:208-6970' •
E-maih vyillie4aylor@ios.doi.gov
Prisciila Tyree
Superfund Section
Division of Waste Management
North Carolina Department of Environment &
. Neural Resources
401 Oberlin Road, Suite 150
Raleigh, NC 27605
Phone: 919-733-2801
Fax 919-733-4811
E-maih n1ns426@wastenot.ehnr.state.nc.us
Trip Van Noppen
Attorney
Southern Environmental Law Center
137 East Franklin Street, Suite 404
Chapel Hill, NC 27514
Phone: 919-967-1450
Fax 919-929-9421
E-mail: tvannoppen@aol.
!*James L. Thompson, Jr. "" '' ""
Office of Criminal. Enforcernent
Region 3
U.S. Environmental Protection Agency
841 Chestnut Street (3CEOO)
Philadelphia, PA 19107
Phone- 215-566-2374
Fax 215-566-2383
E-mail: thompson.james @ epamail.epa.gov
Arthur Totten
Enyironmental, Prptectipn, Specialist
Office of Air Quality Planning and Standards
U.S. Environmental Protection Agency
MD-15 " '=
Research Triangle Park, NC 27711
Phone: 919-541-0621
Fax 919-541-0839
E-mail: totten.arthur® epamail.epa.gov
t i,,, i'
Ramona Trovato
.Director
Office of Children's Health Protection
U.S. Environmental Protection Agency
401 M Street, SW (MC 1107)
Washington, DC 20460
Phone:,,,, 202-260-7778
Fax Not Provided
E-maih trovato.ramona@epamail.epa.gov
Connie Tucker
Executive Director
Southern Organizing Committee for Economic &
Social Justice
P.O. Box 10518
Atlanta, GA 30310
Pnone: 404-755-2855
Fax. 404-755^575,,., ,, , \,, ,,.,, ,. ,„„
E-maih socejp@igc.apc.org
Haywood Turrentine
;,";;, Qsan Water and Environment Project for Shiloh Executive Director
M |§gp Jack Clemen^ Road
'NC 27581
Fax:
........ iiS-684-2217 ........................................ '.
Not Provided
jlllhtaylor©suna.biochem.duke.edu
Labprers' District Council of Education and
Training Trust Fund
500 Lancaster Pike
Exton, PA 19341
Phone: 610-524-0404
Fax 610:524-6^11
E-maih Not Provided
Baldemar Velasquez
President
Farm Labor Organizing Committee"
1221 Broadway
Toledo, OH 43609
Phone: 419-243-3456
Fax. 419-243-5655
E-maih Not Provided
Philip H. Vorsatz
Chief
North Carolina Site Management Section
Region 4
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, GA 30303
Phone: 404-562-8789
, Fax 404-562-8788
E-mail: vorsatz.philip@epamail.epa.gov
i '
Oliver L. Warnsley
Environmental Justice Coordinator
Superfund Division
Region 5
U.S. Environmental Protection Agency
77 West Jackson Boulevard'(SR-6J)
Chicago, |L 60604
Phone: 312-886-0442
Fax 312-886-4071
. .E-mail: warnsley .Oliver® epamail.epa.gov
Suzanne Wells
Community Involvement and Outreach Center
. Superfund Program
U.S. Enyironnjenta! Protection Agency
401 M Street, SW (MC 5204G)
Washington, DC 20460
P./jone: 703-603-8863
Fax": 703^603-9100
E-mail; we|ls.suzanne@epamial.com
EmeldaWest
St. James Citizens for Jobs and the
Environment
6258 LA Highway 44
Convent, LA 70723
Pnone: 504-562-3582
Fax, Not .Provided
E-mail: Not Provided
i i iiiiin i1 i
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NEJAC Meeting
List of Participants
December 8 through 10,1997
Page 13 of 13
Damon Whitehead
Associate Attorney
Earthjustice Legal Defense Fund
1625 Massachusetts Avenue, NW, Suite 702
Washington, DC 20036-2212
Phone: 202-667-4500 .
Fax 202-667-2356
E-mail: dpw12@rocketmail.com
KatyWilcoxen
Environmental Justice Team
Region 9
U.S. Environmental Protection Agency,
75 Hawthorne Street (CMD-6)
San Francisco, CA 94105
Phone: 415-744-1565
Fax: 415-744-1598
E-mail: wilcoxen.katy® epamaii.epa.gov
Amina Wilkins
Environmental Scientist
National Center for Environmental Assessment
Office of Research and Development
U.S. Environmental Protection Agency
401 M Street, SW (MC 8623)
Washington, DC 20460
Phone. 202-260-5056
Fax: 202-260-6370
E-mail: wilkins.amina@epamail.epa.gov
Alenda Williams
Intern
Region 4
U.S. Environmental Protection Agency
2738 She'llbark Road
Decatur, GA 30035
Phone: 404-562-9630
Fax: 404-562-9664
E-mail: williams.aienda@epamail.epa.gov
Margaret Williams
President
Citizens Against Toxic Exposure
6400 Marianna Drive
Pensacola, FL 32504
Phone: 904-494-2601
Fax: 904-479-2044
E-mail: Not Provided
Lenore Yarger
Research Associate
Nicholas School of the Environment
Duke University
Box 90328
Durham, NC 27708
Phone: 919-613-8058
Fax: 919-684-8741
E-mail: idy@acpub.duke.edu
BethZilbert
Greenpeace
1607 Griffith Street
Lake Charles, LA 70601
Phone: 318-433-0222
Fax: 318-433-0222
E-mail: beth.zilbert® greenpeace.org
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.. ,1 ,FUI'i.i' iil¥. M,1 , iillllll1 Illli,' Ulli, I", ! l
' ! ' "»' ' ifHiiil • HP"!1 ill '"• , !• 'l!l«
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Appendix C
Written Public Comments
-------
1111
II Illlllll I ill I HIM I
III II I 1 111 1 1
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List of Written Testimony
Submitted at the December 1997 Meeting
of the
National Environmental Justice Advisory Council
1. Ms. Debbie Bryant, North Back River Road Association
2. Mr. Mitchell Capitan, Eastern Navajo Dine Against Uranium Mining
3. Mr. Abbas Hassain, Reduce Recidivism By Industrial Development, Inc.
4. Ms. Sarah Shipp-Parran, Committee for Economic Recovery, Inc.
5. Mr. Alonzo Spencer, Jri-State Environmental Council
-------
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-------
WRITTEN COMMENT
FROM
DEBBIE BRYANT
NORTH BACK RIVER ROAD ASSOCIATION
HAMPTON, VA
-------
MENTAL, AND 'PUBLIC HEALTH PROBLEMS IN OUR COMMUNITY
PON. ™AT,. WE ,,AV, p „ A R£flsONABLE .AtTW1(AT1Vi ^
OPTION E, WE HAVE GIVEN VOU A L.SITNG Or PRESS.NC ,„„„. A cPY Of
.OUR NE,CHBOR,,OOD STRATEGIC RESIDENTIAL CONSERVATION PLAN A COPY O
STUDY, PARTS „„. WE ARE A REGISTERED .HIALTHY MtlOHM. 0^°;,°
NEIGHBORHOOD OFFICE. EVEN THOUGH WE ARE NOT.HEALTHY BUT WO^ K I NG FOR
POSITIVE CHANCES IN OU» COMMUNITY. WE HAVE FORMED A N
WATCH AND PARTNERS H.TH THE POLICE DEPARTMENT'S KEEPS
HAS OECPEAS.O IN OUR COMMUNE. WE HAVE PORMEO OVER ,0 PASHI
TO WORK ON 1HPROV£KENTS. TOR THE LAST 2, VEARS IH THE SP8I™ "
P*.™«S,r,«. «„,, STEVE SHAPIRO/C0OES .COHPL.AHC. WE HAVE HAD S^EPS
10 P.CK UP.AHV PROPERTY MAINTENANCE ANO COPE COMPLIANCE VIOLATIONS
i =c oBrrSTRNL"°MEs NOT IN coHpuANc8- IN COHPLIANCS- « »« .« « -
ING ON A STREET LIGHTING PROJECT TOR AREAS ,.« AND WORK CLOSELY KIT
NNWATEHWORKS TO IMPROVE THE ORINK!NC WATER/AND WATER QUALITY IN Oul
COHHUN.TY, NN WATERWORKS HAS IDENTIriED SEVERAL 2- PIPES rllr NEEDS
SEPLACED- YOU"AVE A1-R"- ««=«V.D SUPPORT LETTERS "o« T
, HU. ENVIRONMENTAL JUSTICE CENTER , SIERRA -CLUB LEGAL DEFEND
GREENPEACE. AND THE VIRGINIA CHAPTER Or THE SIERRA CLUB T, E
CHURCHES IN OUR COMMUNITY SUPPORT US. THE RESIDENTS OF THE NORTH
KING STREET CORRIDOR DO NOT SUPPORT C3 ,M2 , M3 USES— I KNOW BECAUSE
,1 SERVED ON THE NORTH KING STREET CORRIDOR STUDY FOR ALMOST 2 YEARS
THE MAJORITY Or RESIDENTS ON THE NORTH ARMISTEAD,AVE/NBRR CORRIDOR
00 HOT SUPPORT C3.H2, M3 USES EITHER. MANY Or THE OWNERS OF VACANT
THAT irMApT"1" SUPP°"TS °"ION '• «"• -""HEYER-S MAP
THAT, HIS MAP AS ;THE MAJORITY OF VACANT LAND OWNERS SUPPORT US AND
WE HAVE THEIR SIGNATURES, SO DO YOU, WE HAVE COMPROMISED 3 TIMES?
THE BUSINESSES HAVE NOT COMPROMISED AT ALL. OPTION E I. THE BEST MA,
TOR A WIN-WI.N SITUATION, WE HAVE ASKED YOU AND CITY COUNC L T
RECOGNIZE THAT HE HAVE 2ONJNG AND ENVIRONMENTAL JUSTICE PROBLEMS IN
OUR COMMUNITY THAT ArFECTS OUR HEALTH, WELL BEING. COM OPT ? PROPE TV
:::":!: :r°YMENT °F °UR """«"• •*««• »»» ««"« OF . s ;
YOU ARE CHARGED TO UPHOLD. THE NBRRA WAS NOT INITIALLY INVITED TO
PARTICIPATE IN THE ENVIRONMENTAL POCUS, GROUP, WE WERE TOLD ABOuTi
SSES^HAD r ATTeNO£°- MADt COMM£NT- " WAS """" ^ ™«
BUSINESSES HAD MORE JNPUT. HE WANT TO PARTICIPATE AND BE INVITED TO
ALL MEETINGS CONCERNING ENVIRONMENTAL POLICY IN HAMPTON THESE
^UST A FEW EXAMPLES. OF WHAT OUR COMMUNITY HAS ™
-------
i ' MI' III" fl'3 .
WHAT MORE DO YOU |XPECT US TO DO? NO OTHER COMMUNITY OR ENTI'
IN ALL MY'YEARS OF CODING ^ PLANNING COMMISSION AND CITY COUNCI'
MEETINGS HAS ANY COMMUNITY DONE AL,k Qf, TU1S..EOR A RE2ONING CHANd
AN° MAJ°R IHpKOVEMENTS. WE HAVE PRpVEN QU,R QAS.E, 10,000 TIMES OVEI
_ ,,DECISIONS HAVE BEENMADE CONCERNING OUR COMMUNITY THESE 4 YE/
WITHOUT OUR INPUT, POLICY CHANGES, DEALS MADf, CASE IN POINT
PEMBROKE HIGH SCHOOL PROPERTY. THE NBRRA HAS BEEN ON RECORD
YEARS STATING WE WANTED A -NEIGHBORHOOD FUNDAMENTAL ELEMENTARY OR|
MIDOLE SCHOOL" AND OUR CHILDREN NOT BUSSED ACROSS TOWN. BY ACCIDI
— •^EWIS AND I FOUND, OUT PEMBROKE HIGH WAS TURNED OVER TO THE Yf
WITHOUT. OUR INPUT. THE YMCA NOW OWNS, THE PROPERTY, WE ASK THAT Sill
™K YHCA G° W^f.flUSJ.NESSOg.^.SAVE.TI.IE.-PEMBROKE PROPERTY THAT I
" ' ' " y1^ N?f 9s ?'¥^f;P."FP^'!?;?AL..'....B.u.T PUT, A, "NEIGHBORHOOD FUNDAMENT!
SCHOOL" THERE, AS WE REQUESTED SOME TIME AGO.
* ggflCTS OF CURRENT POLICIES, PRACTICES. AND INEOUTTTEgl
x, . . • , , • ,, :i
I* lNSHTUTIONALIZES UNEQUAL PROTECTION, NO PROPERTY RIGHTS, AND|
IE: ;:7'^i:;,:;^ ANDUSE OF OUR, PROPERTY.
if 11 •!• nr '! 'i 'iii'H' i'i i *t, *„ , , * it AC fi» o 5tJ R OC N OP P ROOt* ow *t*u c* \ i r ^*«^i » ••« »* ^. —
sill,;'.;»: •• '• i!,; •.;.;:: >' ,T, '"" ™ t::*? '.I:S*TSI *•';.!- -* - • • >•• ff». • - i 5- SHV(f v,?» •, TM »,, VICTIMS, RESIDE NT s. '
, > ™i, )•• •• • i" Ilr v:"' «°:i;ij,:' ii '!'!i':,: :,liDiiS^:§'45iil5, ^.H^^w,!^?P,SURE TO HARMFUL DUST, NOx'lOuq or
,,,," i i«,|i,ir..t4»' ::'' ,.„.Ellin j:,u'.>• '• "I J")', »(.r ,-".iiJissillii'iiii^'Tji:^,!,*!."*!1": 'IW.SH-H if .M ',, "',iiii »"iHr.'vr. ,;iti i,:i.!,'^iii|l*(*.(Wti it'' 'iiUJiut • T ,"'1;* Sufti,,^,,, , Vv*,.-S,.,,S-'VP Vis-
,C»KMICALSV AND OTHER EMMISSIONS. DISEASE AND
^B ™* ..RESULT OF THIS ENVIRONMENTAL RACISM.
;|:;;;':::;lt
Ei" i':,:: .^i'li.,r^;*.SIJ8A.N COSTS.
•^&-i**Mti*$*-yy^ DISENFRANCHISED POPULATIONS .'
D™ELOP POLLIJTI0^ PREVENTION AS AN OVERARCHING GOAL.
^VTION AND DISEASE PREVENTION
! l-W '- 'V! VMW SV- m^Smim PPLICY OF HAMPTON DOESN'T ALLOW DISPLACED RESIDED
ii,?: i•; s.;•:/:, '• '. •i:'..1::.;: :.i;:..:::';'To RECEIVE HUD FUNDS .
B* IJK I a J?' *if lo";w'; ••,%!*.• i .Siill^SlSS;:';;'ilfilSfeJ. i^SWjWI.P.PLB I.NCQME R ESIDENTS . '
MSii >"..|i:;r'l?)iA;' .SiSIJw^i^PMi.W^SSSBS HAVE A DEPRESSING EFFECT ON OUR
VALUES. TO NAME A FEW...
|!|!!';"!|. P!'.!!;!.!'! 'Jljll !|; ll!:'J
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III III IIIII
' III ll
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111 111
-------
INEQUITIES IN MINORITY COH.MUNIT T
1. DISTRIBUTIVE IMPACTS ..OP PUBLIC POLICY ON MINORITY COMMUNITIES
NO REASSESSMENTS.. ENVIRONMENTAL IMPACT STUDIES
2. QUALITY AND QUANTITY OF SERVICES IN OUR OLD ESTABLISHED
NEIGHBORHOODS. -
3. UNWANTED LAND USES AND FACILITY SITINGS
INVESTMENTS,. ENHANCEMENTS, PRIdNG, AN/SOCIAL INEQUITY.
5.
6- PUBLIC ACCESS TO SERVICES, PLANNING, AND DECISION MAKING
7. HEALTH ASSESSMENTS AND COMMUNITY IMPACT
8t ' " ' * '
• t\ i t\ j |rtf /\ j j^ j^ cj ft A t T1* Y n o T w ^ r ILJ^* L»f * j—i _, it '
9. IN'EQUAL ENFORCEMENT OF PUBLIC HEALTH AND ENVIRONMEOTAL^WS
0. IN ADDRCSSINO tNVIROHMENTAL HEALTH .ANO SOCLOKO™CD^f t
U; LACK OF POL!TICAL COMMITTMENT TO SUSTAXNABLE DEVELOPH.^ AND
ENVZRONMENTAL .UST.CE. MONEYS,SPENT ON NEW. DEVELOPME^. NEW
INFRASTRUCTURE. ABANDONINO OLDER NEIGHBORHOODS AND INFRASTRUCTU
12. INDUSTRY BASE I, MOSTL* NOT ENERG, EFFIdENT. PRODUCT,"
OR ENVIRONHENTALLY. CLEAN. - TO NAME A FEW...
IN CONCLUSION
, ENVIRONMENTAL. LAND Ost, AND tcONOMJC pQLICY olNtRATg
W8ITIV. SOCZO.CONOHIC CHANCE WHILE AT TH« SAHI „„ PR"^INO THE
™VIR0N AND OUR VALUED RESOURCES., .. RXVERS, HISTOR"
"
t A«D MO
WATER. AND MOST Of ALL. .. .PEOPLE SHOULD
"CREATIC
BE PROTECTS. THANK VC
•ATTACHMENTS: AMERCIAN LUNC ASSOCIATION LETTER. LETTER OF UNWANTED
USES. OPTION E MAP, ADDITONAL PETITION SIGNATURES.
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:
illllll 111
i ill 11"
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Eastern Nctvajo Dins Against Uranium Muting
P.O. Box 471, Crownpoint, NM 87313
(505)786-5341
Tdeiibelina. 616 —Water is Life
sting
nmittee:
he(ICaphan
jfdent
vnpdnt, NM
ikCheeWilteto
• President
bto Pintado, NM
uie Murphy
retary-treasurer
wnpofrrt, NM
in Becenti
wnpoint, NM
na J. Begay
wnpoint, NM
i C, Segay
wnpoim
.ora Charles
n'ano Lake
i Hosmer, MD
wnpoint, NM
nadjne Martin
Jup.NM
/Martin
twnpoint, NM
Ivin Murphy
iwnpomt. NM
December 4,1997
Hvnpomt. NM
ice;A. Tsosie
awnpoint, NM
Christine BenaUy. PhJX
National Environmental Justice Advisory Council
P,O.Box722
Shiprock,NM 87420
Re: Crownpoint Uranium Solution Mining Project
DearMs. Benally:
Eastern Navajo Dine" Against Uranium Mining (ENDAUM) requests the
support of the National Environmental Justice Advisory Council (NEJAC) in its
struggle for environmental justice for the communities of Crownpoint and Church
Rock, New Mexico, die proposed sites of a new uranium mining operation.
ENDAUM is a nonprofit organization of primarily Navajo Crownpoint and Church
Rock-area residents organized to educate our communities about the proposed mines
and to protect our precious drinking water, health, environment, and way of life.
The United States Bnvironmental Protection Agency (USEPA) has helped
us get documents that we could not afford to buy from the Nuclear Regulatory
Commission (NRC) and has visited our communities at our invitation to hear our
concerns! Yet there is much more that USEPA and the NEJAC can do.
I am enclosing background information that I hope you will review and share
with the other members of the NEJAC at your next meeting. We apologize that it
is lengthy, but we feel that you need to have this information. This material includes
the letter that our pro bono attorneys at the New Mexico Environmental Law Center
sent to me USEPA Region DC environmental justice team leader, USEPA's
comments on the NRCs Final Environmental Impact Statement (FEIS) for the
project, the statement of the Safety Committee of the Indian Health Service's
Crownpoint Healthcare Facility opposing the project, portions of die 187-page
amended request for hearing that ENDAUM and the Southwest Research and
Information Center filed with the Atomic Safety and Licensing Board, and a map
showing how close the mines and processing facility in Crownpoint would be to our
homes, schools, churches, and drinking water welis.
The Nuclear Regulatory Commisaon has admitted that the solution mines
and processing facilities would be located in "unprecedented" proximity to
residential areas and drinking water wells. The raining would occur in an aquifer
ENDAUM — Dedicated to protecting our water and. our children
(supported in. part by grantsjrom the Lannan Foundation and Ruth Matt Fund)
-------
Ill lull
•ill
s. Christine Benally
December?, "'
page 2
,., , ,
i ' ...... t , ..... ill ....... ; • !'. 'lie >! "„
. liuVis the &£saa^'&'MiMag waWfor 5,000 teiSidOO people in 'the Eastern Agency 'of the
...... SB** ....... 8 ............. .HI ................. IIH ....... llllHEJIill! liiIIIB^ ..... : ..... ............. ....... Ill ..... . ....... Hill ....... ..... I ..... * ....... I ..... flllllllu,S ................................. .......................................... ' ....................... , , ............ - J ...... , ................ f. ........... *__ . , -^1.
Navajo Nation. The NRC has said that because the mining would contaminate the aquifer, the
Navajo Tribal"!JSig"''SiSty' ...... '(Hl^AJl^^ureui ...... WWaui ..... Affairs wells would have to be
moved. ButtSe ..... NRC ..... Sis ..... note^'cbnHdCTei'wtietb^"iEud ...... alteniitive water supply exists. And
because other uranium solution mines have had many problems cleaning up the water after mining
in aquifers that are not nearly as pristine as ours, we rightly fear mat our sole source of drinking
water would be permanently lost. The Navajo Tribal Utility Authority shares our concerns and
voted at its last board meeting on November 21, 1997 to support ENDAUM.
\
ENDAUM asks that the NEJAC support us, too. The mining company, Hydro Resources,
Inc., will need underground injection control (UIC) permits and temporary aquifer exemptions
' |puirej!''''by^ihe Safe Drwtog^ Water Act. As we explained in our amended request for hearing
(please ..... see ..... pllges''3i7-40 ...... ^-^p^ ..... enc foseci), 'issdwg WClpeiniai"and aquifer exemptions would
violate the Safe Drinking Water Act and USEPA regulations. Therefore, we request that you urge
ySEPA to deny the UIC permits and temporary aquifer exemptions.
> Order on
•ill M n in HI i i ill in i in 11 ill IN M •> •» •* • • 4
Environmental Justice. The NRC has failed to follow the Executive Order byjEaihng to ensure tiie
participation of die low income Navajo people that will bear all the risks of the mines, by ignoring
Navajo Nation sovereignty and jurisdiction, and by recommending in the FEIS thai the license be
approved even though it would subject minority communities to an experiment with their health and
safety. (Please refer to our second amended request, pages 171-177, «oclose33 We ask that you
urge the NRC to immediately establish a local public document room in Crownpoint and place
copies of an of toe documents for this project there, and to provide to local people plenty of free
copies of the" EEIS and the Safety Evaluation Report -
due out this montli. i
ENDAUM appreciates your interest and concern. We would be especially grateful for the
support of the NEJAC in this struggle. . "
Mitchell Capitan
President
2
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REDUCE RECIDIVISM BY INDUSTRIAL DEVELOPMENT INC.
P.O. BOX 438554
CHICAGO, ILLINOIS 60643
(773)660-4185
NATIONAL ENVIRONMENTAL JUSTICE
ADVISORY COUNCIL
WASTE AND FACILITY SITING SUBCOMMITTEE
FOR THE PUBLIC COMMENT PERIOD „
DECEMBER 8 &10,1997
7:00 p,m. to 9:00 p.m.
Monday & Wednesday
DURHAM, NORTH CAROLINA
(703) 287-8808 FAX (703)287-8843
Introduction
Who are tie beneficiaries from the Supcrfund. Brownfieids, CERCLA, RCRA, SARA sites? There are loop holes for
attorneys and businesses. But where and how can community residents benefit? These programs are act design to
provide employment securities for those communities affected by Hazardous and contaminated sites. The present laws
provide enforcement but the policies are not being enforced in the communities of color. We ask that NEJAC adopt a
resolution *o that all enforcement action be strictly enforced retroactive.
\Henv can *7EJAC convince government agencies to develoy policy that will address community needs??
Objectives and Goals
To establish educational and revitaiization policy reflective of all the issues listed below.
National Priority List (NPL). '•'•.'
~» , - '- '
(l)Victoiy Heights West Pullman did not score high enough for the NPL. Victory Heights needed 27
paints or iugfeer., it scored 26, one point lower than required, this was by design because from our
research there are H© NPL. in the State ef Illinois unless there were problems in the drinking water recently
in-Illinois. Dutch Boy and International Harvester Sites must be re-evaluated and rectified in ^ :cord with
the TOSC document. We ask that NEJAC monitor this progress,and adopt a resolution so that all
contaminated shes be given National Priority as these sites can destroy human life.
-------
(7) The EPA Fact Sheet dated March 1996 has confirmed that long term exposure to lead in youn»
children causes anti-social behavior. This can be observed by focusing on residents living in public
housing such as Altgeld Gardens across the country where gangs and gang violence are prevalent on a
dady .bases, which suggest that the baby boomer generation is highly effected by lead contamination,
additionally, children who were exposed to higher than normal amounts of the environmental
contaminants polychorinated biphenyls, or PCBs, before they were born are likely to have lower IQs
and snorter attention spans than other youngsters, according to a new study.
(8)Iti accordance with the "Institute far Policy Research ^Department of Sociology at Northwestern
UmvCTsnV' states that." CHy, State, Federal Officials and Industry representatives made it clear to us
that the clean-up of significantly contaminated sites was not a priaHtv" (see Bukno Casey Quagmire
of Irumstnal Srtes Clean-Up, Chicago Enterprise, NEJAC, 1996 Realization & Brownfields Search For
Authentic Signs of Hope). These statements give rise to GENOCIDE as outlined in Title 18 USC 1091
specifically (a) (Z)-(5). whoever, subjects the group to conditions of life that are intended to cause
phys^al destruction of the group in whole or in part or attempts to do so, shall be punished as
prxmdcd in subsection (b). We ask NEJAC lo adopt a resolution and make strong recommendations io
enforce all criminal statutes, against any City, State, Federal Officials, Industry Representative or any one
who adopts genocide philosophies that will seriously impair mental and bodily injury to any human bein<»
as outline in Human Rights Commission document . " • V •,' °
(9) Chicago being the industrial capital of the world, it would be fitting ifaai the first Environmental Library should be
erected in the Crty of Cfeic3S°. Tt»V tih^r ~;ii -,^.~~ -.^ ^^^g^^^ 03^^ CTOr fa^y^ to ^^ j^d It will house
. 03^^ CTOr ^y^ to ^^ t w ho
every issue world wtde and relate to all wiversa] concerns. This library will stand as a model for scientific resea^h and
data. We ask NEJAC adopt a resolution so that snch. a library can be erected in the City of Chicago so that schools
comnuiratics. businesses can study vasl dala and research on how the environment directly and indirect^ affect human
.growth . development and destruction .' • .
THANK YOU SINCERELY,
Abbas Hassain
Executive Director,
RRIDINC.
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ADDENDUM TO THE NATIONAL
ENVIRONMENTAL JUSTICE ADVISORY
COUNCIL (NEJAC) PUBLIC COMMENT
CONFERENCE CALL
NOVEMBER 12,1997
AT 2:30 TO 3:30 CENTER STANDARD TIME (CHICAGO, ILLINOIS)
COMMENTS BY: SARAH N. SfflPP-PARRAN
COMMITTEE FOR ECONOMIC RECOVERY, INC.
P.O. BOX 438747, CHICAGO, ILLINOIS 60643
(773) 468-6151 FAX: (773)468-6213
REMARKS:
I. Many questions and concerns of the Victory' Heights/Maple Park and surrounding
communities has been the Surface Water Releases, due to runoffs of stormwater, releases
from contained sources, such as industrial process outflow pipes or open trenches. la
April 1987 the EPA calculated the amount of toxic chemicals put into the nation's air and
water and into the land was what the agency (EPA) officials called a "Staggering* 22,5
baUon pounds per year. Focusing the committee's attention on the Grand Calumet River
in Northwestern Indiana, one of the most contaminated waterways in the country. EPA
impose $20 million in fines onthe city of Gary, Indiana because the sanitary district was
releasing raw sewage and chemical waste into the river. These same problems occur whh
industries in Southeast and South Chicago, Cook County fay way of Lake Calumet River
and Calumet Sag that flow into the tnovrtb of Lake Michigan the banks of Big Industries.
Cook County, Illinois has 462 CERCLIS sites, and Lake County, IN. has 146
CERCLIS sites. Of the 462 CERCLIS sites in Cook County, only 1 site is on the NPL
(Lenz Oil) 358 sites have no further action planned, and 1 (one) was proposed but
removed from the NPL. With Chicago having 211 sites (157 of which areMFRAP) but
none scored high enough to, use the Hazard Ranking System (HRS) to evaluate its
potential risks to human health and the environment? Of the 146 CERCLIS sites in Lake
County, IN. 6 (six) are on the NPL, and of those 6, (4) four sites ire located in Gary, IN.
just 30 miles from the city limits of Chicago. We feel thU question the validity of
Siiperfund CERCLIS), SARA, SDWA, TACO,RCRA, OHW, OSWER .
IL We ask this NEJAC Council to prepare a resolution that reflect the concerns of
the public affected by the greed of big business and how it affects the lives of the working
class poor and people of color. If the" Superfund law is reauthorized by May 15,1998 we
ask that this resolution wflj recommend considerable flexibility to working class poor and
people of color communities to help level the playing field of environmental
contamination. -
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TRI-STATE ENVIRONMENTAL COUNCIL
Box 365
Chester, WV 26034 ' ' .
Decembers, 1997
National Environmental Justice Advisory Board (NEJAC)
Executive Council
Office of Environmental Justice
U.S. Environmental Protection Agency •
401 M Street, SW
Mail Code 2201 A
Washington, DC 20460 .
Dear NEJAC Executive Council,
This is to request that the Von Roll/Waste Technologies Industries (WTI) hazardous waste incinerator in East
Liverpool, Ohio, be included as a site to be evaluated and monitored under President Clinton's Environmental
Justice Executive Order of February 11, 1994.
The incinerator is located in the East End of East Liverpool within yards of an elementary school in a low-
income, minority residential community. The population of the East End is primarily low-income with a
disproportionate concentration of black residents. East Liverpool in general has an unemployment rate of
roughly 14%. The median household income is $15,611. Approximately 33 percent earn less than $10,000 per
year. -The per capita income is less than $8,300. Sixty-two percent of the households earn less than $19,000 a
year. Over 28% of the households in East Liverpool are below poverty. •Thirty-two percent of all school
children in East Liverpool City Schools are on welfare. Only 6 percent of the population are college graduates
Thirty-seven percent are 45 years and older. Over 18 percent are 65 years of age or older.
These figures fall squarely in the middle of studies on environmental equity. The U.S. General Accounting
Office (GAO) studied this issue for the first time in 1983. In their study, Siting of Hazardous Waste Landfills
and Their Correlation With Racial and Economic Status Surrounding Communities, the GAO reported that
communities with some form of hazardous waste site had a poverty level of between 26 and 42 percent of the
population.
On May 20, 1997, the U.S. EPA (a customer .of WTI1) gave the Von Roll/WTI toxic waste incinerator its full
commercial operating license, even while acknowledging that the incinerator is far too close to homes and the
elementary school. EPA's own risk assessment showed at least 27 possible accident scenarios that could
produce fatal or harmful results for the 400 children in the school a mere 400 yards from the toxic waste burner. '
EPA did not calculate the risk from these same accident scenarios for the children who live even closer to the
toxic waste burner. Just two weeks after they released' the WTI risk assessment, the U.S. EPA issued their first-
ever federal guidelines on the siting of hazardous waste management facilities. NEJAC's Waste and Facility
Siting Subcommittee was involved in the review process for EPA's guidance document, Sensitive Environments
and the Siting of Hazardous Waste Management Facilities. WTI fits five out of the eight locations determined
by the federal government to be inappropriate for the location of hazardous waste management facilities.
-S- EPA has keen sending Superfund waste to WTI, to be burned next door to a 400 student elementary school and within 320
feet of the nearest home!
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,'Page2
National Environmental Justice Advisory Board (NEJAC)
Executive Council
We suggest that the minority and low-income population of East Liverpool, and particularly its East End where
i.s located, is a principal reason of why the incinerator has been allowed to be built hi this area and
an elementary school. We believe that because it is alow income and minority neighborhood, the
project has been allowed to proceed despite serious risk, blatant violations of law, frequent problems and
overwhelming public opposition. We also believe this to be one of the reasons why Von Roll/WTI is being
allowed to operate illegally without a permitted owner and operator.
For our efforts in trying to stop the injustice of a toxic waste incinerator operating next door to a an elementary
school and320 _feet from.lie nearest homein this poor Appalachian river town, Von Roll recently filed a $34
million SLAPP suit against us. They are seeking over $1 million from each individual named in the suit.
We presented this information to the EPA three years ago. Except for an acknowledgment of our letter, there
Was no Tollow-up. The situation is intolerable and unacceptable. This letter serves as an official request of the
NEJAC Executive Council that the WTI incinerator be considered for evaluation under the Executive Order.
iiiiiii
Very truly yours,
M
iiiii
Alonzo Spencer
President, Save Our County
Terri Swearingen
Coordinator, Tri-State Environmental Council
• iini in nil
"HI ,
Enclosures:
• Fact sheet con^ning additional information on population and demographics of the City of East Liverpool
* U.S. EPA Region 5 and U.S. EPA Office of Environmental Justice November 1994 responses to our
environmental equity concerns related to the Von Roll/WTI case.
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