Summary of the Meeting of the
National Environmental Justice
Advisory Council
A Federal Advisory Committee
Executive Summary
Omni Inner Harbor Hotel
Baltimore, Maryland
December 10 - 12,1996
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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 environmentaljustice. The NEJAC is made up of 25 members, and one DFO, who serve on a parent council
that has six subcommittees. Along with the NEJAC members who fill subcommittee posts, an additional 36
individuals serve on the various subcommittees.To date, NEJAC has held eight meetings in the following
locations: ._....
Washington, D.C., May 20, 1994 . .' -'.--/
Albuquerque, New Mexico, August 3 through 5, 1994
Herndon, Virginia, October 25 through 27, 1994
Atlanta, Georgia, January 17 and 18, 1995
', J ' i ' .- . . / ,
Arlington, Virginia, July 25 and 26,1995 .,'"'.
Washington, D.C., December 12 through 14, 1995
Detroit, Michigan, May 29 through 31, 1996
Baltimore, Maryland, December 10 through 12, 1996
As a federal advisory committee, the NEJAC is bound by all requirements of the Federal Advisory Committee
Act (FACA) of October 6,1972.'Those requirements include:
Members must be selected and appointed by EPA . .
Members must attend and participate fully in meetings of NEJAC .
Meetings must be open td the public, except as specified by the Administrator
All meetings must be announced in the Federal Register
Public participation must be allowed at all public meetings
The public must be provided access to materials distributed during the meeting
Meeting minutes must be kept and made available to the.public ..'"'
A designated federal official (DFO) must be present at all meetings of the NEJAC (and its
subcommittees) ,
NEJAC must provide independent judgment that is not influenced by special interest groups
Each 'subcommittee, forme's 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.
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NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
MEMBERS OF THE EXECUTIVE COUNCIL
(1996-1997)
Designated Federal Official:
Ms. Clarice Gaylord
Director, EPA Office of Environmental Justice
General Members
Ms. Leslie Ann Beckhoff
Ms. Christine Benally
Mr. John Borum
Ms. Dollie Burwell
Mr. Luke Cole
Ms. Mary English
Ms. Deeohn Ferris
Ms. Rosa Franklin
Ms. Jean Gamache
Mr. Amoldo Garcia
Mr. Graver Hankins
Ms. Dolores Herrera
Chair of NEJAC:
Mr. Richard Moore
Mr. James Hill
Mr. Lawrence Hurst
Ms. Lillian Kawasaki
Mr. Richard Lazarus
Mr. Charles Lee
Mr. Gerald Prout
Ms. Rosa Hilda Ramos
Mr. Arthur Ray
Ms. Peggy Saika
Mr. Haywood Turrentine
Mr. Baldemar Velasquez
Ms. Margaret Williams
EPA's Office of Environmental Justice (OEJ) maintains transcripts, .summary reports, and other material
distributed during the meetings. Those documents are available to the public upon request.
Comments or questions can be directed to OEJ through the Internet. OEJ's Internet E-mail address is:
envlronmental-justice-epa@epamail.epa.gov.
Executive Summaries of the reports of the NEJAC meetings are available on the Internet at the NEJAC's World
Wide Web home page:
http:/www.prcemi.com/nejac.
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National Environmental Justice Advisory Council
Executive Summary
EXECUTIVE SUMMARY
INTRODUCTION
Exhibit ES-1
This executive summary provides highlights of the
eighth meeting of the National Environmental
Justice Advisory Council (NEJAC), held
December 10 through 12, 1996 in Baltimore,
Maryland. The Executive Council of the NEJAC
met during portions of December 10,11, and 12,
1996. Each oft he six NEJAC subcommittees
met for a full day on December 10, 1996 and.
continued deliberations through the morning of
December 11,1996. Approximately 300 persons
attended the meetings. The NEJAC hosted public
comment periods on December 10 and 11,1996.
The NEJAC is a federal advisory committee that
was established by charter on September 30,
1993 to provide independent advice^consultatibn,
and recommendations to the Administrator of the
U.S. Environmental Protection Agency (EPA) on
matters related to environmental justice. Mr.
Richard Moore, Southwest Network for
Environmental and Economic Justice, serves as
the chair of'the Executive.Council. Ms. Clarice
Gaylord, EPA Office of Environmental Justice
(OEJ), serves as the Designated Federal Official
(DFQ) for the council. Exhibit ES-1 lists the
persons who chair the six NEJAC subcommittees
and the EPA staff appointed to serve as DFOs for
the subcommittees. ' ,
To date, NEJAC has held eight meetings. OEJ
maintains public transcripts and summary reports
of the proceedings of the meetings. Those
documents are available to the public upon
request. The public also can access the
executive summaries of the reports of previous
meetings through the ' Internet. at
http://www.prcemi.com/nejac.
OVERVIEW
Mr. Moore opened the meeting by asking
members to reflect on past successes of the
environmental justice movement, but reminded
them that communities still face great struggles
with racism and discrimination. Rather than
arouse feelings of sorrow and sadness, these
realities should strengthen our resolve to, be
committed to our responsibilities, he continued.
NEJAC is committed to bringing parties together
NEJAC CHAIRS AND DFOs
Executive Council
Mr. Richard Moore, Chair
Ms. Clarice Gaylord, DFO
Enforcement Subcommittee
Ms. Deeohn Ferris, Chair
Ms. Sherry Milan, DFO
Health and Research Subcommittee
Ms. Mary English, Chair
Mr. Lawrence Martin, co-DFO
Ms. Carol Christensen, co-DFO
Indigenous Peoples Subcommittee
Vacant, Chair
Ms. Elizabeth Bell, DFO
International Subcommittee
Mr. Baldemar Velasquez, Chair
Ms. Dona Canales, DFO
Public Participation and
Accountability Subcommittee
Ms. Peggy Saika, Chair
Mr. Robert Knox, DFO
Waste and Facility Siting Subcommittee
Mr. Charles Lee, Chair
Mr. Kent Benjamin, DFO
to have open and honest dialogue that at times
may be confrontational, Mr. Moore added. He
Urged the participants to think seriously about the
commitment of government agencies to
environmental justice, adding that the federal
government should be accountable for
addressing environmental injustices.
Ms. Carol Browner, EPA Administrator, expressed
the continued commitment of the Clinton
Administration to environmental justice and urged
members of the NEJAC to continue their "bold
approach" in calling issues to the attention of EPA
or informing EPA of a better way to conduct its
business. The letter sent by President Clinton to
the participants is reproduced in Exhibit ES-2.
Baltimore, Maryland, December 10 through 12, 1996
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Executive Summary
National Environmental Justice Advisory Council
ES-2
THE WHITE HOUSE
WASHINGTON
December 9, 2.956
Warm greetings to everyone yaLlieied in Baltimore, Maryland,
for the eighth meeting of the National- Environmental Justice
Advisory Council. Since NSJAC's flx-aL meeting in May of 1994,
you have provided invaluable contributions to our efforts to
promote environmental justice for all our people.
As you wel± know, low-income and minority communities have
been asked to bear a disproportionate share of the pollution
burden in America. My Administration is committed to euuuring
that these communities have adequate environmental protection,
and in the past four years, we have made significant progress.
On February 11, 1994, I issued.-Executive order Number I28sa
to address this vital issue. Among other measures/ the order
created an Interagency Workgroup on Environmental Justice and
requires that all IWG metsber agencies incorporate environmental
justice in their decision-making, Through, the IWG, these federal
agencies have made a commitment that, when developing and
implementing federal projects and activities, tiiey will consider
the cultural values of natural resources as seriously as
environmental values. And the IWG's Research and Health Task
Force is now a permanent interagency advisory body that promotes
the environmental health of minority and low-income communities.
I am pleased that the members of N3JAC have met with the various
agencies, and I hope that your valuable dialogue continues.
^These and other accomplishments are only a beginning. I
remain strong/ly committed to making progress in environmental
justice in the next four years, and I look forward to working
wit-.h you to ensure that all Americans, regardless of race or
income, live in safe and healthy communities.
Best wishes for a productive meeting.
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National Environmental Justice Advisory Council
Executive Summary
Ms. Browner then highlighted several specific
accomplishments of EPA related to environmental
justice, including: ~
Award of more than 500 environmental
justice grants, totaling $1 million.
Cleanup of more Superfund sites during the p
past four years than, had been accomplished
during the preceding 12 years, achieved
through maintenance of strong partnerships
with community groups. , ,
Cleanup of brownfields sites and the
concurrent creation of jobs in brownfields
communities
Expansion of activities conducted to meet the
provisions of community right-to-know
legislation
Ms. Browner also commented that she is satisfied
with the Agency's policy on-relocation, as wejl as ,
the decision to relocate residents living near two
Superfund sites in Pensacola, Florida. A _-
The Executive Council of the NEJAC also ejected
replacements for the departing chairs of the
Health and Research and the Indigenous Peoples
subcommittees.
The NEJAC hosted public comment periods on
December 10 and 11,1996. More than 40 people
participated in the two,public comment periods.
. In addition, three individuals and organizations
submitted written comments that were read into
the record. Issues discussed during the two
public comment periods included concerns about
the EPA grant review process, identification of,
several environmental justice cases related to
indigenous peoples and the siting of facilities,
identification-of transborder" issues related to
indigenous peoples, and concerns about the
status of environmental justice activities related to
sites in Puerto Rico.
The Executive Council also heard presentations
made by representatives of various EPA program
offices, including the Office of Prevention,
Pesticides and Toxic Substances, the Office of
Water, the Office of Air arid Radiation, and the
Office of Pesticides. A representative of each
EPA regional office also updated the members of
the NEJAC about the status of activities and
polices related to environmental justice in the
EPA regional offices.
, COMMON THEMES
During the meetings of the Executive Council and
the subcommittees, the members of the NEJAC
discussed a wide range of issues related to
environmental justice. Specific concerns raised
included: . / '
Improving the participation of local
communities in the planning of NEJAC
meetings and the site tours that have become
a part of the NEJAC meeting
Incorporating multicultural perspectives and
environmental justice considerations in the
award of grants by EPA
Enhancing the structure of NEJAC to more
fully integrate efforts to address
environmental justice issues ' across
subcommittees
Addressing the lack of guidance on
integrating environmental justice into the
environmental impact statement (ElS)
process conducted to'meet the provision of
the National Environmental Policy Act (N EPA)
Members of the NEJAC expressed concern that
local communities in which the NEJAC meets are
not included in planning meetings of the NEJAC,
including the development of the local.site tour.
In general, members expressed frustration that
representatives of local citizens and community
organizations do not participate in the public
comment periods, pointing put that the issues of
the local community should help to shape the
focus of the meeting. Members of the NEJAC-
pointed to the site tour conducted at the
Enforcement and Compliance Assurance
Rqundtable Meeting in October 1996 in San
Antonio, Texas as a good example of community
involvement and participation in the planning
process. ''
Members of the NEJAC continued to express
concern about issues related to incorporating
multicultural perspectives and concerns about
environmental justice into EPA's various grant
programs. To address those concerns, the
NEJAC formed the Environmental Education
Grants Work Group at the May 1996 meeting of
the NEJAC. The Work-Group, which has been
tasked to conduct an across-the-board review of
EPA grants, will be chaired by Ms! Deeohn Ferris,
Washington Office on Environmental Justice and
Baltimore, Maryland, December 10 through 12, 1996
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Executive Summary
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chair of the Enforcement Subcommittee of the
NEJAC. The goal of the work group is to develop
a set of criteria that will assist EPA in awarding
grants.
Members suggested that the agenda of the
NEJAC should reflect an integrated approach
toward addressing broad-based issues such as
the children's health initiative, EPA's Brownfields
Initiative, the urban initiative, and proposed rules
on air quality. The members recommended that
to avoid fragmentation of how the Council
approaches environmental justice issues, the
NEJAC should develop a strategy that integrates
the issues brought before it.
Members also stressed the importance for the
White House Council on Environmental Quality to
issue guidelines for incorporating considerations
of environmental justice into the NEPA process:
Members of the NEJAC commented that many
problems that arise when concerns related to
environmental justice are not considered in the
preparation of EISs could be avoided or mitigated.
Several cases were presented to the NEJAC
which illustrate this concern. The cases include
the proposed pipeline at Spirit Lake affecting the
Spirit Lake Nation in North Dakota and the
proposed pumping station and reservoir affecting
the Mattaponi Indian Reservation in central
Virginia.
SUMMARIES
OF THE
SUBCOMMITTEE MEETINGS
Summarized below are the deliberations of
members during the meetings of the six
subcommittees of the NEJAC.
f
Enforcement Subcommittee
The Enforcement Subcommittee discussed the
activities of its work groups and reviewed
activities related to the regional Enforcement and
Compliance Assurance Roundtable Meeting, held
October 17 through 19, 1996 in San Antonio,
Texas. The subcommittee also discussed issues
related to enforcement and compliance
assurance, including state voluntary cleanup
programs, diversity in the workforce, and EPA's
environmental justice targeting initiatives related
to federal facilities.
The status of each work group was reported as
follows:
The Worker Protection Work Group has
coordinated its efforts with those.of the
International Subcommittee of the NEJAC to
develop recommendations to EPA on issues
related training, enforcement, and the
encouragement of a transboundary focus in
enforcement of the Worker Protection
Standard.
The Open Market Trading of Air Emissions
Credits Work Group addressed the broad
issues related to air permits, EPA's air toxics
program, and the. trading of air emissions
credits. In addition, the work group agreed to
develop for the consideration of the NEJAC
recommendations related to the proposed
rule PM-1Q on emissions of particulate
matter.
The Work Group on Permitting issued a
resolution to adopt the memorandum,
Integrating Environmental Justice into EPA's
Permitting Authority, for consideration by the
NEJAC. The memorandum is intended to
encourage EPA to examine ways to address
environmental justice issues under various,
legal statutes.
* The Work Group on the Policy on
Supplemental Environmental Projects (SEP)
is considering making recommendations to
EPA for better using SEPs and involving
communities in making decisions about those
projects.
The subcommittee reviewed the planning process
for, and activities related to, the regional
Enforcement and Compliance Assurance
Roundtable meeting. Members reported that one
lesson learned by the task force responsible for
planning the meeting was that, if local
communities are to be encouraged to participate
in the meeting, they should be involved early in
the planning process. The subcommittee agreed
to reestablish the task, force to review the
summary report of the October 1996 roundtable
meeting, explore recommendations for improving
planning processes, and identify an appropriate
location for the next roundtable meeting.
The subcommittee also forwarded for the
consideration of the NEJAC a resolution that
Baltimore, Maryland, December 10 through 12, 1996
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National Environmental Justice Advisory Council
Executive Summary
advises EPA to interpret Title VI of the Civil Rights ,
Act of 1964 in a'manner designed to strengthen
the protection of civil and environmental rights by;
fulfilling the constitutional mandate of equal
protection under the law.
Health and Research Subcommittee
Much of the discussion of the. Health and
Research Subcommittee centered on identifying
target areas for the future activities of the.-
subcommittee. Members agreed to work with
EPA on risk assessment initiatives in the following
areas:
Development of standard definitions of terms
, used rin risk assessments
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Identification of tools needed to conduct risk
- assessments in the community
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Identification of tools available from EPA
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Working more effectively with communities to
help them use the tools available
In addition, the subcommittee formed three work
groups to investigate specific initiatives. The
three work groups are:
Work Group on EPA's Toxics Agenda
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Work Group on Children at Risk in the
Environment (Lead and Asthma)
Work Group on Community-Based Risk Tools
The subcommittee also heard presentations on
EPA's toxics agenda and EPA's project to
address the effects of cumulative exposure on
communities, as well as a briefing on the
Baltimore Environmental Justice Community
Partnership Pilot Project.
The subcqmmittee also provided an opportunity
for members of the audience to comment on
issues related to health and research. Issues
presented to the subcommittee include universal
lead screening for all children; environmental
health problems in Puerto Rico; and
environmental health concerns related to
subsistence-level living near the Anacostia River
in the District of Columbia.
Members of the subcommittee also drafted
several resolutions calling for interagency
partnerships" to address the issue of lead
poisoning in children and increased funding to
support the- work of the National Institute of
Environmental Health Science (NIEHS) related to
fostering " communication among health
-researchers, health care providers, and
community residents affected by environmental
health hazards. -
Indigenous Peoples Subcommittee
The deliberations of the Indigenous Peoples
Subcommittee focused on a number of
environmental justice cases related to indigenous.
peoples! The members of the subcommittee also
reviewed resolutions and selected action items
that had been identified during the December
1995 'and the May 1996 meetings of the
subcommittee.
The environmental justice cases discussed by the
subcommittee included: >
s The status of Oklahoma tribes with regard to
regulatory authority under the Clean Water
' Act .- --
The concern of the Chuga'chmiut
Environmental Protection Consortium about
cumulative effects of wastes discharged into
the Upper Cook Inlet in Alaska
The opposition of Spirit Lake Nation to the
construction of a pipeline from Spirit Lake to
the SheyenneBiver in North 'Dakota ;
The opposition of the Mattaponi Indian Tribe
to the construction of a pumping station and
reservoir in Virginia
The opposition of the Fort Mojaye Indian
Tribe to the construction of a low-level
radioactive waste facility near Ward Valley,
California
The concern of the Traditional Klickitat and
Cascade Band of Yakima about discharge of
waste into the Columbia River, Washington
The opposition of Waipole Island First Nation
of Ontario, Canada to the discharge by a
chemical company of toxic waste into the St.
Glair River
After discussing the cases, the subcommittee
forwarded resolutions to the NEJAC calling for
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EPA to address the specific concerns pertinent to
each case.
Members also expressed concern that the
Indigenous Peoples Subcommittee no longer
counted a tribal elder among its members.
Describing the significant role the tribal elder
plays in the Native American culture, the
subcommittee forwarded to the NEJAC a
resolution requesting the appointment of a tribal
elder to the subcommittee.
International Subcommittee
Much of the meeting of the International
Subcommittee was devoted to presentations and '
updates on various international conferences and
EPA programs related to international
environmental justice issues. Discussions
focused on updates on EPA's Mexican programs;
Bolivia Hemispheric Conference on Sustainable
Development held in Santa Cruz, Bolivia; the
Habitat II Conference held in Istanbul, Turkey;
EPA's South African program; the environmental
law program of the United Nations Environmental
Programme; and the South African Exchange
Program on Environmental Justice.
Staff of EPA's Office of International Activities
(OIA) also updated the members of the
subcommittee on EPA's policy on international
activities. Members of the subcommittee voiced
concern that the term "environmental justice" is
not used in the international forum because of
misunderstandings or misconceptions about the
issue. The subcommittee urged OIA to use the
report, "Environmental Performance Reviews -
United States" to define the term "environmental
justice" to the international community.
The International Subcommittee adopted a
mission statement that outlines the charge of the
subcommittee. The statement pledges the
subcommittee to examine and make
recommendations about international issues'that
affect human health and the environment in a
glooal context.
Other activities of the subcommittee included
discussions about the status of the letter to the
EPA Administrator expressing concern about the
lack of public participation in the Border
Environment Cooperation Commission (BECC)
and the proposal to host a roundtable discussion
of international issues.
Public Participation and Accountability
Subcommittee
The deliberations of the Public Participation and
Accountability Subcommittee focused on
improving public participation by developing
strategies to distribute the NEJAC's model plan
for public participation; promoting the plan's
integration into EPA activities; improving the
NEJAC's interaction with communities; and
integrating public participation . in policy
development and decision making at national,
state, and local levels. The subcommittee also
discussed various environmental justice issues
related to public participation, such as those
related to the Enforcement and Compliance
Assurance Roundtable meeting and the review of
the EPA grant process. The subcommittee also
reviewed the successful effort to integrate the
Model Plan for Public Participation developed by
the subcommittee. OEJ has received many
requests for copies of the plan from other federal
agencies and associations.
The activities of the subcommittee included
review of the action items agreed upon at the May
and September 1996 meetings of the
subcommittee and discussion of the role of the
subcommittee within the NEJAC. The
subcommittee forwarded a resolution to the
NEJAC calling for the establishment of a joint
meeting with representatives of the other NEJAC
subcommittees to discuss issues related to public
participation. The subcommittee also identified
goals and objectives for 1997 which include,
develop methods for distributing and evaluating
the Model Plan and establishing procedures to
ensure accountability of the NEJAC.
The subcommittee also heard presentations on
training in environmental justice for personnel of
EPA's Office of Enforcement and Compliance
Assurance as well as activities of the Baltimore,
Maryland Environmental Justice Community
Partnership Pilot Project.
Waste and Facility Siting Subcommittee
The Waste and Facility Siting Subcommittee of
the NEJAC heard a number of presentations from
EPA on such policies as relocation, the
Brownfields Action Agenda, and guidance related
to siting issues. The subcommittee believes it
has been instrumental in helping EPA to view
issues related to environmental justice in a new
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National Environmental Justice Advisory Council
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way through such activities as the community
relocation roundtable meeting held in Pensacola,
Florida in May 1996 and the hosting of public
dialogues on Brownfields in 1995. The report on
the public dialogues on urban revitalization and
brownfields is available on EPA's brownfieids
home page on the Internet.
Members of the subcommittee discussed issues
they believe EPA should investigate, including.
Determining the role of local government
agencies during the relocation process
Preserving the integrity of communities during
the relocation process
Considering the desired outcomes and
overall objectives of each relocation effort
' Identifying situations in which residents may
or may-not wish to be relocated.
Members also reminded EPA to include tribal
issues among efforts conducted under the
Brownfieids Initiative. In addition, members
expressed concern about an emphasis on "urban"
areas, because the term "urban" takes on a
different meaning on tribal lands.
Members of the subcommittee discussed-the
complexity of issues involved in the siting of
facilities. Siting issues discussed are:
The existence of social as well as technical
issues that must be addressed during the
decision-making process
The need for better understanding of the
"bottom-up, community involvement
paradigm" because the community's
perspective on community involvement and
community-based planning differs from that of
a federal agency
The. need to address such issues as
cumulative risk and disproportionate burdens
through a coordinated approach among
agencies, with the recognition that those
issues never have a "purely urban" context
The need for a process that goes beyond
discussions at NEJAC meetings to address
siting issues
The need for a series of facility siting
roundtable meetings, similar to the relocation
(' roundtable meeting, with the subcommittee
encouraging appropriate people to participate
The subcommittee also heard a report on the
Petroglyph National Monument in Albuquerque,
New Mexico, considered by the Pueblo Indians a
sacred religious site. Members of the
subcommittee agreed to track the issues that
affect the,case, including plans by the city of
Albuquerque to-construct two commuter highways
through the monument. In addition, the
subcommittee heard a presentation on
Brownfields by the American Society for Testing
and Materials Proposed Task Group.
The subcommittee also discussed its future focus
and identified several,'areas that might warrant
investigation. Those areas include hosting a
series of public hearings on the; EPA rule on
revisions to standards for particulate matter and
ozone levels; reviewing issues associated wjth
the development of community impact
.statements; seeking consistency in the way in
which EPA initiatives are carried out;
recommending that regulations that govern the
permitting process be revised to mandate public
notification; becoming involved in the Superfund
reauthorization process; and developing a check
list of cleanup actions that are needed at the nine
Superfund sites in Puerto Rico.
CONCLUSION
The next meeting of the NEJAC will take place at
in Indian Country in May 1997. Activities will
include a site tour of the local community and two
opportunities for the public to offer comment.
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